11–27–00 Monday Vol. 65 No. 228 Nov. 27, 2000 Pages 70643–70768

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1 II Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000

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2 III

Contents Federal Register Vol. 65, No. 228

Monday, November 27, 2000

Agricultural Marketing Service Biological and Environmental Research Advisory RULES Committee, 70700–70701 Cotton research and promotion order: Environmental Management Site-Specific Advisory Levy assessments; automatic exemptions adjustment, Board— 70643–70644 Los Alamos National Laboratory, NM, 70701

Agriculture Department Energy Efficiency and Renewable Energy Office See Agricultural Marketing Service NOTICES See Natural Resources Conservation Service Meetings: See Biomass Research and Development Technical Advisory See Rural Utilities Service Committee, 70701–70702 NOTICES Agency information collection activities: Environmental Protection Agency Submission for OMB review; comment request, 70689– PROPOSED RULES 70690 Air quality implementation plans; approval and promulgation; various States: Air Force Department Massachusetts, 70676–70678 NOTICES Solid wastes: Agency information collection activities: Test methods for evaluating solid waste, physical/ Proposed collection; comment request, 70699–70700 chemical methods; third edition update, 70678– 70682 Centers for Disease Control and Prevention NOTICES NOTICES Confidential business information and data transfer, 70713 Grants and cooperative agreements; availability, etc.: Grants and cooperative agreements; availability, etc.: Human immunodeficiency virus (HIV)— Education programs or activities receiving Federal Community-based organizations; prevention programs financial assistance; nondiscrimination on basis of focusing on business and labor, youth-at-high risk, sex, 70713–70716 Pesticide registration, cancellation, etc.: and migrant workers, 70724–70728 Miliken Chemical, 70716–70717 Children and Families Administration Executive Office of the President NOTICES See Science and Technology Policy Office Agency information collection activities: See Trade Representative, Office of United States Proposed collection; comment request, 70728 Export Administration Bureau Commerce Department NOTICES See Export Administration Bureau Meetings: See Foreign-Trade Zones Board Regulations and Procedures Technical Advisory See International Trade Administration Committee, 70693 See National Oceanic and Atmospheric Administration Federal Aviation Administration Community Development Financial Institutions Fund RULES NOTICES Air traffic operating and flight rules, etc.: Grants and cooperative agreements; availability, etc.: Grand Canyon National Park, AZ; special flight rules in Community Development Financial Institutions Fund, vicinity— 70763–70767 Special flight rules area and flight free zones; modification of dimensions; correction, 70761 Consumer Product Safety Commission Airworthiness directives: RULES Cessna, 70645–70647 Automatic residential garage door operators; safety McDonnell Douglas, 70650–70654 standard, 70656–70660 Saab, 70648–70650 NOTICES Teledyne Continental Motors, 70654–70656 Meetings; Sunshine Act, 70699 Turbomeca; correction, 70647–70648 PROPOSED RULES Defense Department Airworthiness directives: See Air Force Department McDonnell Douglas, 70671–70673

Energy Department Federal Communications Commission See Energy Efficiency and Renewable Energy Office RULES See Federal Energy Regulatory Commission Radio stations; table of assignments NOTICES Texas, 70669–70670 Meetings: Radio stations; table of assignments: Basic Energy Sciences Advisory Committee, 70700 Texas, 70670

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NOTICES See Children and Families Administration Agency information collection activities: See Food and Drug Administration Proposed collection; comment request, 70718–70721 See Health Care Financing Administration NOTICES Federal Deposit Insurance Corporation Agency information collection activities: NOTICES Proposed collection; comment request, 70723–70724 Meetings; Sunshine Act, 70721–70722 Meetings: National Bioethics Advisory Commission, 70724 Federal Election Commission Vital and Health Statistics National Committee, 70724 RULES Reports by political committees: Health Care Financing Administration Election cycle reporting by authorized committees, 70644 NOTICES Federal Emergency Management Agency Meetings: NOTICES Practicing Physicians Advisory Council, 70728 Agency information collection activities: Submission for OMB review; comment request, 70722– Immigration and Naturalization Service 70723 NOTICES Disaster and emergency areas: Agency information collection activities: Arizona, 70723 Submission for OMB review; comment request, 70739

Federal Energy Regulatory Commission Interior Department NOTICES See Fish and Wildlife Service Electric rate and corporate regulation filings: See Land Management Bureau MDU Resources Group, Inc., et al., 70704–70708 See National Indian Gaming Commission Texas-New Mexico Power Co. et al.; correction, 70761 See Environmental statements; notice of intent: See Reclamation Bureau Colorado Interstate Gas Co., 70708–70710 See Surface Mining Reclamation and Enforcement Office Maritimes & Northeast Pipeline, L.L.C., 70710–70712 Hydroelectric applications, 70712–70713 Applications, hearings, determinations, etc.: International Trade Administration Associated Natural Gas Co., 70702 NOTICES Kern River Gas Transmission Co., 70702 Antidumping: Northwest Alaskan Pipeline Co., 70703 Brake rotors from— Northwest Pipeline Corp., 70703 China, 70694–70695 Panhandle Eastern Pipe Line Co., 70703–70704 Sebacic acid from— Southern Natural Gas Co., 70704 China, 70695–70696 Steel concrete reinforcing bars from— Federal Trade Commission Ukraine and Moldova, 70696–70697 RULES Federal claims collection: International Trade Commission Civil monetary penalties; inflation adjustment NOTICES Correction, 70761 Meetings; Sunshine Act, 70736–70737

Fish and Wildlife Service Justice Department NOTICES See Immigration and Naturalization Service Environmental statements; availability, etc.: See Parole Commission Incidental take permits— NOTICES Gopher tortoise, 70728–70731 Grants and cooperative agreements; availability, etc.: Education programs or activities receiving Federal Food and Drug Administration financial assistance; nondiscrimination on basis of RULES sex, 70737–70738 Animal drugs, feeds, and related products: Ivermectin oral paste, 70661 Land Management Bureau Nitenpyram, 70662 Trenbolone and estradiol, 70662–70663 NOTICES Food additives: Environmental statements; notice of intent: Peroxyacetic acid, etc.; safe use as an antimicrobial agent Wild and Scenic Klamath River, OR and CA, 70731– on red meat carcasses, 70660–70661 70732 Meetings: Foreign-Trade Zones Board Resource Advisory Councils— NOTICES Sierra Front/Northwestern Great Basin, 70732 Applications, hearings, determinations, etc.: Realty actions; sales, leases, etc.: New York, 70693–70694 Colorado, 70732–70733 Virginia, 70694 Legal Services Corporation Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Meetings; Sunshine Act, 70739

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National Highway Traffic Safety Administration Parole Commission PROPOSED RULES RULES Motor vehicle safety standards: Federal prisoners; paroling and releasing, etc.: Child restraint systems— District of Columbia Code— Safety plan, 70687–70688 Parole of prisoners serving sentences for felony crimes; Rear visibility systems; rear cross-view mirrors, 70682– decisions to grant and deny; guidelines, 70663– 70687 70669

National Indian Gaming Commission Public Health Service PROPOSED RULES See Centers for Disease Control and Prevention Management contract provisions: See Food and Drug Administration Minimum internal control standards, 70673–70674 Reclamation Bureau National Labor Relations Board NOTICES NOTICES Meetings: Senior Executive Service: Glen Canyon Adaptive Management Work Group and Performance Review Board; membership, 70740 Glen Canyon Technical Work Group, 70735–70736

National Oceanic and Atmospheric Administration Research and Special Programs Administration NOTICES NOTICES Natural resource damage assessment and restoration plans; Meetings: availability, etc.: Mechanical damage in pipelines; quarterly performance Swanson Creek and Patuxent River, MD, 70698–70699 review, 70758

National Park Service Rural Housing Service PROPOSED RULES NOTICES National Park System: Grants and cooperative agreements; availability, etc.: Off-Road Driving Regulations at Fire Island National Section 515 Rural Rental Housing Program and Section Seashore Negotiated Rulemaking Advisory 521 rental assistance for needs resulting from Committee; intent to establish, 70674–70676 Hurricanes Dennis, Floyd, and Irene, 70691 NOTICES Concession contract negotiations: Cape Cod National Seashore, MA, 70733 Rural Utilities Service Environmental statements; availability, etc.: NOTICES Channel Island National Park, CA; restoration plan, Environmental statements; availability, etc.: 70733 Arkansas Electric Cooperative Corp., 70691–70692 Lower St. Croix National Scenic Riverway; MN and WI, Georgia Transmission Corp., 70692 70733–70734 Environmental statements; notice of intent: Environmental statements; notice of intent: Old Dominion Electric Cooperative, 70692–70693 Elis Island South Side; New York Harbor, NJ; public meetings, 70734 Science and Technology Policy Office National Register of Historic Places: NOTICES Pending nominations, 70734–70735 Meetings: President’s Committee of Advisors on Science and Natural Resources Conservation Service Technology, 70717 NOTICES Environmental statements; availability, etc.: Securities and Exchange Commission Holbrook Lake Ditch Watershed Project, CO, 70690– NOTICES 70691 Meetings; Sunshine Act, 70745 Self-regulatory organizations; proposed rule changes: Northeast Dairy Compact Commission Depository Trust Co., 70745–70748 NOTICES MBS Clearing Corp.; correction, 70761 Meetings, 70740 National Association of Securities Dealers, Inc., 70748– 70756 Nuclear Regulatory Commission Applications, hearings, determinations, etc.: NOTICES Public utility holding company filings, 70742–70745 Meetings: Burnup credit in spent fuel shipping casks; phenomena Social Security Administration identification and ranking table development, 70741– NOTICES 70742 Agency information collection activities: Reports and guidance documents; availability, etc.: Submission for OMB review; comment request, 70756 Radiation Protection Standards, 70742 Applications, hearings, determinations, etc.: State Department PECO Energy Co., 70740–70741 NOTICES Meetings: Office of United States Trade Representative Historical Diplomatic Documentation Advisory See Trade Representative, Office of United States Committee, 70756–70757

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Surface Mining Reclamation and Enforcement Office NOTICES NOTICES Agency information collection activities: Agency information collection activities: Submission for OMB review; comment request, 70759– Proposed collection; comment request, 70736 70760

Trade Representative, Office of United States NOTICES Separate Parts In This Issue North American Free Trade Agreement (NAFTA): Accelerated tariff eliminations— Part II Third round implementation, 70757–70758 Community Development Financial Institutions Fund, Transportation Department 70763–70767 See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Reader Aids Consult the Reader Aids section at the end of this issue for Treasury Department phone numbers, online resources, finding aids, reminders, See Community Development Financial Institutions Fund and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 1205...... 70643 11 CFR 104...... 70644 14 CFR 39 (5 documents) ...... 70645, 70647, 70648, 70650, 70654 93...... 70761 Proposed Rules: 39...... 70671 16 CFR 1...... 70761 1211...... 70656 21 CFR 173...... 70660 520 (2 documents) ...... 70661, 70662 522...... 70662 25 CFR Proposed Rules: 542...... 70673 28 CFR 2...... 70663 36 CFR Proposed Rules: Ch. I ...... 70674 40 CFR Proposed Rules: 52...... 70676 258...... 70678 260...... 70678 261...... 70678 264...... 70678 265...... 70678 266...... 70678 270...... 70678 279...... 70678 47 CFR 73 (2 documents) ...... 70669, 70670 49 CFR Proposed Rules: 571 (2 documents) ...... 70682, 70687

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Rules and Regulations Federal Register Vol. 65, No. 228

Monday, November 27, 2000

This section of the FEDERAL REGISTER 6603, facsimile (202) 690–1718, or email proposed rule will neither raise nor contains regulatory documents having general [email protected]. lower assessments paid by importers applicability and legal effect, most of which SUPPLEMENTARY INFORMATION: subject to the Cotton Research and are keyed to and codified in the Code of Promotion Order and therefore presents Federal Regulations, which is published under Executive Order 12866 minimal economic impact. This action 50 titles pursuant to 44 U.S.C. 1510. This proposed rule has been will improve the agency’s ability to The Code of Federal Regulations is sold by determined to be ‘‘non significant’’ for prevent double-assessment of U.S. the Superintendent of Documents. Prices of purposes of Executive Order 12866, and, produced cotton reentering the U.S. in new books are listed in the first FEDERAL therefore, has not been reviewed by the the form of textile and apparel products. REGISTER issue of each week. Office of Management and Budget. Under these circumstances AMS has determined that this action will not Executive Order 12988 have a significant economic impact on DEPARTMENT OF AGRICULTURE This proposed rule has been reviewed a substantial number of small entities. under Executive Order 12988, Civil Agricultural Marketing Service Justice Reform. It is not intended to Paperwork Reduction have retroactive effect. This rule would In compliance with Office of 7 CFR Part 1205 not preempt any state or local laws, Management and Budget (OMB) regulations (5 CFR part 1320) which [CN±00±009] regulations, or policies unless they present an irreconcilable conflict with implement the Paperwork Reduction Amendment to Cotton Board Rules this rule. Act (PRA) (44 U.S.C. 3501 et seq.), the and Regulations Regarding Import The Cotton Research and Promotion information collection in the regulation Assessment Exemptions Act provides that administrative to be amended has been previously proceedings must be exhausted before approved by OMB and was assigned AGENCY: Agricultural Marketing Service, parties may file suit in court. Under control number 0581–0093. USDA. Section 12 of the Act, any person Background ACTION: Interim final rule with request subject to an order may file with the for comments. Secretary a petition stating that the The Cotton Research and Promotion order, any provision of the plan, or any Act Amendments of 1990 enacted by SUMMARY: The Agricultural Marketing obligation imposed in connection with Congress under Subtitle G of Title XIX Service is proposing to amend the the order is not in accordance with law of the Food, Agriculture, Conservation regulations regarding import assessment and requesting a modification of the and Trade Act of 1990 on November 28, exemptions by adjusting the provisions order or to be exempted therefrom. Such 1990, contained two provisions that for automatic assessment exemptions on person is afforded the opportunity for a authorized changes in the funding certain imports of textile and apparel hearing on the petition. After the procedures for the Cotton Research and products to reflect additional hearing, the Secretary would rule on the Promotion Program. Harmonized Tariff Schedule (HTS) petition. The Act provides that the These provisions are: (1) the numbers. The purpose of the proposed District Court of the United States in assessment of imported cotton and changes is to avoid multiple assessment any district in which the person is an cotton products; and (2) termination of of U.S. produced cotton that has been inhabitant, or has his principal place of the right of cotton producers to demand exported and then imported back into business, has jurisdiction to review the a refund of assessments. the U.S. in the form of textile and Secretary’s ruling, provided a complaint An amended Cotton Research and apparel products. is filed within 20 days from the date of Promotion Order was approved by producers and importers voting in a DATES: Effective November 28, 2000; entry of ruling. referendum held July 17–26, 1991. Final comments received by December 27, Regulatory Flexibility Act 2000 will be considered prior to implementing rules were published on Pursuant to requirements set forth in issuance of a final rule. July 1 and 2, 1992, (57 FR 29181) and the Regulatory Flexibility Act (RFA) (5 (57 FR 29431), respectively. ADDRESSES: Interested persons are U.S.C. 601 et seq.), AMS has considered Section 1205.335(c)(1) of the Cotton invited to submit written comments the economic impact of this action on Research and Promotion Order provides concerning this rule. Comments may be small entities and has determined that for exemptions from assessments for mailed to USDA, AMS, Cotton Program, its implementation will not have a certain imported goods when they STOP 0224, 1400 Independence significant economic impact on a contain U.S. produced cotton in order to Avenue, SW, Washington, D.C. 20250– substantial number of small businesses. minimize the occurrence of double 0224; fax (202) 690–1718, or E-mail There are an estimated 10,000 assessments on U.S. cotton. All U.S. [email protected]. Comments importers who are presently subject to produced cotton is assessed at the time should reference the docket number and rules and regulations issued pursuant to it is first sold. A significant amount of the date and page number of this issue the Cotton Research and Promotion U.S. produced cotton is converted into of the Federal Register and will be Order. This proposed rule would affect fabric in the U.S. and then exported. available for public inspection at this importers of cotton and cotton- The U.S. cotton containing fabric often address during regular business hours. containing products. The majority of returns to the U.S. in the form of apparel FOR FURTHER INFORMATION CONTACT: these importers are small businesses and textile articles. Whitney Rick, Chief, Cotton Research under the criteria established by the Section 1205.510 (b)(5) of the Cotton and Promotion Staff: phone (202) 720– Small Business Administration. This Board Rules and Regulations identifies

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Recently, new HTS formed from cotton produced in the While the amendment required all numbers were established to identify Unites States and identified by HTS types of disbursements including U.S. produced cotton fabrics and/or numbers 9819.11.03, 9819.11.06, operating expenditures to be aggregated yarns that are wholly formed and/or cut 9820.11.03, 9820.11.06, 9820.11.09, and reported on an election-cycle basis, in the U.S., exported and then imported 9820.11.12, 9820.11.18, 9820.11.21, back into the U.S. in the form of apparel 9802.00.8015, 9802.00.9000, it does not require that each itemizable products and/or luggage containing U.S. 9802.00.8044, or 9802.00.8046 shall not operating expenditure be reported on an produced cotton. These HTS numbers subject to assessment. election-cycle basis. Thus, the amendment could be interpreted to need to be exempt to avoid a double * * * * * assessment of U.S. produced cotton. mean that operating expenditures would Dated: November 20, 2000. Section 1205.510(b)(5) needs revision to be reported on the summary pages on an included ten newly identified HTS Norma R. McDill, election-cycle basis and itemized on numbers; 9819.11.30, 9819.11.60, Acting Deputy Administrator. Schedule B on a calendar-year basis. 9820.11.03, 9820.11.06, 9820.11.09, [FR Doc. 00–30139 Filed 11–24–00; 8:45 am] However, the Commission’s final rules 9820.11.12, 9820.11.18, 9820.11.21, BILLING CODE 3410±02±P construed the statutory amendment to 9802.00.8044, or 9802.00.8046 (see require all disbursements, including Presidential Proclamation 7350 of operating expenditures, to be both October 2, 2000 at 65 FR 59321, FEDERAL ELECTION COMMISSION aggregated on the summary page and published on October 4, 2000). itemized on Schedule B on an election- Pursuant to 5 U.S.C. 533, it is also 11 CFR Part 104 cycle basis. The Commission believes found and determined upon good cause this regulatory interpretation is [Notice 2000±20] that it is impracticable, unnecessary, necessary because it would be extremely and contrary to the public interest to Election Cycle Reporting by burdensome, and possibly unworkable, give preliminary notice prior to putting Authorized Committees for authorized committees to itemize this rule into effect and that good cause these expenditures on a calendar year exist for not postponing the effective AGENCY: Federal Election Commission. basis and, at the same time, report total date of this rule until thirty-days after ACTION: Final rule; announcement of amounts on an election-cycle-to-date publication in the Federal Register effective date. basis in the same report. because: (1) This rule needs to be Section 438(d) of Title 2, United effective promptly in order to reflect SUMMARY: On July 11, 2000, the States Code requires that any rules or new HTS numbers that became Commission published the text of applicable in October of 2000; (2) this revisions to the regulations requiring regulations prescribed by the rule will prevent importers of cotton authorized committees of federal Commission to carry out the provisions and cotton products from being double candidates to aggregate, itemize and of Title 2 of the United States Code be assessed on U.S. produced cotton that is report all receipts and disbursements on transmitted to the Speaker of the House exported and then returned to the U.S. an election-cycle basis rather than on a of Representatives and the President of in the form of textile and apparel calendar-year-to-date basis. The the Senate thirty legislative days prior to products; and (3) this rule provided a Commission announces that these rules final promulgation. These rules were thirty-day comment period, and any are effective as of January 1, 2001. transmitted to Congress July 6, 2000. comments received will be considered DATES: Effective January 1, 2001. Thirty legislative days expired in the prior to finalization of this rule. For the Applicability date: Reporting periods Senate on September 26, 2000, and the same reasons, a thirty-day comment beginning on or after January 1, 2001. House of Representatives on October 3, 2000. period is deemed appropriate. FOR FURTHER INFORMATION CONTACT: Ms. List of Subjects in 7 CFR Part 1205 Rosemary C. Smith, Assistant General The Commission also revised its Counsel, or Ms. Cheryl A. Fowle, forms, specifically the Detailed Advertising, Agricultural research, Attorney, 999 E Street, NW., Summary Page and Schedule B for FEC Cotton, Marketing agreements, Washington, DC 20463, (202) 694–1650 Forms 3 and 3P, to facilitate the Reporting and recordkeeping or toll free (800) 424–9530. reporting of all expenditures by requirements. SUPPLEMENTARY INFORMATION: The authorized committees on an election For reasons set forth in the preamble, Commission is announcing the effective cycle basis. In accordance with 2 U.S.C. 7 CFR part 1205 is proposed to be date of revisions to the regulations at 11 438(d), these forms were transmitted to amended as follows: CFR 104.3, 104.7, 104.8 and 104.9 Congress on September 15, 2000, and requiring authorized committees of ended their ten legislative day period on PART 1205ÐCOTTON RESEARCH federal candidates to aggregate, itemize September 29, 2000, in the House of AND PROMOTION and report all receipts and Representatives and on October 2, 2000, 1. The authority citation for part 1205 disbursements on an election-cycle in the Senate. The revised forms will continues to read as follows: basis. See Explanation and Justification also be used for reporting periods for Election Cycle Reporting by beginning on or after January 1, 2001. Authority: 7 U.S.C. 2101–2118. Authorized Committees, 65 FR 42619 Dated: November 21, 2000. (July 11, 2000). These rules implement 2. In § 1205.510, paragraph (b)(5) is Danny L. McDonald, revised to read as follows: a 1999 amendment to the Federal Election Campaign Act at 2 U.S.C. Vice Chairman, Federal Election Commission. § 1205.510 Levy of assessments. 434(b). Pub. L. 106–58, 106th Cong. 1st [FR Doc. 00–30152 Filed 11–24–00; 8:45 am] * * * * * Sess., sec. 641, 113 Stat. 430, 477 (1999). BILLING CODE 6715±01±P

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DEPARTMENT OF TRANSPORTATION Continent Airport, Wichita, Kansas What is the Potential Impact if FAA 67209, telephone: (316) 946–4128; Took No Action? Federal Aviation Administration facsimile: (316) 946–4407. These actions are necessary to 14 CFR Part 39 SUPPLEMENTARY INFORMATION: continue to detect and correct any cracks in the forward, aft, and auxiliary [Docket No. 99±CE±66±AD; Amendment 39± Discussion wing spars, which could result in 11971; AD 2000±23±01] What Prior AD Action Did FAA Take on reduced or loss of control of the RIN 2120±AA64 This Subject? airplane. Airworthiness Directives; Cessna We issued AD 99–11–13, Amendment Was the Public Invited to Comment? Aircraft Company Model 402C 39–11184 (64 FR 29781, June 3, 1999), The FAA encouraged interested Airplanes in order to detect and correct cracks in persons to participate in the making of the forward, aft, and auxiliary spars of this amendment. The following presents AGENCY: Federal Aviation Cessna Model 402C airplanes. AD 99– the comments received on the proposal Administration, DOT. 11–13 currently requires you to and FAA’s response to each comment: ACTION: Final rule. accomplish the following on the Comment Disposition SUMMARY: This amendment supersedes affected airplanes: Airworthiness Directive (AD) 99–11–13, —Inspect the forward, aft, and What is the Commenters’ Concerns? which currently requires inspecting auxiliary wing spars for cracks in Two commenters request that FAA (one-time) the forward, aft, and accordance with Cessna Service Bulletin change the compliance time of the auxiliary wing spars for cracks on MEB99–3, dated May 6, 1999; proposed AD based on their individual certain Cessna Aircraft Company —Repair any cracks found in circumstances. Both commenters utilize (Cessna) Model 402C airplanes, and accordance with an FAA-approved the affected airplanes and accumulate repairing any cracks found. AD 99–11– repair scheme; and over 1,000 hours time-in-service (TIS) 13 also requires reporting the results of per year. The commenters display the inspection to the Federal Aviation —Report the results of the inspection to FAA. concern over the safety problems that Administration (FAA) to provide data to could occur with the frequency of help us determine whether the AD 99–11–13 was the result of an inspections because of mechanic inspection should be repetitive. After re- accident of one of the affected airplanes complacency. The commenters’ evaluating the fatigue analysis for the where the right-hand wing failed just recommendations are as follows: wing spars on the affected airplanes, we inboard of the nacelle at Wing Station —incorporate an hours TIS or have determined that spar cap cracking (WS) 87. Investigation of this accident calendar (whichever occurs later) is not an isolated condition and could revealed fatigue cracking of the forward compliance time, e.g., 110 hours TIS or continue to develop over the life of the main spar that initiated at the edge of 6 months, whichever occurs later; and affected airplanes. This AD retains the the front spar forward lower spar cap. —allow the inspections at 360-hour inspection required in AD 99–11–13, What Has Happened To Necessitate TIS intervals instead of the proposed and will make the inspection repetitive. Further AD Action? 100-hour TIS intervals for operators The actions specified by this AD are with FAA-approved inspection intended to detect and correct any The reason for the reporting programs and who do not operate in cracks in the forward, aft, and auxiliary requirement of AD 99–11–13 was to accordance with the annual/100-hour wing spars, which could result in provide data to FAA on the extent of inspection requirements. reduced or loss of control of the cracking in the forward, aft, and airplane. auxiliary wing spars on the affected What is FAA’s Response to the Concern? DATES: This AD becomes effective on airplanes. After re-evaluating the fatigue While FAA recognizes mechanic December 21, 2000. analysis for the wing spars on the complacency as a viable concern, results The Director of the Federal Register affected airplanes, we have determined of damage tolerance analysis and testing previously approved the incorporation that spar cap cracking is not an isolated support the 100-hour TIS repetitive by reference of certain publications condition and could continue to inspection compliance time. Should a listed in the regulation as of June 21, develop over the life of the affected crack initiate through any means 1999 (64 FR 29781, June 3, 1999). airplanes. (manufacturing process, fatigue, corrosion, mechanical damage, etc.), the ADDRESSES: You may get the service Has FAA Taken Any Action to This 100-hour TIS inspection interval information referenced in this AD from Point? the Cessna Aircraft Company, P. O. Box provides at least two inspections 7706, Wichita, Kansas 67277; telephone: We issued a proposal to amend part between crack initiation and (316) 941–7550, facsimile: (316) 942– 39 of the Federal Aviation Regulations development to a critical crack length in 9008. You may examine this (14 CFR part 39) to include an AD that order to detect and correct the information at FAA, Central Region, would apply to certain Cessna Model condition. Office of the Regional Counsel, 402C airplanes. This proposal was We will consider individual Attention: Rules Docket No. 99–CE–66– published in the Federal Register as a extensions to the compliance times as AD, 901 Locust, Room 506, Kansas City, notice of proposed rulemaking (NPRM) alternative methods of compliance Missouri 64106; or at the Office of the on June 21, 2000 (65 FR 38448). The provided they: Federal Register, 800 North Capitol NPRM proposed to supersede AD 99– —Provide a level of safety that is Street, NW, suite 700, Washington, DC. 11–13, Amendment 39–11184. The acceptable to the FAA; and FOR FURTHER INFORMATION CONTACT: Eual NPRM also proposed to retain the —Are submitted using the procedures Conditt, Aerospace Engineer, FAA, inspection requirements of AD 99–11– in the AD. Wichita Aircraft Certification Office, 13, and proposed to make the inspection We are not making any changes to the 1801 Airport Road, Room 100, Mid- repetitive. final rule as a result of these comments.

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The FAA’s Determination Is There a Modification I Can for the repetitive inspections required Incorporate Instead of Repetitively by this AD. What Is FAA’s Final Determination on Inspecting the Wing Spars? The FAA may consider additional This Issue? The FAA has determined that long- rulemaking action if this modification is We carefully reviewed all available term continued operational safety developed and subsequently FAA- information related to the subject would be better assured by design approved. presented above and determined that air changes that remove the source of the Cost Impact safety and the public interest require the problem, rather than by repetitive How Many Airplanes Does This AD adoption of the rule as proposed except inspections or other special procedures. Impact? for minor editorial changes. These With this in mind, FAA is working with changes provide the intent that was Cessna in developing a strap installation We estimate that this AD affects 225 proposed in the NPRM for correcting the that would have the capability of airplanes in the U.S. registry. carrying airplane ultimate load if the unsafe condition and do not impose any What Is The Cost Impact of This AD on spar cap was fractured. The intent is additional burden than what was Owners/Operators of the Affected that this strap could be inspected and intended in the NPRM. Airplanes? that the inspections of this strap would be incorporated into the operator’s We estimate the following costs to maintenance program, as a replacement accomplish the initial inspection:

Total cost on U.S. Labor cost Parts cost Total cost per airplane airplane operators

3 workhours X $60 per hour = $180 ...... No parts required for the inspection ...... $180 per airplane ...... $40,500

What About the Cost of Repetitive Does This AD Involve a Significant Rule Authority: 49 U.S.C. 106(g), 40113, 44701. Inspections? or Regulatory Action? § 39.13 [Amended] The FAA has no method of For the reasons discussed above, I certify that this action (1) is not a 2. FAA amends § 39.13 by removing determining the number of repetitive Airworthiness Directive (AD) 99–11–13, inspections each owner/operator will ‘‘significant regulatory action’’ under Amendment 39–11184 (64 FR 29781, incur over the life of each of the affected Executive Order 12866; (2) is not a June 3, 1999), and by adding a new AD airplanes so the cost impact is based on ‘‘significant rule’’ under DOT to read as follows: the initial inspection. Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) 2000–23–01 Cessna Aircraft Company: What Is the Difference Between The Cost will not have a significant economic Amendment 39–11971; Docket No. 99– Impact of This AD and The Cost Impact impact, positive or negative, on a CE–66–AD; Supersedes AD 99–11–13, of AD 99–11–13? substantial number of small entities Amendment 39–11184. under the criteria of the Regulatory (a) What airplanes are affected by this AD? The cost impact of this AD is the same Flexibility Act. A copy of the final Any Model 402C airplane, certificated in any as is currently required by AD 99–11– evaluation prepared for this action is category, that has a serial number that falls 13. The only difference between this AD contained in the Rules Docket. A copy within one of the following ranges: and AD 99–11–13 is the repetitive of it may be obtained by contacting the (1) 689; inspections of each affected airplane Rules Docket at the location provided (2) 402C0001 through 402C0125; owner/operator. As discussed above, under the caption ADDRESSES. FAA has no way of determining the (3) 402C0201 through 402C0355; repetitive inspection costs. List of Subjects in 14 CFR Part 39 (4) 402C0401 through 402C0528; (5) 402C0601 through 402C0653; and Air transportation, Aircraft, Aviation Regulatory Impact (6) 402C0801 through 402C1020. safety, Incorportion by reference, Safety. Does This AD Impact Various Entities? (b) Who must comply with this AD? Adoption of the Amendment Anyone who wishes to operate any of the The regulations adopted herein will above airplanes must comply with this AD. Accordingly, under the authority not have a substantial direct effect on (c) What problem does this AD address? delegated to me by the Administrator, the States, on the relationship between The actions specified by this AD are intended the Federal Aviation Administration the national government and the States, to detect and correct any cracks in the amends part 39 of the Federal Aviation or on the distribution of power and forward, aft, and auxiliary wing spars, which Regulations (14 CFR part 39) as follows: responsibilities among the various could result in reduced or loss of control of levels of government. Therefore, it is PART 39ÐAIRWORTHINESS the airplane. determined that this final rule does not DIRECTIVES (d) What actions must I accomplish to have federalism implications under address this problem? To address this Executive Order 13132. 1. The authority citation for part 39 problem, you must accomplish the following: continues to read as follows:

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Actions Compliance times Procedures

(1) Accomplish both an external and internal in- Initially inspect upon accumulating 10,000 Accomplish these inspections in accordance spection of the forward, aft, and auxiliary hours total time-in-service (TIS) on the air- with the ACCOMPLISHMENT INSTRUC- wing spars for cracks. plane or within the next 25 hours TIS after TIONS section of Cessna Service Bulletin June 21, 1999 (the effective date of AD 99± MEB99±3, dated May 6, 1999. 11±13), whichever occurs later. Repetitively inspect thereafter within 110 hours TIS after the last inspection required by this AD or Ad 99±11±13, whichever is applicable, and thereafter at intervals not to exceed 110 hours TIS. (2) If any crack is found on any forward, aft, or auxiliary wing spar during any inspection re- quired by this AD, accomplish the following: (i) Obtain an FAA-approved repair scheme from the Cessna Aircraft Company, P.O. Box 7706, Wichita, Kansas 67277; tele- phone: (316) 941±7550, facsimile: (316) 942±9008; and. (ii) Incorporate this repair scheme...... Prior to further flight after the inspection Not applicable. where the crack is found.

Note 1: The 110-hour TIS interval (f) Where can I get information about any DEPARTMENT OF TRANSPORTATION repetitive inspection time is established to already-approved alternative methods of allow this action to be accomplished with compliance? Contact Eual Conditt, Aerospace Federal Aviation Administration regular maintenance. The FAA initially Engineer, FAA, Wichita Aircraft Certification determined that 100-hour TIS intervals Office, 1801 Airport Road, Room 100, Mid- 14 CFR Part 39 would provide the safety intent, but has since Continent Airport, Wichita, Kansas 67209, determined that the 110-hour TIS intervals telephone: (316) 946–4128; facsimile: (316) [Docket No. 2000±NE±11±AD; Amendment would provide the same safety intent while 39±11912; AD 2000±20±01] 946–4407. providing a 10-percent time flexibility in scheduling to coincide with regular (g) What if I need to fly the airplane to RIN 2120±AA64 maintenance. another location to comply with this AD? The FAA can issue a special flight permit under Airworthiness Directives; Turbomeca Note 2: The compliance times specified in sections 21.197 and 21.199 of the Federal Arriel 1 Series Turboshaft Engines; Cessna Service Bulletin MEB99–3, dated May Aviation Regulations (14 CFR 21.197 and 6, 1999, are different than those required by Correction this AD. The times in this AD take 21.199) to operate your airplane to a location where you can accomplish the requirements AGENCY: Federal Aviation precedence over those in the service bulletin. Administration, DOT. (e) Can I comply with this AD in any other of this AD. way? (h) Are any service bulletins incorporated ACTION: Final rule; correction (1) You may use an alternative method of into this AD by reference? Actions required SUMMARY: compliance or adjust the compliance time if: by this AD must be done in accordance with This document makes a (i) Your alternative method of compliance Cessna Service Bulletin MEB99–3, dated May correction to Airworthiness Directive provides an equivalent level of safety; and 6, 1999. The Director of the Federal Register (AD) 2000–20–01 applicable to (ii) The Manager, Wichita Aircraft previously approved this incorporation by Turbomeca Arriel 1 series turboshaft Certification Office (ACO), approves your reference under 5 U.S.C. 552(a) and 1 CFR engines that was published in the alternative. Submit your request through an part 51, as of June 21, 1999 (64 FR 29781; Federal Register on October 2, 2000 (65 FAA Principal Maintenance Inspector, who June 3, 1999). You can get copies from the FR 58640). The listing of helicopters on may add comments and then send it to the Cessna Aircraft Company, P.O. Box 7706, which the affected engines might be Manager, Wichita ACO, 1801 Airport Road, installed in the table in the Room 100, Mid-Continent Airport, Wichita, Wichita, Kansas 67277. You can look at Kansas 67209. copies at the FAA, Central Region, Office of Applicability section is incorrect. This (2) Alternative methods of compliance that the Regional Counsel, 901 Locust, Room 506, document corrects that listing. In all were approved in accordance with AD 99– Kansas City, Missouri, or at the Office of the other respects, the original document 11–13 are considered approved as alternative Federal Register, 800 North Capitol Street, remains the same. methods of compliance for this AD. NW, suite 700, Washington, DC. EFFECTIVE DATE: October 17, 2000. (i) Does this AD action affect any existing Note 3: This AD applies to each airplane FOR FURTHER INFORMATION CONTACT: identified in paragraph (a) of this AD, AD actions? This amendment supersedes AD James Rosa, Aerospace Engineer, Engine regardless of whether it has been modified, 99–11–13, Amendment 39–11184. Certification Office, FAA, Engine and altered, or repaired in the area subject to the (j) When does this amendment become Propeller Directorate, 12 New England requirements of this AD. For airplanes that effective? This amendment becomes effective Executive Park, Burlington, MA 01803– have been modified, altered, or repaired so on December 21, 2000. that the performance of the requirements of 5299; telephone (781) 238–7152, fax this AD is affected, the owner/operator must Issued in Kansas City, Missouri, on (781) 238–7199 . request approval for an alternative method of November 2, 2000. SUPPLEMENTARY INFORMATION: A final compliance in accordance with paragraph (e) Michael K. Dahl, rule airworthiness directive (FR Doc 00– of this AD. The request should include an assessment of the effect of the modification, Acting Manager, Small Airplane Directorate, 24900) applicable to Turbomeca Arriel 1 alteration, or repair on the unsafe condition Aircraft Certification Service. series turboshaft engines, was published addressed by this AD; and, if you have not [FR Doc. 00–28831 Filed 11–24–00; 8:45 am] in the Federal Register on October 2, eliminated the unsafe condition, specific BILLING CODE 4910±13±U 2000 (65 FR 58640). The following actions you propose to address it. correction is needed:

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§ 39.13 [Corrected] table in the third paragraph from the top On page 58641, in the second column, of the column, in the APPLICABILITY Section, the

Eurocopter AS 356 C ...... Eurocopter AS 365 C1 ...... Eurocopter AS 350 BA. Eurocopter AS 356 N2 ...... Eurocopter AS 350 B ...... Eurocopter AS 350 B2N. Eurocopter AS 350 D ...... Eurocopter AS 550 U2 ...... Augusta A109K2. Sikorsky S76A ...... Sikorsky 76A ...... Sikorsky 76A. Sikorsky S76C’’. is corrected to read ‘‘ Eurocopter SA 365 C; ...... Eurocopter SA 365 C1; ...... Eurocopter AS 350 BA; Eurocopter AS 365 N2; ...... Eurocopter AS 350 B; ...... Eurocopter AS 350 B2; Sikorsky S76C; ...... Augusta A109K2’’.

Issued in Burlington, MA, on September on the bushings, cracking of the flap repetitive general visual and detailed 21, 2000. fittings, and breakage of the lugs; these visual inspections; new repetitive non- David A. Downey, conditions could result in jamming of destructive test (NDT) inspections; and Assistant Manager, Engine and Propeller the flaps and consequent reduced corrective and follow-on actions, as Directorate, Aircraft Certification Service. controllability of the airplane. necessary. Additionally, the action also [FR Doc. 00–28959 Filed 11–24–00; 8:45 am] DATES: Effective January 2, 2001. proposed to provide for terminating BILLING CODE 4910±13±P The incorporation by reference of action for all repetitive inspections and certain publications listed in the to revise the applicability of the existing regulations is approved by the Director AD. DEPARTMENT OF TRANSPORTATION of the Federal Register as of January 2, Comments 2001. Federal Aviation Administration ADDRESSES: The service information Interested persons have been afforded an opportunity to participate in the 14 CFR Part 39 referenced in this AD may be obtained from Saab Aircraft AB, SAAB Aircraft making of this amendment. No ¨ [Docket No. 2000±NM±76±AD; Amendment Product Support, S–581.88, Linkoping, comments were submitted in response 39±11992; AD 2000±23±19] Sweden. This information may be to the proposal or the FAA’s RIN 2120±AA64 examined at the Federal Aviation determination of the cost to the public. Administration (FAA), Transport Conclusion Airworthiness Directives; Saab Model Airplane Directorate, Rules Docket, SAAB SF340A and SAAB 340B Series 1601 Lind Avenue, SW., Renton, The FAA has determined that air Airplanes Washington; or at the Office of the safety and the public interest require the Federal Register, 800 North Capitol adoption of the rule as proposed. AGENCY: Federal Aviation Street, NW., suite 700, Washington, DC. Administration, DOT. Cost Impact FOR FURTHER INFORMATION CONTACT: ACTION: Final rule. Norman B. Martenson, Manager, The FAA estimates that 303 airplanes of U.S. registry will be affected by this SUMMARY: This amendment supersedes International Branch, ANM–116, AD. an existing airworthiness directive (AD), Transport Airplane Directorate, 1601 applicable to certain Saab Model SAAB Lind Avenue, SW., Renton, Washington It will take approximately 1 work SF340A and SAAB 340B series 98055–4056; telephone (425) 227–2110; hour per airplane to accomplish the airplanes, that currently requires fax (425) 227–1149. required repetitive general visual inspections to detect damage or cracking SUPPLEMENTARY INFORMATION: A inspections, at an average labor rate of of the forward and aft attachment lugs proposal to amend part 39 of the Federal $60 per work hour. of the flap fittings at wing station (WS) Aviation Regulations (14 CFR part 39) Based on these figures, the cost 123.38; an inspection to verify that the by superseding AD 96–25–06 R1, impact of the required general visual sizes of the holes of the flap fittings are amendment 39–9891 (62 FR 3209, inspections on U.S. operators is within specified limits and to ensure January 22, 1997), which is applicable estimated to be $18,180, or $60 per that the swaged bushings are not loose; to certain Saab Model SAAB SF340A airplane, per inspection cycle. and modification of the flap fittings. and SAAB 340B series airplanes, was It will take approximately 1 work This amendment requires repetitive published in the Federal Register on hour per airplane to accomplish the accomplishment of the inspections July 31, 2000 (65 FR 46667). The action required one-time general visual using improved inspection methods; a proposed to continue to require inspection, at an average labor rate of one-time visual and repetitive general inspections to detect damage or cracking $60 per work hour. Based on these visual and detailed visual inspections; of the forward and aft attachment lugs figures, the cost impact of the required new repetitive non-destructive test of the flap fittings at wing station (WS) general visual inspection on U.S. (NDT) inspections; and corrective and 123.38; an inspection to verify that the operators is estimated to be $18,180, or follow-on actions, as necessary. This sizes of the holes of the flap fittings are $60 per airplane. amendment also provides for within specified limits and to ensure It will take approximately 1 work terminating action for all repetitive that the swaged bushings are not loose; hour per airplane to accomplish the inspections and revises the applicability and modification of the flap fittings. The required repetitive detailed visual of the existing AD. The actions specified action also proposed to require inspections, at an average labor rate of by this AD are intended to prevent high repetitive accomplishment of the $60 per work hour. Based on these bearing stress on the bushings of the inspections using improved inspection figures, the cost impact of the required flap fittings, which could result in wear methods; a one-time visual and detailed visual inspections on U.S.

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Based on these figures, the cost Accordingly, pursuant to the assembly is listed in the service bulletin, impact of the required NDT inspections authority delegated to me by the prior to further flight, accomplish the on U.S. operators is estimated to be Administrator, the Federal Aviation requirements of paragraph (a)(2)(i) and, at the $36,360, or $120 per airplane, per time specified, accomplish the requirements Administration amends part 39 of the of paragraph (a)(2)(ii) of this AD. inspection cycle. Federal Aviation Regulations (14 CFR Should an operator be required or part 39) as follows: General Visual Inspection, Non-Destructive elect to accomplish the terminating Test (NDT) Inspection, and Replacement of Bolts and Bushings modification, it will take approximately PART 39ÐAIRWORTHINESS 92 work hours per airplane (46 work DIRECTIVES (i) Perform a general visual inspection of hours per flap), at an average labor rate the affected flap fittings at WS 123.38 to 1. The authority citation for part 39 detect cracking, in accordance with the of $60 per hour. Required parts will cost continues to read as follows: service bulletin. If no cracking is detected, $7,362 per airplane ($3,681 per flap). Authority: 49 U.S.C. 106(g), 40113, 44701. repeat the visual inspection thereafter at Based on these figures, the cost impact intervals not to exceed 800 flight hours, until of the terminating modification on U.S. § 39.13 [Amended] the requirements of paragraph (a)(2)(ii) of this operators is estimated to be $12,882 per 2. Section 39.13 is amended by AD are accomplished. If any cracking is airplane. removing amendment 39–9891 (62 FR detected, prior to further flight, accomplish the terminating action specified by paragraph The cost impact figures discussed 3209, January 22, 1997), and by adding (c) of this AD. above are based on assumptions that no a new airworthiness directive (AD), (ii) Within 4,800 flight hours after the operator has yet accomplished any of amendment 39–11992, to read as effective date of this AD, perform a one-time the requirements of this AD action, and follows: detailed visual inspection of the flap fittings that no operator would accomplish 2000–23–19 SAAB Aircraft AB: Amendment to determine the size of the inboard and those actions in the future if this AD 39–11992. Docket 2000–NM–76–AD. outboard holes (swaged bushing) and to were not adopted. The cost impact Supersedes AD 96–25–06 R1, detect loose swaged bushings; and perform figures discussed in AD rulemaking Amendment 39–9891. an NDT inspection of the aft attachment lugs actions represent only the time of the flap assemblies at WS 123.38 to detect Applicability: Model SAAB SF340A series cracking, in accordance with the service necessary to perform the specific actions airplanes, manufacturer’s serial numbers bulletin. Accomplishment of the NDT actually required by the AD. These –004 through –159 inclusive; and SAAB inspection terminates the general visual figures typically do not include 340B series airplanes, manufacturer’s serial inspection required by paragraph (a)(2)(i) of incidental costs, such as the time numbers –160 through –459 inclusive; this AD. required to gain access and close up, certificated in any category; on which any flap assembly having part number (P/N) Note 2: For the purpose of this AD, a planning time, or time necessitated by 7257800–501 through 508 inclusive, or general visual inspection is defined as: ‘‘A other administrative actions. 7257800–851 through 7257800–856 visual examination of an interior or exterior inclusive, is installed. area, installation, or assembly to detect Regulatory Impact obvious damage, failure, or irregularity. This Note 1: This AD applies to each airplane The regulations adopted herein will level of inspection is made under normally identified in the preceding applicability available lighting conditions such as not have a substantial direct effect on provision, regardless of whether it has been daylight, hangar lighting, flashlight, or drop- the States, on the relationship between modified, altered, or repaired in the area light, and may require removal or opening of the national Government and the States, subject to the requirements of this AD. For access panels or doors. Stands, ladders, or or on the distribution of power and airplanes that have been modified, altered, or platforms may be required to gain proximity responsibilities among the various repaired so that the performance of the to the area being checked.’’ requirements of this AD is affected, the levels of government. Therefore, it is owner/operator must request approval for an Note 3: For the purposes of this AD, a determined that this final rule does not alternative method of compliance in detailed visual inspection is defined as: ‘‘An have federalism implications under accordance with paragraph (d) of this AD. intensive visual examination of a specific Executive Order 13132. The request should include an assessment of structural area, system, installation, or For the reasons discussed above, I the effect of the modification, alteration, or assembly to detect damage, failure, or irregularity. Available lighting is normally certify that this action (1) is not a repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not supplemented with a direct source of good ‘‘significant regulatory action’’ under been eliminated, the request should include lighting at intensity deemed appropriate by Executive Order 12866; (2) is not a specific proposed actions to address it. the inspector. Inspection aids such as ‘‘significant rule’’ under DOT Compliance: Required as indicated, unless mirrors, magnifying lenses, etc., may be used. Regulatory Policies and Procedures (44 accomplished previously. Surface cleaning and elaborate access FR 11034, February 26, 1979); and (3) To prevent high bearing stress on the procedures may be required.’’ will not have a significant economic bushings in the flap fittings, which could (A) If all the hole sizes are within the limits impact, positive or negative, on a result in jamming of the flaps and consequent specified by the service bulletin, no loose substantial number of small entities reduced controllability of the airplane, swaged bushings are found, and no cracking under the criteria of the Regulatory accomplish the following: of the aft attachment lugs is detected: Prior Flexibility Act. A final evaluation has to further flight, install new fasteners that Visual Inspection for Serial Numbers attach to the flap hinges (nuts, bolts, bushing, been prepared for this action and it is (a) Within 800 flight hours after the and washers), in accordance with the service contained in the Rules Docket. A copy effective date of this AD, perform a one-time bulletin. of it may be obtained from the Rules visual inspection of the flap assemblies of the (B) If any hole size is outside the limits Docket at the location provided under flap fittings at wing station (WS) 123.38 to specified by the service bulletin, or any loose the caption ADDRESSES. determine the flap assembly serial numbers, swaged bushing is found, or any cracking is

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Note 4: Information concerning the and –50 series airplanes and C–9 Visual Inspection for Modification Status existence of approved alternative methods of (military) airplanes, that currently compliance with this AD, if any, may be (b) Within 800 flight hours after the requires a one-time visual inspection to obtained from the International Branch, determine if the doorstops and corners effective date of this AD, perform a one-time ANM–116. visual inspection of the aft attachment lugs of the doorjamb of the forward (flap assemblies) of the flap fittings at wing Special Flight Permits passenger door have been modified, station (WS) 123.38 to determine the flap (e) Special flight permits may be issued in various follow-on repetitive inspections, assembly modification status, in accordance accordance with sections 21.197 and 21.199 and modification, if necessary. This with Saab Service Bulletin 340–57–037, of the Federal Aviation Regulations (14 CFR amendment requires a reduction in the dated January 18, 2000. 21.197 and 21.199) to operate the airplane to inspection threshold and repetitive (1) If the modification status is such that a location where the requirements of this AD intervals for a certain doubler all flap assemblies installed have thicker can be accomplished. configuration and an increase in the lugs, as specified by Figure 1 of the service grace period for a certain other doubler bulletin, no further action is required by this Incorporation by Reference configuration. This amendment is paragraph. (f) The actions shall be done in accordance (2) If the modification status is such that with Saab Service Bulletin 340–57–035, prompted by a determination that any flap assembly installed has a thinner lug, dated January 18, 2000; Saab Service Bulletin certain inspection compliance times as specified by Figure 1 of the service 340–57–037, dated January 18, 2000; and were incorrect. The actions specified by bulletin, prior to further flight, accomplish Saab Service Bulletin 340–57–038, dated this AD are intended to detect and the requirements of paragraph (b)(2)(i) and, at January 18, 2000; as applicable. This correct fatigue cracking, which could the time specified, accomplish the incorporation by reference was approved by result in rapid decompression of the requirements of paragraph (b)(2)(ii) of this the Director of the Federal Register in fuselage and consequent reduced AD. accordance with 5 U.S.C. 552(a) and 1 CFR structural integrity of the airplane. part 51. Copies may be obtained from Saab Visual Inspection and NDT Inspection DATES: Aircraft AB, SAAB Aircraft Product Support, Effective January 2, 2001. ¨ (i) Perform a general visual inspection of S–581.88, Linkoping, Sweden. Copies may be The incorporation by reference of the aft attachment lugs of the flap fittings at inspected at the FAA, Transport Airplane McDonnell Douglas Service Bulletin WS 123.38 to detect cracking or damage, in Directorate, 1601 Lind Avenue, SW., Renton, DC9–53–280, Revision 02, dated July 26, accordance with the service bulletin. If no Washington; or at the Office of the Federal 1999, as listed in the regulations, is cracking or damage is detected during the Register, 800 North Capitol Street, NW., suite approved by the Director of the Federal visual inspection, repeat the inspection 700, Washington, DC. Register as of January 2, 2001. thereafter at intervals not to exceed 800 flight Note 5: The subject of this AD is addressed The incorporation by reference of hours, until the requirements of paragraph in Swedish airworthiness directives No. 1– certain other publications, as listed in (b)(2)(ii) of this AD are accomplished. If any 152 and No. 1–153, each dated January 19, the regulations, was approved cracking or damage is detected during any 2000. general visual inspection required by this previously by the Director of the Federal paragraph, prior to further flight, accomplish Effective Date Register as of January 22, 1999 (63 FR the terminating action specified by paragraph 70005, December 18, 1998). (c) of this AD. (g) This amendment becomes effective on January 2, 2001. ADDRESSES: The service information (ii) Within 6,000 flight cycles after the referenced in this AD may be obtained effective date of this AD, perform an NDT Issued in Renton, Washington, on from Boeing Commercial Aircraft inspection of the aft attachment lug of the November 9, 2000. Group, Long Beach Division, 3855 flap fittings at WS 123.38 to detect cracking, in accordance with the service bulletin. Donald L. Riggin, Lakewood Boulevard, Long Beach, Accomplishment of the NDT inspection Acting Manager, Transport Airplane California 90846, Attention: Technical terminates the repetitive visual inspections Directorate, Aircraft Certification Service. Publications Business Administration, required by paragraph (b)(2)(i) of this AD. If [FR Doc. 00–29375 Filed 11–24–00; 8:45 am] Dept. C1–L51 (2–60). This information no cracking is detected, repeat the NDT BILLING CODE 4910±13±U may be examined at the Federal inspection thereafter at intervals not to Aviation Administration (FAA), exceed 6,000 flight cycles, until the actions Transport Airplane Directorate, Rules specified by paragraph (c) are accomplished. DEPARTMENT OF TRANSPORTATION Docket, 1601 Lind Avenue, SW., If any cracking is detected during any NDT Renton, Washington; or at the FAA, Los inspection required by this paragraph, prior Federal Aviation Administration to further flight, accomplish the terminating Angeles Aircraft Certification Office, action specified by paragraph (c) of this AD. 3960 Paramount Boulevard, Lakewood, 14 CFR Part 39 California; or at the Office of the Federal Terminating Action [Docket No. 99±NM±333±AD; Amendment Register, 800 North Capitol Street, NW., (c) Replacement of all flap fittings at WS 39±11995; AD 2000±23±22] suite 700, Washington, DC. 123.38 with new, improved flap fittings in FOR FURTHER INFORMATION CONTACT: accordance with Saab Service Bulletin 340– RIN 2120±AA64 57–038, dated January 18, 2000, terminates Wahib Mina, Aerospace Engineer, Airframe Branch, ANM–120L, FAA, Los all inspections required by this AD. Airworthiness Directives; McDonnell Angeles Aircraft Certification Office, Douglas Model DC±9±10, ±20, ±30, ±40, Alternative Methods of Compliance 3960 Paramount Boulevard, Lakewood, and ±50 Series Airplanes, and C±9 (d) An alternative method of compliance or California 90712–4137; telephone (562) (Military) Airplanes adjustment of the compliance time that 627–5324; fax (562) 627–5210. provides an acceptable level of safety may be AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: A used if approved by the Manager, International Branch, ANM–116, FAA, Administration, DOT. proposal to amend part 39 of the Federal Transport Airplane Directorate. Operators ACTION: Final rule. Aviation Regulations (14 CFR part 39) shall submit their requests through an by superseding AD 98–26–09, appropriate FAA Principal Maintenance SUMMARY: This amendment supersedes amendment 39–10949 (63 FR 70005, Inspector, who may add comments and then an existing airworthiness directive (AD), December 18, 1998), which is applicable

VerDate 112000 18:11 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\27NOR1.SGM pfrm02 PsN: 27NOR1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations 70651 to certain McDonnell Douglas Model The FAA does not concur with the authority to certain type certificate DC–9–10, –20, –30, –40, and –50 series second commenter that the repetitive holder structural DER’s to approve airplanes and C–9 (military) airplanes, inspection interval of 3,000 landings alternative methods of compliance for was published in the Federal Register specified in paragraph (c)(1)(i) of the AD AD-required repairs and modifications on April 5, 2000 (65 FR 17818). The should be increased. The FAA of individual airplanes. The FAA is action proposed to require a reduction determined that the cracking of the currently working with Boeing, Douglas in the inspection threshold and forward passenger door doorjamb is Products Division (DPD), to develop the repetitive intervals for a certain doubler fatigue related (as discussed in the implementation process for delegation configuration and an increase in the preamble of the NPRM). The 3,000- of approval of alternative methods of repetitive inspection interval for a landing compliance time was calculated compliance in accordance with that certain other doubler configuration. based on fatigue and damage tolerance notice. Once this process is analyses. Therefore, the FAA finds that Comments implemented, approval authority for the 3,000-landing repetitive inspection alternative methods of compliance can Interested persons have been afforded interval of paragraph (c)(1)(i) of the AD be delegated without revising the AD. an opportunity to participate in the is warranted, based on the effectiveness making of this amendment. Due of the inspection procedure to detect Explanation of Changes to Final Rule consideration has been given to the cracks, and the rate of crack growth in The FAA finds that, as the proposed comments received. the forward passenger door doorjamb. AD is currently worded, operators may Compliance Times However, the FAA inadvertently misinterpret what type of eddy current included an initial repetitive inspection inspection (i.e., low frequency or high One commenter requests that the interval of ‘‘within 2,000 landings after frequency) must be accomplished. The compliance time specified in paragraphs the effective date of this AD or within FAA’s intent was to follow the (c)(1) and (d) of the proposed AD be 3,000 landings from the last inspection particular type of eddy current revised to include ‘‘or prior to the in accordance with paragraph (c)(1) of inspection indicated in the referenced accumulation of 48,000 total landings.’’ this AD, whichever occurs later’’ in service bulletin. However, because the The commenter states that some of its paragraph (c)(1)(i) of the proposed AD. service bulletin interchanges the use of airplanes have accumulated less than The FAA’s intent was that, if no crack low frequency eddy current inspection 44,425 total landings. The initial is detected on the skin adjacent to the and high frequency eddy current compliance thresholds in paragraphs modification during any eddy current inspection, the FAA has revised the (c)(1) and (d) of the proposed AD do not inspection required by paragraph (c)(1) final rule to only reference ‘‘eddy take into consideration those airplanes of this AD, the eddy current inspection current inspection,’’ rather than a on which: (1) The initial inspection be accomplished thereafter at intervals particular type of eddy current required by paragraph (a) of the not to exceed 3,000 landings, as inspection. proposed AD is going to be indicated in the referenced service accomplished at 48,000 total landings, bulletin. Therefore, the FAA has revised Conclusion which is the later of the two thresholds paragraph (c)(1)(i) of the final rule After careful review of the available in paragraph (a) of this proposed AD; accordingly. data, including the comments noted and (2) the landings since above, the FAA has determined that air accomplishment of the previously Designated Engineer Representative safety and the public interest require the modified doorstops and corners of the (DER) Authority adoption of the rule with the changes forward passenger door doorjamb is One commenter requests that the previously described. The FAA has unknown. In this situation, those proposed AD be revised to allow determined that these changes will airplanes would exceed the compliance approval of certain repairs (i.e., cracking neither increase the economic burden times specified in paragraphs (c)(1) and conditions beyond the allowable repair on any operator nor increase the scope (d) of the proposed AD. limits specified in the proposed AD, and of the AD. A second commenter requests that the for existing repairs that are not done per FAA clarify the compliance times the DC–9 Structural Repair Manual or Cost Impact specified in paragraph (c)(1) of the Service Rework Drawing) based on There are approximately 809 proposed AD for the doorjambs with static strength analysis by a Boeing DER airplanes of the affected design in the steel repairs installed. The commenter or airline DER, instead of the Manager worldwide fleet. The FAA estimates that states that, since paragraph (c)(1) of the Los Angeles Aircraft Certification 572 airplanes of U.S. registry will be appears to ‘‘allow up to [5],999 flight Office (ACO). Then, the repair should be affected by this AD. cycles for existing repairs to be submitted to Boeing for a damage The visual inspection that is currently inspected initially,’’ a repetitive tolerance analysis, and subsequently, required by AD 98–26–09, and retained inspection interval of 3,000 flight cycles submitted to the Manager of the Los in this AD, takes approximately 1 work specified in paragraph (c)(1)(i) of the Angeles ACO. The commenter states hour per airplane to accomplish the proposed AD should be increased to that this provision would result in a required visual inspection, at an average 3,575 flight cycles. The commenter more efficient and expeditious repair labor rate of $60 per work hour. Based states that such an interval would approval process. on these figures, the cost impact of the maintain at least an equivalent level of The FAA does not concur. While currently required visual inspection safety. DER’s are authorized to determine required by this AD on U.S. operators is The FAA partially concurs. For the whether a design or repair method estimated to be $34,320 or $60 per reasons provided by the first complies with a specific requirement, airplane. commenter, the FAA concurs that they are not currently authorized to Should an operator be required to paragraphs (c)(1) and (d) of the final rule make the discretionary determination as accomplish the eddy current or x-ray should include a compliance time of to what the applicable requirement is. inspection, it will take approximately 1 ‘‘prior to the accumulation of 48,000 However, the FAA has issued a notice work hour per airplane to accomplish, total landings’’ and has revised the final (N 8110.72, dated March 30, 1998), at an average labor rate of $60 per work rule accordingly. which provides guidance for delegating hour. Based on these figures, the cost

VerDate 112000 18:11 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\27NOR1.SGM pfrm02 PsN: 27NOR1 70652 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations impact of any necessary eddy current or Docket at the location provided under Visual Inspection x-ray inspection required by this AD on the caption ADDRESSES. (a) Prior to the accumulation of 48,000 total U.S. operators is estimated to be $120 landings, or within 3,575 landings after List of Subjects in 14 CFR Part 39 per airplane, per inspection cycle. January 22, 1999 (the effective date of AD 98– Should an operator be required to Air transportation, Aircraft, Aviation 26–09, amendment 39–10949), whichever accomplish the HFEC inspection, it will safety, Incorporation by reference, occurs later, perform a one-time visual take approximately 2 work hours per Safety. inspection to determine if the doorstops and airplane to accomplish, at an average corners of the forward passenger door Adoption of the Amendment doorjamb have been modified. Perform the labor rate of $60 per work hour. Based inspection in accordance with McDonnell on these figures, the cost impact of any Accordingly, pursuant to the Douglas Service Bulletin DC9–53–280, dated necessary HFEC inspection required by authority delegated to me by the December 1, 1997, Revision 01, dated July 30, this AD on U.S. operators is estimated Administrator, the Federal Aviation 1998, or Revision 02, dated July 26, 1999. to be $60 per airplane, per inspection Administration amends part 39 of the Group 1, Eddy Current or X-Ray Inspection cycle. Federal Aviation Regulations (14 CFR Should an operator be required to (b) For airplanes identified as Group 1 in part 39) as follows: accomplish the modification, it will take McDonnell Douglas Service Bulletin DC9– approximately 8 work hours per 53–280, Revision 01, dated July 30, 1998: If PART 39ÐAIRWORTHINESS the visual inspection required by paragraph airplane to accomplish, at an average DIRECTIVES (a) of this AD reveals that the doorstops and labor rate of $60 per work hour. corners of the forward passenger door Required parts will cost between $898 1. The authority citation for part 39 doorjamb have not been modified, prior to and $1,037 per airplane, depending on continues to read as follows: further flight, perform an eddy current or x- ray inspection to detect cracks at all corners the service kit purchased. Based on Authority: 49 U.S.C. 106(g), 40113, 44701. these figures, the cost impact of the and doorstops of the forward passenger door modification required by this AD on § 39.13 [Amended] doorjamb, in accordance with McDonnell U.S. operators is estimated to be Douglas Service Bulletin DC9–53–280, dated 2. Section 39.13 is amended by December 1, 1997, Revision 01, dated July 30, between $1,378 and $1,517 per airplane. removing amendment 39–10949 (63 FR 1998, or Revision 02, dated July 26, 1999. The cost impact figures discussed 70005, December 18, 1998), and by (1) Group 1, Condition 1. If no crack is above are based on assumptions that no adding a new airworthiness directive detected during any eddy current or x-ray operator has yet accomplished any of (AD), amendment 39–11995, to read as inspection required by paragraph (b) of this the requirements of this AD action, and follows: AD, accomplish the requirements of either that no operator would accomplish paragraph (b)(1)(i) or (b)(1)(ii) of this AD, in those actions in the future if this AD 2000–23–22 McDonnell Douglas: accordance with the service bulletin. were not adopted. The cost impact Amendment 39–11995. Docket 99–NM– (i) Option 1. Repeat the eddy current 333–AD. Supersedes AD 98–26–09, inspection required by this paragraph figures discussed in AD rulemaking Amendment 39–10949. actions represent only the time thereafter at intervals not to exceed 3,575 Applicability: Model DC–9–10, –20, –30, landings, or the x-ray inspection required by necessary to perform the specific actions –40, and –50 series airplanes, and C–9 this paragraph thereafter at intervals not to actually required by the AD. These (military) airplanes, as listed in McDonnell exceed 3,075 landings; or figures typically do not include Douglas Service Bulletin DC9–53–280, (ii) Option 2. Prior to further flight, modify incidental costs, such as the time Revision 02, dated July 26, 1999; certificated the doorstops and corners of the forward required to gain access and close up, in any category. passenger door doorjamb, in accordance with planning time, or time necessitated by Note 1: This AD applies to each airplane the service bulletin. Prior to the other administrative actions. identified in the preceding applicability accumulation of 28,000 landings after provision, regardless of whether it has been accomplishment of the modification, perform Regulatory Impact modified, altered, or repaired in the area an eddy current inspection to detect cracks The regulations adopted herein will subject to the requirements of this AD. For on the skin adjacent to the modification, in accordance with the service bulletin. not have a substantial direct effect on airplanes that have been modified, altered, or repaired so that the performance of the (A) If no crack is detected on the skin the States, on the relationship between requirements of this AD is affected, the adjacent to the modification during any eddy the national Government and the States, owner/operator must request approval for an current inspection required by paragraph or on the distribution of power and alternative method of compliance in (b)(1)(ii) of this AD, repeat the eddy current responsibilities among the various accordance with paragraph (g)(1) of this AD. inspection thereafter at intervals not to levels of government. Therefore, it is The request should include an assessment of exceed 20,000 landings. determined that this final rule does not the effect of the modification, alteration, or (B) If any crack is detected on the skin have federalism implications under repair on the unsafe condition addressed by adjacent to the modification during any eddy Executive Order 13132. this AD; and, if the unsafe condition has not current inspection required by paragraph For the reasons discussed above, I been eliminated, the request should include (b)(1)(ii) of this AD, prior to further flight, repair it in accordance with a method certify that this action (1) is not a specific proposed actions to address it. Compliance: Required as indicated, unless approved by the Manager, Los Angeles ‘‘significant regulatory action’’ under Aircraft Certification Office (ACO), FAA. Executive Order 12866; (2) is not a accomplished previously. To detect and correct fatigue cracking in (2) Group 1, Condition 2. If any crack is ‘‘significant rule’’ under DOT the doorstops and corners of the doorjamb of found during any eddy current or x-ray Regulatory Policies and Procedures (44 the forward passenger door, which could inspection required by paragraph (b) of this FR 11034, February 26, 1979); and (3) result in rapid decompression of the fuselage AD, and the crack is 0.50 inch or less in will not have a significant economic and consequent reduced structural integrity length: Prior to further flight, modify the impact, positive or negative, on a of the airplane, accomplish the following: doorstops and corners of the forward substantial number of small entities passenger door doorjamb in accordance with Note 2: Where there are differences the service bulletin. Prior to the under the criteria of the Regulatory between the service bulletin and the AD, the accumulation of 28,000 landings after Flexibility Act. A final evaluation has AD prevails. accomplishment of the modification, perform been prepared for this action and it is Note 3: The words ‘‘repair’’ and ‘‘modify/ an eddy current inspection to detect cracks contained in the Rules Docket. A copy modification’’ in this AD and the referenced on the skin adjacent to the modification, in of it may be obtained from the Rules service bulletin are used interchangeably. accordance with the service bulletin.

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(i) If no crack is detected on the skin (ii) If any crack is detected on the skin requests through an appropriate FAA adjacent to the modification during any eddy adjacent to the modification during any eddy Principal Maintenance Inspector, who may current inspection required by paragraph current inspection required by paragraph add comments and then send it to the (b)(2) of this AD, repeat the eddy current (c)(2) of this AD, prior to further flight, repair Manager, Los Angeles ACO. inspection thereafter at intervals not to it in accordance with a method approved by (2) Alternative methods of compliance, exceed 20,000 landings. the Manager, Los Angeles ACO. approved previously in accordance with AD (ii) If any crack is detected on the skin Group 2, Inspection of Modified Doorstops 98–26–09, amendment 39–10949, or AD 96– adjacent to the modification during any eddy and Corners With Aluminum Doublers 13–03, amendment 39–9671, are approved as current inspection required by paragraph (d) Group 2, Condition 2. For airplanes alternative methods of compliance with this (b)(2) of this AD, prior to further flight, repair AD. it in accordance with a method approved by identified as Group 2 in McDonnell Douglas the Manager, Los Angeles ACO. Service Bulletin DC9–53–280, Revision 01, Note 4: Information concerning the (3) Group 1, Condition 3. If any crack is dated July 30, 1998: If the visual inspection existence of approved alternative methods of found during any eddy current or x-ray required by paragraph (a) of this AD reveals compliance with this AD, if any, may be that the doorstops and corners of the forward inspection required by paragraph (b) of this obtained from the Los Angeles ACO. passenger door doorjamb have been modified AD, and the crack is greater than 0.5 inch in previously in accordance with McDonnell Special Flight Permits length: Prior to further flight, repair it in Douglas DC–9 SRM or Service Rework accordance with a method approved by the (h) Special flight permits may be issued in Drawing, using an aluminum doubler, prior Manager, Los Angeles ACO. accordance with sections 21.197 and 21.199 to the accumulation of 28,000 landings after of the Federal Aviation Regulations (14 CFR the accomplishment of the modification, Group 2, Inspection of Modified Doorstops 21.197 and 21.199) to operate the airplane to and Corners With Steel Doublers prior to the accumulation of 48,000 total a location where the requirements of this AD (c) Group 2, Condition 1. For airplanes landings, or within 3,575 landings after January 22, 1999, whichever occurs latest, can be accomplished. identified as Group 2 in McDonnell Douglas perform an eddy current inspection to detect Service Bulletin DC9–53–280, Revision 01, Incorporation by Reference cracks on the skin adjacent to the dated July 30, 1998: If the visual inspection modification, in accordance with McDonnell (i) Except as provided by paragraphs required by paragraph (a) of this AD reveals Douglas Service Bulletin DC9–53–280, dated (b)(1)(ii)(B), (b)(2)(ii), (b)(3), (c)(1)(ii), that the doorstops and corners of the forward December 1, 1997, Revision 01, dated July 30, (c)(2)(ii), (d)(2), and (e) of this AD, the actions passenger door doorjamb have been modified 1998, or Revision 02, dated July 26, 1999. shall be done in accordance with McDonnell previously in accordance with the (1) If no crack is detected on the skin Douglas Service Bulletin DC9–53–280, dated McDonnell Douglas DC–9 Structural Repair adjacent to the modification during any eddy December 1, 1997; McDonnell Douglas Manual (SRM), using a steel doubler, current inspection required by paragraph (d) Service Bulletin DC9–53–280, Revision 01, accomplish either paragraph (c)(1) or (c)(2) of of this AD, repeat the eddy current dated July 30, 1998; or McDonnell Douglas this AD in accordance with McDonnell inspection thereafter at intervals not to Service Bulletin DC9–53–280, Revision 02, Douglas Service Bulletin DC9–53–280, dated exceed 20,000 landings. dated July 26, 1999. December 1, 1997, Revision 01, dated July 30, (2) If any crack is detected on the skin (1) The incorporation by reference of 1998, or Revision 02, dated July 26, 1999. adjacent to the modification during any eddy McDonnell Douglas Service Bulletin DC9– (1) Option 1. Prior to the accumulation of current inspection required by paragraph (d) 6,000 landings after accomplishment of the 53–280, Revision 02, dated July 26, 1999, is of this AD, prior to further flight, repair it in modification, prior to the accumulation of approved by the Director of the Federal accordance with a method approved by the 48,000 total landings, within 3,575 landings Register in accordance with 5 U.S.C. 552(a) Manager, Los Angeles ACO. after January 22, 1999, or within 2,000 and 1 CFR part 51. landings after the effective date of this AD, Group 2, Inspection of Modified Doorstops (2) The incorporation by reference of the whichever occurs latest: Perform an eddy and Corners Not Per SRM or Service Rework remaining publications was approved current inspection to detect cracks on the Drawing previously by the Director of the Federal skin adjacent to the modification, in (e) Group 2, Condition 3. For airplanes Register as of January 22, 1999 (63 FR 70005, accordance with the service bulletin. identified as Group 2 in McDonnell Douglas December 18, 1998). (i) If no crack is detected on the skin Service Bulletin DC9–53–280, Revision 02, (3) Copies may be obtained from Boeing adjacent to the modification during any eddy dated July 26, 1999: If the visual inspection Commercial Aircraft Group, Long Beach current inspection required by paragraph required by paragraph (a) of this AD reveals Division, 3855 Lakewood Boulevard, Long (c)(1) of this AD, repeat the eddy current that the doorstops and corners of the forward Beach, California 90846, Attention: Technical inspection thereafter at intervals not to passenger door doorjamb have been modified Publications Business Administration, Dept. exceed 3,000 landings. previously, but not in accordance with C1–L51 (2–60). Copies may be inspected at (ii) If any crack is detected on the skin McDonnell Douglas DC9 SRM or the Service the FAA, Transport Airplane Directorate, adjacent to the modification during any eddy Rework Drawing, prior to further flight, 1601 Lind Avenue, SW., Renton, current inspection required by paragraph repair it in accordance with a method Washington; or at the FAA, Los Angeles (c)(1) of this AD, prior to further flight, repair approved by the Manager, Los Angeles ACO. Aircraft Certification Office, 3960 Paramount it in accordance with a method approved by Boulevard, Lakewood, California; or at the the Manager, Los Angeles ACO. Terminating Action for Supplemental Office of the Federal Register, 800 North (2) Option 2. Prior to further flight, modify Inspection Document, AD 96–13–03 Capitol Street, NW., suite 700, Washington, the doorstops and corners of the forward (f) Accomplishment of the actions required DC. passenger door doorjamb in accordance with by this AD constitutes terminating action for the service bulletin. Prior to the inspections of Principal Structural Element Effective Date accumulation of 28,000 landings after the (PSE) 53.09.031 (reference McDonnell (j) This amendment becomes effective on accomplishment of the modification, perform Douglas Model DC–9 Supplemental January 2, 2001. a eddy current inspection to detect cracks on Inspection Document) required by AD 96– the skin adjacent to the modification, in 13–03, amendment 39–9671. Issued in Renton, Washington, on accordance with the service bulletin. November 13, 2000. Alternative Methods of Compliance (i) If no crack is detected on the skin Dorenda D. Baker, adjacent to the modification during any eddy (g)(1) An alternative method of compliance current inspection required by paragraph or adjustment of the compliance time that Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. (c)(2) of this AD, repeat the eddy current provides an acceptable level of safety may be inspection thereafter at intervals not to used if approved by the Manager, Los [FR Doc. 00–29497 Filed 11–24–00; 8:45 am] exceed 20,000 landings. Angeles ACO. Operators shall submit their BILLING CODE 4910±13±U

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DEPARTMENT OF TRANSPORTATION The service information referenced in this condition. Crankshafts with this this AD may be obtained from Teledyne type of subsurface defect will fail. All of Federal Aviation Administration Continental Motors, PO Box 90, Mobile, the fractures have been grouped around AL 36601; telephone toll free 1–888– certain manufacturing dates between 14 CFR Part 39 200–7565, or on the TCM internet site April 1, 1998, and March 31, 2000, ‘‘www.tcmlink.com.’’ This information inclusive. This condition, if not [Docket No. 2000±NE±16±AD; Amendment may be examined at the FAA, New corrected, could result in crankshaft 39±11994; AD 2000±23±21] England Region, Office of the Regional connecting rod journal fracture, which Counsel, 12 New England Executive could result in total engine power loss, RIN 2120±AA64 Park, Burlington, MA; or at the Office of in-flight engine failure and possible Airworthiness Directives; Teledyne the Federal Register, 800 North Capitol forced landing. Street, NW., suite 700, Washington, DC. Continental Motors IO±360, TSIO±360, Manufacturer’s Service Information LTSIO±360, O±470, IO±470, TSIO±470, FOR FURTHER INFORMATION CONTACT: Jerry IO±520, TSIO±520, LTSIO±520, IO±550, Robinette, Senior Engineer, Propulsion, The FAA has reviewed and approved TSIO±550, and TSIOL±550 Series Atlanta Aircraft Certification Office, the technical contents of TCM Reciprocating Engines FAA, Small Airplane Directorate, One Mandatory Service Bulletin (MSB) Crown Center, 1895 Phoenix Blvd., 005C, dated October 10, 2000. MSB AGENCY: Federal Aviation Suite 450, Atlanta, GA 30349; 005C lists additional serial numbers Administration, DOT. telephone: (770) 703–6096, fax: (770) (SN’s) of affected engines and suspect ACTION: Final rule; request for 703–6097. crankshafts that were manufactured comments. SUPPLEMENTARY INFORMATION: On April between April 1, 1998, and March 31, 28, 2000, the Federal Aviation 2000, inclusive. The MSB also describes SUMMARY: This amendment supersedes Administration (FAA) issued emergency procedures for removing a core sample emergency airworthiness directive (AD) airworthiness directive (AD) 2000–08– of material from the propeller mounting 2000–08–51. Emergency AD 2000–08– 51 that is applicable to Teledyne flange of the crankshaft and for 51 was sent to all known U.S. owners Continental Motors IO–360, TSIO–360, cleaning, chamfering, dye checking, and and operators of Teledyne Continental LTSIO–360, O–470, IO–470, TSIO–470, painting the core sample holes. Motors (TCM) IO–360, TSIO–360, IO–520, TSIO–520, LTSIO–520, IO–550, Requirements of This AD LTSIO–360, O–470, IO–470, TSIO–470, TSIO–550, and TSIOL–550 series IO–520, TSIO–520, LTSIO–520, IO–550, Since an unsafe condition has been reciprocating engines. That AD requires identified that is likely to exist or TSIO–550, and TSIOL–550 series removing a core sample of material from reciprocating engines by individual develop on other engines of this same the propeller mounting flange and type design, this airworthiness directive letters. This amendment requires sending the core sample to TCM for removing a core sample of material from (AD) requires removing a core sample of evaluation. That action was prompted material from the propeller mounting the propeller mounting flange of certain by reports of crankshafts on which the crankshafts, and sending the core flange and sending the core sample to connecting rod journals had fractured. TCM for evaluation. TCM has informed sample to TCM for evaluation. This On November 24, 1999, the FAA was amendment is prompted by reports of the FAA that it intends to maintain a 24 notified of a crankshaft failure on a TCM to 48 hour turn-around time for crankshaft failures, and by the addition engine. Since that time, the FAA has of additional crankshaft serial numbers notification of the crankshaft obtained information regarding 13 airworthiness. All crankshafts that are (SN) that have been added to the crankshaft failures. The investigation suspect population. The actions found to be unserviceable must be revealed that the crankshafts failed due replaced with a serviceable crankshaft specified by this AD are intended to to subsurface defects in the number one prevent fracture of the crankshaft prior to further flight. The actions are crankshaft connecting rod journal. The required to be accomplished in connecting rod journal, which could FAA has determined that all of the result in total engine power loss, in- accordance with the service bulletin defects were due to unique material described previously. flight engine failure and possible forced composition characteristics combined landing. with process control variations that Immediate Adoption DATES: Effective December 12, 2000. The occurred during the material melt Since a situation exists that requires incorporation by reference of certain process. This occurred during several the immediate adoption of this publications listed in the regulations is discrete periods, i.e. certain lots, of steel regulation, it is found that notice and approved by the Director of the Federal production or forming operations. The opportunity for prior public comment Register as of December 12, 2000. defects were not revealed during hereon are impracticable, and that good Comments for inclusion in the Rules manufacture because specification cause exists for making this amendment Docket must be received on or before material evaluation techniques were effective in less than 30 days. January 26, 2001. inadequate to detect these anomalies. ADDRESSES: Submit comments in Continued evaluation of crankshafts lots Comments Invited triplicate to the Federal Aviation with serial numbers (SN’s) other than Although this action is in the form of Administration (FAA), New England those that were listed in AD 2000–08– a final rule that involves requirements Region, Office of the Regional Counsel, 51, has detected the same condition in affecting flight safety and, thus, was not Attention: Rules Docket No. 2000–NE– those crankshaft lots. TCM mandatory preceded by notice and an opportunity 16–AD, 12 New England Executive Park, service bulletin (MSB) 005B, dated May for public comment, comments are Burlington, MA 01803–5299. Comments 25, 2000, and MSB 005C, dated October invited on this rule. Interested persons may also be sent via the Internet using 10, 2000, were issued to include the are invited to comment on this rule by the following address: ‘‘9-ane- SN’s of those additional suspect submitting such written data, views, or [email protected].’’ Comments sent crankshafts. The specification material arguments as they may desire. via the Internet must contain the docket evaluation techniques have been Communications should identify the number in the subject line. improved to preclude a reoccurrence of Rules Docket number and be submitted

VerDate 112000 18:11 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\27NOR1.SGM pfrm02 PsN: 27NOR1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations 70655 in triplicate to the address specified List of Subjects in 14 CFR Part 39 this AD is affected, the owner/operator must under the caption ADDRESSES. All request approval for an alternative method of Air transportation, Aircraft, Aviation compliance in accordance with paragraph (d) communications received on or before safety, Incorporation by reference, the closing date for comments will be of this AD. The request should include an Safety. assessment of the effect of the modification, considered, and this rule may be Adoption of the Amendment alteration, or repair on the unsafe condition amended in light of the comments addressed by this AD; and, if the unsafe received. Factual information that Accordingly, pursuant to the condition has not been eliminated, the supports the commenter’s ideas and authority delegated to me by the request should include specific proposed suggestions is extremely helpful in Administrator, the Federal Aviation actions to address it. evaluating the effectiveness of the AD Administration amends part 39 of the Compliance action and determining whether Code of Federal Regulations (14 CFR additional rulemaking action would be part 39) as follows: Compliance with the requirements of this needed. AD is required within the next 10 hours time- PART 39ÐAIRWORTHINESS in-service from the effective date of this AD, Comments are specifically invited on unless already done. the overall regulatory, economic, DIRECTIVES To prevent crankshaft connecting rod environmental, and energy aspects of journal fracture, which could result in total the rule that might suggest a need to 1. The authority citation for part 39 engine power loss, in-flight engine failure modify the rule. All comments continues to read as follows: and possible forced landing, do the submitted will be available, both before Authority: 49 U.S.C. 106(g), 40113, 44701. following: and after the closing date for comments, Note 3: TCM supplies an instructional in the Rules Docket for examination by § 39.13 [Amended] video in the tool kit for MSB 00–5C. It is interested persons. A report that 2. Section 39.13 is amended by recommended that the technician views and summarizes each FAA-public contact adding the following new airworthiness understands ‘‘Instructional Video for concerned with the substance of this AD directive: Compliance with Teledyne Continental Motors Mandatory Service Bulletin MSB 00– will be filed in the Rules Docket. 2000–23–21 Teledyne Continental Motors: 5C’’ before performing these procedures. Commenters wishing the FAA to Amendment 39–11994. Docket 2000– acknowledge receipt of their comments NE–16–AD. Crankshaft Material Inspection submitted in response to this notice Applicability (a) For those engines and crankshafts listed must submit a self-addressed, stamped by SN in TCM MSB 00–5C, dated October 10, postcard on which the following This Airworthiness Directive (AD) is 2000, do the crankshaft material inspection statement is made: ‘‘Comments to applicable to Teledyne Continental Motors (crankshaft propeller flange core sample) as (TCM) IO–360, TSIO–360, LTSIO-360, O– follows: Docket Number 2000–NE–16–AD.’’ The 470, IO–470, TSIO–470, IO–520, TSIO–520, postcard will be date stamped and LTSIO–520, IO–550, TSIO–550 and TSIOL– Note 4: The engine SN’s listed in TCM returned to the commenter. 550 series reciprocating engines that were MSB 00–5C contain only the numerical portion of the SN. Engines that have been Regulatory Impact assembled, rebuilt, or overhauled using a crankshaft that was manufactured between rebuilt by TCM will have a letter ‘‘R’’ at the April 1, 1998, and March 31, 2000, listed by end of the six digit numerical portion. This proposed rule does not have Disregard the letter ‘‘R.’’ federalism implications, as defined in engine and crankshaft serial number (SN) in TCM Mandatory Service Bulletin (MSB) 00– (1) Do the crankshaft material inspection Executive Order No. 13132, because it (crankshaft propeller flange core sample) in would not have a substantial direct 5C, dated October 10, 2000. Note 1: The engines and crankshafts that accordance with sections A through J of TCM effect on the States, on the relationship MSB 00–5C, dated October 10, 2000, as between the national government and are the subject of this AD were manufactured by TCM from April 1, 1998 through March follows: the States, or on the distribution of 31, 2000. However the dates that the engines (i) Use the specialized tools and equipment power and responsibilities among the and crankshafts were delivered may not provided by TCM as listed in section A of various levels of government. coincide with their dates of manufacture. For TCM MSB 00–5C, dated October 10, 2000. Accordingly, the FAA has not consulted crankshafts identified in paragraph (a) of this (ii) You may use each rotobroach bit to with state authorities prior to AD, TCM has already determined which obtain up to six core samples. Replace the rotobroach after the sixth core sample, or publication of this proposed rule. engines have a new suspect crankshaft installed and have identified those engines before if the rotobroach does not cut with the The FAA has determined that this maximum torque applied. regulation is an emergency regulation by engine SN. The crankshaft SN is only used to determine the need for taking a core (iii) Maintain a record of each core sample that must be issued immediately to sample for those crankshafts identified in obtained with each rotobroach bit used. correct an unsafe condition in aircraft, paragraph (a) and (b) of this AD. The engine Contact TCM to obtain additional rotobroach and is not a ‘‘significant regulatory SN can be found in logbooks or other bits. action’’ under Executive Order No. maintenance records. For those engines that (iv) Do not exceed the torque limits 12866. It has been determined further were overhauled in the field with factory specified in TCM MSB 00–5C, dated October new crankshafts, the crankshaft SN should be 10, 2000, when obtaining the core sample. that this action involves an emergency (2) After obtaining the results of the core regulation under DOT Regulatory shown in work orders, log books or other maintenance records. If the engine was sample evaluation, disposition the crankshaft Policies and Procedures (44 FR 11034, as follows: February 26, 1979). If it is determined assembled new, rebuilt, or overhauled on or before March 31, 1998, or on or after April (i) If TCM notifies you that the crankshaft is not serviceable, replace the crankshaft with that this emergency regulation 1, 2000, no action is required. otherwise would be significant under a serviceable crankshaft of the same part DOT Regulatory Policies and Note 2: This airworthiness directive (AD) number before further flight. Procedures, a final regulatory evaluation applies to each engine identified in the (ii) If TCM notifies you that the crankshaft preceding applicability provision, regardless will be prepared and placed in the Rules is serviceable, the propeller assembly may be of whether it has been modified, altered, or reinstalled. Docket. A copy of it, if filed, may be repaired in the area subject to the obtained from the Rules Docket at the requirements of this AD. For engines that Installation of Crankshafts location provided under the caption have been modified, altered, or repaired so (b) After the effective date of this AD, do ADDRESSES. that the performance of the requirements of not install a crankshaft with a SN that is

VerDate 112000 18:11 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\27NOR1.SGM pfrm02 PsN: 27NOR1 70656 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations listed in MSB 00–5C, dated October 10, 2000, reflect changes made by Underwriters garage door safety. Some new garage unless core samples have been taken and Laboratories, Inc. in its standard UL door operators have an inherent TCM has approved it for return to service. 325. entrapment protection system that can (c) Crankshaft material inspections continuously monitor the position of the (crankshaft propeller flange core samples) DATES: The rule will become effective that were done using TCM MSB 00–5, dated on December 27, 2000. The door. The UL revisions add April 14, 2000; MSB 00–5A, dated April 28, incorporation by reference of certain requirements for this type of system. 2000; or MSB 00–5B, dated May 25, 2000, publications in this rule is approved by Some new garage door operators have comply with this AD and must not be the Director of the Federal Register as of an inherent secondary door sensor that repeated. December 27, 2000. is independent of the primary Alternative Methods of Compliance FOR FURTHER INFORMATION CONTACT: entrapment protection system. The UL revisions add requirements for this type (d) An alternative method of compliance or Renae Rauchschwalbe, Office of adjustment of the compliance time that Compliance, Consumer Product Safety of new system. Finally, the UL standard provides an acceptable level of safety may be Commission, Washington, DC 20207, adds some new and revised provisions used if approved by the Manager, Atlanta telephone 301–504–0608, ext. 1362. concerning instructions and field Aircraft Certification Office (ACO). Operators installed labels. The final rule SUPPLEMENTARY INFORMATION: The shall submit their requests through an incorporates these changes into the appropriate FAA Principal Maintenance Commission issued part 1211 on December 21, 1992 to minimize the risk CPSC mandatory standard. Inspector, who may add comments and then Pursuant to section 605(b) of the send it to the Manager, Atlanta ACO. of entrapment by residential garage door openers. As mandated by section 203 of Regulatory Flexibility Act, 5 U.S.C. Note 5: Information concerning the 605(b), the Commission certifies that existence of approved alternative methods of Public Law 101–608, subpart A of part compliance with this airworthiness directive, 1211 codifies garage door operator this rule will not have a significant if any, may be obtained from the Atlanta entrapment provisions of Underwriter impact on a substantial number of small ACO. Laboratories, Inc. (‘‘UL’’) standard UL entities. Most of the changes are 325, third edition, ‘‘Door, Drapery, editorial and minor. The substantive Incorporation by Reference Material Louver and Window Operators and changes only affect the few companies (e) The actions required by this AD shall Systems.’’ Subparagraph (c) of section that are developing the new type of be performed in accordance with Teledyne 203 of Pub. L. 101–608 also required the garage door operators discussed above. Continental Motors MSB 00–5C, dated Commission to incorporate into part Moreover, UL has already made these October 10, 2000. This incorporation by changes to its UL 325 standard which is reference was approved by the Director of the 1211 any revisions that UL proposed to Federal Register in accordance with 5 U.S.C. the entrapment protection requirements widely followed by the industry. The 552(a) and 1 CFR part 51. Copies may be of UL 325, unless the Commission Commission also certifies that this rule obtained from Teledyne Continental Motors, notified UL that the revision does not will have no environmental impact. The PO Box 90, Mobile, AL 36601; telephone toll carry out the purposes of Pub. L. 101– Commission’s regulations state that free 1–888–200–7565, or on the TCM internet 608. safety standards for products normally site ‘‘www.tcmlink.com’’. Copies may be UL proposed revisions to UL 325 on have little or no potential for affecting inspected at the FAA, New England Region, June 30, 1998, and made them final on the human environment. 16 CFR Office of the Regional Counsel, 12 New 1021.5(c)(1). Nothing in this rule alters England Executive Park, Burlington, MA; or September 18, 1998. The Commission at the Office of the Federal Register, 800 determined that the entrapment related that expectation. North Capitol Street, NW, suite 700, revisions do carry out the purposes of Public Law 101–608 contains a Washington, DC. Public Law 101–608. On June 14, 2000, preemption provision. It states: ‘‘those provisions of laws of States or political Effective Date of This AD the Commission proposed a rule incorporating into subpart A of part subdivisions which relate to the labeling (f) This amendment becomes effective on 1211 those revisions that relate to of automatic residential garage door December 12, 2000. entrapment by residential automatic openers and those provisions which do Issued in Burlington, Massachusetts, on garage door operators and also not provide at least the equivalent November 13, 2000. correcting a few typographical errors in degree of protection from the risk of David A. Downey, part 1211. 65 FR 37318. The injury associated with automatic Assistant Manager, Engine and Propeller Commission received one comment on residential garage door openers as the Directorate, Aircraft Certification Service. the proposed rule from six students at consumer product safety rule’’ are [FR Doc. 00–29496 Filed 11–24–00; 8:45 am] Florida International University. Their subject to preemption under 15 U.S.C. BILLING CODE 4910±13±U comment discussed generally the 2075. Pub. L. 101–608, section 203(f). entrapment hazard posed by garage The rule will become effective 30 doors and precautions that garage door days from publication in the Federal CONSUMER PRODUCT SAFETY owners should take. They suggested a Register and will apply to garage door COMMISSION mandatory standard requiring both an operators entering the chain of external entrapment-sensing safety distribution on or after that date. The 16 CFR Part 1211 device and a constant contact control 30-day effective date is appropriate button. However, this would mean that because the substantive changes affect Safety Standard for Automatic the consumer would have to stand in only a few companies and they are Residential Garage Door Operators the garage at the button until the door identical to changes already made to UL AGENCY: Consumer Product Safety is completely closed. Aside from the 325, which is widely followed by the Commission. inconvenience of such a requirement, it industry. ACTION: Final rule. is beyond the scope of this rulemaking, List of Subjects in 16 CFR Part 1211 the narrow purpose of which is to revise SUMMARY: The Consumer Product Safety the existing Commission standard to Consumer protection, Incorporation Commission is amending regulations on reflect recent changes to UL 325. by reference, Imports, Labeling, the Safety Standard for Automatic The changes to the UL standard allow Reporting and recordkeeping Residential Garage Door Operators, to for advances in the state of the art in requirements.

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Accordingly, 16 CFR part 1211 is Engineering Documents, 15 Inverness paragraph (a) of this section, a amended as follows: Way East, Englewood, CO 80112, residential garage door operator shall Telephone (800) 854–7179 or Global comply with one of the following: PART 1211ÐSAFETY STANDARDS Engineering Documents, 7730 (1) * * * FOR AUTOMATIC RESIDENTIAL Carondelet Ave., Suite 470, Clayton, MO (i) * * * GARAGE DOOR OPENERS 63105, Telephone (800) 854–7179.’’ (ii) Reverse direction and open the door to the upmost position when 1. The authority citation for part 1211 e. Revise paragraphs (a)(1), (a)(6), and constant pressure on a control is is revised to read as follows: (a)(7); and add a new paragraph (a)(9) to read as follows: removed prior to operator reaching its Authority: Sec. 203 of Pub. L. 101–608, 104 lower limit, and Stat. 3110; 15 U.S.C. 2063 and 2065. § 1211.5 General testing parameters. (iii) Limit a portable transmitter, (a) * * * § 1211.2 [Amended] when supplied, to function only to (1) With regard to electrical cause the operator to open the door; 2. Section 1211.2 is amended as supervision of critical components, an (2) Shall be provided with a means for follows: operator being inoperative with respect connection of an external secondary (a) In the first sentence of § 1211.2(c) to downward movement of the door entrapment protection device as remove the word ‘‘1993’’ and add, in its meets the criteria for trouble indication. described in §§ 1211.8, 1211.10, and place ‘‘1999’’. * * * * * 1211.11; or (b) In the second sentence of (6) When a Computational (3) Shall be provided with an inherent § 1211.2(c) add ‘‘5’’ before ‘‘U.S.C.’’. Investigation is conducted, λp shall not secondary entrapment protection device 6 § 1211.3 [Amended] be greater than 6 failures/10 hours for as described in §§ 1211.8, 1211.10, and the entire system. For external 1211.12. 3. In the first sentence of § 1211.3 secondary entrapment protection (c) A mechanical switch or a relay remove the words ‘‘as given in these devices that are sold separately, λp shall used in an entrapment protection circuit requirements’’ and ‘‘an equivalent’’ and not be greater than 0 failures/106 hours. of an operator shall withstand 100,000 add the word ‘‘a’’ between the words For internal secondary entrapment cycles of operation controlling a load no ‘‘by’’ and ‘‘value’’. protection devices whether or not they less severe (voltage, current, power λ § 1211.4 [Amended] are sold separately, p shall not be factor, inrush and similar ratings) than greater than 0 failures/106 hours. The it controls in the operator, and shall 4. Section 1211.4 is amended as operational test is conducted for 14 function normally upon completion of follows: days. An external secondary entrapment the test. a. In the first sentence of § 1211.4(c) protection device that is sold separately, (d) In the event malfunction of a before the word ‘‘Tests’’ add the words and that has a λp greater than 0 failures/ switch or relay (open or short) described ‘‘Safety for’’. 106 hours meets the intent of the in paragraph (c) of this section results in b. In the first sentence of § 1211.4(c) requirement when for the combination loss of any entrapment protection remove the words ‘‘1st ed., dated July of the operator and the specified required by §§ 1211.7(a), 1211.7(f), or 19, 1991’’ and add, in their place external secondary entrapment 1211.8(a), the door operator shall ‘‘second edition, dated June 23, 1995’’. protection device λp does not exceed 6 become inoperative at the end of the c. In the second sentence of failures/106 hours. See § 1211.15(i) and opening or closing operation, the door § 1211.4(c) add ‘‘5’’ before ‘‘U.S.C.’’. (k). operator shall move the door to, and d. In the third sentence of § 1211.4(c) (7) When the Demonstrated Method stay within, 1 foot (305 mm) of the remove the words ‘‘Underwriters Test is conducted, the multiplier is to be uppermost position. Laboratories, Inc. 333 Pfingsten Road, based on the continuous usage level, 7. Revise Section § 1211.7 to read as Northbrook, Ill. 60062–2096’’ and add, and a minimum of 24 units for a follows: in their place ‘‘Global Engineering minimum of 24 hours per unit are to be Documents, 15 Inverness Way East, § 1211.7 Inherent entrapment protection tested. requirements. Englewood, CO 80112, Telephone (800) (8) * * * 854–7179 or Global Engineering (9) For the Electrical Fast Transient (a) Other than the first 1 foot (305mm) Documents, 7730 Carondelet Ave., Suite Burst Test, test level 3 is to be used for of travel as measured over the path of 470, Clayton, MO 63105, Telephone residential garage door operators. the moving door, both with and without any external entrapment protection (800) 854–7179.’’. * * * * * device functional, the operator of a § 1211.5 [Amended] § 1211.6 [Amended] downward moving residential garage 5. Section 1211.5 is amended as 6. Section 1211.6 is amended by door shall initiate reversal of the door follows: revising paragraphs (a), (b) introductory within 2 seconds of contact with the a. In the first sentence of § 1211.5(a) text, (b)(1)(ii), (b)(1)(iii), (b)(2), adding a obstruction as specified in paragraph (b) and § 1211.5(b)(3) before the word new paragraph (b)(3), revising of this section. After reversing the door, ‘‘Tests’’ add the words ‘‘Safety for’’. paragraphs (c) and (d), and removing the operator shall return the door to, b. In § 1211.5(a) and (b)(3) remove the paragraph (e) to read as follows: and stop at, the full upmost position, words ‘‘1st ed., dated July 19, 1991’’ and unless an inherent entrapment circuit add, in their place ‘‘second edition, § 1211.6 General entrapment protection senses a second obstruction or a control dated June 23, 1995’’. requirements. is actuated to stop the door during the c. In the second sentence of (a) A residential garage door operator upward travel. Compliance shall be § 1211.5(b)(3) add ‘‘5’’ before ‘‘U.S.C.’’. system shall be provided with primary determined in accordance with d. In the third sentence of inherent entrapment protection that paragraphs (b) through (i) of this § 1211.5(b)(3) remove the words complies with the requirements as section. ‘‘Underwriters Laboratories, Inc. 333 specified in § 1211.7. (b) A solid object is to be placed on Pfingsten Road, Northbrook, Ill. 60062– (b) In addition to the primary inherent the floor of the test installation and at 2096’’ and add, in their place ‘‘Global entrapment protection as required by various heights under the edge of the

VerDate 112000 18:11 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\27NOR1.SGM pfrm02 PsN: 27NOR1 70658 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations door and located in line with the to return the door to, and stop the door (3) An inherent door sensor driving point of the operator. When at, the full upmost position when an independent of the system used to tested on the floor, the object shall be inherent entrapment circuit senses an comply with § 1211.7 that, when 1 inch (25.4 mm) high. In the test obstruction or a control is actuated to activated, results in an operator that is installation, the bottom edge of the door stop the door during the upward travel. closing a door to reverse direction of the under the driving force of the operator (g) An operator, using an inherent door and the sensor prevents an is to be against the floor when the door entrapment protection system that does operator from closing an open door, or is fully closed. For operators other than not monitor the actual position of the (4) Any other external or internal those attached to the door, the solid door, shall initiate reversal of the door device that provides entrapment object is to be located at points at the and shall return the door to and stop the protection equivalent to paragraphs center, and within 1 foot of each end of door at the full upmost position, when (a)(1), (a)(2), or (a)(3) of this section. the door. the lower limiting device is not actuated (c) An operator is to be tested for in 30 seconds or less following the (b) With respect to paragraph (a) of compliance with paragraph (a) of this initiation of the close cycle. The door this section, the operator shall monitor section for 50 open-and-close cycles of operator is not required to return the for the presence and correct operation of operation while the operator is door to and stop at the full upmost the device, including the wiring to it, at connected to the type of residential position when an inherent entrapment least once during each close cycle. In garage door with which it is intended to circuit senses an obstruction or a control the event the device is not present or a be used or with the doors specified in is actuated to stop the door during the fault condition occurs which precludes paragragh (e) of this section. For an upward travel. When the door is the sensing of an obstruction, including operator having a force adjustment on stopped manually during its descent, an open or short circuit in the wiring the operator, the force is to be adjusted the 30 seconds shall be measured from that connects an external entrapment to the maximum setting or at the setting the resumption of the close cycle. protection device to the operator and device’s supply source, the operator that represents the most severe (h) To determine compliance with shall be constructed such that: operating condition. Any accessories paragraph (f) or (g) of this section, an having an effect on the intended operator is to be subjected to 10 open- (1) A closing door shall open and an operation of entrapment protection and-close cycles of operation while open door shall not close more than 1 functions that are intended for use with connected to the door or doors specified foot (305 mm) below the upmost the operator, are to be attached and the in paragraphs (c) and (e) of this section. position, or test is to be repeated for one additional The cycles are not required to be cycle. (2) The operator shall function as consecutive. Motor cooling-off periods (d) For an operator that is to be required by § 1211.6(b)(1). during the test meet the intent of the adjusted (limit and force) according to (c) An external entrapment protection requirement. The means supplied to instructions supplied with the operator, device shall comply with the applicable comply with the requirement in the operator is to be tested for 10 requirements in §§ 1211.10, 1211.11 and paragraph (a) of this section and additional obstruction cycles using the 1211.12. solid object described in paragraph (b) § 1211.8(a) are to be defeated during the test. An obstructing object is to be used (d) An inherent secondary entrapment of this section at the maximum setting protection device shall comply with the or at the setting that represents the most so that the door is not capable of activating a lower limiting device. applicable requirements in § 1211.13. severe operating condition. Software used in an inherent (e) For an operator that is intended to (i) During the closing cycle, the entrapment protection device shall be used with more than one type of system providing compliance with comply with the Standard for Safety for door, one sample of the operator is to be §§ 1211.7(a) and 1211.7(f) or 1211.7(a) Software in Programmable Components, tested on a sectional door with a curved and 1211.7(g) shall function regardless UL 1998, Second Edition, May 29, 1998. track and one sample is to be tested on of a short- or open-circuit anywhere in This incorporation by reference was a one-piece door with jamb hardware any low-voltage external wiring, any and no track. For an operator that is not external entrapment devices, or any approved by the Director of the Federal intended for use on either or both types other external component. Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may of doors, a one-piece door with track 8. Section 1211.8 is revised to read as be obtained from Global Engineering hardware or a one-piece door with pivot follows: hardware shall be used for the tests. For Documents, 15 Inverness Way East, an operator that is intended for use with § 1211.8 Secondary entrapment protection Englewood, CO 80112, Telephone (800) a specifically dedicated door or doors, a requirements. 854–7179 or Global Engineering representative door or doors shall be (a) A secondary entrapment Documents, 7730 Carondelet Ave., Suite used for the tests. See the marking protection device supplied with, or as 470, Clayton, MO 63105, Telephone requirements at § 1211.16. an accessory to, an operator shall (800) 854–7179. Copies may be (f) An operator, using an inherent consist of: inspected at the Consumer Product entrapment protection system that (1) An external photoelectric sensor Safety Commission, Office of the monitors the actual position of the door, that when activated results in an Secretary, 4330 East West Highway, shall initiate reversal of the door and operator that is closing a door to reverse Bethesda, Maryland or at the Office of shall return the door to, and stop the direction of the door and the sensor the Federal Register, 800 North Capitol door at, the full upmost position in the prevents an operator from closing an Street, N.W. suite 700, Washington, D.C. event the inherent door operating open door, § 1211.9 [Amended] ‘‘profile’’ of the door differs from the (2) An external edge sensor installed originally set parameters. The on the edge of the door that, when 9. Section 1211.9 is amended by entrapment protection system shall activated results in an operator that is revising paragraph (a), redesignating monitor the position of the door at closing a door to reverse direction of the paragraphs (b) and (c) as paragraphs (c) increments not greater than 1 inch (25.4 door and the sensor prevents an and (d) respectively, and adding a new mm). The door operator is not required operator from closing an open door, paragraph (b) to read as follows:

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§ 1211.9 Additional entrapment protection. Documents, 7730 Carondelet Ave., Suite representative points across the width (a) A means to manually detach the 470, Clayton, MO 63105, Telephone and height of the door. For this test, a door operator from the door shall be (800) 854–7179.’’. door sensor system and associated supplied. The gripping surface (handle) g. In paragraph (e)(1), second components shall withstand a total of 9 shall be colored red and shall be easily sentence, remove the words ‘‘After cycles of mechanical operation without distinguishable from the rest of the being subjected to this’’ and add, in failure with the force applied as follows: operator. It shall be capable of being their place the words ‘‘As a result of (i) At the center at points one, three, adjusted to a height of 6 feet (1.8 m) the’’. and five feet from the floor, above the garage floor when the operator h. In paragraph (e)(1)(ii), add at the (ii) Within 1 foot of the end of the is installed according to the instructions end thereof and before the period the door, at points one, three, and five feet specified in § 1211.14(a)(2). The means words ‘‘or, if dislodged after the test, is from the floor, shall be constructed so that a hand capable of being restored to its original (iii) Within 1 foot of the other end of firmly gripping it and applying a condition’’. the door at points one, three, and five maximum of 50 pounds (223 N) of force § 1211.12 [Amended] feet from the floor. shall detach the operator with the door (3) The cycles are not required to be obstructed in the down position. The 11. Section 1211.12 is amended as consecutive. Continuous operation of obstructing object, as described in follows: the motor without cooling is not § 1211.7(b), is to be located in several a. In paragraph (c)(2), first sentence, required. different positions. A marking with before the word ‘‘Polymeric’’ add the (b) Adjustment of door weight. (1) instructions for detaching the operator words ‘‘Safety for’’. With the door at the point and at the shall be provided as required by b. In paragraph (c)(2), first sentence, weight determined by the tests of § 1211.15(i). remove the words ‘‘3rd ed., dated July paragraphs (a)(2) and (b)(2) of this (b) A means to manually detach the 1, 1991’’ and add in their place ‘‘4th ed., section to be the most severe, the door door operator from the door is not dated December 27, 1995’’. sensor and associated components shall required for a door operator that is not c. In paragraph (c)(2), second withstand 50 cycles of operation directly attached to the door and that sentence, insert ‘‘5’’ before ‘‘U.S.C.’’. without failure. controls movement of the door so that: d. In paragraph (c)(2), third sentence, (2) At the point determined by the test (1) The door is capable of being remove the words ‘‘Underwriters in paragraphs (a)(1) and (a)(2) of this moved open from any position other Laboratories, Inc. 333 Pfingsten Road, section to be the most severe, weight is than the last (closing) 2 inches (50.8 Northbrook, Ill. 60062–2096’’ and add, to be added to the door in 5.0 pound mm) of travel, and in their place ‘‘Global Engineering (2.26 Kg) increments and the test (2) The door is capable of being Documents, 15 Inverness Way East, repeated until a total of 15.0 pounds moved to the 2-inch point from any Englewood, CO 80112, Telephone (800) (66.72 N) has been added to the door. position between closed and the 2-inch 854–7179 or Global Engineering Before performing each test cycle, the point. Documents, 7730 Carondelet Ave., Suite door is to be cycled 2 times to update 470, Clayton, MO 63105, Telephone * * * * * the profile. Similarly, starting from (800) 854–7179.’’. normal weight plus 15.0 pounds, the § 1211.10 [Amended] §§ 1211.13±1211.16 [Redesignated as test is to be repeated by subtracting 10. Section 1211.10 is amended as §§ 1211.14±1211.17] weight in 5.0 pound increments until a total of 15.0 pounds has been subtracted follows: 12. Redesignate §§ 1211.13 through from the door. a. In the first sentence of paragraph 1211.16 as §§ 1211.14 through 1211.17, (a)(3), after the word ‘‘minimum’’ add respectively, and add a new § 1211.13 to § 1211.14 [Amended] the words ‘‘and maximum’’; at the read as follows: beginning of the second sentence add 13. Newly designated § 1211.14 is the words ‘‘For doors,’’ and revise the § 1211.13 Inherent force activated amended as follows: word ‘‘If’’ to ‘‘if’’. secondary door sensors. a. In paragraph (a)(4), third sentence, b. In the first sentence of paragraph (a) Normal operation test. (1) A force remove the word ‘‘that’’ and add in its (c)(2) revise the phrase ‘‘An external activated door sensor of a door system place ‘‘than’’. entrapment protection device is’’ to read installed according to the installation b. In paragraph (b)(1) remove the ‘‘External entrapment protection devices instructions shall actuate when the door initial word ‘‘If’’ (in paragraph 4 of the are’’. applies a 15 pound (66.7 N) or less force installation instructions) and add, in its c. In paragraph (d), first sentence, in the down or closing direction and place ‘‘Where’’; remove the word before the word ‘‘Polymeric’’ add the when the door applies a 25 pound ‘‘Mount’’ and add, in its place ‘‘For words ‘‘Safety for’’. (111.2 N) or less force in the up or products requiring an emergency d. In paragraphs (d) and (e)(2), remove opening direction. For a force activated release, mount’’. the words ‘‘3rd ed., dated July 1, 1991’’ door sensor intended to be used in an c. In paragraph (b)(2), in the second and add, in their place ‘‘4th ed., dated operator intended for use only on a sentence of paragraph 4 of the safety December 27, 1995’’. sectional door, the force is to be applied instructions, remove the number ‘‘1’’ e. In paragraph (d), second sentence, by the door against the longitudinal and add in its place the number ‘‘11⁄2’’. insert ‘‘5 ’’ before ‘‘U.S.C.’’ edge of a 17⁄8 (47.6 mm) diameter d. In paragraph (b)(2) before the initial f. In paragraph (d), third sentence, cylinder placed across the door so that word ‘‘If’’ (in paragraph 5 of the safety remove the words ‘‘Underwriters the axis is perpendicular to the plane of instructions), add ‘‘For products Laboratories, Inc. 333 Pfingsten Road, the door. See Figure 6 of this part. The requiring an emergency release,’’ and Northbrook, Ill. 60062–2096’’ and add, weight of the door is to be equal to the revise the word ‘‘If’’ to ‘‘if’’. in their place ‘‘Global Engineering maximum weight rating of the operator. Documents, 15 Inverness Way East, (2) The test described in paragraph § 1211.15 [Amended] Englewood, CO 80112, Telephone (800) (a)(1) of this section is to be repeated 14. Newly designated § 1211.15 is 854–7179 or Global Engineering and measurements made at various amended as follows:

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a. In paragraph (g)(1) remove the FOR FURTHER INFORMATION CONTACT: (address above) between 9 a.m. and 4 words ‘‘A child may become’’ and add, Robert L. Martin, Center for Food Safety p.m., Monday through Friday. in their place ‘‘There is a risk of a child and Applied Nutrition (HFS–215), Food This final rule contains no collection becoming’’. and Drug Administration, 200 C St. SW., of information. Therefore, clearance by b. In paragraph (g)(2)(iv) remove the Washington, DC 20204–0001, 202–418– the Office of Management and Budget first word ‘‘If’’ and add, in its place ‘‘In 3074. under the Paperwork Reduction Act of the event’’. SUPPLEMENTARY INFORMATION: In a notice 1995 is not required. c. In paragraph (g)(2)(iv) add a second published in the Federal Register of Any person who will be adversely sentence to read ‘‘For products not June 13, 2000 (65 FR 37155), FDA affected by this regulation may at any having an emergency release use instead announced that a food additive petition time file with the Dockets Management ‘In the event a person is trapped under (FAP 0A4720) had been filed by Ecolab Branch (address above) written the door, push the control button’ ’’. Inc., Ecolab Center, 370 Wabasha St., St. objections by December 27, 2000. Each d. In paragraph (g)(3)(i) in the second Paul, MN 55102. The petition proposed objection shall be separately numbered, sentence, remove the word ‘‘If’’ and add to amend the food additive regulations and each numbered objection shall it its place ‘‘In the event’’. in part 173 (21 CFR part 173) to provide specify with particularity the provisions e. In paragraph (i) remove the initial for the safe use of a mixture of of the regulation to which objection is word ‘‘A’’ and add, in its place ‘‘Except peroxyacetic acid, octanoic acid, acetic made and the grounds for the objection. for door operators complying with acid, hydrogen peroxide, Each numbered objection on which a § 1211.9(b), a’’. peroxyoctanoic acid, and 1- hearing is requested shall specifically so Dated: November 20, 2000. hydroxyethylidene-1,1-diphosphonic state. Failure to request a hearing for Sadye E. Dunn, acid as an antimicrobial agent on red any particular objection shall constitute Secretary, Consumer Product Safety meat carcasses. a waiver of the right to a hearing on that Commission. FDA has evaluated data in the objection. Each numbered objection for [FR Doc. 00–30041 Filed 11–24–00; 8:45 am] petition and other relevant material. which a hearing is requested shall include a detailed description and BILLING CODE 6335±01±P Based on this information, the agency concludes that the proposed use of the analysis of the specific factual additive is safe and the additive will information intended to be presented in support of the objection in the event DEPARTMENT OF HEALTH AND achieve its intended technical effect as that a hearing is held. Failure to include HUMAN SERVICES an antimicrobial agent on red meat carcasses. The agency also concludes such a description and analysis for any Food and Drug Administration that the regulation approving the particular objection shall constitute a additive should be entitled waiver of the right to a hearing on the 21 CFR Part 173 ‘‘Peroxyacids.’’ Reaction of hydrogen objection. Three copies of all documents peroxide with acetic acid and octanoic are to be submitted and are to be [Docket No. 00F±1332] acid results in partial conversion to identified with the docket number found in brackets in the heading of this Secondary Direct Food Additives peroxyacetic acid and peroxyoctanoic acid, respectively. Therefore, part 173 is document. Any objections received in Permitted in Food for Human response to the regulation may be seen Consumption amended as set forth below. In accordance with § 171.1(h) (21 CFR in the Dockets Management Branch AGENCY: Food and Drug Administration, 171.1(h)), the petition and the between 9 a.m. and 4 p.m., Monday HHS. documents that FDA considered and through Friday. ACTION: Final rule. relied upon in reaching its decision to List of Subjects in 21 CFR Part 173 approve the petition are available for Food additives, Incorporation by SUMMARY: The Food and Drug inspection at the Center for Food Safety reference. Administration (FDA) is amending the and Applied Nutrition by appointment food additive regulations to provide for with the contact person listed above. As Therefore, under the Federal Food, the safe use of a mixture of peroxyacetic provided in § 171.1(h), the agency will Drug, and Cosmetic Act and under acid, octanoic acid, acetic acid, delete from the documents any authority delegated to the Commissioner hydrogen peroxide, peroxyoctanoic materials that are not available for of Food and Drugs and redelegated to acid, and 1-hydroxyethylidene-1,1- public disclosure before making the the Director, Center for Food Safety and diphosphonic acid as an antimicrobial documents available for inspection. Applied Nutrition, 21 CFR part 173 is agent on red meat carcasses. This action In the notice of filing, FDA gave amended as follows: is in response to a petition filed by interested parties an opportunity to PART 173ÐSECONDARY DIRECT Ecolab, Inc. submit comments on the petitioner’s FOOD ADDITIVES PERMITTED IN DATES: This rule is effective November environmental assessment. FDA FOOD FOR HUMAN CONSUMPTION 27, 2000. Submit written objections and received no comments in response to requests for a hearing by December 27, that notice. 1. The authority citation for 21 CFR 2000. The Director of the Office of the The agency has carefully considered part 173 continues to read as follows: Federal Register approves the the potential environmental effects of Authority: 21 U.S.C. 321, 342, 348. incorporation by reference in this action. FDA has concluded that the 2. Section 173.370 is added to subpart accordance with 5 U.S.C. 552(a) and 1 action will not have a significant impact D to read as follows: CFR part 51 of certain publications in 21 on the human environment, and that an CFR 173.370, as of November 27, 2000. environmental impact statement is not § 173.370 Peroxyacids. ADDRESSES: Submit written objections to required. The agency’s finding of no Peroxyacids may be safely used in the Dockets Management Branch (HFA– significant impact and the evidence accordance with the following 305), Food and Drug Administration, supporting that finding, contained in an prescribed conditions: 5630 Fishers Lane, rm. 1061, Rockville, environmental assessment, may be seen (a) The additive is a mixture of MD 20852. in the Dockets Management Branch peroxyacetic acid, octanoic acid, acetic

VerDate 112000 18:11 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\27NOR1.SGM pfrm02 PsN: 27NOR1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations 70661 acid, hydrogen peroxide, FOR FURTHER INFORMATION CONTACT: redesignating paragraph (c) as paragraph peroxyoctanoic acid, and 1- Lonnie W. Luther, Center for Veterinary (d), and by adding new paragraph (c) to hydroxyethylidene-1,1-diphosphonic Medicine (HFV–102), Food and Drug read as follows. acid. Administration, 7500 Standish Pl., (b) The additive is used as an Rockville, MD 20855, 301–827–0209. § 520.1192 Ivermectin paste. antimicrobial agent on red meat SUPPLEMENTARY INFORMATION: Phoenix (a) Specifications. Each milligram of carcasses in accordance with current Scientific, Inc., 3915 South 48th Street paste contains 0.0187 milligram (1.87 industry practice where the maximum Terrace, P.O. Box 6457, St. Joseph, MO percent) or 0.00153 milligram (0.153 concentration of peroxyacids is 220 64506–0457, filed ANADA 200–286 that percent) of ivermectin. parts per million (ppm) as peroxyacetic provides for use of PHOENECTINTM (b) Sponsors. See sponsor numbers in acid and the maximum concentration of (ivermectin) Paste 1.87%. The ANADA § 510.600(c) of this chapter, as follows: (1) No. 050604 for use of a 1.87 hydrogen peroxide is 75 ppm. provides for oral use of ivermectin paste percent paste as in paragraph (d)(1) of (c) The concentrations of peroxyacids for the treatment and control of various this section and a 0.153 percent paste as and hydrogen peroxide in the additive species of harmful gastrointestinal in paragraph (d)(2) of this section. are determined by a method entitled parasites in horses. The ANADA is (2) No. 059130 for use of a 1.87 ‘‘Hydrogen Peroxide and Peracid (as approved as a generic copy of Merial percent paste as in paragraph (d)(1) of Peracetic Acid) Content,’’ dated July 26, Ltd.’s NADA 134–314 for EQVALAN this section. 2000, developed by Ecolab, Inc., which (ivermectin) Paste for Horses. ANADA (c) Related tolerances. See § 556.344 is incorporated by reference. The 200–286 is approved as of September of this chapter. Director of the Office of the Federal 20, 2000, and the regulations are Register approves this incorporation by amended in 21 CFR 520.1192 to reflect * * * * * reference in accordance with 5 U.S.C. the approval. The basis for approval is Dated: October 16, 2000. 552(a) and 1 CFR part 51. You may discussed in the freedom of information Stephen S. Sundlof, obtain copies of this method from the summary. Director, Center for Veterinary Medicine. Division of Petition Control (HFS–215), In accordance with the freedom of [FR Doc. 00–30048 Filed 11–24–00; 8:45 am] Center for Food Safety and Applied information provisions of 21 CFR part BILLING CODE 4160±01±F Nutrition, Food and Drug 20 and 514.11(e)(2)(ii), a summary of Administration, 200 C St. SW., safety and effectiveness data and Washington, DC 20204–0001, or you information submitted to support DEPARTMENT OF HEALTH AND may examine a copy at the Center for approval of this application may be seen HUMAN SERVICES Food Safety and Applied Nutrition’s in the Dockets Management Branch Library, 200 C St. SW., rm. 3321, (HFA–305), Food and Drug Food and Drug Administration Washington, DC, or at the Office of the Administration, 5630 Fishers Lane, rm. Federal Register, 800 North Capitol St. 1061, Rockville, MD 20852, between 9 21 CFR Part 520 NW., suite 700, Washington, DC. a.m. and 4 p.m., Monday through Dated: November 14, 2000. Friday. Oral Dosage Form New Animal Drugs; L. Robert Lake, The agency has determined under 21 Nitenpyram Tablets CFR 25.33(a)(1) that this action is of a Director of Regulations Policy, Center for AGENCY: Food and Drug Administration, type that does not individually or Food Safety and Applied Nutrition. HHS. [FR Doc. 00–30050 Filed 11–24–00; 8:45 am] cumulatively have a significant effect on ACTION: Final rule. BILLING CODE 4160±01±F the human environment. Therefore, neither an environmental assessment SUMMARY: The Food and Drug nor an environmental impact statement Administration (FDA) is amending the DEPARTMENT OF HEALTH AND is required. animal drug regulations to reflect HUMAN SERVICES This rule does not meet the definition approval of a new animal drug of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because application (NADA) filed by Novartis Food and Drug Administration it is a rule of ‘‘particular applicability.’’ Animal Health US, Inc. The NADA Therefore, it is not subject to the provides for the oral use of nitenpyram 21 CFR Part 520 congressional review requirements in 5 tablets for the treatment of flea U.S.C. 801–808. Oral Dosage Form New Animal Drugs; infestations in dogs, puppies, cats, and Ivermectin Paste List of Subjects in 21 CFR Part 520 kittens that are 4 weeks of age and older and 2 pounds (lb) of body weight or Animal drugs. AGENCY: Food and Drug Administration, greater. HHS. Therefore, under the Federal Food, DATES: This rule is effective November ACTION: Final rule. Drug, and Cosmetic Act and under authority delegated to the Commissioner 27, 2000. SUMMARY: The Food and Drug of Food and Drugs and redelegated to FOR FURTHER INFORMATION CONTACT: Administration (FDA) is amending the the Center for Veterinary Medicine, 21 Melanie R. Berson, Center for Veterinary animal drug regulations to reflect CFR part 520 is amended as follows: Medicine (HFV–110), Food and Drug approval of an abbreviated new animal Administration, 7500 Standish Pl., drug application (ANADA) filed by PART 520ÐORAL DOSAGE FORM Rockville, MD 20855, 301–827–7540. Phoenix Scientific, Inc. The ANADA NEW ANIMAL DRUGS SUPPLEMENTARY INFORMATION: Novartis provides for use of ivermectin oral paste 1. The authority citation for 21 CFR Animal Health US, Inc., 3200 Northline for the treatment and control of various part 520 continues to read as follows: Ave., suite 300, Greensboro, NC 27408, species of harmful gastrointestinal filed NADA 141–175 that provides for parasites in horses. Authority: 21 U.S.C. 360b. the over-the-counter use of CAPSTARTM DATES: This rule is effective November 2. Section 520.1192 is amended by (nitenpyram) tablets for the oral 27, 2000. revising paragraphs (a) and (b), by treatment of flea infestations on dogs,

VerDate 112000 18:11 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\27NOR1.SGM pfrm02 PsN: 27NOR1 70662 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations puppies, cats, and kittens that are 4 (b) Sponsor. See No. 058198 in heifers) for increased rate of weight weeks of age and older and 2 lb of body § 510.600(c) of this chapter. gain. The supplemental application is weight or greater. The NADA is (c) [Reserved] approved as of September 18, 2000, and approved as of October 20, 2000, and (d) Conditions of use—Dogs and the regulations are amended in 21 CFR the regulations are amended in part 520 cats—(1) Amount. One tablet given 522.2477 to reflect the approval. The (21 CFR part 520) by adding § 520.1510 orally, as needed. basis of approval is discussed in the to reflect the approval. The basis of (2) Indications for use. For the freedom of information summary. approval is discussed in the freedom of treatment of flea infestations on dogs, In accordance with the freedom of information summary. puppies, cats, and kittens 4 weeks of age information provisions of 21 CFR part In accordance with the freedom of and older and 2 pounds of body weight 20 and 514.11(e)(2)(ii), a summary of information provisions of 21 CFR part or greater. safety and effectiveness data and information submitted to support 20 and 514.11(e)(2)(ii), a summary of Dated: November 8, 2000. approval of this application may be seen safety and effectiveness data and Stephen F. Sundlof, information submitted to support in the Dockets Management Branch Director, Center for Veterinary Medicine. approval of this application may be seen (HFA–305), Food and Drug in the Dockets Management Branch [FR Doc. 00–30047 Filed 11–24–00; 8:45 am] Administration, 5630 Fishers Lane, rm. (HFA–305), Food and Drug BILLING CODE 4160±01±F 1061, Rockville, MD 20852, between 9 Administration, 5630 Fishers Lane, rm. a.m. and 4 p.m., Monday through 1061, Rockville, MD 20852, between 9 Friday. DEPARTMENT OF HEALTH AND Under section 512(c)(2)(F)(iii) of the a.m. and 4 p.m., Monday through HUMAN SERVICES Friday. Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(iii)), this Under section 512(c)(2)(F)(i) of the Food and Drug Administration Federal Food, Drug, and Cosmetic Act approval for food-producing animals qualifies for 3 years of marketing (the act) (21 U.S.C. 360b(c)(2)(F)(i)), this 21 CFR Part 522 approval qualifies for 5 years of exclusivity beginning September 18, marketing exclusivity beginning October Implantation or Injectable Dosage 2000, because the application contains 20, 2000, because no active ingredient Form New Animal Drugs; Trenbolone substantial evidence of the effectiveness (including any ester or salt of the drug) and Estradiol of the drug involved, any studies of has been previously approved in any animal safety or, in the case of food- other application filed under section AGENCY: Food and Drug Administration, producing animals, human food safety 512(b)(1) of the act. HHS. studies (other than bioequivalence or The agency has determined under 21 ACTION: Final rule. residue studies) required for the CFR 25.33(d)(1) that this action is of a approval and conducted or sponsored SUMMARY: The Food and Drug type that does not individually or by the applicant. The 3 years of Administration (FDA) is amending the cumulatively have a significant effect on marketing exclusivity applies only to animal drug regulations to reflect the human environment. Therefore, the addition of tylosin tartrate to the approval of a supplemental abbreviated neither an environmental assessment implant for which the supplemental new animal drug application (ANADA) nor an environmental impact statement application was approved. filed by Ivy Laboratories, Inc. The The agency has determined under 21 is required. supplemental ANADA provides for CFR 25.33(a)(1) that this action is of a This rule does not meet the definition adding tylosin tartrate as a local type that does not individually or of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because antibacterial to an approved cumulatively have a significant effect on it is a rule of ‘‘particular applicability.’’ subcutaneous cattle ear implant the human environment. Therefore, Therefore, it is not subject to the containing trenbolone and estradiol neither an environmental assessment congressional review requirements in 5 used in pasture cattle for increased rate nor an environmental impact statement U.S.C. 801–808. of weight gain. is required. List of Subjects in 21 CFR Part 520 DATES: This regulation is effective This rule does not meet the definition of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Animal drugs. November 27, 2000. it is a rule of ‘‘particular applicability.’’ FOR FURTHER INFORMATION CONTACT: Therefore, under the Federal Food, Therefore, it is not subject to the Daniel A. Benz, Center for Veterinary Drug, and Cosmetic Act and under congressional review requirements in 5 Medicine (HFV–126), Food and Drug authority delegated to the Commissioner U.S.C. 801–808. of Food and Drugs and redelegated to Administration, 7500 Standish Pl., the Center for Veterinary Medicine, 21 Rockville, MD 20855, 301–827–0223. List of Subjects in 21 CFR Part 522 CFR part 520 is amended as follows: SUPPLEMENTARY INFORMATION: Ivy Animal drugs. Laboratories, Inc., 8857 Bond St., Therefore, under the Federal Food, PART 520ÐORAL DOSAGE FORM Overland Park, KS 66214, filed NEW ANIMAL DRUGS Drug, and Cosmetic Act and under supplemental ANADA 200–221 for authority delegated to the Commissioner COMPONENT TE–G (trenbolone 1. The authority citation for 21 CFR of Food and Drugs and redelegated to acetate/estradiol) with Tylan, a part 520 continues to read as follows: the Center for Veterinary Medicine, 21 subcutaneous ear implant containing 40 CFR part 522 is amended as follows: Authority: 21 U.S.C. 360b. of milligrams (mg) trenbolone acetate 2. Section 520.1510 is added to read and 8 mg of estradiol, in 2 pellets, each PART 522ÐIMPLANTATION OR as follows: pellet containing 20 mg of trenbolone INJECTABLE DOSAGE FORM NEW acetate and 4 mg of estradiol, and an ANIMAL DRUGS § 520.1510 Nitenpyram. additional pellet containing 29 mg of (a) Specifications. Each tablet tylosin tartrate as a local antibacterial. 1. The authority citation for 21 CFR contains 11.4 or 57 milligrams of The implants are used in pasture cattle part 522 continues to read as follows: nitenpyram. (slaughter, stocker, and feeder steers and Authority: 21 U.S.C. 360b.

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2. Section 522.2477 is amended in the that the guidelines will have in apply. Confusion was, in all likelihood, first sentence of paragraph (b) by individual cases, and to facilitate caused by the Commission having removing ‘‘(d)(3)’’ and by adding in its successful release planning in advance published alternative options of the place ‘‘(d)(3)(i)(A), (d)(3)(ii), and of parole. proposal for public comment. The (d)(3)(iii)’’; in the second sentence of EFFECTIVE DATE: January 2, 2001. Commission believes that the version paragraph (b) by removing ‘‘(d)(3)’’ and FOR FURTHER INFORMATION CONTACT: adopted herein (Option 2, modified by by adding in its place ‘‘(d)(3)(i)(A), Office of General Counsel, U.S. Parole increasing the credit for superior (d)(3)(i)(B), (d)(3)(ii), and (d)(3)(iii)’’; Commission, 5550 Friendship Blvd., program achievement from 25 percent to and by revising paragraph (d)(3)(i) to Chevy Chase, Maryland 20815, 331⁄3 percent) is straightforward and will read as follows: telephone (301) 492–5959. Questions be readily understood by prisoners and their representatives. § 522.2477 Trenbolone acetate and about this publication are welcome, but estradiol. public inquiries concerning individual Summary of the Final Rule cases cannot be answered. * * * * * SUPPLEMENTARY INFORMATION: The The revised version of § 2.80 (d) * * * eliminates the Total Point Score from (3) * * * Commission has voted to revise 28 CFR 2.80 so as to make the guidelines for the Point Assignment Table (i.e., the (i) Amount. (A) 40 mg trenbolone system of adding or subtracting points acetate and 8 mg estradiol (one implant D.C. Code offenders more understandable to inmates and the for post-incarceration factors), and consisting of 2 pellets, each pellet eliminates the system of determining at containing 20 mg trenbolone acetate and public, fairer and easier to administer. The revised rule will (1) enhance the each hearing (based on the Total Point 4 mg estradiol) per implant dose. Score) whether the inmate qualifies for (B) 40 mg trenbolone acetate and 8 mg ability of inmates and the public, parole at that time. It substitutes the estradiol (one implant consisting of 3 including victims of crime, to following decisionmaking procedure. pellets, each of 2 pellets containing 20 understand the guidelines and their Under Step 1, a Base Guideline Range mg trenbolone acetate and 4 mg impact in individual cases by allowing is determined from the Base Point estradiol, and 1 pellet containing 29 mg each inmate’s Base Point Score to Score. There is no change from the Base tylosin tartrate) per implant dose. determine an overall guideline range Point Score used in § 2.80. The time * * * * * showing the total time the inmate is expected to serve before release on expected for the inmate to qualify for Dated: October 11, 2000. parole; (2) provide more information to parole (assuming no disciplinary Claire M. Lathers, inmates as to their actual expected infractions and ordinary program 1 Director, Office of New Animal Drug release dates by authorizing achievement) is simply made explicit. Evaluation, Center for Veterinary Medicine. presumptive release dates up to 36 Under Step 2, the Parole Eligibility Date [FR Doc. 00–30049 Filed 11–24–00; 8:45 am] months from the date of the most recent is recorded. Under Step 3, a BILLING CODE 4160±01±F parole hearing (contingent upon good Disciplinary Guideline Range is conduct and development of an determined (if there are any disciplinary adequate release plan); (3) facilitate infractions) based on the time ranges DEPARTMENT OF JUSTICE release planning by setting such prescribed at § 2.36. Under Step 4, a presumptive release dates; (4) eliminate Superior Program Achievement Award Parole Commission anomalies in the current system that (if superior program achievement is disadvantage inmates whose rehearings found) is determined. The Superior 28 CFR Part 2 are delayed through no fault of their Program Achievement Award is based own or who are encouraged by staff to on the number of months of superior Paroling, Recommitting, and waive parole reconsideration until they program achievement on the inmate’s Supervising Federal Prisoners: complete institutional programs; and (5) prison record (i.e., program achievement Prisoners Serving Sentences Under reduce the maximum allowable time that would have qualified for a two- the District of Columbia Code between parole consideration hearings point deduction under the current system that this rule will replace). AGENCY: United States Parole from five years to three years (except for Under Step 5, Base Point Guideline Commission, Justice. an offense in which death results and Range, Parole Eligibility Date, ACTION: Final rule. the offender is more than three years below his or her applicable guideline Disciplinary Range, and the Superior SUMMARY: The U.S. Parole Commission range). Moreover, the revised rule Program Achievement Award are is revising the guidelines that govern its contains a presumptive credit for combined, at the initial hearing, into a decisions to grant and deny parole in ‘‘ordinary program achievement,’’ 1 Multiplying (A) the rehearing range in the the case of prisoners serving sentences which currently must be determined on current D.C. guidelines by (B) [the Base Point Score for felony crimes under the District of a case-by-case basis, in the guideline minus 3 points] (the number of rehearings required Columbia Code. The revised guidelines range itself. Hence, inmates will now before parole assuming no disciplinary infractions convert the rehearing ranges into a receive the benefit of having their and ordinary program achievement) produces the Base Point Range. For example, an inmate with a single range indicating the total prison ‘‘ordinary program achievement’’ points Base Point Score of 6 with no disciplinary time that may be served by the inmate, credited in advance. infractions and ordinary program achievement at and authorizes the setting of Public comment was received on this each hearing would have two rehearing range of 18– presumptive release dates up to 36 rule in response to the proposals 24 months each before the guidelines indicated parole. This translates to a guideline range of the months from the date of the parole published at 65 FR 26789 (May 8, 2000). Parole Eligibility Date plus 36–48 months. For most hearing. However, the Point Assignment In general, the comment was favorable cases, the results under the current system lumps Table remains the basis upon which the as to the establishing of presumptive together certain dissimilar cases; for example, under guidelines are determined. The release dates and the general limitation the current system, an offender with a case point score of 5 who has outstanding program Commission is adopting this rule of continuances to 36 months. However, achievement and no disciplinary infractions will change to improve understanding by there were complaints that the proposed serve the same amount of time as an offender with inmates and the public as to the impact rule was difficult to understand and ordinary program achievement.

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Total Guideline Range. This will make for disciplinary infractions or superior exceed the minimum of the applicable clear to the inmate the amount of time program achievement at any previous guideline range and is not more than he or she may expect to serve with hearing, all prisoners sentenced under five years from the month of the last continued good conduct and ordinary the Youth Rehabilitation Act, and all hearing. program achievement. The impact of prisoners given initial hearings prior to (2) Prisoners subject to guidelines at superior program achievement as well August 5, 1998. the appendix to § 2.80. (i) In the case of as disciplinary infractions will also be a prisoner subject to the guidelines at Regulatory Assessment Requirements made clear. Equally importantly, if the appendix to § 2.80, if the release within three years is deemed The U.S. Parole Commission has Commission denies parole, it shall appropriate by the Commission, the determined that this final rule does not establish an appropriate reconsideration inmate can be given a presumptive constitute a significant rule within the date in accordance with the provisions release date (contingent upon continued meaning of Executive Order 12866. The of the appendix to § 2.80. If the good behavior and the development of final rule will not have a significant prisoner’s mandatory release date will a satisfactory release plan). Otherwise, economic impact upon a substantial occur before the reconsideration date the inmate is continued for a rehearing, number of small entities within the deemed appropriate by the Commission normally at 36 months, when the meaning of the Regulatory Flexibility pursuant to the appendix to § 2.80, the granting of a presumptive release date Act, 5 U.S.C. 605(b), and is deemed by Commission may order that the prisoner will again be considered. At each the Commission to be a rule of agency be released by the expiration of his rehearing, the Total Guideline Range practice that does not substantially sentence less good time (‘‘continue to from the previous hearing is used as the affect the rights or obligations of non- expiration’’). starting point and is modified by adding agency parties pursuant to section (ii) The first reconsideration date shall the amount, if any, from Step 3 (based 804(3)(C) of the Congressional Review be calculated from the prisoner’s on conduct since the last hearing) and Act. eligibility date, except that in the case subtracting the amount, if any, from List of Subjects in 28 CFR Part 2 of a youth offender or any prisoner who Step 4 (based on conduct since the last has waived the initial hearing, the first hearing). The result is the Total Administrative practice and reconsideration date shall be calculated Guideline Range to be used at the procedure, Prisoners, Probation and from the date the initial hearing is held. rehearing. parole. In all cases, any subsequent In the Commission’s opinion, The Amendments reconsideration date shall be calculated presumptive release dates allow inmates from the date of the last hearing. In the Accordingly, the U.S. Parole to plan for their release, and have case of a waiver or substantial delay in proved a strong incentive for continued Commission is adopting the following holding the initial hearing, the good conduct. Additionally, with amendments to 28 CFR part 2. Commission may conduct a combined presumptive release dates, the final initial hearing and such rehearings nunc review nine months before release (to PART 2Ð[AMENDED] pro tunc as would otherwise have been ensure that the inmate has continued 1. The authority citation for 28 CFR held during the delay. good conduct and to consider any part 2 continues to read as follows: (iii) Notwithstanding the provisions of additional outstanding program achievement) can be conducted on the Authority: 18 U.S.C. 4203(a)(1) and paragraph (a)(2)(i) of this section, the record rather by personal hearing. This 4204(a)(6). Commission shall not set a reconsideration date in excess of five is administratively more efficient and 2. Section 2.75 is revised to read as years from the date of the prisoner’s last reduces the possibility of delay in follows: scheduling the final hearing (such as hearing, nor shall the Commission delays caused by the transfer of inmates § 2.75 Reconsideration proceedings. continue a prisoner to the expiration of between facilities) that may adversely (a)(1) Prisoners subject to guidelines his or her sentence, if more than five impact the actual release date. Only if at § 2.80. (i) In the case of a prisoner years remains from the date of the last serious institutional misconduct is subject to the guidelines at § 2.80, the hearing until the prisoner’s scheduled found at this record review would an in- Commission may, following an initial or mandatory release. person rehearing be ordered by the subsequent hearing: (b) When a rehearing is scheduled, the Commission. (A) Set an effective parole date within prisoner shall be given a rehearing nine months of the date of the hearing; during the month specified by the Implementation (B) Set a presumptive parole date at Commission, or on the docket of This revision of 28 CFR 2.80 will be least ten months but not more than three hearings immediately preceding that applied prospectively to all D.C. Code years from the date of the hearing; month if no docket of hearings is adult prisoners who receive their initial (C) Continue the prisoner to the scheduled for the month specified. hearings on or after December 4, 2000. expiration of sentence if the prisoner’s (c) At a reconsideration hearing, the It will also be applied retroactively at mandatory release date is within three Commission may take any action that it the next scheduled rehearing (e.g., to years of the date of the hearing; or could take at an initial hearing. The permit the setting of a presumptive (D) Schedule a reconsideration scheduling of a reconsideration hearing release date) to all D.C. Code adult hearing at three years from the month of does not imply that parole will be prisoners previously heard under § 2.80 the hearing. granted at such hearing. who have received no positive or (ii) Exception: If the prisoner’s current (d) Prior to a parole reconsideration negative points for disciplinary offense behavior resulted in the death of hearing, the Commission shall review infractions or for superior program a victim and the prisoner is more than the prisoner’s record, including an achievement at any hearing. The current three years below the minimum of the institutional progress report which shall version of § 2.80 will appear in an applicable guideline range at the time of be submitted 60 days prior to the appendix to § 2.80 and will continue to the hearing, the Commission may, in its hearing. Based on its review of the be applicable to all prisoners previously discretion, schedule a reconsideration record, the Commission may grant an heard under § 2.80 who received points hearing at a later date that does not effective date of parole without

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POINT ASSIGNMENT TABLE

Categories Points

CATEGORY I: RISK OF RECIDIVISM (Salient Factor Score)

10±8 (Very Good Risk) ...... +0 7±6 (Good Risk) ...... +1 5±4 (Fair Risk) ...... +2 3±0 (Poor Risk) ...... +3

CATEGORY II: CURRENT OR PRIOR VIOLENCE (Type of Risk) Note: Use the highest applicable subcategory. If no subcategory is applicable, score = 0.

A. Violence in current offense, and any felony violence in two or more prior offenses ...... +4 B. Violence in current offense, and any felony violence in one prior offense ...... +3 C. Violence in current offense ...... +2 D. No violence in current offense and any felony violence in two or more prior offenses ...... +2 E. Possession of firearm in current offense if current offense is not scored as a crime of violence ...... +2 F. No violence in current offense and any felony violence in one prior offense ...... +1

CATEGORY III: DEATH OF VICTIM OR HIGH LEVEL VIOLENCE Note: Use highest applicable subcategory. If no subcategory is applicable, score = 0. A current offense that involved high level violence must be scored under both Category II (A, B, or C) and under Category III.

A. Current offense was high level or other violence with death of victim resulting ...... +3 B. Current offense involved attempted murder, conspiracy to murder, solicitation to murder, or any willful violence in which the victim survived despite death having been the most probable result at the time the offense was committed +2 C. Current offense involved high level violence (other than the behaviors described above) +1

BASE POINT SCORE (Total of Categories I±III)

(g) Definitions and instructions for (2) High level violence in Category III (iii) Arson of a building in which a application of point assignment table. means any of the following offenses— person other than the offender was (1) Salient factor score means the (i) Murder; present or likely to be present at the salient factor score set forth at § 2.20. (ii) Voluntary manslaughter; time of the offense;

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(iv) Forcible rape or forcible sodomy during, or is used by the offender to on the number of months during which the (first degree sexual abuse); commit, any offense that is not scored prisoner had superior program achievement. (v) Kidnapping, hostage taking, or any under Category II(A-D). Category IIE also (l) Determining the total guideline armed abduction of a victim during a applies when the current offense is range at an initial hearing. At an initial carjacking or other offense; felony unlawful possession of a firearm hearing (vi) Burglary of a residence while and there is no other current offense. (1) Add together the minimum of the armed with any weapon if a victim was Possession for purposes of Category IIE base point guideline range (from in the residence during the offense; includes constructive possession. paragraph (h) of this section), the (vii) Obstruction of justice through (8) Category IIIA applies if the death number of months required by the violence or threats of violence; of a victim is: (viii) Any offense involving sexual prisoner’s parole eligibility date (from (i) Caused by the offender, or (i) of this section), and the minimum of abuse of a person less than sixteen years (ii) Caused by an accomplice and the of age; the guideline range for disciplinary killing was planned or approved by the infractions, if applicable (from (ix) Mayhem, malicious offender in furtherance of a joint disfigurement, or any offense defined as paragraph (j) of this section). Then criminal venture. subtract the award for superior program other violence in paragraph (h) Determining the base guideline achievement, if applicable (from (g)(4) of this section that results in range. Determine the base guideline paragraph (k) of this section). The result serious bodily injury as defined in range for adult prisoners from the is the minimum of the Total Guideline paragraph (g)(3) of this section; following table: (x) Any offense defined as other Range. violence in paragraph (g)(4) of this Base guide- (2) Add together the maximum of the section in which the offender Base point score line range base point guideline range (from intentionally discharged a firearm; (months) paragraph (h) of this section), the (3) Serious bodily injury means bodily number of months required by the injury that involves a substantial risk of 3 or less ...... 0 prisoner’s parole eligibility date (from death, unconsciousness, extreme 4 ...... 12±18 5 ...... 18±24 paragraph (i) of this section), and the physical pain, protracted and obvious 6 ...... 36±48 maximum of the guideline range for disfigurement, or protracted loss or 7 ...... 54±72 disciplinary infractions, if applicable impairment of the function of a bodily 8 ...... 72±96 (from paragraph (j) of this section). Then member, organ, or mental faculty. 9 ...... 110±140 subtract the award for superior program (4) Other violence means any of the 10 ...... 136±172 achievement, if applicable (from following felony offenses that does not paragraph (k) of this section). The result qualify as high level violence (i) Months to parole eligibility. is the maximum of the Total Guideline (i) Robbery; Determine the total number of months Range. (ii) Residential burglary; until parole eligibility. (m) Determining the total guideline (iii) Felony assault; (j) Guideline range for disciplinary range at a reconsideration hearing. At a (iv) Felony offenses involving a threat, infractions. Determine the applicable reconsideration hearing— or risk, of bodily harm; guideline range from § 2.36 for any (1) Add together the minimum of the (v) Felony offenses involving sexual significant disciplinary infractions since Total Guideline Range from the abuse or sexual contact; the beginning of confinement on the previous hearing, and the minimum of (vi) Involuntary manslaughter current offense in the case of an initial (excluding negligent homicide). the guideline range for disciplinary hearing, and since the last hearing in the infractions since the previous hearing, if (5) Attempts, conspiracies, and case of a rehearing. If there are no solicitations shall be scored by reference applicable (from paragraph (j) of this significant disciplinary infractions, this section). Then subtract the award for to the substantive offense that was the step is not applicable. object of the attempt, conspiracy, or superior program achievement, if (k) Guidelines for superior program applicable (from paragraph (k) of this solicitation; except that Category IIIA achievement. If superior program shall apply only if death actually section). The result is the minimum of achievement is found, the award for the Total Guideline Range for the resulted. superior program achievement shall be (6) Current offense means any current hearing. one-third of the number of months (2) Add together the maximum of the criminal behavior that is either: during which the prisoner demonstrated (i) Reflected in the offense of Total Guideline Range from the superior program achievement. The conviction, or previous hearing, and the maximum of (ii) Is not reflected in the offense of award is determined on the basis of all the guideline range for disciplinary conviction but is found by the time in confinement on the current infractions since the previous hearing, if Commission to be related to the offense offense in the case of an initial hearing, applicable (from paragraph (j) of this of conviction (i.e., part of the same and on the basis of time in confinement section). Then subtract the award for course of conduct as the offense of since the last hearing in the case of a superior program achievement since the conviction). In probation violation rehearing. If superior program previous hearing, if applicable (from cases, the current offense includes both achievement is not found, this step is paragraph (k) of this section). The result the original offense and the violation not applicable. is the maximum of the Total Guideline offense, except that the original offense Note: When superior program achievement Range for the current hearing. shall be scored as a prior conviction is found, it is presumed that the award will (n) Decisions outside the guidelines. (with a prior commitment) rather than be based on the total number of months since (1) The Commission may, in unusual the beginning of confinement on the current circumstances, grant or deny parole to a as part of the current offense, if the offense in the case of an initial hearing, or prisoner served more than six months in since the last hearing in the case of a prisoner notwithstanding the prison for the original offense before his rehearing. Where, however, the Commission guidelines. Unusual circumstances are probation commenced determines that the prisoner did not have case-specific factors that are not fully (7) Category IIE applies whenever a superior program achievement during the taken into account in the guidelines, firearm is possessed by the offender entire period, it may base its decision solely and that are relevant to the grant or

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D.C. Board’s guidelines. (b) Guidelines. Apply § 2.80(b). indicate, the Commission shall (3) Factors that may warrant a (c) Salient factor score and criminal record. determine what Base Point Score would decision below the guidelines include, Apply § 2.80(c). more appropriately fit the prisoner’s but are not limited to, the following: (d) Disciplinary infractions. The case, and shall render its initial and (i) Better parole risk than indicated by Commission shall assess whether the rehearing decisions as if the prisoner salient factor score. The offender is a prisoner has been found guilty of committing had that higher Base Point Score. It is better parole risk than indicated by the disciplinary infractions while under to be noted that, in some cases, an salient factor score because of confinement for the current offense. The extreme level of risk presented by the (applicable only to offenders who are Commission shall refer to the offense prisoner may make it inappropriate for not already in the very good risk classification tables of the D.C. Department of the Commission to contemplate a parole category)— Corrections or the Bureau of Prisons, as at any hearing without a significant (A) A prior criminal record resulting applicable, in determining whether the change in the prisoner’s circumstances. exclusively from minor offenses; prisoner’s disciplinary record should be (2) Factors that may warrant a (B) A substantial crime-free period in counted on the point score. A single Class I decision above the guidelines include, the community for which credit is not or Code 100 offense, or two or more Class II but are not limited to, the following: already given on the Salient Factor or Code 200 offenses, shall be counted as (i) Poorer parole risk than indicated negative institutional behavior at an initial Score; hearing or any rehearing. A persistent record by salient factor score. The offender is (C) A change in the availability of a poorer parole risk than indicated by of lesser offenses may also be counted as community resources leading to a better negative institutional behavior at an initial the salient factor score because of— parole prognosis; hearing or a rehearing. At initial hearings, an (A) Unusually persistent failure under (ii) Other factors: infraction-free period of at least three years supervision (pretrial release, probation, (A) Unusually lengthy period of preceding the date of the hearing may be or parole); incarceration on the minimum sentence considered by the Commission as sufficient (B) Unusually persistent history of (in relation to the seriousness of the to exclude from consideration a previous criminally related substance (drug or offense and prior record) that warrants record of Class I (or Code 100) or Class II (or alcohol) abuse and resistance to an initial parole determination as if the Code 200) offenses, provided that such treatment efforts; or offender were being considered at a offenses would result in not more than one (C) Unusually extensive prior record rehearing; point added to the prisoner’s score. (sufficient to make the offender a poorer (B) Substantial period in custody on (e) Program achievement. The Commission risk than the ‘‘poor’’ prognosis other sentence(s) sufficient to warrant a shall assess whether the prisoner has category). demonstrated ordinary or superior finding in paragraph (n)(3) of this (ii) More serious parole risk. The achievement in the area of prison programs, section; or offender is a more serious parole risk industries, or work assignments while under (C) Clearly exceptional program than indicated by the total point score confinement for the current offense. Superior achievement. because of— Program Achievement means program (A) Prior record of violence more Appendix to § 2.80 achievement that is beyond the level that the prisoner might ordinarily be expected to extensive or serious than that taken into (a) Applicability. (1) The guidelines in this accomplish. Where prison programs and account in the guidelines; Appendix apply to: work assignments are limited or unavailable, (B) Current offense demonstrates (i) Any adult offender who received an extraordinary criminal sophistication, initial hearing on or after August 5, 1998 and the Commission may exercise discretion criminal professionalism in the before December 4, 2000, and who also based on the prisoner’s record of behavior. employment of violence or threats of received positive points for disciplinary Points may be deducted for program infractions or negative points for superior achievement regardless of whether points violence, or leadership role in have been added for negative institutional instigating others to commit a serious program achievement at any hearing (initial or rehearing) during the above period; and behavior during the same period. offense; (f) Base Point Score. Add the applicable (C) Unusual cruelty to the victim (ii) Any youth offender who received an initial hearing on or after August 5, 1998. points from Categories I–III of the Point (beyond that accounted for by scoring (2) For prisoners whose initial hearings Assignment Table in § 2.80 (f) to determine the offense as high level violence), or were held prior to August 5, 1998, the the Base Point Score (using the definitions in predation upon extremely vulnerable Commission shall render its decisions by § 2.80(g)). victim; reference to the guidelines applied by the (g) Negative institutional behavior. (D) Unusual propensity to inflict D.C. Board of Parole. However, when a Determine the points applicable, if any, for unprovoked and potentially homicidal decision outside such guidelines has been negative institutional behavior (Category IV).

CATEGORY IV: NEGATIVE INSTITUTIONAL BEHAVIOR Notes: (1) Use the highest applicable subcategory. If no subcategory is applicable, score = 0. (2) In some cases, negative institutional behavior that involves violence will result in a higher score if scored as an additional current offense under Categories II and/or III, than if scored under Category IVA. In such cases, the prisoner’s point score is recalculated to reflect the conduct as an additional current offense under Categories II and/or III, rather than as a disciplinary infraction under Category IVA. For example, the attempted murder of another inmate will result in a higher score when treated as an additional current offense under Categories II and III, if the offense of conviction was scored under Category IIC only as violence in current offense. If negative institutional behavior is treated as an additional current offense, points may nonetheless be assessed under Category IVA or B for other disciplinary infractions.

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A. Aggravated negative institutional behavior involving: (1) assault upon a correctional staff member, with bodily harm inflicted or threatened, (2) possession of a deadly weapon, (3) setting a fire so as to risk human life, (4) introduction of drugs for pur- poses of distribution, or (5) participating in a violent demonstration or riot ...... +2 B. Ordinary negative institutional behavior ...... +1 (h) Superior program achievement. Determine the (minus) points applicable, if any, for superior or ordinary program achievement (Category V). CATEGORY V: PROGRAM ACHIEVEMENT Note: Use the highest applicable subcategory. If no subcategory is applicable, score = 0.

A. No program achievement ...... 0 B. Ordinary program achievement ...... ¥1 C. Superior program achievement ...... ¥2 (i) Determine the Total Point Score by adding the Base Point Score (Categories I, II, and III) to any points applicable for Negative Institutional Behavior (Category IV) and then subtracting any points applicable for Program Achievement (Category V). (j) Guidelines for decisions at initial hearing—adult offenders. In considering whether to parole an adult offender at an initial hearing, the Commission shall determine the offender’s Total Point Score and then consult the following guidelines for the appropriate action:

Total points Guideline recommendation

(1) If Points =0 ...... Parole at initial hearing with low level of supervision indicated. (2) If Points =1 ...... Parole at initial hearing with high level of supervision indicated. (3) If Points =2 ...... Parole at initial hearing with highest level of supervision indicated. (4) If Points =3+ ...... Deny parole at initial hearing and schedule rehearing in accordance with § 2.75(c) and the time ranges set forth in paragraph (l) of this appendix.

(k) Guidelines for decisions at initial hearing—youth offenders. In considering whether to parole a youth offender at an initial hearing, the Commission shall determine the youth offender’s total point score and then consult the following guidelines for the appropriate action:

Total points Guideline recommendation

(1) If Points = 0 ...... Parole at initial hearing with conditions established to address treatment needs. (2) If Points = 1+ ...... Deny parole at initial hearing and schedule a rehearing based on estimated time to achieve program ob- jectives or by reference to the time ranges in paragraph (l) of this Appendix, whichever is less.

(l) Guidelines for time to rehearing— Score, and not by the Total Point Score presumptive date may be converted to a adult offenders. (1) If parole is denied or at the current hearing, which indicates parole effective date following the rescinded, the time to the subsequent only whether parole should be granted rehearing, or the case may be reopened hearing for an adult offender shall be or denied. Exception: In the case of based on new favorable information and determined by the following guidelines: institutional misconduct deemed a parole effective date granted on the insufficiently serious to warrant the record. Base point score Months to addition of one or more points for (Categories I through III) rehearing (m) Guidelines for decisions at negative institutional behavior, the subsequent hearing—adult offenders. In 0±4 ...... 12±18 Commission may nonetheless deny or determining whether to parole an adult 5 ...... 18±24 rescind parole and render a decision offender at a rehearing or rescission 6 ...... 18±24 based on the guideline ranges at § 2.36. hearing, the Commission shall take the 7 ...... 18±24 8 ...... 18±24 (3) At any initial hearing or rehearing, Total Point Score from the initial 9 ...... 22±28 if the prisoner’s Total Point Score is 4 hearing or last rehearing, as the case 10 ...... 26±32 or less, the Commission may order both may be, and adjust that score according a rehearing date and a presumptive to the institutional record of the (2) The time to a rehearing shall be parole date that is not more than 9 candidate since the last hearing. The determined by the prisoner’s Base Point months from the rehearing date. Such following guidelines are applicable:

Total points Guideline recommendation

If Points = 0±3 ...... Parole with highest level of supervision indicated. If Points = 4+ ...... Deny parole at rehearing and schedule a further rehearing in accordance with § 2.75(c) and the time ranges set forth in paragraph (l) of this appendix.

(n) Guidelines for decisions at subsequent hearing—youth offenders. (1) In determining whether to parole a youth offender appearing at a rehearing or rescission hearing, the Commission shall take the Total Point Score from the initial hearing or last rehearing, as the case may be, and adjust that score according to the institutional record of the candidate since the last hearing. The following guidelines are applicable:

Total points Guideline recommendation

If Points = 0±3 ...... Parole with highest level of supervision indicated.

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Total points Guideline recommendation

If Points = 4+ ...... Deny parole and schedule a rehearing based on estimated time to achieve program objectives or by ref- erence to the time ranges in paragraph (l) of this appendix, whichever is less.

(2) Prison officials may in any case new and significant information FEDERAL COMMUNICATIONS recommend an earlier rehearing date concerning the prisoner, including COMMISSION than ordered by the Commission if the disciplinary infractions. The Commission’s program objectives have Commission may retard a parole date for 47 CFR Part 73 been met. disciplinary infractions (e.g., to permit (o)(1) The Commission may, in the use of graduated sanctions) for up to [DA 00±2562; MM Docket No. 00±151; RM± unusual circumstances, waive the 120 days without a hearing, in addition 9942] Salient Factor Score and the pre- and to any retardation ordered under post-incarceration factors set forth in Radio Broadcasting Services; § 2.83(d). this section to grant or deny parole to Grapeland, TX a prisoner notwithstanding the (c) If a parole effective date is guidelines, or to schedule a rescinded for disciplinary infractions, AGENCY: Federal Communications reconsideration hearing at a time an appropriate sanction shall be Commission. different from that indicated in determined— ACTION: Final rule. paragraph (l) of this appendix. Unusual (1) By reference to § 2.36 in the case circumstances are case-specific factors of a prisoner subject to the guidelines at SUMMARY: This document allots Channel that are not fully taken into account in § 2.80; or 232C3 at Grapeland, Texas, in response the guidelines, and that are relevant to to a petition filed by Grapeland the grant or denial of parole. In such (2) In the case of a prisoner subject to Broadcasting Company. See 65 FR cases, the Commission shall specify in the guidelines at the appendix to § 2.80, 53973, September 6, 2000. The the notice of action the specific factors either by adding the appropriate points coordinates for Channel 232C3 at that it relied on in departing from the for negative institutional behavior to the Grapeland are 31–29–30 NL and 95–28– applicable guideline or guideline range. prisoner’s Total Point Score, or by 41 WL A filing window for Channel For examples of factors that may reference to § 2.36 if the misconduct is 232C3 at Grapeland will not be opened warrant a decision outside the not sufficiently serious to warrant a at this time. Instead, the issue of applicable guideline range, see § 2.80(n). continuance under § 2.80 (k). A Total opening a filing window for this (2) If the prisoner is deemed to be a Point Score of 0–2 shall be adjusted to channel will be addressed by the poorer or more serious risk than the a total point score of 3 prior to adding Commission in a subsequent order. guidelines indicate, the Commission points for negative institutional DATES: Effective December 26, 2000. shall determine what Base Point Score behavior pursuant to the Point FOR FURTHER INFORMATION CONTACT: would more appropriately fit the Assignment Table at § 2.80(f). prisoner’s case, and shall render its Kathleen Scheuerle, Mass Media initial and rehearing decisions as if the (c) After a prisoner has been granted Bureau, (202) 418–2180. prisoner had that higher Base Point a parole effective date, the institution SUPPLEMENTARY INFORMATION: This is a Score. If possible, the factors justifying shall notify the Commission of any summary of the Commission’s Report such a departure shall be fully serious disciplinary infractions and Order, MM Docket No. 00–151, accounted for in the initial continuance, committed by the prisoner prior to the adopted November 1, 2000, and released so that the guidelines can be followed date of actual release. In such case, the November 9, 2000. The full text of this at subsequent hearings. In some cases, prisoner shall not be released until the Commission decision is available for however, an extreme level of risk institution has been advised that no inspection and copying during normal presented by the prisoner may make it change has been made in the business hours in the Commission’s inappropriate for the Commission to Commission’s order granting parole. Reference Center, 445 12th Street, SW., contemplate a parole at any hearing (d) A grant of parole becomes Washington, DC. The complete text of without a significant change in the operative upon the authorized delivery this decision may also be purchased prisoner’s circumstances. of a certificate of parole to the prisoner, from the Commission’s copy 4. Section 2.86 is revised to read as and the signing of that certificate by the contractors, International Transcription follows: prisoner, who thereafter becomes a Services, Inc., 1231 20th Street, NW., § 2.86 Release on parole; rescission for parolee. Washington, DC. 20036, (202) 857–3800, misconduct. facsimile (202) 857–3805. Dated: November 15, 2000. (a) When a parole effective date has List of Subjects in 47 CFR Part 73 been set, actual release on parole on that Michael J. Gaines, date shall be conditioned upon the Chairman, U.S. Parole Commission. Radio broadcasting. individual maintaining a good conduct [FR Doc. 00–29963 Filed 11–24–00; 8:45 am] Part 73 of title 47 of the Code of record in the institution or prerelease BILLING CODE 4410±31±P Federal Regulations is amended as program to which the prisoner has been follows: assigned. (b) The Commission may reconsider PART 73ÐRADIO BROADCAST any grant of parole prior to the SERVICES prisoner’s actual release on parole, and may advance or retard a parole effective 1. The authority citation for part 73 date or rescind a parole date previously continues to read as follows: granted based upon the receipt of any Authority: 47 U.S.C. 154, 303, 334 and 336.

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§ 73.202 [Amended] Company. See 65 FR 53973, September Services, Inc., 1231 20th Street, NW., 2. Section 73.202(b), the Table of FM 6, 2000. The coordinates for Channel Washington, DC. 20036, (202) 857–3800, Allotments under Texas, is amended by 265A at Elkhart are 31–34–07 NL and facsimile (202) 857–3805. 95–41–52 WL. There is a site restriction adding Grapeland, Channel 232C3. List of Subjects in 47 CFR Part 73 12.8 kilometers (8.0 miles) southwest of Federal Communications Commission. the community. A filing window for Radio broadcasting. John A. Karousos, Channel 265A at Elkhart will not be Chief, Allocations Branch, Policy and Rules opened at this time. Instead, the issue of Part 73 of title 47 of the Code of Division, Mass Media Bureau. opening a filing window for this Federal Regulations is amended as [FR Doc. 00–30099 Filed 11–24–00; 8:45 am] channel will be addressed by the follows: BILLING CODE 6712±01±P Commission in a subsequent order. PART 73ÐRADIO BROADCAST DATES: Effective December 26, 2000. SERVICES FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT: COMMISSION Kathleen Scheuerle, Mass Media 1. The authority citation for part 73 Bureau, (202) 418–2180. continues to read as follows: 47 CFR Part 73 SUPPLEMENTARY INFORMATION: This is a Authority: 47 U.S.C. 154, 303, 334 and 336. [DA 00±2562; MM Docket No. 00±152; RM± summary of the Commission’s Report 9943] and Order, MM Docket No. 00–152, § 73.202 [Amended] adopted November 1, 2000, and released 2. Section 73.202(b), the Table of FM Radio Broadcasting Services; Elkhart, November 9, 2000. The full text of this TX Allotments under Texas, is amended by Commission decision is available for adding Elkhart, Channel 265A. AGENCY: inspection and copying during normal Federal Communications Federal Communications Commission. Commission. business hours in the Commission’s John A. Karousos, ACTION: Final rule. Reference Center, 445 12th Street, SW, Washington, DC. The complete text of Chief, Allocations Branch, Policy and Rules SUMMARY: This document allots Channel this decision may also be purchased Division, Mass Media Bureau. 265A at Elkhart, Texas, in response to from the Commission’s copy [FR Doc. 00–30100 Filed 11–24–00; 8:45 am] a petition filed by Elkhart Broadcasting contractors, International Transcription BILLING CODE 6712±01±P

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Proposed Rules Federal Register Vol. 65, No. 228

Monday, November 27, 2000

This section of the FEDERAL REGISTER submitted via fax to (425) 227–1232. • Include justification (e.g., reasons or contains notices to the public of the proposed Comments may also be sent via the data) for each request. issuance of rules and regulations. The Internet using the following address: 9– Comments are specifically invited on purpose of these notices is to give interested anm–[email protected]. the overall regulatory, economic, persons an opportunity to participate in the Comments sent via fax or the Internet environmental, and energy aspects of rule making prior to the adoption of the final the proposed rule. All comments rules. must contain ‘‘Docket No. 2000–NM– 269–AD’’ in the subject line and need submitted will be available, both before not be submitted in triplicate. and after the closing date for comments, DEPARTMENT OF TRANSPORTATION Comments sent via the Internet as in the Rules Docket for examination by attached electronic files must be interested persons. A report Federal Aviation Administration formatted in Microsoft Word 97 for summarizing each FAA-public contact Windows or ASCII text. concerned with the substance of this 14 CFR Part 39 The service information referenced in proposal will be filed in the Rules Docket. [Docket No. 2000±NM±269±AD] the proposed rule may be obtained from Boeing Commercial Aircraft Group, Commenters wishing the FAA to RIN 2120±AA64 Long Beach Division, 3855 Lakewood acknowledge receipt of their comments Boulevard, Long Beach, California submitted in response to this action Airworthiness Directives; McDonnell 90846, Attention: Technical must submit a self-addressed, stamped Douglas Model DC±10 Series Publications Business Administration, postcard on which the following Airplanes, Model MD±10 Series Dept. C1–L51 (2–60). This information statement is made: ‘‘Comments to Airplanes, and Model MD±11 Series Docket Number 2000–NM–269–AD.’’ Airplanes may be examined at the FAA, Transport Airplane Directorate, 1601 Lind The postcard will be date stamped and returned to the commenter. AGENCY: Federal Aviation Avenue, SW., Renton, Washington; or at Administration, DOT. the FAA, Los Angeles Aircraft Availability of NPRMs ACTION: Notice of proposed rulemaking Certification Office, 3960 Paramount Any person may obtain a copy of this (NPRM). Boulevard, Lakewood, California. NPRM by submitting a request to the FOR FURTHER INFORMATION CONTACT: FAA, Transport Airplane Directorate, SUMMARY: This document proposes the adoption of a new airworthiness Albert Lam, Aerospace Engineer, ANM–114, Attention: Rules Docket No. directive (AD) that is applicable to Systems and Equipment Branch, ANM– 2000–NM–269–AD, 1601 Lind Avenue, certain McDonnell Douglas Model DC– 130L, the FAA, Los Angeles Aircraft SW., Renton, Washington 98055–4056. Certification Office, 3960 Paramount 10 series airplanes, Model MD–10 series Discussion Boulevard, Lakewood, California 90712; airplanes, and Model MD–11 series The FAA has received reports that, airplanes. This proposal would require telephone (562) 627–5346; fax (562) 627–5210. during ground operations or when repetitive inspections of the number 1 powered in flight by the air driven SUPPLEMENTARY INFORMATION: and 2 electric motors of the auxiliary generator, the electric motors of the hydraulic pump for electrical resistance, Comments Invited auxiliary hydraulic pump and continuity, mechanical rotation, and associated motor feeder cables failed on Interested persons are invited to associated wiring resistance/voltage; certain McDonnell Douglas Model MD– participate in the making of the and corrective actions, if necessary. This 80, DC–10, MD–10, MD–11, and MD– proposed rule by submitting such action is necessary to prevent various 90–30 series airplanes. These failures written data, views, or arguments as failures of electric motors of the consisted of seized or difficult to turn they may desire. Communications shall auxiliary hydraulic pump and rotor on the pump assembly, burnt and identify the Rules Docket number and associated wiring, which could result in shorted motor feeder cables, and/or be submitted in triplicate to the address fire at the auxiliary hydraulic pump and uncontained internal electric arcing specified above. All communications consequent damage to the adjacent failures with the electric motor. received on or before the closing date electrical equipment and/or structure. Investigation revealed that these failures for comments, specified above, will be This action is intended to address the may be caused by hydraulic fluid considered before taking action on the identified unsafe condition. contamination to the electric motor proposed rule. The proposals contained DATES: Comments must be received by portion of the pump, failed rotor in this action may be changed in light January 11, 2001. bearing, and/or degradation of the of the comments received. ADDRESSES: Submit comments in stator’s encapsulate material. These triplicate to the Federal Aviation Submit comments using the following conditions, if not corrected, could result Administration (FAA), Transport format: in a fire at the auxiliary hydraulic pump • Airplane Directorate, ANM–114, Organize comments issue-by-issue. and consequent damage to the adjacent Attention: Rules Docket No. 2000–NM– For example, discuss a request to electrical equipment and/or structure. 269–AD, 1601 Lind Avenue, SW., change the compliance time and a Renton, Washington 98055–4056. request to change the service bulletin Other Relevant Rulemaking Comments may be inspected at this reference as two separate issues. This proposed AD affects McDonnell location between 9:00 a.m. and 3:00 • For each issue, state what specific Douglas Model DC–10, MD–10, and p.m., Monday through Friday, except change to the proposed AD is being MD–11 series airplanes. The FAA is Federal holidays. Comments may be requested. planning to issue a separate rulemaking

VerDate 112000 17:05 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\27NOP1.SGM pfrm02 PsN: 27NOP1 70672 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Proposed Rules action for McDonnell Douglas Model specifically identified by model in the Flexibility Act. A copy of the draft DC–9–81,–9–82, –9–83, and –9–87 effectivity listing of the subject service regulatory evaluation prepared for this series airplanes (i.e., MD–80 series bulletin; however, they were identified action is contained in the Rules Docket. airplanes); Model MD–88 airplanes; and by manufacturer’s fuselage numbers. A copy of it may be obtained by Model MD–90–30 series airplanes to Therefore, the FAA has included Model contacting the Rules Docket at the address the identified unsafe condition. MD–10–10F and MD–10–30F series location provided under the caption airplanes in the applicability of the ADDRESSES Explanation of Relevant Service . proposed AD. Information List of Subjects in 14 CFR Part 39 The FAA has reviewed and approved Interim Action Air transportation, Aircraft, Aviation McDonnell Douglas Alert Service This is considered to be interim safety, Safety. Bulletin DC10–29A142, Revision 01, action until final action is identified, at The Proposed Amendment dated October 21, 1999 (for Model DC– which time the FAA may consider 10 and MD–10 series airplanes); and further rulemaking. Accordingly, pursuant to the McDonnell Douglas Alert Service authority delegated to me by the Bulletin MD11–29A057, Revision 01, Cost Impact Administrator, the Federal Aviation dated October 21, 1999 (for Model MD– There are approximately 604 Model Administration proposes to amend part 11 series airplanes). These service DC–10, MD–10, and MD–11 series 39 of the Federal Aviation Regulations bulletins describe procedures for airplanes of the affected design in the (14 CFR part 39) as follows: repetitive inspections of the number 1 worldwide fleet. The FAA estimates that and 2 electric motors of the auxiliary 396 airplanes of U.S. registry would be PART 39ÐAIRWORTHINESS hydraulic pump for electrical resistance, affected by this proposed AD, that it DIRECTIVES continuity, mechanical rotation, and would take approximately 1 work hour 1. The authority citation for part 39 associated wiring resistance/voltage; per airplane to accomplish the proposed continues to read as follows: and corrective actions, if necessary. inspection, and that the average labor The corrective actions involve rate is $60 per work hour. Based on Authority: 49 U.S.C. 106(g), 40113, 44701. replacing the auxiliary hydraulic pump these figures, the cost impact of the § 39.13 [Amended] with a serviceable pump, proposed AD on U.S. operators is 2. Section 39.13 is amended by troubleshooting, and repairing the estimated to be $23,760, or $60 per adding the following new airworthiness wiring. airplane, per inspection cycle. directive: The cost impact figure discussed Explanation of Requirements of above is based on assumptions that no McDonnell Douglas: Docket 2000–NM–269– Proposed Rule operator has yet accomplished any of AD. Since an unsafe condition has been Applicability: Model DC–10 and MD–10 the proposed requirements of this AD series airplanes, as listed in McDonnell identified that is likely to exist or action, and that no operator would Douglas Alert Service Bulletin DC10– develop on other products of this same accomplish those actions in the future if 29A142, Revision 01, dated October 21, 1999; type design, the proposed AD would this proposed AD were not adopted. The and Model MD–11 series airplanes, as listed require accomplishment of the actions cost impact figures discussed in AD in McDonnell Douglas Alert Service Bulletin specified in the service bulletins rulemaking actions represent only the MD11–29A057, Revision 01, dated October described previously. time necessary to perform the specific 21, 1999; certificated in any category. actions actually required by the AD. Note 1: This AD applies to each airplane Differences Between the Proposed AD identified in the preceding applicability and One of the Referenced Service These figures typically do not include incidental costs, such as the time provision, regardless of whether it has been Bulletins modified, altered, or repaired in the area required to gain access and close up, subject to the requirements of this AD. For On May 9, 2000, the FAA issued a planning time, or time necessitated by Type Certificate (TC) for McDonnell airplanes that have been modified, altered, or other administrative actions. repaired so that the performance of the Douglas Model MD–10–10F and MD– Regulatory Impact requirements of this AD is affected, the 10–30F series airplanes. Model MD–10 owner/operator must request approval for an series airplanes are Model DC–10 series The regulations proposed herein alternative method of compliance in airplanes that have been modified with would not have a substantial direct accordance with paragraph (e) of this AD. an Advanced cockpit. The auxiliary effect on the States, on the relationship The request should include an assessment of hydraulic systems installed on Model between the national Government and the effect of the modification, alteration, or MD–10–10F and MD–10–30F series the States, or on the distribution of repair on the unsafe condition addressed by airplanes (before or after the this AD; and, if the unsafe condition has not power and responsibilities among the been eliminated, the request should include modifications necessary to meet the various levels of government. Therefore, specific proposed actions to address it. type design of a Model MD–10 series it is determined that this proposal Compliance: Required as indicated, unless airplane) are identical to those auxiliary would not have federalism implications accomplished previously. hydraulic systems on Model DC–10 under Executive Order 13132. To prevent various failures of electric series airplanes listed in the effectivity For the reasons discussed above, I motors of the auxiliary hydraulic pump and listing of McDonnell Douglas Alert certify that this proposed regulation (1) associated wiring, which could result in fire Service Bulletin DC10–29A142. is not a ‘‘significant regulatory action’’ at the auxiliary hydraulic pump and Therefore, all of these airplanes may be under Executive Order 12866; (2) is not consequent damage to the adjacent electrical subject to the same unsafe condition. In a ‘‘significant rule’’ under the DOT equipment and/or structure, accomplish the addition, the manufacturer’s fuselage Regulatory Policies and Procedures (44 following: number and factory serial number are FR 11034, February 26, 1979); and (3) if Inspection not changed during the conversion from promulgated, will not have a significant (a) Do a detailed inspection of the number a Model DC–10 to Model MD–10. The economic impact, positive or negative, 1 and 2 electric motors of the auxiliary FAA finds that Model MD–10–10F and on a substantial number of small entities hydraulic pump for electrical resistance, MD–10–30F series airplanes were not under the criteria of the Regulatory continuity, mechanical rotation, and

VerDate 112000 17:05 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\27NOP1.SGM pfrm02 PsN: 27NOP1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Proposed Rules 70673 associated wiring resistance/voltage, per Note 2: Information concerning the creating the Commission and McDonnell Douglas Alert Service Bulletin existence of approved alternative methods of establishing a comprehensive system for DC10–29A142, Revision 01, dated October compliance with this AD, if any, may be regulating gambling activities on Indian 21, 1999 (for Model DC–10 and MD–10 series obtained from the Los Angeles ACO. lands. Following a thorough rulemaking airplanes); or McDonnell Douglas Alert process, that included a tribal advisory Service Bulletin MD11–29A057, Revision 01, Special Flight Permit committee and public hearings, the dated October 21, 1999 (for Model MD–11 (f) Special flight permits may be issued in series airplanes); as applicable; at the accordance with sections 21.197 and 21.199 Commission determined that minimum applicable time specified in paragraph (a)(1) of the Federal Aviation Regulations (14 CFR internal control standards were needed or (a)(2) of this AD. 21.197 and 21.199) to operate the airplane to to ensure the integrity of gaming on (1) For Model DC–10 and MD–10 series a location where the requirements of this AD Indian lands and to safeguard this airplanes: Inspect within 6 months after the can be accomplished. source of tribal revenues. On January 5, effective date of this AD. Issued in Renton, Washington, on 1999, the Commission published its (2) For Model MD–11 series airplanes that November 20, 2000. Minimum Internal Control Standards, have accumulated 3,000 flight hours or more Donald L. Riggin, 25 CFR Part 542. In developing the as of the effective date of this AD: Inspect MICS, the Commission anticipated that within 6 months after the effective date of Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. the regulation would be subject to this AD. periodic revision to maintain (3) For Model MD–11 series airplanes that [FR Doc. 00–30121 Filed 11–24–00; 8:45 am] consistency with evolving technology have accumulated less than 3,000 flight BILLING CODE 4910±13±P hours as of the effective date of this AD: and sound practice in the gaming Inspect within 6 months after accumulating industry. The Commission recognized 3,000 flight hours. the importance of ensuring that tribal NATIONAL INDIAN GAMING gaming operations were not locked into Condition 1, No Failures: Repetitive COMMISSION Inspections internal control systems that contained unworkable requirements or that placed 25 CFR Part 542 (b) If no failures are detected during the those operations at a competitive inspection required by paragraph (a) of this RIN 3141±AA24 disadvantage. Overall, implementation AD, repeat the inspection required by of the MICS has had a positive impact paragraph (a) of this AD every 5,000 flight Minimum Internal Control Standards hours. on the ability of tribal oversight officials and the Commission to identify Condition 2, Failure of Any Pump Motor: AGENCY: National Indian Gaming Commission. potential threats to the integrity of Replacement and Repetitive Inspections Indian gaming operations. As (c) If any pump motor fails during any ACTION: Advance notice of proposed rulemaking. anticipated, however, in the period inspection required by paragraph (a) of this since publication of the MICS, there AD, before further flight, replace the have been changes in Indian gaming and auxiliary hydraulic pump with a serviceable SUMMARY: The National Indian Gaming pump, per McDonnell Douglas Alert Service Commission (the Commission) proposes gaming technology that may need to be Bulletin DC10–29A142, Revision 01, dated to revise its regulations establishing reflected in the MICS. Additionally, as October 21, 1999 (for Model DC–10 and MD– minimum internal control standards gaming tribes and the Commission have 10 series airplanes); or McDonnell Douglas (MICS) for gaming operations on Indian gained practical experience with the Alert Service Bulletin MD11–29A057, land. This notice announces the MICS, it has become apparent that there Revision 01, dated October 21, 1999 (for initiation of the rulemaking process and are some technical errors in the Model MD–11 series airplanes); as requests information relevant to revision regulation and that some of the applicable. Repeat the inspection required by of the Commission’s regulations standards themselves may not be paragraph (a) of this AD every 5,000 flight operating as the Commission had hours. governing minimum internal control standards for gaming facilities operated intended. Condition 3, Failure of Any Wiring: Repair on Indian land. and Repetitive Inspections 2. Advance Notice of Proposed DATES: Submit comments on or before Rulemaking (d) If any wiring fails during any March 2, 2001. inspection required by paragraph (a) of this To maintain the vitality of the MICS, ADDRESSES: Send comments by mail, AD, before further flight, troubleshoot and the Commission has determined that the repair the wiring, per McDonnell Douglas facsimile, or delivery to: Minimum appropriate course of action is to Alert Service Bulletin DC10–29A142, Internal Control Standards, First publish an Advance Notice of Proposed Revision 01, dated October 21, 1999 (for Revision Comments, National Indian Rulemaking to identify MICS provisions Model DC–10 and MD–10 series airplanes); Gaming Commission, Suite 9100, 1441 L that may be in need of revision after or McDonnell Douglas Alert Service Bulletin Street NW., Washington, DC 20005. Fax MD11–29A057, Revision 01, dated October more than a year of experience with number: 202–632–7066 (not a toll-free those regulations. 21, 1999 (for Model MD–11 series airplanes); number). Public comments may be as applicable. Repeat the inspection required delivered or inspected from 9 a.m. until 3. Request for Comments by paragraph (a) of this AD every 5,000 flight hours. noon and from 2 p.m. to 5 p.m. Monday Public comment is requested to assist through Friday. the Commission in the drafting of the Alternative Methods of Compliance FOR FURTHER INFORMATION CONTACT: Joe first revision to 25 CFR Part 542. (e) An alternative method of compliance or H. Smith at 503–326–7050, or by Comment is requested on the following adjustment of the compliance time that facsimile at 503–326–5092 (not toll-free issues: provides an acceptable level of safety may be numbers). (a) What are the major difficulties that used if approved by the Manager, Los Angeles Aircraft Certification Office (ACO), SUPPLEMENTARY INFORMATION: have been encountered in the implementation of the MICS in Indian FAA. Operators shall submit their requests 1. Introduction through an appropriate FAA Principal gaming facilities? How might the MICS Maintenance Inspector, who may add The Indian Gaming Regulatory Act be revised to address such difficulties? comments and then send it to the Manager, (IGRA), 25 U.S.C. 2701–2721, was (b) What other problems, drafting Los Angeles ACO. signed into law on October 17, 1988, errors or inconsistencies do the MICS

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Each application must natural and cultural resources and to interpretations regarding the issues contain the information described in the provide for their enjoyment, the ‘‘Application for Membership’’ section raised in this Advance Notice of Committee will evaluate and address below. Applications or nominations for Proposed Rulemaking. key issues including, but not limited to, membership on the Committee must be the designation of specific off-road 4. Public Participation received by close of business on As noted above, interested parties are December 27, 2000. vehicle routes and areas; the periods of the year and times of day during which invited to submit comments on any or ADDRESSES: Comments and applications off-road vehicles may be operated; the all of these and other pertinent issues for membership should be submitted to number and type of vehicles; related to revision of the MICS by March Constantine J. Dillon, Superintendent, 2, 2001, in triplicate to Minimum Fire Island National Seashore, 120 procedures for permits; and other Internal Control Standards, First Laurel Street, Patchogue, New York conditions that govern the operation of Revision Comments, National Indian 11772. Comments and applications off-road vehicles at Fire Island National Gaming Commission, Suite 9100, 1441 L received will be available for inspection Seashore. It is anticipated that the Street NW., Washington, DC. 20005. Fax at the address listed above from 8 a.m., Committee will develop proposed number: 202–632–7066 (not a toll-free to 4:30 p.m., EST, Monday through regulations in all of the above- number). All written comments Friday. referenced areas. submitted in response to this notice will FOR FURTHER INFORMATION CONTACT: List of Interests Significantly Affected be available for inspection and copying Constantine J. Dillon, Superintendent, in the Commission office from 9 a.m. Fire Island National Seashore, 120 The National Park Service has until noon and from 2 p.m. to 5 p.m. Laurel Street, Patchogue, New York identified a number of interests who are Monday through Friday. All timely 11772; 631–289–4810, extension 225. likely to be affected significantly by the written submissions will be considered SUPPLEMENTARY INFORMATION: The rule. Those parties are residents of Fire in determining the nature of any Secretary has determined that the Island; conservation and environmental proposal. establishment of this committee is in the organizations; recreational fishing Dated: November 20, 2000. public interest and supports the organizations; off-road vehicle Richard Schiff, National Park Service in performing its organizations; local town governments; Deputy Chief of Staff, National Indian duties and responsibilities under the commercial interests; and Federal, State Gaming Commission. National Park Service Organic Act, 16 and regional land use management and [FR Doc. 00–30077 Filed 11–24–00; 8:45 am] U.S.C. 1 et seq; the Endangered Species wildlife management agencies. Other parties who believe they are likely to be BILLING CODE 7565±01±P Act, 16 U.S.C. 1531 et seq; and the Fire Island National Seashore Act, 16 U.S.C. affected significantly by the rule may 459e et seq. Copies of the committee’s apply for membership on the Committee pursuant to the ‘‘Application for DEPARTMENT OF THE INTERIOR charter will be filed with the appropriate committees of Congress and Membership’’ section below. National Park Service with the Library of Congress in Proposed Agenda and Schedule for accordance with section 9(c) of the Publication of Proposed Rule 36 CFR Chapter I Federal Advisory Committee Act, 5 U.S.C. Appendix. Establishment of the Members of the Committee, with the Negotiated Rulemaking Advisory Committee is in accordance with the assistance of a neutral facilitator, will Committee for Off-Road Driving Negotiated Rulemaking Act of 1990, 5 determine the agenda for the Regulations at Fire Island National U.S.C. 564, Committee’s work. The National Park Seashore The Committee will attempt, via face- Service expects to publish a proposed to-face negotiations, to reach consensus AGENCY: National Park Service, Interior. rule in the Federal Register before on concepts and language to use as the January 1, 2002. ACTION: Notice of intent to establish a basis for a proposed rule to be published negotiated rulemaking advisory by the NPS in the Federal Register that Records of Meetings committee. would revise existing regulations codified at 36 CFR 7.20. The existing In accordance with the requirements SUMMARY: The Secretary of the Interior regulations have not been effective in of the Federal Advisory Committee Act, is giving notice of his intent to establish resolving longstanding and 5 U.S.C. Appendix 1994, the National the Negotiated Rulemaking Advisory controversial resource management and Park Service will keep a record of all Committee for Off-Road Driving public use conflicts at the Seashore. Committee meetings. Regulations at Fire Island National With the participation of Administrative Support Seashore to negotiate and develop a knowledgeable, affected parties, NPS proposed rule revising off-road vehicle expects to develop a practical approach To the extent authorized by law, the use regulations at Fire Island National to addressing these management and National Park Service will fund the Seashore. public use issues involving the costs of the Committee and provide DATES: Interested persons are invited to protection of beach environments, their administrative support and technical comment on the proposal to create this associated floral and faunal assistance for the expertise in resource Committee. In addition, any persons communities, and the public’s desire for management and operations to facilitate who believe that they will be affected access to Federal lands by motorized the Committee’s work.

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Committee Membership Alternate—None. represented adequately by any person In accordance with the Negotiated b. Off-Island Contractors: Donald identified in the ‘‘Committee Rulemaking Act, membership is limited Quenzer, Off-Island Contractors Membership’’ section above, may apply to 25. The following membership is Representative at Large. for or nominate another person for Alternate—James Wikso, Off-Island proposed for the Negotiated Rulemaking membership on the Negotiated Contractors Representative at Large. Advisory Committee for Off-Road Rulemaking Advisory Committee for c. Barge/Freight Companies: Thomas Driving Regulations at Fire Island Off-Road Driving Regulations at Fire Esposito, Barge/Freight Companies National Seashore. Island National Seashore. In order to be Representative at Large. 1. The interests of the Department of considered, each application or Alternate—Steven Young, Barge/ the Interior will be represented by: nomination must include: Freight Companies Representative at a. National Park Service—Constantine Large. 1. The name of the applicant or J. Dillon, Superintendent, Fire Island d. Ferry Companies: George Hafele, nominee and a description of the National Seashore. Ferry Companies Representative at interest(s) such person is to represent; Alternate—Barry Sullivan, Deputy Large. Superintendent, Fire Island National 2. Evidence that the applicant or Alternate—Luke Kaufman, Ferry Seashore. nominee is authorized to represent Companies Representative at Large. 2. The interests of environmental parties related to the interest(s) the 5. The interests of local town person is proposed to represent; organizations and visitors will be governments and residents will be represented by: represented by: 3. A written commitment that the a. Environmental Organizations. a. West End Representatives. applicant or nominee will actively (1) Art Cooley, Trustee, (1) Suzie Goldhirsch, West End participate in good faith in the Environmental Defense Fund. Visitors Representative at Large. development of the proposed rule; and Alternate—Joe Zysman, Fire Island Alternate—Beverly Jerome, West End Wilderness Committee. 4. The reasons that the proposed Visitors Representative at Large. members of the committee identified (2) Jack Finkenberg, Vice President, (2) Thomas Schwarz, West End Great South Bay Audubon Society. above do not represent the interests of Visitors Representative at Large. the person submitting the application or Alternate—James Seymour, Fire Alternate—Arthur Weinstein, West nomination. Island Ecology Coalition. End Visitors Representative at Large. b. Visitors: Lee Snead, Visitors b. East End Representative: John To be considered, the application must Representative at Large. Lund, East End Visitors Representative be complete and received by the close Alternate—None. at Large. of business on December 27, 2000, at the 3. The interests of the essential Alternate—Marc Ostfield, East End location indicated in the ADDRESSES services will be represented by: Visitors Representative at Large. section above. Full consideration will be a. Utility Companies: Ed Fanning, c. Year-Round and Seasonal Supervisor, Bell Atlantic. given to all applications and Residents: Gerard Stoddard, President, nominations timely submitted. The Alternate—None. Fire Island Association. b. Garbage Carters: Barry Weatherall, decision whether or not to add a person Alternate—None. to the Negotiated Rulemaking Advisory Carters Representative at Large. d. Year-Round Residents: Kevin Committee for Off-Road Driving Alternate—Peter Vogel, Carters Gillespie, President, Fire Island Year Regulations at Fire Island National Representative at Large. Round Resident Association. c. Suffolk County Water Authority: Alternate—Beatrice Thornberg, Seashore will be based on a Robert Murray, Director of Production Member, Fire Island Year Round determination by the National Park and Control, Suffolk County Water Resident Association. Service whether an interest of that Authority. e. Town of Islip: Ernie Cannava, person will be affected significantly by Alternate—Paul Kuzman, Deputy Attorney, Town of Islip. the proposed rule; whether that interest Director, Suffolk County Water Alternate—Sadat Beqaj, Chairperson, is already represented adequately on the Authority. Town of Islip Advisory Board. Committee, and if not, whether the d. Fire Island Fire Chiefs Council: f. Town of Brookhaven: Jeffrey applicant or nominee would represent it Robert Thornberg, President, Fire Island Kassner, Director, Division of adequately. Fire Chiefs Council. Environmental Protection. Certification Alternate—None. Alternate—Anthony Graves, Assistant e. Suffolk County Police: Peter J. Director, Division of Environmental I hereby certify that the administrative Quinn, Commanding Officer, Marine Protection. establishment of the Negotiated Rulemaking Bureau. g. Village of Saltaire: Anna Hannon Advisory Committee for Off-Road Driving Alternate—Robert Muller, Captain, Gill, Village Trustee. Regulations at Fire Island National Seashore Marine Bureau. Alternate—Scott Rosenblum, Village is necessary and in the public interest in f. Fire Island Law Enforcement Trustee. connection with the performance of duties Council: Ed Paradiso, Co-Chairperson, h. Village of Ocean Beach: James imposed on the Department of the Interior by Fire Island Law Enforcement Council. Mallott, Village Trustee. the Act of August 25, 1916, 16 U.S.C. 1 et Alternate—Joseph Loeffler, Co- Alternate—Andrew Miller, Village seq., and other statutes relating to the Chairperson, Fire Island Law Trustee. administration of the National Park System. Enforcement Council. Application for Membership Dated: October 25, 2000. 4. Commercial businesses, Bruce Babbitt, transportation, and contracting interests Persons who believe that they will be Secretary of the Interior. will be represented by: affected significantly by proposals to a. On-Island Contractors: Forrest revise off-road vehicle use regulations at [FR Doc. 00–29119 Filed 11–24–00; 8:45 am] Clock, On-Island Contractors Fire Island National Seashore and who BILLING CODE 4310±70±U Representative at Large. believe that interests will not be

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ENVIRONMENTAL PROTECTION (MA DEP) submitted a proposed I. Background revision to its State Implementation AGENCY Existing Logan Parking Freeze and East Plan (SIP). The proposed revisions are Boston Parking Freeze 40 CFR Part 52 amendments to the Massachusetts Port Since 1975, Logan Airport has been [MA±01±082±7212b; A±1±FRL±6905±9] Authority (Massport)/Logan Airport Parking Freeze and City of Boston/East subject to a freeze on the number of Approval and Promulgation of Air Boston Parking Freeze. This proposed commercial parking spaces available for Quality Implementation Plans; revision allows the Commonwealth to use by Logan air travelers and visitors. Massachusetts; Amendment to the administratively approve the transfer of In the mid-seventies, EPA developed the Massachusetts Port Authority/Logan parking spaces from the East Boston Logan Parking Freeze as one strategy in Airport Parking Freeze and City of Parking Freeze to the Logan Parking the Transportation Control Plan of its Boston/East Boston Parking Freeze Freeze provided the total parking space federally promulgated plan for the inventory number for the Logan Parking Boston Region in 1975 as part of a AGENCY: Environmental Protection Freeze remains at or below 21,790 comprehensive strategy to reduce air Agency (EPA). parking spaces. Once adopted, future pollution caused by automobile ACTION: Proposed rule. modifications in the parking freeze emissions. The goal was to achieve the inventories for the East Boston and ozone and carbon monoxide National SUMMARY: The EPA is proposing to Logan Airport Parking Freezes will be Ambient Air Quality Standards approve a State Implementation Plan regulated by the Commonwealth’s (NAAQS) established by the Clean Air (SIP) revision submitted by the revisions to Massachusetts State Act. Commonwealth of Massachusetts. This Regulations 310 CMR 7.30 and 310 CMR The Logan Airport Parking Freeze was SIP revision will establish a state reaffirmed and committed to as a 7.31. process to allow the transfer of parking Reasonable Available Control Measure spaces from the East Boston Parking The amendments will not affect the (RACM) in the 1979 and 1982 State Freeze to the Logan Parking Freeze total number of airport-related parking Implementation Plan revisions required provided the total Logan Parking Freeze spaces allowed under the Logan Airport by the Clean Air Act Amendments of inventory number remains at or below and East Boston Parking Freezes and 1977. Through the 1979 and 1982 SIP, 21,790 parking spaces. The intended will further the goal of transferring the Commonwealth incorporated the effect of this action is to allow the airport-related parking spaces out of the Federal Implementations Plan’s parking shifting of airport-related parking out of East Boston neighborhood to Logan freeze provisions by reference the East Boston community and on to Airport. committing the Commonwealth to airport property where it belongs. There MA DEP has requested that EPA implement and enforce the parking is no net change in parking spaces parallel process this proposed SIP freeze as a state regulation as well as a allowed in the established parking revision. Under this procedure, EPA- Federal law. freezes by this action. This action is New England Regional Office works In 1989, the Logan Airport Parking being taken under the Clean Air Act. closely with the MA DEP, the state air Freeze was amended and the East Public comments on this document are agency, while the Commonwealth is Boston Parking Freeze was adopted by requested and will be considered before developing new or revised regulations. the Commonwealth of Massachusetts. taking final action on this SIP revision. The state submits a copy of the Unlike the 1975 Logan Freeze, which DATES: Written comments must be proposed regulation or other revisions targeted only commercial parking, the received on or before December 27, to EPA before conducting its public 1989 state action limited and regulated 2000. hearing. EPA reviews this proposed the management of all major airport- state action, and prepares a notice of related parking in the Logan Airport and ADDRESSES: Comments may be mailed to proposed rulemaking. EPA’s notice of East Boston Parking Freeze areas. The David Conroy, Unit Manager, Air proposed rulemaking is published in the parking supply at Logan Airport was Quality Planning, Office of Ecosystem Federal Register during the same time capped at 19,315 parking spaces. In Protection (mail code CAQ), U.S. frame that the Commonwealth is addition, Logan-related park and fly and Environmental Protection Agency, EPA- holding its public hearing. The rental car parking spaces in East Boston New England, One Congress Street, Commonwealth and EPA then provide were capped at existing levels. On April Suite 1100, Boston, MA 02114–2023. for concurrent public comment periods 26, 1991, MA DEP certified the parking Copies of the Commonwealth’s on both the state action and Federal freeze numbers for the East Boston submittal are available for public action. After the Commonwealth Parking Freeze area at 4,012 rental inspection during normal business submits the formal SIP revision request motor vehicle parking spaces and 2,475 hours, by appointment at the Office of (including a response to all public park and fly parking spaces. EPA Ecosystem Protection, U.S. comments raised during the state’s approved the Logan Airport Parking Environmental Protection Agency, EPA- public participation process, and the Freeze and East Boston Parking Freeze New England, One Congress Street, 11th approved amended Massachusetts State amendments into the Massachusetts SIP floor, Boston, MA and Consumer and Regulations 310 CMR 7.30 and 310 CMR on March 16, 1993, Federal Register (58 Transportation Division, Bureau of 7.31,) EPA will prepare a final FR 14153–14157). Waste Prevention, Massachusetts rulemaking notice. If the The Logan Airport and East Boston Department of Environmental Commonwealth’s formal SIP submittal Parking Freezes were designed to meet Protection, One Winter Street, 9th Floor, contain changes which occur after the following objectives: mitigating the Boston, MA 02108. EPA’s notice of proposed rulemaking, traffic related air quality impacts of FOR FURTHER INFORMATION CONTACT: such changes must be described in airport access on both the regional level Donald O. Cooke, (617) 918–1668 or e- EPA’s final rulemaking action. If the and on the neighborhood level; reducing mail [email protected]. Commonwealth’s changes are the number of vehicle trips (i.e., SUPPLEMENTARY INFORMATION: On significant, then EPA must decide employee and air traveler drop-off/pick November 3, 2000, the Massachusetts whether it is appropriate to re-propose up trips) by providing a mix of on- Department of Environmental Protection the state’s action. airport parking and off-airport satellite

VerDate 112000 17:05 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\27NOP1.SGM pfrm02 PsN: 27NOP1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Proposed Rules 70677 parking centers outside of the parking II. Proposed Action Reform Act of 1995 (Public Law 104–4). freeze areas; managing the parking EPA is proposing to approve the For the same reason, this rule also does supply for Logan to stabilize overall Massachusetts SIP revision which will not significantly or uniquely affect the ground access; and developing a unified allow MA DEP to administratively communities of tribal governments, as access management plan for Logan approve future modifications to the specified by Executive Order 13084 (63 Airport. One of the goals of the current Logan Parking Freeze and the East FR 27655, May 10, 1998). This rule will Logan Airport Parking Freeze and East Boston Parking Freeze in accordance not have substantial direct effects on the Boston Parking Freeze is to encourage with the proposed amendments to States, on the relationship between the the relocation of park and fly parking Massachusetts State Regulations 310 national government and the States, or spaces from the East Boston CMR 7.30 Massport/Logan Airport on the distribution of power and neighborhoods to Logan Airport to Parking Freeze and 310 CMR 7.31 City responsibilities among the various reduce localized traffic and air quality of Boston/East Boston Parking Freeze, levels of government, as specified in impacts. which were submitted on November 3, Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely Summary of Proposed Action 2000. EPA is soliciting public comments on the issues discussed in this notice or approves a state rule implementing a There are four provisions being on other relevant matters. These Federal standard, and does not alter the proposed in the amended Massachusetts comments will be considered before relationship or the distribution of power State Regulations 310 CMR 7.30 taking final action. Interested parties and responsibilities established in the Massport/Logan Airport Parking Freeze may participate in the Federal Clean Air Act. This rule also is not and 310 CMR 7.31 City of Boston, East rulemaking procedure by submitting subject to Executive Order 13045 (62 FR Boston Parking Freeze: written comments to the EPA-New 19885, April 23, 1997), because it is not (1) Should Massport, or its nominee, England office listed in the ADDRESSES economically significant. acquire in fee (or lease for a term in section of this document. In reviewing SIP submissions, EPA’s excess of five years) property within the Interested parties are also encouraged role is to approve state choices, East Boston Parking Freeze on which to participate in the concurrent state provided that they meet the criteria of park and fly parking spaces included in process by presenting oral or written the Clean Air Act. In this context, in the the East Boston Parking Freeze area testimony at the Commonwealth’s absence of a prior existing requirement inventory, are located, such spaces, December 4, 2000 public hearing, and for the State to use voluntary consensus upon notification by Massport to the submitting written comment on or standards (VCS), EPA has no authority MA DEP and the Boston Air Pollution before 5:00 p.m. on Monday, December to disapprove a SIP submission for Control Commission, and approval by 4, 2000, to Christine Kirby, failure to use VCS. It would thus be MA DEP, may be automatically and Massachusetts Department of inconsistent with applicable law for permanently converted to commercial Environmental Protection, Bureau of EPA, when it reviews a SIP submission, parking spaces within the Logan Airport Waste Prevention, One Winter Street, to use VCS in place of a SIP submission Parking Freeze area. 9th Floor, Boston, MA 02108 during the that otherwise satisfies the provisions of (2) Commercial and employee parking state’s comment period. Please contact the Clean Air Act. Thus, the spaces within the Logan Airport Parking Ms. Christine Kirby, Massachusetts requirements of section 12(d) of the Freeze area shall be limited to 19,315 Department of Environmental National Technology Transfer and parking spaces of which there shall be Protection, Bureau of Waste Prevention, Advancement Act of 1995 (15 U.S.C. no more than 5,225 employee parking Division of Consumer and 272 note) do not apply. As required by spaces and no fewer than 14,090 Transportation Programs at (617) 292– section 3 of Executive Order 12988 (61 commercial parking spaces. The total 5631 for additional information on the FR 4729, February 7, 1996), in issuing 19,315 parking spaces may be Commonwealth’s public participation this rule, EPA has taken the necessary administratively increased to 21,790 process. steps to eliminate drafting errors and parking spaces by MA DEP, on a one- ambiguity, minimize potential litigation, for-one basis, as allowed by the III. Administrative Requirements and provide a clear legal standard for permanent relocation of East Boston Under Executive Order 12866 (58 FR affected conduct. EPA has complied Parking Freeze park and fly parking 51735, October 4, 1993), this action is with Executive Order 12630 (53 FR spaces to the Logan Parking Freeze area not a ‘‘significant regulatory action’’ and 8859, March 15, 1988) by examining the commercial parking spaces. therefore is not subject to review by the takings implications of the rule in (3) In the event that any property Office of Management and Budget. This accordance with the ‘‘Attorney within the boundaries of the Logan action merely approves state law as General’s Supplemental Guidelines for Airport Parking Freeze area is conveyed meeting Federal requirements and the Evaluation of Risk and Avoidance of in fee by Massport, such property shall imposes no additional requirements Unanticipated Takings’ issued under the be removed from the Logan Parking beyond those imposed by state law. executive order. This rule does not Freeze area and become part of the East Accordingly, the Administrator certifies impose an information collection Boston Parking Freeze area at the time that this rule will not have a significant burden under the provisions of the of such conveyance. economic impact on a substantial Paperwork Reduction Act of 1995 (44 (4) Upon the relocation of any rental number of small entities under the U.S.C. 3501 et seq.). motor vehicle parking spaces from the Regulatory Flexibility Act (5 U.S.C. 601 List of Subjects in 40 CFR Part 52 East Boston Freeze area to the Logan et seq.). Because this rule approves pre- Airport Parking Freeze area, the number existing requirements under state law Environmental protection, Air of rental motor vehicle parking spaces and does not impose any additional pollution control, Carbon monoxide, certified by the MA DEP for the East enforceable duty beyond that required Hydrocarbons, Intergovernmental Boston Freeze area shall be permanently by state law, it does not contain any relations, Nitrogen dioxide, Ozone, reduced by the number of parking unfunded mandate or significantly or Particulate matter, Reporting and spaces relocated to the Logan Airport uniquely affect small governments, as recordkeeping requirements, Sulfur Parking Freeze area. described in the Unfunded Mandates oxides.

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Authority: 42 U.S.C. 7401 et seq. copies of your comments referencing Center (RIC), located at Crystal Gateway Dated: November 14, 2000. docket number F–2000–4BTA–FFFFF I, First Floor, 1235 Jefferson Davis Mindy S. Lubber, to: The RCRA Docket Information Highway, Arlington, VA. The RIC is Regional Administrator, EPA-New England. Center, Office of Solid Waste (5305G), open from 9:00 a.m. to 4:00 p.m., U.S. Environmental Protection Agency [FR Doc. 00–30113 Filed 11–24–00; 8:45 am] Monday through Friday, excluding Headquarters (EPA, HQ), 1200 federal holidays. To review docket BILLING CODE 6560±50±P Pennsylvania Avenue, N.W., materials, you should make an Washington, DC 20460. You may also appointment by calling (703) 603–9230. ENVIRONMENTAL PROTECTION hand deliver comments to the You may copy a maximum of 100 pages AGENCY Arlington, VA, address listed below. from any regulatory docket at no charge. You may also submit comments Additional copies cost $0.15 per page. 40 CFR Parts 258, 260, 261, 264, 265, electronically by sending electronic You may also view an electronic copy 266, 270, and 279 mail through the Internet to: rcra- of the docket index and notice. See the [email protected]. You should [FRL±6908±4] SUPPLEMENTARY INFORMATION section of identify comments in electronic format this notice for information on accessing Waste Management System; Testing with the docket number F–2000–4BTA– it. and Monitoring Activities; Notice of FFFFF. Submit electronic comments as an ASCII (text) file and avoid the use of You can download a complete copy of Availability of Draft Update IVB of SW± Draft Update IVB (pdf format) from the 846 special characters and any form of encryption. If you do not submit Internet at http://www.epa.gov/SW– AGENCY: Environmental Protection comments electronically, we ask 846. A paper copy of Draft Update IVB Agency. prospective commenters to voluntarily is also located in the docket for this ACTION: Notice of availability and submit one additional copy of their notice (see ADDRESSES above). The table request for comment. comments on labeled personal computer below provides sources for both paper diskettes in ASCII (text) format or a and electronic copies of the Third SUMMARY: The Environmental Protection word processing format that can be Edition of SW–846 and all of its Agency (EPA or Agency) is providing converted to ASCII (text). It is essential updates. notice of the availability of, and requests that you specify on the disk label the comment on, ‘‘Draft Update IVB’’ to the FOR FURTHER INFORMATION CONTACT: For word processing software and version/ Third Edition of the methods manual, edition as well as your name. This will general information, contact the RCRA ‘‘Test Methods for Evaluating Solid allow EPA to convert the comments into Hotline, Monday through Friday Waste, Physical/Chemical Methods,’’ one of the word processing formats between 9:00 a.m. and 6:00 p.m. EST, at EPA publication SW–846. SW–846 utilized by the Agency. Please use (800) 424–9346 or TDD (800) 553–7672 contains EPA-approved sampling and mailing envelopes designed to (hearing impaired). In the Washington, analysis methods for use under the physically protect the submitted DC, metropolitan area, call (703) 412– Resource Conservation and Recovery 9810. Act (RCRA) Program. Draft Update IVB diskettes. We emphasize that contains new and revised SW–846 submission of comments on diskettes is For information on specific aspects of methods. As part of Draft Update IVB, not mandatory, nor will it result in any this notice or the Draft Update IVB we are also providing references in SW– advantage or disadvantage to any methods, contact the Methods 846 to four air methods that are, or may commenter. Information Communication Exchange You should not submit electronically be in the future, used in the RCRA (MICE) Service at (703) 676–4690, e- any confidential business information regulations. mail address: [email protected]; or (CBI). You should instead submit an contact Barry Lesnik, Office of Solid DATES: We are opening a comment original and two copies of the CBI under Waste (5307W), U.S. Environmental period for the limited purpose of separate cover to: RCRA CBI Document Protection Agency, Ariel Rios Building, obtaining information and views on the Control Officer, Office of Solid Waste 1200 Pennsylvania Avenue, methods and chapters of Draft Update (5305W), U.S. EPA, 1200 Pennsylvania Washington, DC 20460, (703) 308–8855, IVB. Send your comments to reach us Avenue, N.W., Washington, DC 20460. e-mail address: on or before February 26, 2001. You may view the official record of [email protected]. ADDRESSES: If you wish to comment on public comments and supporting this notice, submit an original and two materials in the RCRA Information SUPPLEMENTARY INFORMATION:

SOURCES FOR SW±846, THIRD EDITION, AND ITS UPDATES

Source Available portions of SW±846

Superintendent of Documents, U.S. Government Printing Office (GPO), ÐPaper copies of the SW±846, Thrid Edition, basic manual and of cer- Washington, DC 20402, (202) 512±1800. tain updates, including Final Updates, I, II, IIA, IIB, and III, and Draft Update IVA. Subscriber must integrate the updates. National Technical Information Service (NTIS), 5285 Port Royal Road, ÐPaper copy of an integrated version of SW±846, Third Edition, as Springfield, VA 22161, (703) 605±6000 or (800) 553±6847. amended by Final Updates I, II, IIA, IIB, and III. ÐIndividual paper copies of the SW±846, Third Edition, basic manual and of certain updates, including Updates I, II, IIA, IIB, III, IIIA, and Draft Update IVA. ÐCD±ROM of integrated version of SW±846, Third Edition, as amend- ed by Final Updates I, II, IIA, IIB, and III (pdf and WordPerfect elec- tronic copies). ÐCD±ROM of Draft Update IVA (pdf and WordPerfect electronic cop- ies).

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SOURCES FOR SW±846, THIRD EDITION, AND ITS UPDATESÐContinued

Source Available portions of SW±846

Internet http://www.epa.gov/SW±846 ...... ÐIntegrated version of SW±846, Third Edition, as amended by Final Updates I, II, IIA, IIB, III, and IIIA (pdf electronic copy). ÐDraft Update IVA (pdf electronic copy). ÐDraft Update IVB (pdf electronic copy)

How Do I Obtain Electronic Access to Internet site at http://www.epa.gov/SW– characteristic (see 40 CFR part 261, this Notice 846. Today, with this notice, and as subpart C). Several other RCRA The docket index and the notice are requested in the Senate Committee regulations generally require the use of available on the Internet at: WWW: Report No. 106–410 regarding EPA’s only SW–846 methods, but do not http://www.epa.gov/epaoswer/ 2001 appropriations bill, we are define regulatory parameters. In these hazwaste/test/up4ba.htm. publishing and requesting comment on cases, we plan to propose revisions to Draft Update IVB, as published on the those regulations whereby another How Is This Notice Organized? Internet and found in the docket to this acceptable method may be used, We list below the order of the major notice. provided it uses reliable techniques that are accepted as such by the scientific sections of this notice. II. How Does This Notice Relate to community and provided that it can be EPA’s Future Methods Development I. What Is the Subject and Purpose of this demonstrated to be appropriate for its Notice? Efforts? II. How Does This Notice Relate to EPA’s intended use, i.e., it meets the data Future Methods Development Efforts? We are releasing Draft Update IVB in quality objectives (DQOs) or III. How Can I Use the Methods of Draft a notice of availability for informational measurement quality objectives (MQOs) Update IVB? purposes. We are making these EPA- of the specific project. IV. What Does Draft Update IVB Contain? reviewed methods and revised chapters If the future proposed rule to remove available to the public early, for unnecessary required uses is finalized, I. What Is the Subject and Purpose of guidance purposes. The methods can be we will use rulemaking for only those this Notice? used in all applications for which the updates to SW–846 which include We are announcing the availability of, use of SW–846 methods is not methods that are specifically required and requesting public comment on, mandatory and for which they are by our regulations. Rulemaking to revise Draft Update IVB to ‘‘Test Methods for effective. We believe that Draft Update or add required methods will remain Evaluating Solid Waste, Physical/ IVB will be valuable to the public as necessary because the required use of Chemical Methods,’’ EPA Publication guidance because it makes new those specific methods will continue. SW–846. SW–846 contains the analytical technologies and improved We will publish all other future SW–846 analytical and test methods that we procedures available for use. This updates as guidance. In this manner, we have evaluated and found to be among approach will allow the regulated will make most new and revised those acceptable for monitoring community and others an opportunity methods for RCRA-related monitoring conducted in support of subtitle C of the to participate early in the method available to the public in a faster and Resource Conservation and Recovery review process with the submittal of more efficient manner. We will still Act (RCRA), as amended. comments on the draft methods. As we follow Agency guidelines to ensure that We change the content of SW–846 also explained regarding the release of SW–846 methods are scientifically over time as new information and data Draft Update IVA in its notice of sound, including the peer review of are developed. We continually review availability, we are not at this time method documents as necessary. We advances in analytical instrumentation formally proposing to revise SW–846 by will also continue to request public and techniques and periodically adding Update IVB, or to incorporate comment on methods through Federal incorporate such advances into SW–846 the update in the RCRA regulations for Register notices prior to their as method updates. These updates required uses. incorporation into SW–846. support changes in the regulatory In addition, we expect to change our program and improve method approach to releasing most SW–846 III. How Can I Use the Methods of Draft performance and cost effectiveness. We updates in the future. The notice for Update IVB? add new SW–846 methods to the Draft Update IVA (see 63 FR 25430– Although the Draft Update IVB manual, and replace existing methods 25438) explains in detail the reasons for methods passed our Technical with revised versions of the same this change. To summarize, we continue Workgroup review, you cannot use the methods to reflect the advances and to implement a performance-based methods of Draft Update IVB for new techniques. To date, we have measurement system (PBMS) in the compliance with the regulations that finalized Updates I, II, IIA, IIB, III, and RCRA program. As part of this effort, we require the use of SW–846 methods. IIIA to the SW–846 manual. We are developing a proposed rule to However, there are other sampling and proposed and finalized these updates as remove unnecessary required uses of analysis requirements in 40 CFR parts part of a rulemaking. SW–846 methods from the RCRA 260 through 270 that do not specify the We are now developing the next regulations. If this rule is finalized, we use of SW–846 methods and in those update to SW–846. On May 8, 1998, we will generally only require the use of a cases you may use any reliable published a notice of availability for particular method when it is referenced analytical method, including the Draft Update IVA in the Federal specifically in a regulation. Examples of methods found in Draft Updates IVA Register (see 63 FR 25430–25438). We such a requirement include the SW–846 and IVB. We recommend that you then began developing Draft Update IVB methods specified in the RCRA consult with the appropriate regulating to the manual. As we finished the regulations to determine whether a entity before using these methods to methods, we posted them on our waste exhibits a hazardous waste comply with a regulation.

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IV. What Does Draft Update IVB revisions include text deletions, revised those documents and are Contain? additions, or other revisions that change releasing them again as part of Draft a method’s procedure or the intent or Update IVB. You should replace your Draft Update IVB contains revised and meaning of the text. Significant Draft Update IVA versions with the new documents for SW–846, each of revisions do not include typographical Draft Update IVB versions. These which is dated ‘‘November 2000’’ in its or grammatical corrections, table documents include the Table of footer. Tables 1 through 3 list the reformatting (where the information is documents found in Draft Update IVB. Contents, Chapters Two through Five, not changed), logical outgrowths of and Methods 3535A, 3545A, 8081B, Table 1 provides a listing of the other revisions (e.g., the renumbering of 8082A, 8141B, and 8321B (see Table 1 fifteen revised SW–846 methods and sections to account for the addition of for the titles of these methods). seven revised chapters or other SW–846 a new section), or other edits that are documents found in Draft Update IVB. not substantive changes to text intent or Table 2 provides a listing of the We request public comment on all the analytical procedure (e.g., the twelve new SW–846 methods found in revised sections identified by Table 1. replacement of ‘‘Teflon’’ with Draft Update IVB. EPA is interested in We are interested in comments from the ‘‘PTFE’’). Nonsignificant revisions also comments on the content of all sections public on the identified sections and include the movement of otherwise or parts of the new methods. Finally, chapters because some or all of their unchanged information to another Table 3 identifies the four air methods text represents significant revisions appropriate location in the method. We for which we are providing references in from the promulgated version of the will, however, consider comments on SW–846 as part of Draft Update IVB. document currently in the Third Edition the reordering of otherwise unchanged These one-page references for each of SW–846, as amended by Updates I information in future revisions of Draft method indicate how one may obtain a through IIIA. (Note: Unless otherwise Update IVB. copy of the method. We want to provide indicated as former sections, the section As indicated in Table 1, some of the this information in SW–846, for the numbers in Table 1 refer to the section revised methods were also in Draft convenience of the user, because the numbers in the Draft Update IVB Update IVA (documents dated January methods are referred to by the RCRA version of the method.) Significant 1998). Based on further review, we regulations.

TABLE 1.ÐREVISED METHODS AND CHAPTERS OF SW±846 DRAFT UPDATE IVB

Method No. Method or chapter title Sections or parts open for comment

Table of Contents* ...... All parts. Chapter Two* ...... All parts. Chapter Three* ...... All parts. Chapter Four* ...... All parts. Chapter Five* ...... All parts. Chapter Six ...... All parts. Chapter Ten ...... All parts. 3500C ...... Organic Extraction and Sample Prepara- 1.2; 5.4.1; 5.5; 5.6; 7.1; 7.9; 7.10; 7.11; 8.2.4.7; 8.3.1; 9.2; Table 1. tion. 3535A* ...... Solid-Phase Extraction (SPE) ...... 1.1; 1.5; 4.3.2; 4.3.3; 4.4; 4.17; 5.5.7; 5.5.8; 7.0±7.11 (including all subsections); 8.1±8.5; 10.0 Refs. 3±7; Table 1. 3545A* ...... Pressurized Fluid Extraction (PFE) ...... 1.3; 1.5; 2.1; 2.2; 2.3; 3.3; 3.4; 5.3.4; 5.4; 5.5; 5.6.2; 5.6.3; 5.7; 5.7.4; 5.7.6; 5.7.7; 7.1; 7.1.3; 7.1.5; 7.1.6; 7.2; 7.2.1±7.2.3; 7.3; 7.5; 7.6; 7.9.1±7.9.3; 7.12.1; 7.12.2; 8.4; 8.5; 9.4; 9.5; 10.0 Refs. 3 and 4. 3550C ...... Ultrasonic Extraction ...... 1.4; 1.5; 1.6; 1.7; 5.4; 7.0; 7.3; 7.3.6; 7.4.2; 7.4.3; 7.4.5; 7.4.9; 7.5; 7.5.1±7.5.5; 7.6; 7.6.1±7.6.2.2; 8.3; Table 2. 3620C ...... Florisil Cleanup ...... 1.5; 5.6.3.7; 5.10; 5.11; 5.12. 6010C ...... Inductively Coupled Plasma-Atomic All parts. Emission Spectrometry. 8015C ...... Nonhalogenated Organics by GC/FID .... 1.2; 1.2.1; 1.2.3; 1.4; 2.2; 2.6; 2.7; 2.9; 2.10; 4.2; 4.2.5; 5.8.8; 7.1; 7.1.1.2; 7.1.3; 7.2.6; 9.1; 9.2; 9.4; 9.5; 10.0 Refs. 7 and 8; Table 8; Table 9. 8041A ...... Phenols by Gas Chromatography ...... 1.4; 1.6; 3.2; 3.5; 3.6; 4.1; 4.2.3; 5.6; 7.0; 7.1.1.2; 7.1.3.2; 7.5; 7.5.1±7.5.3; 7.8; 8.5; 9.5; 10.0 Ref. 4; Tables 4 and 5. 8081B* ...... Organochlorine Pesticides by Gas Chro- 1.8; 4.2; 5.3; 5.3.1; 5.3.2; 7.1; 7.3.1; 7.3.2; 7.4.6; 7.5.4; 7.5.9; 7.6.2; 9.1; 9.5± matography. 9.10; 10.0 Refs. 11±15; Tables 12±21; removal of former sec. 7.7.6. 8082A* ...... Polychlorinated Biphenyls (PCBs) by 1.3; 1.9; 4.2; 4.2.3.3; 5.2; 5.6.3; 5.9.3; 5.10; 6.2; 7.1.1; 7.1.3; 7.5; 7.6.2.3; 7.6.2.4; Gas Chromatography. 7.6.3; 7.6.6; 7.6.8; 7.7; 7.8.3; 8.2.1; 8.2.2; 8.3; 8.3.1±8.3.3; 8.5; 9.4; 9.4.1± 9.4.3; 9.5; 9.6; 9.7; 10.0 Refs. 11±14; Tables 11±22; Figures 1±6; removal of former secs. 7.10.4, 7.10.5, 8.3.1.1, and 8.3.1.2. 8141B* ...... Organophosphorus Compounds by Gas 1.1; 1.6; 1.7; 2.1.1; 2.1.2; 2.2; 4.2; 5.4.2; 5.4.3; 6.2; 7.1; 7.2; 7.2.1±7.2.5; 7.3; Chromatography. 7.3.1±7.3.3; 7.4; 7.5; 7.5.1±7.5.2; 7.7; 7.7.1±7.7.3; 7.8; 7.8.1±7.8.3; 7.9; 7.9.1± 7.9.4; 8.3; 8.3.1±8.3.3; 8.4; 8.4.1±8.4.6; 8.5; 8.6; 9.1±9.6; 10.0 Refs. 15 and 16; Tables 11±15; removal of former secs. 8.3.3.1, 8.3.3.1.1±8.3.3.1.5, 8.3.3.2, 8.7, 8.7.1±8.1.7.5. 8318A ...... N-Methyl Carbamates by High Perform- 1.1; 1.2; 1.3; 1.4; 2.1.1±2.1.3; 2.2; 2.3; 4.1; 4.1.4±4.1.7; 4.2±4.8.4; 7.1±7.9 (and ance Liquid Chromatography (HPLC). all subsections); 8.1±8.4 (and all subsections); 9.1; 9.3; 10.0 Ref. 7; Tables 5 and 6. 8321B* ...... Solvent-Extractable Nonvolatile Com- 1.1; 1.5±1.9; 2.2.2; 3.11; 4.2; 4.3; 4.3.1; 4.3.2; 4.19; 5.9; 5.15; 5.16; 7.1; 7.1.3; pounds by High Performance Liquid 7.3.1; 7.3.1.7; 7.4; 7.4.1±7.4.5; 7.5; 7.5.1±7.5.4; 7.6.1; 7.8.1.1; 7.8.1.2; 7.8.2.2; Chromatography/Thermospray/Mass 7.8.3; 7.9.4; 7.9.5; 7.10.3; 9.3±9.5; 10.0 Refs. 10 and 11; Table 2; Tables 18± Spectrometry (HPLC/TS/MS) or Ultra- 20; removal of former secs. 7.5.2.8, 8.2.4, 9.2, 9.2.1, and 9.2.2; removal of violet (UV) Detection. former Tables 3, 10, 13, 14, 17, 18, and 19.

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TABLE 1.ÐREVISED METHODS AND CHAPTERS OF SW±846 DRAFT UPDATE IVBÐContinued

Method No. Method or chapter title Sections or parts open for comment

9056A ...... Determination of Inorganic Anions by All parts. Ion Chromatography. 9210A ...... Potentiometric Determination of Nitrate All parts. in Aqueous Samples with Ion-Selec- tive Electrode. Note: The documents with an asterisk (*) were also in Draft Update IVA, dated January 1998, and are being released again as part of Draft Update IVB, with some revisions and a new date of November 2000.

TABLE 2.ÐNEW METHODS OF SW±846 DRAFT UPDATE IVB

Method no. Method title

1040 ...... Test Method for Oxidizing Solids. 1050 ...... Test Methods to Determine Substances Likely to Spontaneously Com- bust. 3546 ...... Microwave Extraction. 3815 ...... Screening Solid Samples for Volatile Organics. 4425 ...... Screening Extracts of Environmental Samples for Planar Organic Com- pounds (PAHs, PCBs, Dioxins/Furans) by a Reporter Gene on a Human Cell Line. 8085 ...... Compound-Independent Elemental Quantitation of Pesticides by Gas Chromatography with Atomic Emission Detection (GC/AED). 8095 ...... Explosives by Gas Chromatography. 8261 ...... Volatile Organic Compounds by Vacuum Distillation in Combination with Gas Chromatography/Mass Spectrometry (VD/GC/MS). 8510 ...... Colorimetric Screening Procedure for RDX and HMX in Soil. 8535 ...... Screening Procedure for Total Volatile Organic Halides in Water. 8540 ...... Pentachlorophenol (PCP) by UV-Induced Colorimetry. 9058 ...... Determination of Perchlorate Using Ion Chromatography with Chemical Suppression Conductivity Detection.

TABLE 3.ÐMETHOD REFERENCES PROVIDED BY SW±846 DRAFT UPDATE IVB

Method no. Method title

25D ...... Determination of the Volatile Organic Content of Waste Samples. 25E ...... Determination of Vapor Phase Organic Concentration in Waste Sam- ples. 207±1 ...... Sampling Method for Isocyanates. 207±2 ...... Analysis for Isocyanates by High Performance Liquid Chromatography (HPLC).

Dated: November 17, 2000. ACTION: Advance notice of proposed have conducted research on the Matthew Hale, rulemaking. feasibility of improving visibility to the Acting Director, Office of Solid Waste. rear of these vehicles. This research SUMMARY: On June 17, 1996, NHTSA shows that a substantial area directly [FR Doc. 00–30111 Filed 11–24–00; 8:45 am] published a notice requesting comments BILLING CODE 6560±50±U behind straight trucks can be made on a petition for rulemaking asking us visible for the driver with rear cross- to require convex cross-view mirrors on view mirrors. Based on comments we the rear of the cargo box of stepvan and DEPARTMENT OF TRANSPORTATION receive on this notice, we plan to walk-in style delivery and service trucks develop a proposal for a performance to allow drivers to see children behind requirement for straight trucks to detect National Highway Traffic Safety the trucks. In addition to reviewing the Administration objects directly behind the vehicle to six public comments on our notice, we prevent pedestrian deaths when the have also gathered and evaluated data to vehicle backs up. 49 CFR Part 571 quantify the size of this safety problem. DATES [Docket No. NHTSA 2000±7967; Notice 1] If off-road fatalities by vehicle type : Comments must be received on occurred in the same proportion as on- or before January 26, 2001. RIN 2127±AG41 road fatalities, an estimated 114 of these ADDRESSES: Comments must refer to the Federal Motor Vehicle Safety Standard deaths annually would involve straight docket and notice numbers cited at the No. 111, ``Rearview Mirrors''; Rear trucks over 10,000 pounds gross vehicle beginning of this notice and be Visibility Systems weight rating (GVWR). These vehicles’ submitted to: Docket Management, on-road backup fatality death rate per Room PL–401, 400 Seventh Street, SW., AGENCY: National Highway Traffic vehicle mile traveled is eight times the Washington, D.C. 20590. The Docket Safety Administration (NHTSA), backup fatality rate of the second Section is open on weekdays from 10:00 Department of Transportation (DOT). highest vehicle type. In addition, we a.m. to 5 p.m.

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FOR FURTHER INFORMATION CONTACT: For described in the notice, used on certain Federal standard mandating rear cross- nonlegal issues: Mr. Chris Flanigan, commercial and recreational vehicles, view mirrors on certain trucks will serve Office of Crash Avoidance Standards, was rear video cameras to give the to reduce backing crashes. ATA NHTSA, 400 Seventh Street, SW, driver a view of the blind spot. recommended that the selection of a Washington, D.C. 20590. Mr. Flanigan’s Although these approaches were more system to assist drivers in backing be telephone number is: (202) 366–4918. costly than cross-view mirrors, NHTSA left to the discretion of the consumer. His facsimile number is (202) 366–4329. believed they were also promising ATA claimed that, based on its analysis Please note that written comments countermeasures that should be and talks with drivers of vehicles should be sent to the Docket Section investigated further. equipped with rear cross-view mirror rather than faxed to the above contact We announced that we were initiating systems, useful information from rear person. a research program to collect data on the cross-view mirrors is no longer available For legal issues: Mr. Steve Wood, extent to which low cost mirror systems when the distance between the rear Office of the Chief Counsel, NHTSA, can improve the driver’s view in the cross-view mirror and the front rear 400 Seventh Street, SW, Washington, obstructed view areas behind view mirror exceeds 6.1 meters (m) and D.C. 20590. Mr. Wood’s telephone commercial vehicles. At that time, we that dimension can be considered to number is: (202) 366–2992. told the public it would take several establish the maximum range for the SUPPLEMENTARY INFORMATION: years to complete this data collection system. ATA also said that rear cross- and analysis. view mirrors are most effective at I. Background We also announced that we were mounting heights under eight feet as Mr. Dee Norton petitioned NHTSA in working with the Consumer Product opposed to top corners locations on 1995 to amend its mirror standard Safety Commission to gather data on cargo bodies. Additionally, ATA noted (Federal Motor Vehicle Safety Standard motor vehicle backing crashes that that there are many vehicles having a No. 111, 49 CFR 571.111) to require occurred off public roads (for instance, 10,000 to 26,000 lb. GVWR that are not convex cross-view mirrors on the rear of in parking lots, driveways, etc.), and so vans and that use body configurations the cargo box of stepvan and walk-in would not be available in NHTSA’s that are unacceptable for rear cross-view style delivery and service trucks. Mr. databases. NHTSA also stated that the mirror technology—such as flat beds, Norton said that his petition was requirements in Federal Motor Vehicle stake bodies, dump trucks, tow trucks, motivated by a desire to prevent any Safety Standard No. 111, ‘‘Rearview tradesmen and mechanics bodies, and more tragedies like the fatal crash that Mirrors,’’ do not address the visibility of the common light duty pick-up truck killed his three-year-old grandson, C.J. the area directly and immediately bed. Finally, ATA asked that if NHTSA Norton. C.J. was killed when he was behind a vehicle. Accordingly, Standard were to proceed with rulemaking, it struck and backed over by a diaper No. 111 does not preempt any State should develop a performance standard. delivery truck backing out of a parking from requiring rear cross-view mirrors Hylant MacLean (HM) commented stall in an apartment parking lot. Mr. on vehicles. Our notice concluded by that, as long ago as 1991, cameras Norton told us that the driver of the asking a series of specific questions became the preferred device for Waste delivery truck did not know a child was about the safety effectiveness of rear Management of North America trucks behind the truck and could not see the cross-view mirrors, any problems with and that monitor systems cost as low as area directly behind the truck in the those mirrors, cost estimates for the $200. HM also states that the truck’s rearview mirrors. Mr. Norton mirrors, and any alternatives to rear effectiveness of camera systems was asked that this situation be remedied by cross-view mirrors the commenter much greater than mirrors since mirrors NHTSA requiring a convex cross-view wanted the agency to evaluate. are difficult to keep adjusted properly, mirror on the left rear top corner of the III. Comments Received are affected by glare, easily become cargo box of these trucks. dirty, and are just plain difficult to see We received six comments in anything in. HM supports the II. NHTSA’s Federal Register Notice response to our Federal Register notice. requirement for installation of backing In response to Mr. Norton’s petition, The International Brotherhood of safety devices, but does not recommend we published a Notice of Request for Teamsters (IBT) commented that a limiting that application to mirrors. Comments on June 17, 1996 (61 FR courier company achieved more than a Advocates for Highway and Auto 30586). This notice asked the public for 30% reduction in backing crashes with Safety (Advocates) agreed with HM’s information about the effectiveness of rear cross-view mirrors installed on comment on this last point. Advocates rear cross-view mirrors, as well as the 65% of their delivery vans. urged us to address the situation more cost of those mirrors and any Additionally, IBT said that backing broadly than by a design-oriented operational problems those mirrors crashes account for more than 25% of solution of rear cross-view mirrors. would present for users of these trucks. all courier crashes. IBT does not believe Advocates believes that a system to In addition, the notice described the this subject should be sent back to the provide a reasonable level of rear research work that we had been states for 50 separate responses, but detection, even if inferior to the conducting to determine alternative believes that Federal action would be expensive powered electronic systems measures for preventing backing the best way to resolve the current described in our notice, could be crashes. This work includes external problem. IBT concluded by saying that valuable to provide a reasonable level of audible alarms that sound when trucks many of its members have been struck rear detection. Finally, Advocates are backing, as well as in-vehicle and some killed by trucks that were recommended that property damage be warning systems and mirrors. Generally backing up, and IBT supports the effort considered when calculating benefits speaking, the external audible alarms to require rear cross-view mirrors on the from this action. are ineffective with young children. The left rear corner of the cargo box of step- Caliber System, Inc. (Caliber) in-vehicle warning systems, which vans and walk-in style delivery and challenged the agency’s interpretation of typically use ultrasound, radar, or service trucks. 49 U.S.C. 30103(b), which allows states infrared to detect the presence of nearby The American Trucking Associations, to regulate rear cross-view mirrors on objects, were still in the early stages of Inc. (ATA) was less supportive. In fact, vehicles-in-use. In the Request for development. Another approach ATA said that it does not believe a Comments, the agency outlined the

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State of Washington’s belief that it, and where someone is backed over in a road backing fatalities. FARS data show any other State, was prohibited from driveway, parking lot, or other non- the following for 1991–1997 on-road requiring cross-view mirrors due to roadway locations. pedestrian and pedalcyclist deaths in Standard No. 111’s applicability. The We decided to address this gap in our backing crashes: agency disagreed with this position in data by working with the National the Request for Comments. Moreover, Center for Health Statistics (NCHS) to CUMULATIVE NUMBER OF PEDES- since the notice was published, the gather data on the involvement of TRIANS AND PEDALCYCLISTS KILLED State of Washington has enacted a law children with motor vehicles in non- IN ON-ROAD BACKING CRASHES highway injuries and fatalities. NCHS to require delivery vehicles up to 5.5 m [FARS data from 1991±1997] in length to be equipped with driver obtains information on the cause(s) of warning backup alerts or rear-mounted death, as recorded on individual death Number of cross-view mirrors. This requirement certificates, from each of the 50 states, Vehicle type people killed became effective September 30, 1998. the District of Columbia, and the five The agency disagrees with Caliber and boroughs of New York City. NCHS and Passenger car ...... 129 continues to maintain the position that FARS data for 1992 and 1993 were used Light truck/van ...... 139 cross-view mirrors can be required in this study to obtain average annual Bus ...... 1 estimates of the number of fatalities Straight truck over 10,000 individually by States. lbs. GVWR ...... 81 Finally, the Easter Seal Society of associated with off-road and on-road Combination truck ...... 15 Washington commented that they fatal backing crashes for children aged Unknown truck over 10,000 supported the NHTSA research into the 1–4 and for all other ages. This work is lbs. GVWR ...... 12 effectiveness of having rear cross-view described in detail in a Research Note Other ...... 2 mirrors required on all delivery trucks. prepared by NHTSA published in Unknown ...... 2 February 1997 and titled Nonoccupant IV. Size of the Safety Problem Fatalities Associated With Backing Total ...... 381 a. Number of Victims Crashes. The Research Note identified 85 on-road (FARS) and 390 off-road From looking only at these numbers, To decide upon the appropriate average annual backing fatalities for the it would appear that the backing crash agency response, we needed to 1992–1993 time period, with the very problem primarily involves light determine the problem size, i.e., gather young (children aged one to four) being vehicles. However, we do not believe data on the annual number of incidents significantly over-represented as this is a complete assessment of the of people being backed over by a motor victims. A copy of this is in the docket problem. It is not sufficient to consider vehicle of any type or size. We began by under NHTSA–98–4308. absolute numbers of deaths. One must searching our own Fatality Analysis also consider relative risk. This is done Reporting System (FARS) data and b. Vehicle Type Involvement in Backing by using the number of vehicles in the found an average of 85 victims for the Crashes fleet and the miles driven to calculate years 1992 and 1993. However, by Unlike NHTSA’s FARS data, the the rate of backing deaths for different design, a fatality is included in the NCHS data collected from death vehicle types. We have done this by FARS database only if a motor vehicle certificates does not record the vehicle using estimates of registered vehicles is involved in a crash while traveling on type that backed over the victim. As and vehicle miles traveled information. a roadway customarily open to the noted in the Research Note on backing The following breakdown of on-road public. This excludes other likely crashes, there are about four times as fatality rate information is based on scenarios for backing deaths, e.g., events many off-road backing fatalities as on- cumulative 1991–97 data:

RATE OF ON-ROAD FATAL BACKING CRASHES [Cumulative FARS Data from 1991±1997]

Pedestrians and pedal cy- Pedestrians and pedal cy- clists killed by a backing clists killed by a backing Vehicle type vehicle per million vehicle per 100 billion registered vehicles vehicle miles traveled

Passenger cars ...... 0.15 ...... 1.26 Light trucks/vans ...... 0.33 ...... 2.80 Combination trucks ...... 1.42 ...... 2.21 Straight trucks over 10,000 lbs. GVWR ...... 2.71 ...... 21.89

The data on rates of fatal backing bus-related fatalities in the FARS data V. Information and Activities Since the crashes suggest that the problem is most on backing crashes (a total of one death Last Comment Period acute for straight trucks. This in seven years). Transit and school a. Agency Research experience is consistent with Mr. buses are typically driven on a set route, Norton’s observation that the driver of which is designed to avoid to the extent NHTSA has conducted research to the straight truck has no way of possible situations in which the bus quantify the visibility provided by the knowing if a pedestrian is directly must back up. Thus, the way the vehicle current state-of-the-art rear cross-view behind the truck when the driver is is driven impacts its susceptibility to mirror designs. Our research also backing up. The agency notes that buses backup fatalities. compared several prototype mirrors in seem to have rearward visibility terms of the ability of drivers to use problems similar to those of straight them to detect objects. The agency trucks, but there is a near absence of believes this research shows that good

VerDate 112000 17:05 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\27NOP1.SGM pfrm02 PsN: 27NOP1 70684 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Proposed Rules current designs of rear cross-view of the legislation created it in response part of a $400 option package that mirrors can provide high detection and to incidents like one that occurred in includes a garage door opener. recognition rates in a 3 m by 3 m area Ulster County where a five-year-old boy BMW also has an optional rear object directly behind a large step van with the was killed by a delivery truck backing detector system with five sensors rear cross-view mirror. This area was out of his driveway. intended to prevent property damage in determined based on two factors. First, As we noted in our Request for backing. BMW states that its Park the 3 m distance behind the vehicle is Comments, any nonidentical state Distance Control is more of a vehicle based on stopping distance data standards would be preempted if this parking aid for proximity with a range gathered in previously conducted rulemaking culminates in the issuance of 1.2 m than an actual object detection research (Hardstem, Huey, Lerner, and of a NHTSA safety standard for system. Its retail price is $350. Steinberg (1996)). This distance behind detecting people to the rear of vehicles. The Mercedes-Benz Parktronic system the vehicle provides a small margin of However, we would carefully consider utilizes 10 sensors with ranges up to 1.2 safety over these data. Second, the 3 m all existing state laws in deciding upon m. The Mercedes-Benz of North along the rear of the vehicle would what performance requirements should America press release states that the ensure that the entire area along the be adopted in a Federal standard. system may detect children as well as vehicle’s bumper could be visible. The As part of a labor settlement, United bumpers, but no further details are cross-view mirror research also showed Parcel Service had agreed to study rear known. that the mirror must be mounted to cross-view mirrors on its delivery vans. Thus, rear systems that detect some within 5 m from the driver’s side mirror. Since then, UPS said that it would inanimate objects are not ‘‘Star Wars’’ Beyond 5 m, the images became too install video monitoring equipment on technology; instead, they are being small to recognize. This research is its fleet by October 2001 (see Transport offered on vehicles right now. These published as Rear Cross-View Mirror Topics, August 28 2000, page 4). There systems may be more effective than Performance: Perception and Optical are many other fleets with rear cross- mirrors because they offer an audible or Measurements, DOT HS 808 824. A view mirrors, such as Federal Express, visual alert, instead of relying on the copy of this is in the docket under the United States Postal Service, and driver to check the rear cross-view NHTSA–98–4308. various regional telephone companies mirror to be alerted to people behind the and delivery services and with other b. Other Developments vehicle. They are, however, relatively rear systems. The experience of any fleet expensive technologies that do not Since the request for comments was with and without rear cross-view presently reliably detect pedestrians. published, the State of Washington has mirrors or any other rear-of-vehicle Rear video camera systems are already enacted a law to require delivery detection or vision system is very used on certain commercial and vehicles up to 5.5 m in length to be pertinent information for this recreational vehicles. These rear video equipped with driver warning backup rulemaking action. Please submit any cameras are linked with a monitor alerts or rear-mounted cross-view information, test reports, studies, and inside the cab to provide the driver with mirrors. This requirement became etc. on the success and benefits of your a view of the area directly behind large effective September 30, 1998. The use of such devices. trucks. Their cost is not as low as rear implementing rules in Washington Several commonly used vans and cross-view mirrors. allow driver warning backup alert passenger cars are now available with devices to be any type of motion optional rear object detection systems VI. Agency Decision to Develop a detection device, laser device, camera, that are advertised and intended for use Proposal or television device that will warn the as parking aids—not pedestrian A. Vehicles Covered driver of the presence of a person or detectors. Ford, GM, BMW and object at a minimum distance of 1.8 m Mercedes-Benz have devices that are The data indicating that 475 people to the rear of the vehicle across the claimed to reliably detect when the are killed in backing crashes each year entire width of the rear of the vehicle. vehicle is about to back into a pole, but has led NHTSA to the conclusion that Similarly, Washington rules allow rear not when it is about to back into a it should consider proposing Federal cross-view mirrors to be any type, person. Ford’s Reverse Sensing System requirements. However, we are inclined provided that those mirrors allow the is an optionally available ultrasonic to limit the application of potential driver of the delivery truck to view a system on its 2000 Windstar minivans at Federal requirements in this area to minimum distance of at least 1.8 m to a suggested retail price of $245. This straight trucks with a GVWR of more the rear of the vehicle across the entire system uses four sensors and has a range than 10,000 pounds, but not more than width of the rear of the vehicle. NHTSA of up to 1.8 meters. The system is 26,000 pounds. This is based on the is aware that some other States are also promoted as a low-speed parking device information from FARS showing the considering such legislation. for assisting drivers making maneuvers rate of fatal backing crashes for these In August of 2000, legislation that in detecting large and fixed objects to vehicles is substantially greater than would have required trucks with the rear of a vehicle—not as a safety that of other vehicles. In addition, this delivery bays longer than 2.6 m to be feature. Information from Ford states is based on the fact that the blind spot equipped with cross-view mirrors or that the system consistently detects the behind these vehicles is large and there video cameras in the State of New York following objects: a shopping cart, a is nothing the driver can do to see in was vetoed by its Governor. While the lamp post and other barriers or types of that area. NHTSA is aware that there is Governor of New York believed that the posts. Additionally, information from also a blind spot for cars and light legislation was ‘‘well-intentioned,’’ it Ford states that the system will not trucks, but notes that it is substantially was reported that he believed it was detect, or will detect only smaller, in part because most light flawed because it did not account for inconsistently, low-lying objects with vehicles have interior rear view mirrors other rear object detections systems, rounded edges and/or objects with a and rear windows, which many straight such as sonar-based ones. Some of these high capacity for sound wave trucks do not have. We also note that are described below. The authority of absorption. the rearward visibility for buses should local police to enforce civil penalties GM’s Cadillac Ultrasonic Rear Parking be somewhat similar to straight trucks. also presented a problem. The sponsors Assist (supplied by Bosch) comes as As noted above, however, our FARS

VerDate 112000 17:05 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\27NOP1.SGM pfrm02 PsN: 27NOP1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Proposed Rules 70685 data show only one fatal backing crash system (e.g., ambient lighting, contrast, VII. Questions on Which Answers and for buses over a seven year period. etc.), the required target detection area, Comments Are Requested Given these data, we are not inclined to the characteristics of the targets, A. Concerning Rear Cross-View Mirrors cover buses in this rulemaking. acceptable information for the driver However, NHTSA is concerned that (such as the characteristics of the in- 1. Would limiting installation of rear- the absolute numbers of vehicles vehicle audible alarm for detector cross-view mirrors to maximum side involved in fatal backing crashes systems, which might vary with the and rear cross-view mirror separation distances of 5 m assure adequate image indicate that something should be done proximity to the target) and other size without specifying a minimum size to improve the situation for drivers of parameters requisite for safety. NHTSA and image distortion and a test cars and light trucks. At present, there is interested in learning what the public are practicability and effectiveness procedure to measure compliance? If believes should be considered questions regarding the issue of what not, what minimum image size and acceptable performance criteria. can be done to reduce fatal backing image distortion criteria must be crashes involving cars and light trucks. NHTSA always tries to establish specified to assure adequate mirror For instance, rear cross-view mirrors standards that are as performance- performance? What types of objective present special problems for cars and oriented as possible. We specify the criteria should be specified to assure light trucks because of the size of the required safety performance that must adequacy? How should the values for mirror needed relative to the size of the be achieved and allow manufacturers to those criteria be selected? Provide the vehicle and because it would be select whatever means they prefer to basis for your answers. difficult to mount the mirrors high achieve the specified performance. In 2. Is the 3 m by 3 m area being enough on cars and most light trucks so this case, we plan to develop a considered an appropriate size for the that the mirrors would not themselves performance standard that would rear detection area? Would it be be a hazard to pedestrians and cyclists. specify conditions under which the appropriate to allow vehicles to Further, it is unlikely that the public driver either must be provided with a partially meet the standard with the field of view provided with the side would accept a cross-view mirror due to view, or must be alerted to the presence view mirrors or would the cross-view the aesthetic problems it would create. of a pedestrian, in an area of 3 m by 3 mirrors have to provide the full view? For this reason it is highly unlikely the m directly to the rear of the truck. This agency would ever pursue this mirror Should the requirements be similar to would permit manufacturers to select the existing field of view requirements solution for passenger cars or light from rear cross-view mirrors, rear object trucks, except possibly for windowless of school buses, where an array of detector systems, or rear video systems, vans and similar vehicles. objects is placed in the rear of the Another way to improve rearward among presently-available technologies. vehicle for determination of the field of visibility in these vehicles would be to However, we would propose to limit the view? Should the requirements be based use rear video systems. However, this is applicability of rear cross-view mirrors on detecting objects as small as a young very expensive. Further, it may be to situations where the mirrors are no child laying on the ground? difficult to install a monitor large more than 5 m from the driver’s side 3. Should any truck equipped with an enough to offer a helpful view in a outside rear view mirror. This limitation OSHA specified exterior, audible location where it could be seen by the would be based on our research finding backup alarm system be excluded from driver, yet would not pose an interior that the image size in the mirror is too these performance requirements. For injury hazard in the event of a crash. small at greater distances. We would example, would the tailgate shock and Rear object detector systems are yet like the public to comment on this vibration on a dump truck cause another way to reduce the risk of fatal intended position and on the research premature failure of mirrors, as well as backing crashes in cars and light trucks. that supports this tentative conclusion. other detectors and cameras? Please However, as noted above, there are not provide all available data to support yet commercially available systems that C. Contemplated Effective Date your views. What information is can reliably detect pedestrians and We would contemplate that these new available on the effectiveness of OSHA children to the rear of the vehicle. The requirements to prevent backing deaths exterior audible backup alarm systems agency will reevaluate the need for and go into place beginning with vehicles especially for non-work zone areas where small children are present? What practicability of means of avoiding fatal manufactured one year after publication information is available for comparing backing crashes as technology of a final rule. This relatively quick exterior audible alarms with a direct or progresses and performance is implementation is based on the indirect vision and detection system? improved. However, public comment is simplicity of attaching rear cross-view specifically invited on the agency’s 4. NHTSA currently is considering a mirrors on straight trucks. It would not test for visibility that would be current intentions of limiting the involve substantial engineering efforts requirements to straight trucks with a conducted on crushed gray stone or changes in the manufacturing GVWR between 10,000 and 26,000 surfaces in full cloud cover conditions process. Manufacturers would likely pounds. We are especially interested in with low reflectance, monotone targets need more time to implement the more the data and analysis the commenter (cylinders) which are about one foot in technically demanding systems (rear believes supports covering additional height and one foot in diameter. Are object detection and rear video). It is not groups of vehicles. there any comments on these conditions The agency is unaware of any our intent to limit solutions to mirrors. and how to specify them? Are there any industry or international requirements However, it appears we are not at a other conditions which the agency regarding the cross-view mirrors. We point where these other systems are should consider in the requirements? would appreciate any information understood well enough to specify 5. Some straight trucks may not be commenters may be aware of on this. desired or undesired performance, able to use the existing designs of cross- which may prevent them from being view mirrors. Is there a mirror design B. Required Performance viable alternatives to mirrors. But, we that would be practicable for vehicles A performance standard would request comment on this tentative whose design is other than a rectangular specify the test environment for the conclusion. solid?

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B. Concerning Rear Video Systems depending on the conditions; is this a Accordingly, it does not appear to be 6. What minimum image size should valid assumption? Are efforts currently economically significant. If NHTSA be specified for systems using a video underway to increase the range of the proceeds to a notice of proposed screen? In lieu of specifying an image sensors so they could be effective at rulemaking in this area, the agency will size, should we specify a minimum size backing speeds above 3 mph? have more detailed estimates of both the 15. Is it necessary to specify rain, fog, for the video screen? What size should costs and safety benefits, that would be temperature and wind extremes in the be specified? Should it be color or black based on a more defined proposal. performance tests to assure that rear and white? object detection systems will perform IX. Procedures for Filing Comments 7. NHTSA currently is considering acceptably in the real world? If so, tests for video systems on crushed gray Interested persons are invited to please suggest appropriate conditions. If stone surfaces in full cloud cover submit comments on this request for not, please explain why. conditions with low reflectance targets comment. Comments must not exceed (cylinders) which are about one foot in D. Other Questions 15 pages in length. (49 CFR 553.21). Necessary attachments may be height and one foot in diameter. Are 16. For manufacturers who have appended to these submissions without there any comments on these conditions installed cross-view mirror systems or regard to the 15-page limit. This or procedures? an other equivalent system, have the limitation is intended to encourage 8. Should NHTSA specify a location property damage benefits outweighed commenters to detail their primary for the video screen? Obviously, we the cost of installing the devices? Please arguments in a concise fashion. want the images to be easy for the driver provide details if possible. to see, but we do not want the screen 17. Does the State of Washington’s If a commenter wishes to submit to be in a position where it would pose backup alert device range requirement certain information under a claim of a hazard to the driver in a crash or of 1.8 m rearward, assure adequate confidentiality, three copies of the where it would distract the driver. protection for children and pedestrians complete submission, including Please provide whatever data are behind moving trucks, or is it purportedly confidential business available to support your appropriate to extend it out to 3 m, as information, should be submitted to the recommendations. NHTSA is considering? Please provide Chief Counsel, NHTSA, at the street 9. Should NHTSA require video all data that support your position. address given above, and seven copies systems to provide a system failure alert 18. Because the states can regulate all from which the purportedly confidential to warn the driver of a system problem? vehicles-in-use, and also by type of use, information has been deleted should be If so, what performance requirements as opposed to NHTSA’s authority over submitted to the Docket Section. A should be established for the system only new vehicles, would it be better to request for confidentiality should be failure alert? If not, please explain why. allow states to address this safety accompanied by a cover letter setting 10. Should NHTSA conduct human problem? Please explain your reasoning. forth the information specified in the factor analysis to examine the interface 19. NHTSA’s vehicle categories are agency’s confidential business between video screen and drivers? rather generic compared to those used information regulation. (49 CFR Part 11. The existence and use of a video by states which more fully describe the 512). monitor/screen for any reason is appearance and intended use. Should All comments received before the prohibited by a number of states’ laws. NHTSA proceed to define sub-categories close of business on the comment What have been the consequences of of vehicles? If so, why, and how could closing date indicated above for the these laws on the installation and use of it be done? proposal will be considered, and will be rear video systems? 20. With NHTSA’s recently acquired available for examination in the docket C. Concerning Rear Object Detection ability to require retrofitting of safety at the above address both before and Systems devices on commercial motor vehicles, after that date. To the extent possible, we would like information on the costs comments filed after the closing date 12. What surface characteristics, and complexities of retrofitting the signal absorption or other characteristics will also be considered. Comments applicable trucks with cross-view received after the comment due date value should be specified for the mirrors. This information would be targets? Are there any data available on will be considered as suggestions for helpful in the event that we include any future rulemaking action. the ultrasonic wave absorption and retrofitting in a future proposal. radar reflection of children and other Comments on the request for comment pedestrians in various types of clothing, VIII. Executive Order 12866 and DOT will be available for inspection in the and on the required temperature(s) of Regulatory Policies and Procedures docket. The NHTSA will continue to file the target for infrared sensor detection? The Office of Management and Budget relevant information as it becomes How quickly would/should a backing has informed NHTSA that it will not available in the docket after the closing driver be alerted to the presence of a review this rulemaking action under date, and it is recommended that child who walks into the path of a Executive Order 12866. It has been interested persons continue to examine backing vehicle? determined that the rulemaking action the docket for new material. 13. Should NHTSA specify tests to is not significant under Department of Those persons desiring to be notified ensure system detection accuracy and Transportation regulatory policies and upon receipt of their comments in the reliability, or would demonstrating procedures. Our cost estimate, is about rule’s docket should enclose a self- performance under the conditions in $75 for an installed OEM cross-view addressed, stamped postcard in the our performance test be adequate? mirror. Based on 1996 sales data, we envelope with their comments. Upon 14. One problem with the sensors in estimate that about 137,000 trucks receiving the comments, the docket rear object detection systems is that greater than 10,000 but less than 26,001 supervisor will return the postcard by currently, they are only effective at low lbs. Gross Vehicle Weight Rating mail. backing speeds (a maximum of (GVWR) were sold that would likely be Authority: 49 U.S.C. 322, 30111, 30115, approximately 3 mph). The agency regulated. Thus, the potential costs 30117, and 30166; delegation of authority at believes that backing speeds vary greatly would be in the range of $10.3M. 49 CFR 1.50.

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Issued on: November 20, 2000. refer to the Docket Number (NHTSA– were considered to yield the biggest Noble N. Bowie, 7938) and be submitted in two copies. safety gains for child motor vehicle Acting Associate Administrator for Safety If you wish to receive confirmation of occupants. Performance Standards. receipt of your written comments, The draft plan focuses on three [FR Doc. 00–30054 Filed 11–24–00; 8:45 am] include a self-addressed, stamped strategies. The first strategy in the plan BILLING CODE 4910±59±P postcard. examines ways to increase restraint use Comments may also be submitted to among all children and to ensure that the docket electronically by logging onto the appropriate restraint systems are DEPARTMENT OF TRANSPORTATION the Docket Management System website used correctly. NHTSA estimates that if at http://dms.dot.gov. Click on ‘‘Help & all children aged 0–4 years old were National Highway Traffic Safety Information’’ to obtain instructions for restrained in safety seats, 173 lives Administration filing the comment electronically. In could have been saved in 1998. every case, the comment should refer to Additional studies have shown that as 49 CFR Part 571 the docket number. many as 68 additional deaths to [Docket No. NHTSA±7938] The Docket Management System is children aged 0–6 years old could be located on the Plaza level of the Nassif prevented each year by eliminating Child Restraint Systems Safety Plan Building at the Department of misuse of safety seats. The agency Transportation at the above address. AGENCY: conducts national campaigns to educate National Highway Traffic You can review public dockets there Safety Administration (NHTSA), DOT. the public about the importance of between the hours of 9 a.m. and 5 p.m., buckling children into child restraint ACTION: Request for comments. Monday through Friday, except Federal systems. SUMMARY: This document announces the holidays. You can also review The second strategy is to improve availability of a planning document that comments on-line at the DOT Docket existing standards for the performance describes the agency’s ongoing and Management System web site at ‘‘http:/ and testing of child restraint systems. planned initiatives to improve the safety /dms.dot.gov/.’’ Since NHTSA first began regulating of motor vehicle occupants from birth FOR FURTHER INFORMATION CONTACT: Dr. child safety seats in 1971, the agency through age 10. To realize our goal to Cathy Gotschall, Office of Plans and has instituted numerous improvements have every child be protected by an Policy, NPP–12, National Highway to the original Federal safety standard, appropriate, and properly used child Traffic Safety Administration, Room including the incorporation of dynamic restraint system on every trip, NHTSA 5208, 400 Seventh Street, SW, performance testing, labeling has developed a child restraint system Washington, DC 20590. Telephone: improvements, and the recent plan that employs three key strategies: 202–366–1653. Email: introduction of a simplified, Encourage correct use of child restraints [email protected]. standardized system for anchoring for all children; ensure that child SUPPLEMENTARY INFORMATION: In safety seats in cars. This system, called restraint systems provide optimal February 2000, NHTSA held a public the Lower Anchors and Tethers for protection; and provide consumers with meeting to discuss child restraint Children (LATCH) system, may save as useful information on restraining their system issues. Soon after that meeting, many as 50 lives and avert up to 3,000 children. For each of the defined Senator Fitzgerald (R-Illinois) serious injuries annually. In addition to strategies, the plan provides background introduced ‘‘The Child Passenger Safety research and the rulemaking initiatives information, describes recent agency Act of 2000’’ (S. 2070). A similar bill described in this plan, NHTSA has actions, and presents ongoing and (H.R. 4145) was introduced in the House urged child seat manufacturers to planned programs to achieve our goals. by Congressman Shimkus (R-Illinois) . increase the margin by which they NHTSA seeks public review and On May 16, 2000, Deputy Administrator comply with the existing standards. comment on the planning document. Millman testified before the House The safest child restraint systems Comments received will be evaluated Commerce Committee Subcommittee on available can prevent death and injury and incorporated, as appropriate, into Telecommunications, Trade and only if they are purchased and used the planned agency activities. Consumer Protection. At that hearing, correctly. The final strategy calls for DATES: Comments must be received no she discussed the agency’s child improved mechanisms for getting safety later than December 22, 2000. passenger safety programs and stated information to consumers. The agency ADDRESSES: Interested persons may that the agency would release a child works closely with states, health obtain a copy of the planning document restraint system plan for public communities, law enforcement agencies, by downloading a copy of the document comment. and safety advocates to disseminate from the Docket Management System, NHTSA put together nine teams of information to parents and caregivers on U.S. Department of Transportation, at agency experts to review all of the the correct installation and proper use the address provided below, or from recommendations from the public of child restraint systems. NHTSA is NHTSA’s website at http:// meeting and from the House and Senate committed to improving the information www.nhtsa.dot.gov/people/injury/ Bills and other sources. On November 1, it provides to consumers both on the childps. Alternatively, interested 2000, the Transportation Recall performance and proper use of child persons may obtain a copy of the Enhancement, Accountability and restraint systems as well as on defect document by contacting the agency Documentation (TREAD) Act was investigations and safety recalls. officials listed in the section titled, FOR enacted. Section 14 of the TREAD Act This document announces the FURTHER INFORMATION CONTACT, requires NHTSA to conduct rulemaking availability of the document for public immediately below. on side impact testing for child review and comment. The plan will be Submit written comments to the restraints and to consider several other posted on NHTSA’s website on Docket Management System, U.S. related rulemaking actions. This draft November 20, 2000. Received comments Department of Transportation, PL 401, plan includes the requirements of the will be evaluated and incorporated, as 400 Seventh Street, SW, Washington, TREAD Act, as well as those appropriate, into the planned agency D.C. 20590–0001. Comments should recommendations from the public that activities.

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How Do I Prepare and Submit three copies of your complete How Can I Read the Comments Comments? submission, including the information Submitted by Other People? you claim to be confidential business Your comments must be written and You may read the comments by in English. To ensure that your information, to the Chief Counsel, NCC– 01, National Highway Traffic Safety visiting Docket Management in person comments are correctly filed in the at Room PL–401, 400 Seventh Street, Docket, please include the Docket Administration, Room 5219, 400 Seventh Street, SW, Washington, DC SW, Washington, DC from 10 a.m. to 5 number of this document (NHTSA– p.m., Monday through Friday. 7938) in your comments. 20590. Include a cover letter supplying Please send two paper copies of your the information specified in our You may also see the comments on comments to Docket Management or confidential business information the Internet by taking the following submit them electronically. The mailing regulation (49 CFR part 512). steps: In addition, send two copies from address is U. S. Department of a. Go to the Docket Management which you have deleted the claimed Transportation Docket Management, System (DMS) Web page of the confidential business information to Room PL–401, 400 Seventh Street, SW, Department of Transportation (http:// Docket Management, Room PL–401, 400 Washington, DC 20590. If you submit dms.dot.gov). your comments electronically, log onto Seventh Street, SW, Washington, DC the Docket Management System website 20590. b. On that page, click on ‘‘search.’’ at http://dms.dot.gov and click on ‘‘Help Will the Agency Consider Late c. On the next page (http:// & Information’’ or ‘‘Help/Info’’ to obtain Comments? dms.dot.gov/search/) type in the four- instructions. digit Docket number shown at the In our response, we will consider all beginning of this document (7938). How Can I Be Sure That My Comments comments that Docket Management Click on ‘‘search.’’ Were Received? receives before the close of business on d. On the next page, which contains If you wish Docket Management to the comment closing date indicated Docket summary information for the notify you upon its receipt of your above under DATES. To the extent Docket you selected, click on the comments, enclose a self-addressed, possible, we will also consider desired comments. You may also stamped postcard in the envelope comments that Docket Management download the comments. containing your comments. Upon receives after that date. receiving your comments, Docket Please note that even after the Authority: 49 U.S.C. 30111, 30117, 30168; Management will return the postcard by comment closing date, we will continue delegation of authority at 49 CFR 1.50 and mail. to file relevant information in the 501.8. Docket as it becomes available. Further, How Do I Submit Confidential Business some people may submit late comments. Sue Bailey, Information? Accordingly, we recommend that you Administrator. If you wish to submit any information periodically check the Docket for new [FR Doc. 00–30095 Filed 11–24–00; 8:45 am] under a claim of confidentiality, send material. BILLING CODE 4910±59±P

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Notices Federal Register Vol. 65, No. 228

Monday, November 27, 2000

This section of the FEDERAL REGISTER displays a currently valid OMB control The Minority Childhood Injury and contains documents other than rules or number. Occupational Health Survey will proposed rules that are applicable to the address (1) minority childhood Agricultural Research Service public. Notices of hearings and investigations, agricultural injuries and (2) committee meetings, agency decisions and Title: Grant Application Package occupational health of minority of rulings, delegations of authority, filing of OMB Control Number: 0518–0025 petitions and applications and agency female farm operators. This study will Summary of Collection: The provide estimates of childhood nonfatal statements of organization and functions are Agricultural Research Service (ARS) examples of documents appearing in this injury incidence and description of section. awards grant under the general injury occurring to children less than 20 authority of 7 U.S.C. 3318, delegated to years of age who reside, work, or visit the Administrator of ARS at 7 CFR part farms operated by minorities. DEPARTMENT OF AGRICULTURE 2, Sec. 2.65. ARS serves as the primary Need and Use of the Information: The research organization of the Department National Institute of Occupational Submission for OMB Review; of Agriculture and conducts in-house Safety Health will use the data to Comment Request research in over 100 ARS laboratories establish a measure of the number and focused on the critical needs of rate of childhood injuries associated November 20, 2000. American agriculture. ARS’ research with production agriculture, the specific The Department of Agriculture has mission involves the development and type of injuries sustained and to, submitted the following information execution of national strategies needed generate reports and disseminate collection requirement(s) to OMB for to mobilize resources, foster multi- information to all interested parties review and clearance under the disciplinary research, and link research concerning the findings. The study is Paperwork Reduction Act of 1995, to program and policy objectives critical in filling a gap regarding Public Law 104–13. Comments established by Congress and the occupational health problems specific to regarding (a) whether the collection of Department. ARS may accept minority or female farm owner/ information is necessary for the proper unsolicited research grant proposals operators. If the data were not collected, performance of the functions of the demonstrating merit in supporting and/ NIOSH would be unable to effectively agency, including whether the or stimulating a public purpose and target funds appropriated by Congress information will have practical utility; deemed to be complementary to the for the prevention childhood (b) the accuracy of the agency’s estimate ARS research mission. ARS will collect agricultural injuries. of burden including the validity of the information using several forms. Description of Respondents; Farms. methodology and assumptions used; (c) Need and Use of the Information: Number of Respondents: 60,500. ways to enhance the quality, utility and ARS will collect information to review Frequency of Responses: Reporting: clarity of the information to be applicant’s qualifications; to comply Other. collected; (d) ways to minimize the with applicable Departmental Total Burden Hours: 12,612. burden of the collection of information regulations governing Federal Agricultural Marketing Service on those who are to respond, including assistance; and to facilitate merit review of research proposals. Title: Regulation Governing through the use of appropriate Inspection, Certification, and Standards automated, electronic, mechanical, or Description of Respondents: Not-for- profit institutions; Business or other for- for Fresh Fruits, Vegetables and Other other technological collection Products—7 CFR part 51. techniques or other forms of information profit; Individuals or households; Farms; Federal Government, State, Local OMB Control Number: 0581–0125. technology should be addressed to: Desk Summary of Collection: The or Tribal Government. Officer for Agriculture, Office of Agricultural Marketing Act of 1946 Information and Regulatory Affairs, Number of Respondents: 2000. Frequency of Responses: Reporting: gives authorization to USDA to inspect, Office of Management and Budget certify and identify the class, quantity, (OMB), Washington, DC 20503 and to On occasion. Total Burden Hours: 800. quality and condition of agricultural Departmental Clearance Office, USDA, produce when shipped or received in OCIO, Mail Stop 7602, Washington, DC National Agricultural Statistics Service interstate commerce and to enter into 20250–7602. Comments regarding these Title: National Childhood Agricultural cooperative agreements with information collections are best assured Injury and Occupational Health Survey cooperating Federal-State inspection of having their full effect if received of Minority Farm Operators. Agencies that provide for this within 30 days of this notification. OMB Control Number: 0535–0235. inspection work. The Fresh Products Copies of the submission(s) may be Summary of Collection: Primary Branch of the Agricultural Marketing obtained by calling (202) 720–6746. function of the National Agricultural Service provides a nationwide An agency may not conduct or Statistics Service (NASS) is to prepare inspection and grading service for fresh sponsor a collection of information and issue state and national estimates of fruits, vegetables, and other products to unless the collection of information crop and livestock production under the shippers, importers, processors, sellers, displays a currently valid OMB control authority of 7 U.S.C. 2204(a). NASS has buyers and other financially interested number and the agency informs an interagency agreement with the parties on a ‘‘user-fee’’ basis. The use of potential persons who are to respond to National Institute of Occupational this service is voluntary and is made the collection of information that such Safety Health (NIOSH) to conduct available only upon request or when persons are not required to respond to surveys that target some of the same specified by some special program or the collection of information unless it population of minority farm operators. contact.

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Need and Use of the Information: the producer remains compliant with DEPARTMENT OF AGRICULTURE Various forms are used to collect program provisions. Without a certain information. Such information includes: level of information provided each crop Natural Resource Conservation the name and location of the person or year by the producer, a significant Service company requesting the inspection, the misuse of public funds could occur. Holbrook Lake Ditch Watershed, Otero type and location of the product to be Description of Respondents: Farms. inspected, the type of inspection being County, CO Number of Respondents: 650,175. requested and any information that will AGENCY: Natural Resource Conservation identify the product. The information Frequency of Responses: Reporting: Service, USDA. collected is needed to carry out the Annually. ACTION: Notice of a finding of no inspection and grading services. Total Burden Hours: 1,462,894. significant impact. Description of Respondents: Business Food and Nutrition Service or other for profit. SUMMARY: Pursuant to Section 102(2)(c) Number of Respondents: 51,800. Title: Disaster Food Stamp Program. of the National Environmental Policy Frequency of Responses: Reporting: Act of 1969; the Council on OMB Control Number: 0584–0336. On occasion. Environmental Quality Regulations (40 Total Burden Hours: 6,416. Summary of Collection: Section 5(h) CFR Part 1500); and the Natural of the Food Stamp Act along with other Resource Conservation Service related legislative authorities provide Regulations (7 CFR Part 650); the Title: Report of Acreage. for the Secretary of Agriculture to OMB Control Number: 0560–0004. Natural Resource Conservation Service, Summary of Collection: Land and establish temporary emergency U.S. Department of Agriculture, gives crop information is the basic foundation standards of eligibility for victims of a notice that an environmental impact upon which many of Farm Service disaster so that food assistance can be statement is not being prepared for the Agency (FSA) programs operate. The obtained. This assistance becomes Holbrook Lake Ditch Watershed Project, report of acreage is conducted on an effective in areas designated as a Otero County, Colorado. annual basis and is used by FSA’s ‘‘major’’ disaster in order to address For further information contact county offices to determine eligibility temporary food needs of families Stephen F. Black, State Conservationist, for benefits that are available to affected. The Food and Nutrition Natural Resource Conservation Service, producers on the farm. The actual Service (FNS) is delegated the 655 Parfet St., Lakewood, Colorado, number of producers who must supply responsibility to administer the program 80215–5517, telephone (303) 236–2886, information varies depending on (1) the and State agencies handle enrollment ext. 202. type of farming operation, and (2) the and general operation. In order to SUPPLEMENTARY INFORMATION: The mix of crops planted (which has a direct determine whether an individual is environmental assessment of this relationship to the type of program the eligible for emergency food stamp federally assisted action indicates that producer is eligible to participate in). In assistance an application form must be the project will not cause significant order to establish eligibility annually for completed. The State agencies must local, regional, or national impacts on these programs, a minimal amount of comply with certain reporting the environment. As a result of these land and crop data about a producer’s requirements to reconcile the findings, Stephen F. Black, State farming operation is required. The distribution of food stamps and account Conservationist, has determined that the information is subsequently used to for discrepancies. preparation and review of an ensure compliance with program Need and Use of the Information: environmental impact statement are not provisions, to determine actual FNS, through the State agencies, will needed for this project. production histories, and when disaster collect information from the public to The project purpose is to reduce occurs, to verify crop loss. Producers ensure that individuals who apply for selenium, sediment and other pollutant must provide the information each year emergency food stamps are eligible. loading to the Arkansas River due to because variables such as previous year Without information from these ineffective irrigation water utilization. experience, weather projections, market individuals, there would be no means The planned works of improvement demand, new farming techniques and for establishing whether assistance is include on-farm underground irrigation personal preferences affect the amount warranted. State reporting requirements pipelines, on-farm concrete irrigation of land being farmed, the mix of crops are necessary in order to ensure that ditches, land leveling, and underground planted, and the projected harvest. FSA States are accountable for the food drains. These enduring practices are will collect information verbally from stamp coupons it maintains and to accompanied by facilitating the producers during visits to the avoid fraud, waste, and abuse in the management practices such as Residue county offices. Food Stamp Program. Management (seasonal). Need and Use of the Information: FSA Description of Respondents: State, The Notice of a Finding of No will collect one or more of the following Local, or Tribal Government; Significant Impact (FONSI) has been data elements, as required: crop planted, Individuals or households. forwarded to the Environmental planting date, crop’s intended use (e.g., Protection Agency and to various Number of Respondents: 195,163. fresh or processing), type or variety (e.g., Federal, State and Local agencies and sweet cherries or tart cherries), practice Frequency of Responses: interested parties. A limited number of (irrigated or non-irrigated), acres, Recordkeeping; Reporting: On occasion; copies of the FONSI are available to fill location of the crop (tract and field), and Annually. single copy requests at the above the producer’s percent share in the crop Total Burden Hours: 33,335. address. Basic data developed during along with the names of other producers the environmental assessment are on having an interest in the crop. Nancy B. Sternberg, file and may be reviewed by contacting Once the information is collected and Departmental Clearance Officer. Stephen F. Black. eligibility established, the information is [FR Doc. 00–30074 Filed 11–24–00; 8:45 am] No administrative action on used throughout the crop year to ensure BILLING CODE 3410±01±M implementation of the proposal will be

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices 70691 taken until 30 days after the date of this Service, United States Department of DEPARTMENT OF AGRICULTURE publication in the Federal Register. Agriculture, Stop 0781, 1400 Rural Utilities Service (This activity is listed in the Catalog of Independence Avenue, SW, Washington, DC, 20250, telephone (202) Federal Domestic Assistance under No. Arkansas Electric Cooperative 10904, Watershed Protection and Flood 720–1753 (voice) (this is not a toll free Prevention, and is subject to the provisions number) or (800) 877–8339 (TDD- Corporation; Notice of Availability of of Executive Order 12372, which requires Federal Information Relay Service). an Environmental Assessment intergovernmental consultation with State SUPPLEMENTARY INFORMATION: and local officials.) AGENCY: Rural Utilities Service, USDA. Michael A. Gillespie, Background and Discussion of ACTION: Notice of availability of an Snow Survey Supervisor, Acting State Extension of Application Deadline environmental assessment. Conservationist. RHS published a Notice of Funding SUMMARY: Notice is hereby given that [FR Doc. 00–30061 Filed 11–24–00; 8:45 am] Availability (NOFA) on August 18, 2000 the Rural Utilities Service (RUS), has BILLING CODE 3410±16±M (65 FR 50497), with an application accepted the Environmental Impact deadline of October 17, 2000. Upon Statement (EIS) prepared for the reviewing applications received, RHS DEPARTMENT OF AGRICULTURE Arkansas Public Service Commission determined that the NOFA was (APSC) as its Environmental Rural Housing Service ambiguous regarding the source and Assessment. RUS may provide financial type of funds that RHS considers assistance to Arkansas Electric Notice of Funding Availability (NOFA) leveraged assistance. From the Cooperative Corporation (AECC) for the for Section 515 Rural Rental Housing applications received, RHS determined construction of a 153-megawatt (MW) Funds and Section 521 Rental that applicants interpreted this combustion turbine electric generating Assistance for Needs Resulting From ambiguity in different ways. station in southwest Arkansas. Hurricanes Dennis, Floyd, and Irene; Therefore, to clarify this issue, FOR FURTHER INFORMATION CONTACT: Bob Extension of Application Deadline applicants are hereby advised that Quigel, Engineering and Environmental leveraged assistance includes loans and AGENCY: Staff, Rural Utilities Service, Stop 1571, Rural Housing Service (RHS), grants from other sources, contributions USDA. 1400 Independence Avenue, SW, from the applicant above the required Washington, DC 20250–1571, telephone ACTION: Notice of extension of contribution indicated by the Sources (202) 720–0468. The E-mail address is application deadline. and Uses Comprehensive Evaluation [email protected]. (available from the Rural Development SUMMARY: The Rural Housing Service State Office) and tax abatements or other SUPPLEMENTARY INFORMATION: AECC (RHS) extends the deadline for savings in operating costs provided that, subsequent to receipt of a Certificate of submitting applications for section 515 at the end of the abatement period when Convenience and Necessity (CCN) from funds and section 521 rental assistance the benefit is no longer available, the the APSC initiated construction of the for needs resulting from hurricanes basic rents are comparable to or lower project at a 159 acre site east of Fulton, Dennis, Floyd, and Irene announced in than the basic rents if RHS provided full Arkansas. Fulton is located in a notice of funding availability (NOFA) financing. The required applicant Hempstead County. The CCN (Order No. published August 18, 2000 (65 FR contribution is not considered leveraged 7) for the generating station was issued 50497). This action is taken to provide assistance. on November 18, 1999. The CCN (Order additional information on the source No. 3) for the transmission line was and type of funds that RHS considers RHS has also determined that some, but not all, applicants received a copy issued on May 9, 2000. leveraged assistance and to give The project, when completed, will applicants the opportunity to adjust of the worksheet used by RHS to calculate the point score for leveraged initially consist of a single 153 MW gas- their applications based on this fired, simple-cycle combustion turbine information. Finally, this extension will assistance. To ensure that all applicants are treated fairly, applicants who generating unit. Other on-site facilities allow eligible entities additional time to include a 90-foot exhaust stack, step-up submit applications. submitted an application under the notice published August 18, 2000 will and auxiliary transformers, motor DATES: Accordingly, the deadline for be provided with a copy of this Notice control centers, bus ductwork, an submitting applications under the and the worksheet used by RHS to electric substation, and control, notice published August 18, 2000 (65 calculate leveraged assistance. maintenance, and operations buildings. FR 50497), is extended to 5:00 p.m. Applicants who wish to adjust their The project also includes 4 miles of 115 local time for each Rural Development application based on this additional kV transmission line that will tie the State office on December 11, 2000. The information must re-submit their station to the existing transmission grid. application deadline is firm as to date application by the extension deadline The transmission line will be built to and hour. Applicants intending to mail published in this Notice. Finally, this 161 kV specifications in anticipation applications must provide sufficient extension will allow eligible entities that additional transmission line time to permit delivery on or before the additional time to submit applications. capacity may be needed in the future. closing deadline date and time. Such entities may contact the Rural The facility is designed to Acceptance by a post office or private Development State office to obtain a accommodate conversion of the unit to mailer does not constitute delivery. copy of the worksheet used by RHS to combined cycle operation, but will be Facsimile (FAX) and postage due calculate leveraged assistance. initially operated as a simple cycle unit. applications will not be accepted. The site has been sized to accommodate Dated: November 17, 2000. FOR FURTHER INFORMATION CONTACT: For additional simple or combined cycle general information, applicants may James C. Kearney, units. However, the environmental contact Linda Armour, Senior Loan Administrator, Rural Housing Service. assessment announced herein will cover Officer, Multi-Family Housing [FR Doc. 00–30233 Filed 11–24–00; 8:45 am] only the initial 153 MW simple cycle Processing Division, Rural Housing BILLING CODE 3410±XV±U unit and related electric transmission

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70692 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices line. Only those facilities are being environmental impacts related to the Questions and comments should be considered for RUS financial assistance. construction of approximately 7 miles of sent to RUS at the address provided. The only alternative to providing 230 kilovolt transmission line in Cobb RUS will accept questions and financial assistance to AECC for the County, Georgia. RUS may provide comments on the environmental construction of the subject project being financing assistance to Georgia assessment for at least 30 days from the considered by RUS would be to take no Transmission Corporation for the date of publication of this notice. action, therefore, not provide financial project. Any final action by RUS related to the assistance. proposed project will be subject to, and FOR FURTHER INFORMATION CONTACT: An EIS for the proposed generating Bob contingent upon, compliance with all station was submitted by AECC to the Quigel, Environmental Protection relevant Federal environmental laws APSC on July 1, 1999. Information on Specialist, Rural Utilities Service, and regulations and completion of the proposed transmission line was Engineering and Environmental Staff, environmental review procedures as submitted to the APSC on February 15, Stop 1571, 1400 Independence Avenue, prescribed by the 7 CFR Part 1794, 2000. RUS has independently evaluated SW., Washington, DC 20250–1571, Environmental Policies and Procedures. telephone: (202) 720–0468. Bob’s e-mail the information contained in both Dated: November 21, 2000. submittals to the APSC and believes that address is [email protected]. Information is also available from Susan Lawrence R. Wolfe, it accurately assesses the environmental Acting Director, Engineering and impacts of the project. In accordance Ingall of Georgia Transmission Corporation at (770) 270–7425. Susan’s Environmental Staff. with the provisions of §§ 1794.53 and [FR Doc. 00–30097 Filed 11–24–00; 8:45 am] 1794.74 of RUS’’ Environmental Policies e-mail address is BILLING CODE 3410±15±P and Procedures, the information [email protected]. referenced above will serve as RUS’’ SUPPLEMENTARY INFORMATION: Georgia environmental assessment for this Transmission Corporation proposes to DEPARTMENT OF AGRICULTURE project. construct the 230 kilovolt transmission The environmental assessment can be line between the existing South Rural Utilities Service reviewed at the AECC headquarters Acworth Substation and the existing located at 8000 Scott Hamilton Drive, Hawkins Store Road Substation. The Old Dominion Electric Cooperative; Little Rock, Arkansas (501–570–2462). transmission line will be 7.1 miles long Notice of Intent This document will also be available for and will be located near Acworth and AGENCY: Rural Utilities Service, USDA. public inspection at the Hempstead Kennesaw, Georgia, in northern Cobb ACTION: Notice of intent to prepare an County Library, 500 South Elm Street, County. environmental assessment. Hope, Arkansas (870–777–4564). It can The proposed transmission line will also be reviewed at the headquarters of require a 25 to 35-foot wide corridor SUMMARY: Notice is hereby given that RUS at the address provided previously. adjacent to existing rights-of-way such the Rural Utilities Service (RUS), Questions and comments should be as roads and railroads. Where the pursuant to the National Environmental sent to RUS at the address provided. transmission line will not adjacent to an Policy Act of 1969 (42 U.S.C. 4321 et RUS will accept questions and existing right-of-way a 100-foot wide seq.), the Council on Environmental comments on its proposed action for at corridor will be necessary. The Quality Regulations for Implementing least 30 days from the date of transmission line will be suspended via the National Environmental Policy Act publication of this notice. concrete or steel single-pole structures (40 CFR parts 1500–1508), and the RUS’ RUS will take no final action related which will support three conductors Environmental Policies and Procedures to the project until after notification of and an overhead ground wire. The (7 CFR part 1794) proposes to prepare that action is published in the Federal support structures will average 75 to 80 an Environmental Assessment for Register and in the same newspapers feet in height and will be spaced possibly granting financial assistance to that this notice is being published. approximately 500 to 600 feet apart. Old Dominion Electric Cooperative (Old Dated: November 16, 2000. Georgia Transmission Corporation Dominion) to construct a 510 megawatt, Lawrence R. Wolfe, prepared an environmental analysis for natural gas-fired combustion turbine Acting Director, Engineering and RUS which describes the project and electric generation plant in Cecil Environmental Staff. assesses its environmental impacts. RUS County, Maryland. [FR Doc. 00–30098 Filed 11–24–00; 8:45 am] has conducted an independent FOR FURTHER INFORMATION CONTACT: Bob BILLING CODE 3410±15±P evaluation of the environmental Quigel, Engineering and Environmental analysis and believes that it accurately Staff, Rural Utilities Service, at (202) assesses the impacts of the proposed 720–0468. Bob’s E-mail address is: DEPARTMENT OF AGRICULTURE project. This environmental analysis [email protected]. will serve as RUS’ environmental SUPPLEMENTARY INFORMATION: Old Rural Utilities Service assessment of the project. No significant Dominion proposes to construct the impacts are expected as a result of the natural gas-fired electric generation Georgia Transmission Corporation, construction of the project. plant in the community of Rock Springs, Notice of Availability of an The environmental assessment can be located in northwestern Cecil County, Environmental Assessment reviewed at the Georgia Transmission Maryland. The proposed plant site is at AGENCY: Rural Utilities Service, USDA. Corporation headquarters located at the intersection of Old Mill Road and ACTION: Notice of availability of an 2100 East Exchange Place, Tucker, GA. U.S. Route 222. environmental assessment. This document will also be available at The Old Dominion ownership portion the Cobb County Law Library, 10 East of the project will consist of three SUMMARY: Notice is hereby given that Park Square, Marietta, Georgia 30090, natural gas-fired combustion turbine the Rural Utilities Service (RUS) is telephone (770) 528–1884. It can also be generation units with an output of 170 issuing an environmental assessment reviewed at the headquarters of RUS at megawatts each. The entire plant layout with respect to the potential the address provided above. will be designed and permitted to

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices 70693 accommodate 6 combustion turbine DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE units and would have a total output of 1,020 megawatts. The environmental Bureau of Export Administration Foreign-Trade Zones Board impact has been described for 6 units. [Docket 57±2000] The entire plant will be situated on Regulations and Procedures Technical approximately 26 acres of the 93-acre Advisory Committee; Notice of Open Foreign-Trade Zone 54ÐClinton site. No major natural gas pipeline or Meeting County, New York; Application for electric transmission line improvements Expansion The Regulations and Procedures will be needed at either location beyond Technical Advisory Committee will An application has been submitted to the proposed site boundaries. A short meet on December 12, 2000, 9 a.m., the Foreign-Trade Zones Board (the electric transmission line span will be Room 3884, in the Herbert C. Hoover Board) by the County of Clinton, New constructed on a 5-acre parcel owned by York, grantee of FTZ 54, requesting Building, 14th Street between Old Dominion and is adjacent to the authority to expand its general-purpose Constitution and Pennsylvania Avenues plant to tie the plant to an existing 500 zone site to include an additional site in NW, Washington, DC. The Committee kilovolt transmission line located Plattsburgh, New York. The application advises the Office of the Assistant southwest of Old Mill Road. was submitted pursuant to the Secretary for Export Administration on provisions of the Foreign-Trade Zones Alternatives considered by RUS and implementation of the Export Old Dominion to constructing the Act, as amended (19 U.S.C. 81a–81u), Administration Regulations (EAR) and and the regulations of the Board (15 CFR generation facility as proposed include: provides for continuing review to Part 400). It was formally filed on (a) No action, (b) , (c) update the EAR as needed. November 13, 2000. purchased power, (d) renewable energy, FTZ 54 was approved on February 14, Agenda (e) a combined cycle combustion 1980 (Board Order 153, 45 FR 12469, 2/ turbine plant, and (f) alternative site 1. Opening remarks by the Chairman. 26/80) and expanded on September 23, locations. 1982 (Board Order 196, 47 FR 43102, 9/ 2. Presentation of papers or comments Old Dominion is preparing an 30/82), and on May 29, 1996 (Board by the public. environmental analysis to be submitted Order 829, 61 FR 28840, 6/6/96). The to RUS for review. RUS will use the 3. Update on pending regulations. zone project currently includes three environmental analysis to determine the 4. Discussion of deemed export rule. general-purpose zone sites: Site 1 (123 acres)—Clinton County Air Industrial significance of the impacts of the project 5. Discussion of anti-boycott Park, Plattsburgh; Site 2 (11 acres)—One and may adopt it as its environmental regulations. assessment of the project. RUS’ Trans-Boarder Drive, Champlain, at I–87 6. Roundtable discussion with Bureau environmental assessment of the project and U.S. Route 11, operated by Trans- of Export Administration officials. will be available for review and Border Customs Services, Inc.; and Site comment for 30 days. Notice of 7. Election of Chair and Vice Chair. 3 (200 acres)—Champlain Industrial Park, located on New York State Route availability of the environmental The meeting will be open to the 11 in Champlain (also includes two assessment will be published in the public and a limited number of seats temporary parcels (both expire 11/30/ Federal Register and in newspapers will be available. Reservations are not 01) located at 5 Coton Lane (4 acres) and with a circulation in the project area. It accepted. To the extent time permits, 2002 Ridge Road (15,000 sq ft)). is anticipated that the environmental members of the public may present oral The applicant is now requesting assessment will be available in statements to the Committee. Written authority, on behalf of the Plattsburgh November or December of this year. statements may be submitted at any Airbase Redevelopment Corporation, to RUS will determine, based on the time before or after the meeting. expand the general-purpose zone to environmental assessment of the However, to facilitate distribution of include an additional site (Proposed project, whether or not the impacts of public presentation materials to Site 4; 3,200 acres) located at the former the construction and operation of the Committee members, the Committee Plattsburgh Air Force Base, Interstate 87 plant poses a significant impact. Public suggests that presenters forward the and U.S. Route 9, Plattsburgh. The notification of RUS’ finding will be public presentation materials, two property is owned by the United States published in the Federal Register and in weeks prior to the meeting date, to the Air Force, which is in the process of newspapers with a circulation in the following address: Ms. Lee Ann conveying the property to the County of project area. Carpenter, OSIES/EA/BXA MS: 3876, Clinton Industrial Development Agency, a municipal corporation, as part of a 14th St. & Constitution Ave. NW, U.S. Any final action related to the base conversion project. proposed project will be subject to, and Department of Commerce, Washington, In accordance with the Board’s contingent upon, compliance with DC 20230. regulations, a member of the FTZ Staff environmental review requirements For more information or copies of the has been designated examiner to prescribed by the Council on minutes, contact Lee Ann Carpenter on investigate the application and report to Environmental Quality and the Rural (202) 482–2583. the Board. Public comment is invited from Utilities Service’s regulations. Dated: November 20, 2000. interested parties. Submissions (original Dated: November 17, 2000. Lee Ann Carpenter, and 3 copies) shall be addressed to the Mark S. Plank, Committee Liaison Officer. Board’s Executive Secretary at the Acting Director, Engineering and [FR Doc. 00–30130 Filed 11–24–00; 8:45 am] address below. The closing period for Environmental Staff. BILLING CODE 3510±JT±M their receipt is January 26, 2001. [FR Doc. 00–30096 Filed 11–24–00; 8:45 am] Rebuttal comments in response to BILLING CODE 3410±15±P material submitted during the foregoing period may be submitted during the

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70694 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices subsequent 15-day period to February located at Cavalier Industrial Park, Department of Commerce, 14th and 12, 2001. Interstate 64 and U.S. Route 13, Pennsylvania Avenue, NW, Washington, A copy of the application and Chesapeake; Site 10 (26 acres) located at DC 20230. accompanying exhibits will be available D.D. Jones Transfer & Warehouse, Inc., Dated: November 15, 2000. for public inspection at each of the facility, 1920 Campostella Road, Dennis Puccinelli, following locations: Chesapeake; Site 11 (177 acres) located Executive Secretary. The Development Corporation of Clinton at New Boone Farm Industrial Park, [FR Doc. 00–30146 Filed 11–24–00; 8:45 am] Interstate 664, Chesapeake; Site 12 (60 County, New York, 61 Area Development BILLING CODE 3510±DS±P Drive, Plattsburgh, New York 12901 acres) located at PortCentre Commerce Office of the Executive Secretary, Foreign- Park, Route 264, Portsmouth; Site 13 Trade Zones Board, U.S. Department of (154 acres) located at Suffolk Industrial DEPARTMENT OF COMMERCE Commerce, 14th & Pennsylvania Avenue, Park, 595 Carolina Road, Suffolk; Site 14 NW, Washington, DC 20230 (6,187 acres, 2 parcels) at the Goddard International Trade Administration Dated: November 14, 2000. Space Flight Center-Wallops Flight Dennis Puccinelli, Facility, Accomack County; Site 15 (449 [A±570±846] Executive Secretary. acres) at the Accomack Airport [FR Doc. 00–30145 Filed 11–24–00; 8:45 am] Industrial Park, U.S. Highway 13 & Brake Rotors From the People's BILLING CODE 3510±DS±P Parkway Road, Melfa (Accomack Republic of China: Initiation of New County); Site 16 (5 acres) located at 525 Shipper Antidumping Duty Reviews & 533 Byron Street, Norfolk, within the DEPARTMENT OF COMMERCE Battlefield Lakes Technical Center AGENCY: Import Administration, (expires 7/31/2001); and, Site 17 (4 International Trade Administration, Foreign-Trade Zones Board acres) located at 600, 604 and 608 Department of Commerce. [Docket 58±2000] Greentree Road, Chesapeake, within the SUMMARY: The Department of Commerce Butts Station Commerce Center (expires has received requests to conduct new Foreign-Trade Zone 20ÐHampton 7/31/2001). (Site 1 has been deleted.) shipper reviews of the antidumping Roads, Virginia Area; Application for The applicant is requesting authority to duty order on brake rotors from the Expansion expand the general-purpose zone to People’s Republic of China. In include the Battlefield Lakes Technical accordance with 19 CFR 351.214(d), we An application has been submitted to Center (Site 16) and Butts Station are initiating reviews for Beijing the Foreign-Trade Zones Board (the Commerce Center (Site 17) on a Concord Auto Technology Inc., Qingdao Board) by the Virginia Port Authority permanent basis and to include a new Meita Automotive Industry Co., Ltd., (VPA), grantee of Foreign-Trade Zone site in the Eastern Shore region of and Shandong Laizhou Huanri Group (FTZ) 20, requesting authority to expand Virginia: Proposed Site 18 (130 acres)— General Co. its zone in and adjacent to the Norfolk- within the 579-acre Port of Cape Charles EFFECTIVE DATE: November 27, 2000. Newport News Customs port of entry Sustainable Technologies Industrial FOR FURTHER INFORMATION CONTACT: area. The application was submitted Park, two miles from U.S. 13 on SR pursuant to the provisions of the FTZ 1108, Bayshore Drive, Northampton Brian Smith, Import Administration, Act, as amended (19 U.S.C. 81a–81u), County, Virginia. The site is owned by International Trade Administration, and the regulations of the Board (15 CFR the Joint Industrial Development U.S. Department of Commerce, 14th Part 400). It was formally filed on Authority of Northampton County and Street and Constitution Avenue, NW., November 15, 2000. Towns. No specific manufacturing Washington, DC 20230; telephone (202) FTZ 20 was approved on April 15, requests are being made at this time. 482–1766. 1975 (Board Order 105, 40 FR 17884, Such requests would be made to the Applicable Statute and Regulations 4/23/75), and expanded on May 8, 1997 Board on a case-by-case basis. (Board Order 887, 62 FR 28446, In accordance with the Board’s Unless otherwise indicated, all 5/23/97), and on July 28, 2000 (Board regulations, a member of the FTZ Staff citations to the Tariff Act of 1930, as Order 1113, 65 FR 50179, 8/17/00). The has been designated examiner to amended (‘‘the Act’’), are references to zone project currently consists of the investigate the application and report to the provisions effective January 1, 1995, following sites in Virginia: Site 2 (9 the Board. the effective date of the amendments acres, 65,000 sq. ft.) located at 108 Public comment on the application is made to the Act by the Uruguay Round Lakeview Parkway, Suffolk; Site 3 (31 invited from interested parties. Agreements Act. In addition, unless acres, 3 parcels) located at 630 Submissions (original and 3 copies) otherwise indicated, all citations to the Woodlake Drive, at 1720 S. Military shall be addressed to the Board’s Department of Commerce (‘‘the Highway, and at 575 Woodlake Drive, Executive Secretary at the address Department’’) regulations are to 19 CFR Chesapeake; Site 4 (905 acres) located at below. The closing period for their Part 351 (April 2000). Norfolk International Terminals, 7737 receipt is January 26, 2001. Rebuttal SUPPLEMENTARY INFORMATION: Hampton Boulevard, Norfolk; Site 5 comments in response to material Background (242 acres) located at Portsmouth submitted during the foregoing period Marine Terminal, 2000 Seaboard may be submitted during the subsequent The Department has received timely Avenue, Portsmouth; Site 6 (184 acres) 15-day period (February 12, 2001). requests from Beijing Concord Auto located at Newport News Marine A copy of the application and Technology Inc. (‘‘Concord’’), Qingdao Terminal, 25th & Warwick Boulevard, accompanying exhibits will be available Meita Automotive Industry Co., Ltd. Newport News; Site 7 (490 acres, 6 for public inspection at each of the (‘‘Meita’’), and Shandong Laizhou parcels) located at Warren County following locations: Huanri Group General Co. (‘‘Huanri’’), Industrial Corridor, Routes 340, 522 and Virginia Port Authority, 600 World Trade in accordance with 19 CFR 351.214(c), 661, Front Royal; Site 8 (394 acres) Center, Norfolk, Virginia 23510–1696 for new shipper reviews of the located at Bridgeway Commerce Park, Office of the Executive Secretary, Foreign- antidumping duty order on brake rotors Interstate 664, Suffolk; Site 9 (672 acres) Trade Zones Board, Room 4008, U.S. from the People’s Republic of China

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(‘‘PRC’’), which has an April volume of that shipment, and the date each respondent provides sufficient anniversary month. of the first sale to an unaffiliated indication that it is not subject to either As required by 19 CFR customer in the United States. de jure or de facto government control 351.214(b)(2)(i) and (iii)(A), each of the In accordance with section with respect to its exports of brake three companies identified above has 751(a)(2)(B) of the Act, as amended, and rotors, each review will proceed. If, on certified that it did not export brake 19 CFR 351.214(b), and based on the other hand, a respondent does not rotors to the United States during the information on the record, we are demonstrate its eligibility for a separate period of investigation (‘‘POI’’), and that initiating the new shipper reviews for rate, then it will be deemed to be it has never been affiliated with any Concord, Huanri, and Meita. affiliated with other companies that exporter or producer which did export It is the Department’s practice in cases exported during the POI, and the review brake rotors during the POI. Each involving non-market economies to of that respondent will be rescinded. company has further certified that its require that a company seeking to Initiation of Review export activities are not controlled by establish eligibility for an antidumping the central government of the PRC, duty rate separate from the country- In accordance with section satisfying the requirements of 19 CFR wide rate provide de jure and de facto 751(a)(2)(B)(ii) of the Act and 19 CFR 351.214(b)(2)(iii)(B). Pursuant to the evidence of an absence of government 351.214(d)(1), we are initiating new Department’s regulations at 19 CFR control over the company’s export shipper reviews of the antidumping 351.214(b)(2)(iv)(A), Concord, Huanri, activities. Accordingly, we will issue a duty order on brake rotors from the PRC. and Meita each submitted questionnaire to Concord, Huanri, and We intend to issue the preliminary documentation establishing the date on Meita (including a separate rates results of these reviews not later than which it first shipped the subject section), allowing approximately 37 180 days after the date on which the merchandise to the United States, the days for response. If the response from reviews are initiated.

Antidumping Duty Proceeding Period to be reviewed

PRC: Brake Rotors, A±570±846: Beijing Concord Auto Technology Inc...... 04/01/00±09/30/00 Qingdao Meita Automotive Industry Co., Ltd. Shandong Laizhou Huanri Group General Co.

We will instruct the Customs Service DEPARTMENT OF COMMERCE Commerce, 14th Street and Constitution to allow, at the option of the importer, Avenue, NW, Washington, DC 20230; the posting, until the completion of the International Trade Administration telephone (202) 482–1130 or (202) 482– review, of a bond or security in lieu of [A±570±825] 0783, respectively. a cash deposit for each entry of the Applicable Statute and Regulations merchandise exported by the above- Sebacic Acid From the People's listed companies. This action is in Republic of China: Rescission of Unless otherwise indicated, all accordance with 19 CFR 351.214(e). antidumping duty administrative citations to the Tariff Act of 1930, as review amended (the Act), are references to the Interested parties that need access to provisions effective January 1, 1995, the proprietary information in these new AGENCY: Import Administration, effective date of the amendments made shipper reviews should submit International Trade Administration, to the Act by the Uruguay Round applications for disclosure under Department of Commerce. Agreements Act (URAA). In addition, administrative protective orders in ACTION: Notice of rescission of unless otherwise indicated, all citations accordance with 19 CFR 351.305 and antidumping duty administrative to the Department’s regulations are to 19 351.306. review. CFR part 351 (2000). This initiation and notice are in SUMMARY: On September 6, 2000, in Background accordance with section 751(a) of the response to a request made by On July 31, 2000, Guangdong Act (19 U.S.C. 1675(a)) and 19 CFR Guangdong Chemicals Import and Chemicals Import and Export 351.214(d). Export Corporation, Sinochem Tianjin Corporation (Guangdong), Sinochem Dated: November 20, 2000. Import and Export Corporation, and ICC Tianjin Import and Export Corporation Chemical Corporation, the Department Louis Apple, (Tianjin), and ICC Chemical Corporation of Commerce published the notice of requested that the Department conduct Acting Deputy Assistant Secretary for Import initiation of an antidumping duty Administration. an administrative review of the administrative review on sebacic acid antidumping duty order on sebacic acid [FR Doc. 00–30142 Filed 11–24–00; 8:45 am] from the People’s Republic of China for from the People’s Republic of China for BILLING CODE 3510±DS±P the period July 1, 1999, through June 30, the review period July 1, 1999, through 2000. Because these parties have June 30, 2000. On September 6, 2000, withdrawn their request for review, the the Department published in the Department is rescinding this review in Federal Register a notice of initiation of accordance with 19 CFR 351.213(d)(1). administrative review with respect to EFFECTIVE DATE: November 27, 2000. Guangdong and Tianjin. See Initiation FOR FURTHER INFORMATION CONTACT: of Antidumping and Countervailing Christopher Priddy or James Nunno, Duty Administrative Reviews and AD/CVD Enforcement Group I, Import Requests for Revocation in Part, 65 FR Administration, International Trade 53980 (Sept. 6, 2000). On October 19, Administration, U.S. Department of 2000, Guangdong, Tianjin, and ICC

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Chemical Corporation withdrew their Preliminary Determinations of Critical Investigations of Steel Concrete request for an administrative review in Circumstances Reinforcing Bar from Ukraine and the above-referenced case. Moldova—Preliminary Affirmative The Applicable Statute and Regulations Determinations of Critical Rescission of Review Unless otherwise indicated, all Circumstances (Critical Circumstances citations to the statute are references to Pursuant to 19 CFR 351.213(d)(1), the Preliminary Determinations the provisions effective January 1, 1995, Department will rescind an Memorandum). the effective date of the amendments administrative review, in whole or in made to the Tariff Act of 1930 (the Act) Critical Circumstances part, if a party that requested a review by the Uruguay Round Agreements Act Section 733(e)(1) of the Act provides withdraws the request within 90 days of (URAA). In addition, unless otherwise that the Department will preliminarily the date of publication of notice of indicated, all citations to the determine that critical circumstances initiation of the requested review. Department’s regulations are references exist if there is a reasonable basis to Because Guangdong and Tianjin’s to the provisions codified at 19 CFR Part believe or suspect that: (A)(i) there is a withdrawal was submitted within the 351 (2000). history of dumping and material injury 90-day time limit, and no other party by reason of dumped imports in the Background requested a review, we are rescinding United States or elsewhere of the subject the review. We will issue appropriate On July 18, 2000, the Department of merchandise, or (ii) the person by appraisement instructions directly to Commerce (the Department) initiated whom, or for whose account, the the U.S. Customs Service. investigations to determine whether merchandise was imported knew or This notice also serves as the only imports of steel concrete reinforcing should have known that the exporter reminder to parties subject to bars (rebar) from Ukraine and Moldova, was selling the subject merchandise at administrative protective orders (APO) among others, are being, or are likely to less than its fair value and that there of their responsibility concerning the be, sold in the United States at less- was likely to be material injury by return or destruction of proprietary than-fair-value (LTFV) (65 FR 45754, reason of such sales, and (B) there have information disclosed under APO in July 25, 2000). On August 14, 2000, the been massive imports of the subject accordance with 19 CFR 351.305 or International Trade Commission (ITC) merchandise over a relatively short conversion to judicial protective order is determined that there is a reasonable period. Section 351.206(h)(1) of the hereby requested. Failure to comply indication of material injury to the Department’s regulations provides that, with the regulations and terms of an domestic industry from imports of rebar in determining whether imports of the APO is a violation which is subject to from Ukraine and Moldova, among subject merchandise have been sanction. other countries. On August 22, 2000, the ‘‘massive,’’ the Department normally petitioner alleged that there is a This determination is issued in will examine: (i) the volume and value reasonable basis to believe or suspect of the imports; (ii) seasonal trends; and accordance with section 777(i)(1) of the that critical circumstances exist with Act and 19 CFR 351.213(d)(1) and (d)(4). (iii) the share of domestic consumption respect to imports of rebar from the accounted for by the imports. In Dated: November 20, 2000. above-referenced two countries.1 addition, section 351.206(h)(2) of the Louis Apple, In accordance with 19 CFR Department’s regulations provides that Acting Deputy Assistant Secretary for Import 351.206(c)(2)(i), because the petitioner an increase in imports of 15 percent Administration. submitted critical circumstances during the ‘‘relatively short period’’ of [FR Doc. 00–30143 Filed 11–24–00; 8:45 am] allegations more than 20 days before the time may be considered ‘‘massive.’’ BILLING CODE 3510±DS±P scheduled date of the preliminary Section 351.206(i) of the Department’s determinations, the Department must regulations defines ‘‘relatively short issue preliminary critical circumstances period’’ as normally being the period DEPARTMENT OF COMMERCE determinations not later than the date of beginning on the date the proceeding the preliminary determinations. In a begins (i.e., the date the petition is filed) International Trade Administration policy bulletin issued on October 8, and ending at least three months later. 1998, the Department stated that it may The regulations also provide, however, [A±823±809, A±841±804] issue preliminary critical circumstances that if the Department finds that determinations prior to the date of the importers, exporters, or producers, had Preliminary Determinations of Critical preliminary determinations of dumping, reason to believe, at some time prior to Circumstances: Steel Concrete assuming sufficient evidence of critical the beginning of the proceeding, that a Reinforcing Bars From Ukraine and circumstances is available (see Change proceeding was likely, the Department Moldova in Policy Regarding Timing of Issuance may consider a period of not less than of Critical Circumstances three months from that earlier time. AGENCY: Import Administration, Determinations, 63 FR 55364). In In determining whether the above International Trade Administration, accordance with this policy, at this time criteria have been satisfied, we Department of Commerce. we are issuing the preliminary critical examined: (1) The evidence presented circumstances decision in the EFFECTIVE DATE: November 27, 2000. in the petition; (2) recent import investigations of imports of rebar from statistics released by the Census Bureau FOR FURTHER INFORMATION CONTACT: Ukraine and Moldova for the reasons after the initiation of the LTFV Magd Zalok or Mark Manning at (202) discussed below and in the concurrent investigation; and (3) the ITC 482–4162 and (202) 482–3936, Memorandum from Holly Kuga to Troy preliminary injury determination. respectively; AD/CVD Enforcement, H. Cribb: Antidumping Duty Group II, Import Administration, History of Dumping and Importer International Trade Administration, 1 The petitioner also alleged that there is a reason Knowledge to believe or suspect that critical circumstances U.S. Department of Commerce, 14th exist with respect to imports of rebar from Belarus. We are not aware of any existing Street and Constitution Avenue, NW., However, we are not making a determination with antidumping order in any country on Washington, DC 20230. respect to this country at this time. rebar from Ukraine and Moldova. For

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices 70697 this reason, we do not find a history of Moldova were likely to cause material Circumstances Preliminary dumping from those countries pursuant injury. Determinations Memorandum. to section 733(e)(1)(A)(i). However, the Massive Imports Therefore, pursuant to section 733(e) of Department has looked to the second the Act and section 351.206(h) of the criterion for determining knowledge of In determining whether there are Department’s regulations, we dumping. ‘‘massive imports’’ over a ‘‘relatively preliminarily determine that there have short period,’’ pursuant to section In determining whether there is a been massive imports of rebar from 733(e)(1)(B) of the Act, the Department reasonable basis to believe or suspect Ukraine and Moldova over a relatively that an importer knew or should have normally compares the import volume short time. known that the exporter was selling of the subject merchandise for three rebar at LTFV, pursuant to section months immediately preceding the Conclusion 733(e)(1)(A)(ii) of the Act, the filing of the petition (i.e., the base Department’s normal practice is to period), and three months following the Given the above-referenced analysis, consider margins of 25 percent or more filing of the petition (i.e., the we preliminarily determine that there is sufficient to impute knowledge of comparison period). However, as stated a reasonable basis to believe or suspect dumping. See Preliminary in section 351.206(i) of the Department’s that critical circumstances exist for Determination of Sales at Less Than regulations, if the Secretary finds that imports of rebar from Ukraine and Fair Value: Certain Cut-tto-Length importers, exporters, or producers had Moldova. Carbon Steel Plate From the People’s reason to believe, at some time prior to Republic of China, 62 FR 31972, 31978 the beginning of the proceeding, that a Suspension of Liquidation proceeding was likely, then the (June 11, 1997). In these instant cases, In accordance with section 733(e)(2) Secretary may consider a time period of given that we have not yet made a of the Act, if the Department issues preliminary finding of dumping, the not less than three months from that affirmative preliminary determinations most reasonable source of information earlier time. Imports normally will be concerning knowledge of dumping is considered massive when imports of sales at LTFV in the investigations the petition itself. In the petitions, the during the comparison period have with respect to Ukraine and Moldova, petitioner calculated estimated dumping increased by 15 percent or more the Department, at that time, will direct margins of 41.69 percent for Ukraine compared to imports during the base the U.S. Customs Service to suspend and 59.98 percent for Moldova. Since period. liquidation of all entries of rebar from these estimated dumping margins In this case, the petitioner argues that Ukraine and Moldova that are entered, exceed the 25 percent threshold, we importers, exporters, or producers of or withdrawn from warehouse, for have preliminarily imputed knowledge rebar from Ukraine and Moldova had consumption on or after 90 days prior of dumping to importers, exporters, or reason to believe that an antidumping to the date of publication in the Federal producers of subject merchandise from proceeding was likely before the filing Register of our preliminary Ukraine and Moldova. See the Critical of the petition. In determining whether determinations of sales at LTFV. The Circumstances Preliminary imports from Ukraine and Moldova Customs Service shall require a cash Determinations Memorandum. have been massive, the petitioner also deposit or posting of a bond equal to the In determining whether there is a alleges that rebar is a product for which estimated preliminary dumping margins reasonable basis to believe or suspect demand is subject to seasonal shifts and reflected in the preliminary that it is appropriate to use a seasonal that an importer knew or should have determinations of sales at LTFV methodology to examine whether an known that there was likely to be published in the Federal Register. This material injury by reason of dumped import surge occurred with respect to suspension of liquidation will remain in imports, under section 733(e)(1)(A)(ii) of the above-referenced countries. effect until further notice. the Act, the Department normally will Based upon information contained in look to the preliminary injury the petition, we found that press reports Final Critical Circumstances determination of the ITC. If the ITC and published statements were Determination finds a reasonable indication of present sufficient to establish that, by December material injury to the relevant U.S. 1999, importers, exporters, and foreign We will make a final determination industry, the Department will determine producers knew or should have known concerning critical circumstances for that a reasonable basis exists to impute that a proceeding was likely concerning Ukraine and Moldova when we make importer knowledge that there was rebar from Ukraine and Moldova. We our final determinations regarding sales likely to be material injury by reason of disagree with the petitioner’s analysis of at LTFV in those investigations, which dumped imports. See Final massive imports based on seasonality will be 75 days (unless extended) after Determination of Sales at Less Than because the evidence on the record does the preliminary LTFV determinations. Fair Value: Certain Cut-to-Length not substantiate that imports of rebar are Carbon Steel Plate from the People’s subject to seasonal shifts. See Critical ITC Notification Republic of China, 62 FR 61964 Circumstances Preliminary (November 20, 1997). In these instant Determinations Memorandum for In accordance with section 733(f) of cases, the ITC found that a reasonable detailed discussion of this issue. the Act, we have notified the ITC of our indication of present material injury due Accordingly, we examined the increase determination. This notice is issued and to dumping exists for imports of rebar in import volumes from May 1999 published pursuant to section 777(i) of from Ukraine and Moldova. See ITC’s through December 1999 (the base the Act. Preliminary Determinations, August 14, period), as compared to the import Dated: November 17, 2000. 2000, Investigation Nos. 731–TA–872– volume during January 2000 through Troy H. Cribb, 883. Therefore, we preliminarily find August 2000 (the comparison period), that there is a reasonable basis to believe and found that imports of rebar from Assistant Secretary for Import Administration. or suspect that importers knew or Ukraine and Moldova increased by should have known that dumped 69.30 percent and 22.08 percent, [FR Doc. 00–30144 Filed 11–24–00; 8:45 am] imports of rebar from Ukraine and respectively. See the Critical BILLING CODE 3510±DS±P

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DEPARTMENT OF COMMERCE implemented or are developing studies activities. The following determinations to assess the extent of these injuries. were made as required by 15 CFR National Oceanic and Atmospheric The natural resource Trustees for this 990.41: Administration oil spill incident are the U.S. (1) The spill of approximately 126,000 Department of Commerce, National gallons of fuel oil from the pipeline on Notice of Intent To Conduct Oceanic and Atmospheric April 7, 2000, into the Swanson Creek Restoration Planning Administration (NOAA); U.S. Marsh, Swanson Creek, and the Department of the Interior, Fish and Patuxent River was an incident as AGENCIES: National Oceanic and Wildlife Service (FWS); State of defined at 15 CFR Section 990.30. Atmospheric Administration, U.S. Maryland Department of the (2) The incident was not permitted Department of Commerce; U.S. Fish and Environment (MDE); and State of under Federal, state, or local law; it did Wildlife Service, U.S. Department of the Maryland Department of Natural not occur from a public vessel; and it Interior; State of Maryland Department Resources (MDNR). The Trustees are did not occur from an offshore facility of the Environment; and State of designated pursuant to the National subject to the Trans-Alaska Pipeline Maryland Department of Natural Contingency Plan, 40 C.F.R. 300.600 Authority Act, 43 U.S.C. 1651, et seq. Resources and 300.605. (3) Based upon information gathered SUMMARY: The agencies listed above (the The Responsible Parties (RP’s) for this during the response and preassessment Trustees) are providing notice of their incident are Pepco, the pipeline owner, phases, the Trustees have determined efforts to plan restoration actions for and ST Services, the manager of the that natural resources under the injuries to natural resources in Swanson pipeline. To date, the RP’s have trusteeship of NOAA, DOI, and Creek and the Patuxent River caused by cooperated with the Trustees in the Maryland, have been injured as a result the April 7, 2000, release of 126,000 performance and/or funding of of the incident. The oil released gallons of oil from a ruptured pipeline response, cleanup and preassessment contains components that are toxic at owned by Potomac Electric Power data collection activities. sufficiently high exposure levels to Company (Pepco). The pipeline aquatic organisms, birds, wildlife, and supplied oil to Pepco’s Chalk Point Administrative Record vegetation. In addition, the Trustees Generating Station and is managed by The Trustees have opened an observed birds, marshes and aquatic Support Terminal Services Operating Administrative Record (Record) in organisms that were exposed to the oil Partnership (ST Services). The purpose compliance with 15 CFR 990.45. The from this discharge. of this restoration planning is to Record will include documents relied Based on the above findings, the evaluate potential injuries to natural upon by the Trustees during the Trustees made the determination that resources and services, and use that assessment performed in conjunction they have jurisdiction to pursue information to determine the need for with the incident. To date, the Record restoration pursuant to the Oil Pollution and scale of restoration actions. contains: Act, 33 U.S.C. 2702 and 2706 (b)-(c). The Trustees seek public involvement (1) A copy of this notice; (2) A letter from the Trustees to Pepco Trustee Determination to Conduct in the restoration planning process for Restoration Activities: this spill. Opportunities for public inviting their participation in a comment are provided through public cooperative natural resource damage For the reasons discussed below, the review and comment on documents assessment; Trustees have made the determination contained in the Administrative Record, (3) A letter from the Trustees to ST required by 15 C.F.R. Section 990.42(a) as well as on the Draft and Final Services inviting their participation in a and are proceeding with restoration Restoration Plans when they have been cooperative natural resource damage planning to develop restoration prepared. assessment; and alternatives that will restore, replace, (4) A letter to the Trustees from ST rehabilitate, or acquire the equivalent of SUPPLEMENTARY INFORMATION: Services indicating their willingness to natural resources injured and/or natural Pipeline Break and Oil Spill Incident participate in a cooperative natural resource services lost as a result of this resource damage assessment. incident. On April 7, 2000, a break in the The Record is on file at the NOAA (1) Injuries have resulted from the pipeline that supplies oil to the Pepco Damage Assessment Center in Silver incident. The Trustees base this Chalk Point Generating Station released Spring, Maryland. Duplicate copies will determination upon data collected and an estimated 126,000 gallons of oil into be maintained for public review at the analyzed pursuant to 15 CFR Section Swanson Creek and the surrounding following locations: 990.43 that demonstrate that injuries to marsh area. A storm during the night of Calvert County, Swanson Creek natural resources are likely to have April 8, 2000, blew the oil over the Command Center, Calvert County resulted from the incident, including, containment booms that were placed at Industrial Park 230 Bugeye Square, but not limited to, the following: the mouth of Swanson Creek and into Prince Frederick, MD 20678 (A) Wetlands and Shorelines: Spilled the Patuxent River and its tributaries. As St. Mary’s County, Pepco Community oil spread throughout Swanson Creek a result, the oil spread about 10 miles, Outreach Center, Light Point and about 10 miles downstream from primarily downstream of the spill Commerce Center, 30383 Three Notch Chalk Point, oiling approximately 25 location. Road, Charlotte Hall, MD 20622 miles of shoreline and 75 acres of Since the spill, the Trustees’ have Information Resource Center, Maryland wetlands. As part of the response, data initiated a number of preassessment Department of Natural Resources 580 was collected on types of shorelines data collection activities. Findings Taylor Avenue, B–3, Annapolis, MD impacted and degree(s) of oiling. This demonstrate or suggest four general 21401 work, along with aerial photography areas of natural resource injuries: (1) and field measurements, will be used to Wetlands and shorelines; (2) fisheries Trustees’ Determination of Jurisdiction: define the extent and degree of impact. and other aquatic resources; (3) birds Following the notice of the pipeline (B) Birds and Wildlife: Oiled birds, and wildlife; and (4) lost interim use of break and oil discharge, the Trustees mammals, reptiles and amphibians were public services. The Trustees have initiated preassessment data collection collected during the response. Ruddy

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices 70699 ducks and muskrats were the two 10218, 1305 East West Highway, Silver Reduction Act of 1995, the Department biggest categories of oiled animals. Spring, MD 20910–3281, (301) 713– of Defense Medical Examination Review Ospreys and great blue herons were also 3038 ext. 188. Board announces the proposed public found oiled but to a lesser extent. The FOR FURTHER INFORMATION CONTACT: information collection and seeks public diamondback terrapin is a resource of Jim Hoff, NOAA Damage Assessment comment on the provisions thereof. special concern to the State of Center, Room 10218, 1305 East-West Comments are invited on: (a) Whether Maryland; both adults and nesting Highway, Silver Spring, MD 20910– the proposed collection of information beaches for this species were oiled as a 3281; (301) 713–3038 ext. 188. is necessary for the proper performance result of the spill. The Trustees are Beth McGee, U.S. Fish and Wildlife of the functions of the agency, including continuing to monitor the nesting Service, 177 Admiral Cochrane Drive, whether the information shall have success of ospreys and great blue herons Annapolis, MD 21401; (410) 573– practical utility; (b) the accuracy of the and will develop studies to determine 4524. agency’s estimate of the burden of the the impact of the spill on the muskrats Carolyn V. Watson, Maryland proposed information collection; (c) and diamondback terrapins. Department of Natural Resources, ways to enhance the quality, utility, and (C) Shellfish, Finfish and Crabs: The Tawes State Office Bldg, 580 Taylor clarity of the information to be watershed provides valuable spawning Avenue C4, Annapolis, MD 21401; collected; and (d) ways to minimize the and nursery habitat for anadromous (410) 260–8113. burden of the information collection on species such as striped bass, white Bob Summers, Maryland Department of respondents, including through the use perch and herring, all of which were the Environment, 2500 Broening of automated collection techniques or entering their spawning period at the Hwy., Baltimore, MD 21224; (410) other forms or information technology. time of the spill. The effect of the spill 631–3680. DATES: Consideration will be given to all on these species will be determined Dated: November 3, 2000 during the damage assessment. comments received by January 26, 2001. Margaret A. Davidson (D) Lost Use: MDE issued fishing, ADDRESSES: Written comments and shellfishing, and crabbing advisories Acting Assistant Administrator for Ocean recommendations on the proposed Services and Coastal Zone Management. and closures immediately following the information collection should be sent to spill. These areas have since been [FR Doc. 00–30127 Filed 11–24–00; 8:45 am] SAF/PAX, Air Force Public Affairs, reopened. In addition, sections of the BILLING CODE 3510±JE±U 1690 Air Force Pentagon, Washington, river and its tributaries were closed to DC 20330–1690, Attention: Lt Col Anne boat traffic as part of the response. Morris. (2) Response actions during clean up CONSUMER PRODUCT SAFETY FOR FURTHER INFORMATION CONTACT: To have not adequately addressed the COMMISSION request more information on this injuries resulting from the incident. proposed information collection or to Although response actions were ``Federal Register'' Citation of Previous obtain a copy of the proposal and initiated promptly, the nature of Announcement: November 21, 2000 associated collection instruments, discharge and the sensitivity of the (Volume 65, Number 225, Page 69915) please write to the above address, or call environment precluded prevention of Previously Announced Time and Date SAF/PAX at (703) 692–6228. injuries to some natural resources. It is of Meeting: 2 p.m., November 29, 2000. Title: The Public and the United anticipated that injured natural Changes in Meeting: The closed States Air Force (USAF): Recruiting and resources will eventually return to meeting regarding the Compliance Retention Challenges. baseline levels, but there is a potential Status Report is canceled. The meeting for significant interim losses to have will be rescheduled. Needs and Uses: For the first time in occurred and to continue to occur, until For a recorded message containing the its history, the USAF is struggling to return to baseline is achieved. latest agenda information, call (301) meet its recruiting goals. The USAF also (3) Feasible primary and 504–0709. faces the challenge of improving retention levels for those people who compensatory restoration exists to FOR FURTHER INFORMATION CONTACT: have joined the Air Force. A address injuries from this incident. Sadye E. Dunn, Office of the Secretary, combination of environmental factors, Among the available procedures are 4330 East West Highway, Bethesda, MD including increasing operations tempo, marsh injury assessment studies to be 20207 (301) 504–0800. used in conjunction with Habitat frequency and length of deployments Equivalency Analysis to determine Dated: November 22, 2000. and the robust American economy of compensation for injuries to marsh Sadye E. Dunn, the past few years have rendered vegetation and marsh services. Other Secretary. continuing service in the USAF less approaches are available for evaluating [FR Doc. 00–30272 Filed 11–22–00; 1:22 pm] desirable for some of its members. Both injuries to fauna such as migratory BILLING CODE 6355±01±M recruitment and retention challenges birds. Components of a restoration plan impact the Air Force’s ability to sustain may include wetland habitat mandated end strength. To address enhancement, water quality DEPARTMENT OF DEFENSE these requirements and challenges, the improvement projects, bird and wildlife USAF has launched the first paid enhancement activities and Department of the Air Force network television advertising campaign compensation for lost human use. in its history. New television Public Involvement: Pursuant to 15 Proposed Collection; Comment advertisements began airing in CFR 990.44, the Trustees seek public Request September 2000 as a primary element of involvement in restoration planning AGENCY: Department of the Air Force, a focused national campaign to tell the through public review and comment on DoD. Air Force story to Americans and, in the the documents contained in the ACTION: Notice. process, address recruiting and Administrative Record. Comments retention challenges. Continued should be sent to Jim Hoff, NOAA In compliance with section audience research is needed to guide Damage Assessment Center, Room 3506(c)(2)(A) of the Paperwork evaluation of the campaign’s

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70700 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices effectiveness and planning of future Sciences; U. S. Department of Energy; SUMMARY: This notice announces a campaigns. 19901 Germantown Road; Germantown, meeting of the Biological and Affected Public: Residents (15 years MD 20874–1290; Telephone: (301) 903– Environmental Research Advisory and older) of telephone-equipped 5565. Committee. Federal Advisory households in the U.S. SUPPLEMENTARY INFORMATION: Committee Act (Public Law 92–463, 86 Annual Burden Hours: 1,000. Purpose of the Meeting: The purpose Stat. 770) requires that public notice of Number of Respondents: 4,500. of this meeting is to provide advice and these meetings be announced in the Responses Per Respondent: 1. guidance with respect to the basic Federal Register. Average Burden Per Response: 13.3 energy sciences research program. Minutes. DATES: Monday, December 11, 2000, Tentative Agenda: Agenda will 8:30 a.m. to 5:00 p.m.; and Tuesday, Frequency: At roughly 3-month include discussions of the following: intervals. December 12, 2000, 8:30 a.m. to 12:00 Monday, December 11, 2000 p.m. SUPPLEMENTARY INFORMATION: • News from Basic Energy Sciences • Subpanel Report on the Review of ADDRESSES: American Geophysical Summary of Information Collection the Intense Pulsed Neutron Source Union, 2000 Florida Avenue, N.W., These three surveys will serve (IPNS) at Argonne National Laboratory Washington, D.C. 20009. multiple purposes. They will gauge and the Manuel Lujan, Jr. Neutron FOR FURTHER INFORMATION CONTACT: Dr. recruitment-age youth’s and their Scattering Center (MLNSC) at the Los David Thomassen (301–903–9817; influencers’ awareness of, familiarity Alamos Neutron Science Center at Los [email protected]), or with, attitudes about and feelings Alamos National Laboratory Ms. Shirley Derflinger (301–903–0044; toward the Air Force. These measures • Future Activities [email protected]), will be made at roughly 3-month Public Participation: The meeting is Designated Federal Officers, Biological intervals during the course of the open to the public. If you would like to and Environmental Research Advisory current USAF television advertising file a written statement with the Committee, U.S. Department of Energy, campaign, giving insight into the Committee, you may do so either before , Office of Biological communication initiative’s ongoing or after the meeting. If you would like and Environmental Research, SC–70, performance. The surveys will allow to make oral statements regarding any of 19901 Germantown Road, Germantown, direct comparison of target youth and the items on the agenda, you should Maryland 20874–1290. The most influential adult thinking about factors contact Sharon Long at 301–903–6594 current information concerning this affecting recruitment decision-making. (fax) or [email protected] (e- meeting can be found on the website: Findings from these surveys of the mail). You must make your request for http://www.science.doe.gov/ober/berac/ civilian population also will be an oral statement at least 5 business announce.html days prior to the meeting. Reasonable compared with similar data to be SUPPLEMENTARY INFORMATION: Purpose of gathered from the internal USAF provision will be made to include the scheduled oral statements on the the Meeting: To provide advice on a population at approximately the same continuing basis to the Director, Office time, providing a valuable head-to-head agenda. The Chairperson of the Committee will conduct the meeting to of Science of the Department of Energy, comparison of civilians’ and Air Force on the many complex scientific and people’s perceptions of what the Air facilitate the orderly conduct of business. Public comment will follow technical issues that arise in the Force does and why a young person development and implementation of the should want to join. the 10-minute rule. This notice is being published less than 15 days before the biological and environmental research Janet A. Long, date of the meeting due to the program. Air Force Federal Register Liaison Officer. Thanksgiving holiday. Tentative Agenda [FR Doc. 00–30128 Filed 11–24–00; 8:45 am] Minutes: The minutes of this meeting Monday, December 11, and Tuesday, BILLING CODE 5001±05±U will be available for public review and copying within 30 days at the Freedom December 12, 2000: of Information Public Reading Room; • Welcoming Remarks • DEPARTMENT OF ENERGY 1E–190, Forrestal Building; 1000 Opening of Meeting Independence Avenue, S.W.; • Remarks from Dr. Mildred S. Office of Science; Basic Energy Washington, D.C. 20585; between 9:00 Dresselhaus, Director, Office of Science Sciences Advisory Committee a.m. and 4:00 p.m., Monday through • Report by Dr. Ari Patrinos, Friday, except holidays. Associate Director for Biological and AGENCY: Department of Energy. Issued in Washington, D.C. on November Environmental Research (BER) on the ACTION: Notice of open meeting. 20, 2000. Status of BER • Update on Office of Biological and SUMMARY: This notice announces a Rachel M. Samuel, Deputy Advisory Committee, Management Environmental Research Activities meeting of the Basic Energy Sciences • Advisory Committee (BESAC). Federal Officer. Discussion of Roadmap for BERAC [FR Doc. 00–30125 Filed 11–24–00; 8:45 am] Report, Bringing the Genome to Life Advisory Committee Act (Pub. L. 92– • 463, 86 Stat. 770) requires that public BILLING CODE 6450±01±P Report from the Natural and notice of these meetings be announced Accelerated Bioremediation Research in the Federal Register. (NABIR) Subcommittee DEPARTMENT OF ENERGY • Review of Subcommittee Activities DATES: Monday, December 11, 2000, • New Business 8:00 a.m. to 5:00 p.m. Office of Science; Biological and • Public Comment (10-minute rule) ADDRESSES: Marriott at Metro Center; Environmental Research Advisory Public Participation: The day and a 775 12th Street, NW; Washington, DC Committee half meeting is open to the public. If you 20005. AGENCY: Department of Energy. would like to file a written statement FOR FURTHER INFORMATION CONTACT: with the Committee, you may do so ACTION: Notice of open meeting. Sharon Long; Office of Basic Energy either before or after the meeting. If you

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices 70701 would like to make oral statements Tentative Agenda DEPARTMENT OF ENERGY regarding any of the items on the 1. Opening Activities, 6:00–6:30 p.m. agenda, you should contact David 2. Public Comments, 6:30—7:00 p.m. Office of Energy Efficiency and Thomassen or Shirley Derflinger at the 3. Reports: Renewable Energy address or telephone numbers listed Air Quality Reports—Dr. John Till Biomass Research and Development above. You must make your request for Presentation on WIPP an oral statement at least five business 4. Committee Reports: Technical Advisory Committee days before the meeting. Reasonable Waste Management AGENCY: Department of Energy. provision will be made to include the Environmental Restoration ACTION: Notice of open meeting. scheduled oral statements on the Monitoring and Surveillance agenda. The Chairperson of the Community Outreach SUMMARY: This notice announces an Committee will conduct the meeting to Budget open meeting of the Biomass Research facilitate the orderly conduct of 5. Other Board business will be conducted as and Development Technical Advisory business. Public comment will follow necessary. Committee. The Federal Advisory the 10-minute rule. This notice is being Committee Act (Public Law No. 92–463, published less than 15 days before the This agenda is subject to change at 86 Stat. 770), requires that agencies date of the meeting due to the least one day in advance of the meeting. publish these notices in the Federal Thanksgiving holiday. Public Participation: The meeting is Register to allow for public Minutes: The minutes of this meeting open to the public. Written statements participation. This notice announces the will be available for public review and may be filed with the Committee either first meeting of the Biomass Research copying within 30 days at the Freedom before or after the meeting. Individuals and Development Technical Advisory of Information Public Reading Room, who wish to make oral statements Committee under the Biomass Research IE–190, Forrestal Building, 1000 pertaining to agenda items should and Development Act of 2000. Independence Avenue, SW., contact Ann DuBois at the address or Dates: December 13, 2000. Washington, D.C., between 9:00 a.m. telephone number listed above. Time: 9 a.m.–4 p.m. and 4:00 p.m., Monday through Friday, Requests must be received five days ADDRESSES: 1800 M Street, NW., 3rd except Federal holidays. prior to the meeting and reasonable Floor, Waugh Auditorium, Washington, Issued in Washington, D.C. on November provision will be made to include the DC 20036. 21, 2000. presentation in the agenda. The Deputy FOR FURTHER INFORMATION CONTACT: Rachel M. Samuel, Designated Federal Officer is Richard F. Moorer, Designated Federal Deputy Advisory Committee, Management empowered to conduct the meeting in a Officer for the Committee, Office of Officer. fashion that will facilitate the orderly Energy Efficiency and Renewable [FR Doc. 00–30123 Filed 11–24–00; 8:45 am] conduct of business. Each individual Energy, U.S. Department of Energy, BILLING CODE 6450±01±P wishing to make public comment will 1000 Independence Avenue, SW, be provided a maximum of five minutes Washington, DC 20585; (202) 586–7766. to present their comments at the SUPPLEMENTARY INFORMATION: DEPARTMENT OF ENERGY beginning of the meeting. Purpose of Meeting: To provide advice and guidance that promotes Environmental Management Site- Minutes: Minutes of this meeting will research and development leading to Specific Advisory Board, Los Alamos be available for public review and bioenergy and biobased products. copying at the Freedom of Information AGENCY: Department of Energy. Tentative Agenda: Agenda will include Public Reading Room, 1E–190, Forrestal ACTION: Notice of open meeting. discussions on the following: Building, 1000 Independence Avenue, • Legal Briefing on Federal Advisory SUMMARY: This notice announces a SW, Washington, DC 20585 between 9 Committee Act (FACA) meeting of the Environmental a.m. and 4 p.m., Monday-Friday, except • Biomass Research and Development Management Site-Specific Advisory Federal holidays. Minutes will also be Act of 2000 Board (EM SSAB), Los Alamos. The available at the Public Reading Room • Charter of the Biomass Research Federal Advisory Committee Act (Pub. located at the Board’s office at 1640 Old and Development Technical Advisory L. No. 92–463, 86 Stat. 770) requires Pecos Trail, Suite H, Santa Fe, NM. Committee that public notice of these meetings be Hours of operation for the Public • Accomplishments and Ongoing announced in the Federal Register. Reading Room are 9:00 a.m.–4:00 p.m. actions to promote the increased use of DATES: Wednesday, December 13, 2000, on Monday through Friday. Minutes bioenergy and biobased products • 6:00 p.m.–9:00 p.m. will also be made available by writing Recent and proposed solicitations to promote bioenergy and biobased ADDRESSES: Town Hall, 139 Longview or calling Ann DuBois at the Board’s products Drive, White Rock, New Mexico. office address or telephone number • listed above. Minutes and other Board Next steps FOR FURTHER INFORMATION CONTACT: Ann • Public comments documents are on the Internet at DuBois, Northern New Mexico Citizens’ • Coordination among Federal Advisory Board, 1640 Old Pecos Trail, http:www.nnmcab.org. agencies Suite H, Santa Fe, NM 87505. Phone Issued at Washington, DC on November 21, • Strategic Plan (505) 989–1662; fax (505) 989–1752 or e- 2000. • Report to Congress mail: [email protected]. Rachel M. Samuel, Public Participation: In keeping with SUPPLEMENTARY INFORMATION: Purpose of Deputy Advisory Committee Management procedures, members of the public are the Board: The purpose of the Board is Officer. welcome to observe the business of the to make recommendations to DOE and [FR Doc. 00–30124 Filed 11–24–00; 8:45 am] Biomass Research and Development its regulators in the areas of Technical Advisory Committee. If you environmental restoration, waste BILLING CODE 6450±50±P would like to file a written statement management, and related activities. with the Committee, you may do so

VerDate 112000 20:06 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70702 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices either before or after the meeting. If you almost entirely in Arkansas but crosses Company (Kern River) tendered for would like to make oral statements the Arkansas-Missouri border and filing as part of its FERC Gas Tariff, regarding any of these items on the extends approximately 50 feet into Second Revised Volume No. 1, the agenda, you should contact Richard F. Missouri where it interconnects with following tariff sheets to become Moorer at 202–586–7766 or another local distribution company in effective January 1, 2001: [email protected] (e-mail). You must Missouri. ANG requests approval of the Second Revised Sheet No. 5 make your request for an oral statement proposed rates to facilitate ANG’s First Revised Sheet No. 6 at least 5 business days before the deliveries of gas across the Arkansas- meeting. Members of the public will be Missouri border. The proposed rates Kern River states that the purpose of heard in the order in which they sign up will apply only to the delivery of gas on this filing is to revise its tariff to at the beginning of the meeting. the ANG system located in northeast incorporate the Gas Research Institute Reasonable provision will be made to Arkansas and Southeast Missouri. (GRI) surcharges approved by the include the scheduled oral statements Pursuant to section 284.123(b)(2)(ii), Commission for 2001. on the agenda. The Chair of the if the Commission does not act within Kern River states that a copy of this Committee will make every effort to 150 days of the filing date, the rate will filing has been served upon its hear the views of all interested parties. be deemed to be fair and equitable and customers and interested state The Chair will conduct the meeting to not in excess of an amount which regulatory commissions. facilitate the orderly conduct of interstate pipelines would be permitted Any person desiring to be heard or to business. to charge for similar transportation protest said filing should file a motion Minutes: The minutes of the meeting service. The Commission may, prior to to intervene or a protest with the will be available for public review and the expiration of the 150-day period, Federal Regulatory Commission, 888 copying within 30 days at the Freedom extend the time for action or institute a First Street, N.E., Washington, D.C. of Information Public Reading Room; proceeding to afford parties an 20426, in accordance with Sections Room 1E–190; Forrestal Building; 1000 opportunity for written comments and 385.214 or 385.211 of the Commission’s Independence Avenue, SW, for the oral presentation of views, data, Rules and Regulations. All such motions Washington, DC, between 9:00 a.m. and and arguments. or protests must be filed in accordance 4:00 p.m., Monday through Friday, Any person desiring to participate in with Section 154.210 of the except Federal holidays. this rate proceeding must file a motion Commission’s Regulations. Protests will be considered by the Commission in Issued at Washington, DC on November 21, to intervene or protest with the Federal Energy Regulatory Commission, 888 determining the appropriate action to be 2000. taken, but will not serve to make Rachel M. Samuel, First Street, NE., Washington, D.C. 20426, in accordance with Rules 211 protestants parties to the proceedings. Deputy Advisory Committee Management Any person wishing to become a party Officer. and 214 of the Commission’s rules of Practice and Procedure (18 CFR 385.211 mut file a motion to intervene. Copies [FR Doc. 00–30126 Filed 11–24–00; 8:45 am] and 385.214). All motions must be filed of this filing are on file with the BILLING CODE 6450±01±P with the Secretary of the Commission Commission and are available for public on or before December 5, 2000. This inspection in the Public Reference Room. This filing may be viewed on the DEPARTMENT OF ENERGY petition for rate approval is on file with the Commission and is available for web at http://www.ferc.fed.us/online/ rims.htm (call 202–208–2222 for Federal Energy Regulatory public inspection. This filing may be assistance). Comments and protests may Commission viewed on the web at http://www.ferc.fed.us/online/rims.htm be filed electronically via the internet in [Docket No. PR01±1±000] (call 202–208–2222 for assistance). lieu of paper. See, 18 CFR Comments and protests may be filed 385.2001(a)(1)(iii) and the instructions Associated Natural Gas Company; electronically via the internet in lieu of on the Commission’s web site at Notice of Petition for Rate Approval paper. See, 18 CFR 385.200(a)(1)(iii) and http://www.ferc.fed.us/efi/doorbell.htm. November 20, 2000. the instruction on the Commission’s David P. Boergers, Take notice that on November 1, web sit at http://www.ferc.fed.us.efi/ Secretary. doorbell.htm. 2000, Associated Natural Gas Company [FR Doc. 00–30073 Filed 11–24–00; 8:45 am] (ANG) filed, pursuant to section David P. Boergers, BILLING CODE 6717±01±M 284.123(b)(2) of the Commission’s Secretary. regulations, a petition for rate approval [FR Doc. 00–30086 Filed 11–24–00; 8:45 am] requesting that the Commission approve DEPARTMENT OF ENERGY BILLING CODE 6717±01±M as fair and equitable a firm maximum reservation rate of $1.9662 per MMBtu, Federal Energy Regulatory Commission a firm minimum reservation rate of DEPARTMENT OF ENERGY $0.0000, maximum and minimum [Docket No. RP01±103±000] commodity rates of $0.00273 per Federal Energy Regulatory MMBtu, an interruptible maximum rate Commission Northwest Alaskan Pipeline Company; of $0.03663, and an interruptible [Docket No. RP01±102±000] Notice of Proposed Changes in FERC minimum rate of $0.00273 per MMBtu Gas Tariff for transportation services performed Kern River Gas Transmission under its blanket certificate issued Company; Notice of Proposed November 20, 2000. pursuant to 18 CFR 284.224. Changes in FERC Gas Tariff Take notice that on November 15, ANG states that its facilities consist of 2000 Northwest Alaskan Pipeline two discrete, non-integrated systems. November 20, 2000. Company (Northwest Alaskan) tendered One of these systems is located entirely Take notice that on November 15, for filing to become part of its FERC Gas in Arkansas. The other system is located 2000, Kern River Gas Transmission Tariff, Original Volume No. 2, Forty-

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Eighth Revised Sheet No. 5, proposed to DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY be effective January 1, 2001. Northwest Alaskan states that the Federal Energy Regulatory Federal Energy Regulatory Commission instant filing is submitted pursuant to Commission Section 4 of the Natural Gas Act, Section 9 of the Alaskan Natural Gas [Docket No. RP01±100±000] [Docket No. RP01±101±000] Transportation Act of 1976 and Part 154 Northwest Pipeline Corporation; Notice Panhandle Eastern Pipe Line of the Commission’s Regulations. of Proposed Changes in FERC Gas Company; Notice of Filing Report Northwest Alaskan is submitting this Tariff filing pursuant to the provisions of the November 20, 2000. amended purchase agreements between November 20, 2000. Northwest Alaskan and Pan-Alberta Gas Take notice that on November 15, Take notice that on November 15, (U.S.), Inc. (PAG–US), and pursuant to 2000, Panhandle Eastern Pipe Line 2000, Northwest Pipeline Corporation Rate Schedules X–1, X–2 and X–3, Company (Panhandle) tendered for (Northwest) tendered for filing as part of filing its final reconciliation report in which provide for Northwest Alaskan to its FERC Gas Tariff the following tariff file 45 days prior to the commencement accordance with the February 12, 1997 sheets to become effective January 1, Stipulation and Agreement in Docket of the next demand charge period 2001: (January 1, 2001 through June 30, 2001) No. RP96–260–000 (Settlement). the demand charges and demand charge Third Revised Volume No. 1 Panhandle states that pursuant to the adjustments which Northwest Alaskan Nineteenth Revised Sheet No. 5 Commission’s September 30, 1999 order will charge during the period. in Docket No. RP99–497–000, it Original Volume No. 2 established the Carryover Docket No. Northwest Alaskan states that Twenty-Sixth Revised Sheet No. 2.2 included in Appendix B attached to the RP96–260–000 Settlement Volumetric Surcharge applicable to Rate Schedules filing are the workpapers supporting the Northwest states that the purpose of derivation of the revised demand charge this filing is to revise its tariff to IT and EIT, to be effective during the and demand charge adjustment reflected incorporate the Gas Research Institute twelve month period commencing on the tariff sheet included therein. (GRI) surcharges approved by the October 1, 1999. On August 31, 2000 Commission for 2001. Panhandle filed in Docket No. RP00– Northwest Alaskan states that it is 525–000 to suspend the Carryover serving copies of the instant filing to its Northwest states that a copy of this Docket No. RP96–260–000 Settlement filing has been served upon its affected customers. Volumetric Surcharge applicable to Rate customers and interested state Any person desiring to be heard or to Schedules IT and EIT effective October regulatory commissions. protest said filing should file a motion 1, 2000. The Commission accepted to intervene or a protest with the Any person desiring to be heard or to Panhandle’s filing on September 27, Federal Energy Regulatory Commission, protest said filing should file a motion 2000. to intervene or a protest with the 888 First Street, NE., Washington, DC Panhandle further states copies of this 20426, in accordance with Sections Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC filing are being served on all to the 385.214 or 385.211 of the Commission’s proceedings in Docket Nos. RP96–260– Rules and Regulations. All such motions 20426, in accordance with Sections 385.214 or 385.211 of the Commission’s 000 and RP00–525–000. or protests must be filed in accordance Rules and Regulations. All such motions with Section 154.210 of the Any person desiring to be heard or to or protests must be filed in accordance protest said filing should file a motion Commission’s Regulations. Protests will with Section 154.210 of the be considered by the Commission in to intervene or a protest with the Commission’s Regulations. Protests will Federal Energy Regulatory Commission, determining the appropriate action to be be considered by the Commission in taken, but will not serve to make 888 First Street, N.E., Washington, D.C. determining the appropriate action to be 20426, in accordance with Sections protestants parties to the proceedings. taken, but will not serve to make Any person wishing to become a party 385.214 or 385.211 of the Commission’s protestants parties to the proceedings. Rules and Regulations. All such motions must file a motion to intervene. Copies Any person wishing to become a party of this filing are on file with the or protests must be filed on or before must file a motion to intervene. Copies November 28, 2000. Protests will be Commission and are available for public of this filing are on file with the considered by the Commission in inspection in the Public Reference Commission and are available for public determining the appropriate action to be Room. This filing may be viewed on the inspection in the Public Reference web at http://www.ferc.fed.us/online/ Room. This filing may be viewed on the taken, but will not serve to make rims.htm (call 202–208–2222 for web at http://www.ferc.fed.us/online/ protestants parties to the proceedings. assistance). Comments and protests may rims.htm (call 202–208–2222 for Any person wishing to become a party be filed electronically via the internet in assistance). Comments and protests may must file a motion to intervene. Copies lieu of paper. See, 18 CFR be filed electronically via the internet in of this filing are on file with the 385.2001(a)(1)(iii) and the instructions lieu of paper. See, 18 CFR Commission and are available for public on the Commission’s web site at http:/ 385.2001(a)(1)(iii) and the instructions inspection in the Public Reference /www.ferc.fed.us/efi/doorbell.htm. on the Commission’s web site at http:/ Room. This filing may be viewed on the /www.ferc.fed.us/efi/doorbell.htm. web at http://www.ferc.fed.us/online/ David P. Boergers, rims.htm (call 202–208–2222 for David P. Boergers, Secretary. assistance). Comments and protests may [FR Doc. 00–30087 Filed 11–24–00; 8:45 am] Secretary. be filed electronically via the internet in [FR Doc. 00–30071 Filed 11–24–00; 8:45 am] BILLING CODE 6717±01±M lieu of paper. See, 18 CFR BILLING CODE 6717±01±M 385.2001(a0(1)(iii) and the instructions

VerDate 112000 20:06 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70704 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices on the Commission’s web site at http:/ on the Commission’s web site at http:/ Commission on September 14, 2000 in /www.ferc.fed.us/efi/doorbell.htm. /www.ferc.fed.us/efi/doorbell.htm. the above referenced docket. Comment date: November 30, 2000, in David P. Boergers, David P. Boergers, accordance with Standard Paragraph E Secretary. Secretary. at the end of this notice. [FR Doc. 00–30072 Filed 11–24–00; 8:45 am] [FR Doc. 00–30070 Filed 11–24–00; 8:45 am] BILLING CODE 6717±01±M BILLING CODE 6717±01±M 4. PJM Interconnection L.L.C. [Docket No. ER00–3576–001] Take notice that on November 9, DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY 2000, PJM Interconnection L.L.C., Federal Energy Regulatory Federal Energy Regulatory tendered for filing a refund report in the Commission Commission above-referenced docket. Comment date: November 30, 2000, in [Docket No. RP01±99±000] [Docket No. ES01±12±000, et al.] accordance with Standard Paragraph E at the end of this notice. Southern Natural Gas Company; MDU Resources Group, Inc., et al.; Notice of Proposed Changes to FERC Electric Rate and Corporate Regulation 5. Idaho Power Company Gas Tariff Filings [Docket No. ER97–1481–002] November 20, 2000. November 17, 2000. Take notice that on November 13, Take notice that on November 15, Take notice that the following filings 2000, Idaho Power Company tendered 2000, Southern Natural Gas Company have been made with the Commission: for filing an updated market power (Southern) tendered for filing as part of analysis in compliance with the its FERC Gas Tariff, Seventh Revised 1. MDU Resources Group, Inc. Commission’s order in Docket No. Volume No. 1, the following tariff sheets [Docket No. ES01–12–000] ER97–1481. to become effective December 15, 2000: Take notice that on November 15, Comment date: December 4, 2000, in 2nd Revised Sheet No. 78 2000, MDU Resources Group, Inc. accordance with Standard Paragraph E 2nd Revised Sheet No. 92 submitted an application pursuant to at the end of this notice. Southern states that the purpose of section 204 of the Federal Power Act 6. Carolina Power & Light Company this filing is to follow-through with its requesting authorization to incur short- [Docket No. ER00–3435–002] proposal set forth in its Order No. 637 term indebtedness in an amount not to Compliance Filing in Docket No. RP00– exceed $75 million. Take notice that on November 13, 476 in which Southern agreed to allow Comment date: December 8, 2000, in 2000, Carolina Power & Light (CP&L or intraday storage transfers. Southern accordance with Standard Paragraph E the Company), tendered for filing proposes to allow shippers under Rate at the end of this notice. revised tariff sheets in compliance with the Commission’s order issued October Schedule ISS and CSS to request a 2. H.Q. Energy Services (U.S.) Inc. transfer at any time prior to the 11, 2000 in Carolina Power & Light nomination deadline applicable to the [Docket No. ER97–851–012] Company, 93 FERC ¶ 61,032 (2000). request for transfer. Take notice that on November 9, CP&L requests that this compliance Southern states that copies of the 2000, H.Q. Energy Services (U.S.) Inc. filing be made effective August 17, filing will be served upon its shippers (H.Q. Energy), tendered for filing an 2000, consistent with the Commission’s and interested state commissions. updated generation market power study acceptance of the Company’s filing in Any person desiring to be heard or to in support of sales of electric energy at October 11 order. protest said filing should file a motion market based prices, pursuant to the Copies of the filing were served upon to intervene or a protest with the Commission’s order in H.Q. Energy CP&L’s OATT customers, the North Federal Energy Regulatory Commission, Services (U.S.) Inc., 81 FERC ¶ 61,184 Carolina Utilities Commission and the 888 First Street, NE, Washington, DC (1997). H.Q. Energy also tendered for South Carolina Public Service 20426, in accordance with Sections filing a First Revised FERC Rate Commission. 385.214 or 385.211 of the Commission’s Schedule No. 1 setting forth proposed Comment date: December 4, 2000, in Rules and Regulations. All such motion revisions to its tariff to provide for the accordance with Standard Paragraph E or protests must be filed in accordance sale of specified ancillary services and at the end of this notice. with Section 154.210 of the the reassignment of transmission rights 7. Ameren Energy Generating Company Commission’s Regulations. Protests will to become effective as of the day after be considered by the Commission in the date of filing. [Docket No. ER00–3412–002] determining the appropriate action to be Comment date: November 30, 2000, in Take notice that on November 9, taken, but will not serve to make accordance with Standard Paragraph E 2000, Ameren Energy Generating protestants parties to the proceedings. at the end of this notice. Company (AEG), tendered for filing a Any person wishing to become a party 3. Detroit Edison Company DTE Energy revised version of its market-based rate must file a motion to intervene. Copies Trading, Inc. tariff and a revised version of an of this filing are on file with the amended power supply agreement with Commission and are available for public [Docket No. ER00–3672–001] one customer, each modified in inspection in the Public Reference Take notice that on November 9, compliance with the Commission’s Room. This filing may be viewed on the 2000, Detroit Edison Company and DTE October 11, 2000 order in this web at http://www.ferc.fed.us/online/ Energy Trading, Inc., tendered for filing proceeding. rims.htm (call 202–208–2222 for a request to withdraw its proposed AEG seeks an effective date of August assistance). Comments and protests may revisions to tariffs and power supply 15, 2000 for these changes. be filed electronically via the internet in agreements, proposed service Comment date: November 30, 2000, in lieu of paper. See, 18 CFR agreements and proposed modifications accordance with Standard Paragraph E 385.2001(a)(1)(iii) and the instructions to codes of conduct filed with the at the end of this notice.

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8. Xcel Energy Services, Inc. 10. Consumers Energy Company; be made effective as of October 23, Michigan Electric Transmission 2000. [Docket No. ER01–408–000] Company Comment date: November 30, 2000, in Take notice that on November 9, [Docket No. ER01–410–000] accordance with Standard Paragraph E 2000, Xcel Energy Services Inc. (XES), Take notice that on November 9, at the end of this notice. on behalf of Northern States Power 2000, Consumers Energy Company Companies (NSP), tendered for filing a 13. Southern California Edison (Consumers) and Michigan Electric Long-Term Market-Based Electric Company Transmission Company (Michigan Service Agreement and an Electric Transco), tendered for filing a Michigan [Docket No. ER01–414–000] Service Agreement between NSP and Transco Open Access Transmission Take notice that on November 13, Energy Alternatives, Inc. as Agent for Tariff (OATT) which is to supersede, for 2000, Southern California Edison Dakota Electric Association. the most part, Consumers’ OATT Company (SCE), tendered for filing the NSP requests that this Long-Term (Consumers FERC Electric Tariff No. 6). Agreement For Interconnection Service Market-Based Electric Service The revision is to reflect the proposed (Agreement), between SCE and Harbor Agreement be made effective on August transfer of Consumers’ transmission Cogeneration Company (Harbor). 30, 2000 and the Electric Service assets to Michigan Transco. Copies of The Agreement specifies the terms Agreement be made effective on the filing were served upon all and conditions under which SCE will September 1, 2000. customers under Consumers’ OATT and interconnect Harbor’s 80,000 kW Comment date: November 30, 2000, in upon the Michigan Public Service generating facility with SCE’s Harborgen accordance with Standard Paragraph E Commission. Substation pursuant to SCE’s at the end of this notice. Consumers and Michigan Transco Transmission Owner Tariff. request that the filed OATT be allowed 9. Sierra Pacific Power Company to take effect on the date of the transfer Copies of this filing were served upon the Public Utilities Commission of the [Docket No. ER01–409–000] of those assets, expected to occur approximately February 1, 2001. State of California and all interested Take notice that on November 9, Comment date: November 30, 2000, in parties. 2000, Sierra Pacific Power Company accordance with Standard Paragraph E Comment date: December 4, 2000, in (Sierra) tendered for filing Service at the end of this notice. accordance with Standard Paragraph E Agreements (Service Agreements) with at the end of this notice. 11. Consumers Energy Company the following entities for Point-to-Point 14. Duke Energy Corporation Transmission Service under Sierra [Docket No. ER01–411–000] Pacific Resources Operating Companies Take notice that on November 9, [Docket No. ER01–415–000] FERC Electric Tariff, Revised Volume 2000, Consumers Energy Company Take notice that on November 9, No. 1, Open Access Transmission Tariff (Consumers) tendered for filing a 2000, Duke Energy Corporation (Duke) (Tariff): Facilities Agreement between tendered for filing a Service Agreement For Non-Firm Point-to-Point Transmission Consumers and SEI Michigan, L.L.C. with The Detroit Edison Company, for Service [SEI] (Agreement). Under the Non-Firm Transmission Service under 1. Sacramento Municipal Utility District Agreement, Consumers is to provide Duke’s Open Access Transmission 2. The Legacy Energy Group, LLC electrical connection facilities between Tariff. a generating plant to be built by SEI and 3. Morgan Stanley Capital Group Inc. Duke requests that the proposed Consumers transmission system. For Short-Term Firm Point-to-Point Service Agreement be permitted to Consumers requested that the Transmission Service become effective on October 10, 2000. 1. Sacramento Municipal Utility District Agreement be allowed to become effective October 4, 2000. Duke states that this filing is in 2. The Legacy Energy Group, LLC accordance with Part 35 of the 3. Morgan Stanley Capital Group Inc. Copies of the filing were served upon SEI and the Michigan Public Service Commission’s Regulations and a copy Sierra filed the executed Service Commission. has been served on the North Carolina Agreements with the Commission in Comment date: November 30, 2000, in Utilities Commission. compliance with Sections 13.4 and 14.4 accordance with Standard Paragraph E Comment date: November 30, 2000, in of the Tariff and applicable Commission at the end of this notice. accordance with Standard Paragraph E regulations. Sierra also submitted 12. California Independent System at the end of this notice. revised Sheet Nos. 195 and 196 Operator Corporation 15. Cinergy Services, Inc. (Attachment E) to the Tariff, which is an updated list of all current subscribers. [Docket No. ER01–412–000] [Docket No. ER01–416–000] Sierra requests waiver of the Take notice that on November 9, Take notice that on November 13, Commission’s notice requirements to 2000, the California Independent 2000, Cinergy Services, Inc. (Cinergy) permit and effective date of November System Operator Corporation, tendered and Engelhard Power Marketing, Inc., 10, 2000 for Attachment E, and to allow for filing a Scheduling Coordinator are requesting a cancellation of Service the Service Agreements to become Agreement between the ISO and Merrill Agreement No. 96, under Cinergy effective according to their terms. Lynch Capital Services, Inc., for Operating Companies, Market-Based acceptance by the Commission. Power Sales Tariff—MB, FERC Electric Copies of this filing were served upon The ISO states that this filing has been Tariff Original Volume No. 7. the Public Utilities Commission of served on Merrill Lynch Capital Nevada, the Public Utilities Commission Services, Inc. and the California Public Cinergy requests an effective date of of California and all interested parties. Utilities Commission. November 13, 2000. Comment date: November 30, 2000, in The ISO is requesting waiver of the Comment date: December 4, 2000, in accordance with Standard Paragraph E 60-day notice requirement to allow the accordance with Standard Paragraph E at the end of this notice. Scheduling Coordinator Agreement to at the end of this notice.

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16. Cinergy Services, Inc. 20. Cinergy Services, Inc. Comment date: December 4, 2000, in [Docket No. ER01–417–000] [Docket No. ER01–421–000] accordance with Standard Paragraph E at the end of this notice. Take notice that on November 13, Take notice that on November 13, 2000, Cinergy Services, Inc. (Cinergy), 2000, Cinergy Services, Inc. (Cinergy) 24. Allegheny Energy Service tendered for filing an executed Market- and Engelhard Power Marketing, Inc. Corporation, on behalf of Allegheny Based Service Agreement and a are requesting a cancellation of Service Energy Supply Company LLC Confirmation Letter for long term Agreement No. 96, under Cinergy [Docket No. ER01–425–000] service under Cinergy’s Market-Based Operating Companies, Cost-Based Take notice that on November 13, Power Sales Standard Tariff—MB (the Power Sales Tariff—CB, FERC Electric 2000, Allegheny Energy Service Tariff) entered into between Cinergy and Tariff Original Volume No. 6. Corporation on behalf of Allegheny Cinergy requests an effective date of City of Hamilton, Ohio (Hamilton). Energy Supply Company, LLC Cinergy and Hamilton are requesting November 13, 2000. (Allegheny Energy Supply Company) Comment date: December 4, 2000, in an effective date of January 1, 2001 and tendered Second Revised Service accordance with Standard Paragraph E the same Rate Designation as per the Agreement No. 17 to complete the filing at the end of this notice. original filing. requirement for one (1) new Customer of Comment date: December 4, 2000, in 21. Cinergy Services, Inc. the Market Rate Tariff under which accordance with Standard Paragraph E Allegheny Energy Supply offers [Docket No. ER01–422–000] at the end of this notice. generation services. The Power Take notice that on November 10, 17. Cinergy Services, Inc. Purchase and Sale Agreement portion of 2000, Cinergy Services, Inc. (Cinergy), Second Revised Service Agreement No. [Docket No. ER01–418–000] tendered for filing a Service Agreement 17 for Coastal Merchant Energy, L.P. Take notice that on November 13, under Cinergy’s Cost-Based Power Sales will maintain the effective date of 2000, Cinergy Services, Inc. (Cinergy) Standard Tariff—CB (the Tariff) entered November 22, 1999, in accordance with and PPL Inc., are requesting a into between Cinergy and Strategic the Commission’s Order at Docket No. cancellation of Service Agreement No. Energy, L.L.C. (Strategic). This Service ER00–862–000 and the Netting 111, under Cinergy Operating Agreement has been executed by both Agreement will maintain an effective Companies, Resale of Transmission parties and is to replace the existing date as of May 12, 2000 as accepted by Rights and Ancillary Service Rights, unexecuted Service Agreement. the Commission in Docket No. ER00– Comment date: December 4, 2000, in FERC Electric Tariff Original Volume 2751–000. accordance with Standard Paragraph E No. 8. Copies of the filing have been at the end of this notice. Cinergy requests an effective date of provided to the Public Utilities July 1, 2000. 22. Cinergy Services, Inc. Commission of Ohio, the Pennsylvania Public Utility Commission, the Comment date: December 4, 2000, in [Docket No. ER01–423–000] accordance with Standard Paragraph E Maryland Public Service Commission, Take notice that on November 13, at the end of this notice. the Virginia State Corporation 2000, Cinergy Services, Inc. (Cinergy), Commission, the West Virginia Public 18. Cinergy Services, Inc. tendered for filing a Service Agreement Service Commission, and all parties of [Docket No. ER01–419–000] under Cinergy’s Market-Based Power record. Sales Standard Tariff—MB (the Tariff) Comment date: December 4, 2000, in Take notice that on November 13, entered into between Cinergy and accordance with Standard Paragraph E 2000, Cinergy Services, Inc. (Cinergy) Strategic Energy, L.L.C. (Strategic). This at the end of this notice. and PPL Inc. are requesting a Service Agreement has been executed cancellation of Service Agreement No. by both parties and is to replace the 25. Virginia Electric and Power 32, under Cinergy Operating existing unexecuted Service Agreement. Company Companies, Cost-Based Power Sales Comment date: December 4, 2000, in [Docket No. ER01–426–000] Tariff—CB, FERC Electric Tariff Original accordance with Standard Paragraph E Take notice that on November 13, Volume No. 6. at the end of this notice. 2000, Virginia Electric and Power Cinergy requests an effective date of 23. Pacific Gas and Electric Company Company (Dominion Virginia Power or July 1, 2000. the Company), tendered for filing a Comment date: December 4, 2000, in [Docket No. ER01–424–000] Retail Network Integration Transmission accordance with Standard Paragraph E Take notice that on November 13, Service and Network Operating at the end of this notice. 2000, Pacific Gas and Electric Company Agreement (Service Agreement) by 19. Cinergy Services, Inc. (PG&E), tendered for filing a new Grid Virginia Electric and Power Company to Management Charge Pass-Through AEP Retail Energy LLC designated as [Docket No. ER01–420–000] Tariff (GMC Pass-Through Tariff). This Service Agreement No. 310 under the Take notice that on November 13, filing seeks to recover the costs Company’s Retail Access Pilot Program, 2000, Cinergy Services, Inc. (Cinergy) proposed in the California Independent pursuant to Attachment L of the and PPL Inc. are requesting a System Operator Corporation’s (ISO) Company’s Open Access Transmission cancellation of Service Agreement No. GMC filing in Docket No. ER01–313– Tariff, FERC Electric Tariff, Second 32, under Cinergy Operating 000 on November 1, 2000. Revised Volume No. 5, to Eligible Companies, Market-Based Power Sales PG&E requests an effective date of Purchasers effective June 7, 2000. Tariff—MB, FERC Electric Tariff January 1, 2001 or the date the Dominion Virginia Power requests an Original Volume No. 7. Commission makes effective the ISO’s effective date of November 10, 2000, the Cinergy requests an effective date of filing in Docket No. ER01–313–000. date of filing of the Service Agreement. July 1, 2000. Copies of this filing have been served Copies of the filing were served upon Comment date: December 4, 2000, in upon the California Public Utilities AEP Retail Energy LLC, the Virginia accordance with Standard Paragraph E Commission, all affected customers and State Corporation Commission, and the at the end of this notice. the ISO. North Carolina Utilities Commission.

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Comment date: December 4, 2000, in tendered for filing an executed service 31. Wisconsin Public Service accordance with Standard Paragraph E agreement for Firm Point-to-Point Corporation at the end of this notice. Transmission Service with [Docket No. ER01–434–000] Southwestern Public Service— 26. Virginia Electric and Power Take notice that on November 13, Wholesale Merchant Function Company 2000, Wisconsin Public Service (Transmission Customer). [Docket No. ER01–427–000] Corporation (WPSC), tendered for filing A copy of this filing was served on the Take notice that on November 13, a revised market-based rate tariff 2000, Virginia Electric and Power Transmission Customer. including a form of umbrella service Company (Dominion Virginia Power or Comment date: December 4, 2000, in agreement. The revised tariff is designed the Company), tendered for filing a accordance with Standard Paragraph E to accommodate the use of the EEI Service Agreement for Firm Point-to- at the end of this notice. Master Power Purchase & Sales Point Transmission Service by Virginia Agreement and includes provisions Electric and Power Company to The 29. Allegheny Energy Supply Company, regarding the resale of transmission Detroit Edison Company designated as L.L.C. The Potomac Edison Company, rights. Service Agreement No. 308 under the West Penn Power Company (d/b/a WPSC requests waiver of the Company’s FERC Electric Tariff, Second Allegheny Power) Commission’s notice of filing Revised Volume No. 5 and a Service [Docket No. ER01–432–000] requirements to allow the tariff to Agreement for Non-Firm Point-to-Point become effective on November 14, 2000, Transmission Service by Virginia Take notice that on November 13, the day after filing. Electric and Power Company to The 2000, Allegheny Energy Supply Copies of the filing were served upon Detroit Edison Company designated as Company, L.L.C. (Allegheny Energy all of WPSC’s tariff customers, the state Service Agreement No. 309 under the Supply), tendered for filing its First commissions of Wisconsin and Company’s FERC Electric Tariff, Second Revised Rate Schedule FERC No. 3. The Michigan, and other concerned parties. Revised Volume No. 5. filing updates the Appendices to the Comment date: December 4, 2000, in The foregoing Service Agreements are Agreement to include the effects of the accordance with Standard Paragraph E tendered for filing under the Open transfer of assets of The Potomac Edison at the end of this notice. Access Transmission Tariff to Eligible Company, changes the definition of 32. Southwestern Public Service Purchasers effective June 7, 2000. Under ‘‘Indexed Price’’ to conform with the Company the tendered Service Agreements, Commission’s Order at Docket No. Dominion Virginia Power will provide ER00–2309–000 and revises the format [Docket No. ER01–435–000] point-to-point service to The Detroit of the entire Agreement to conform with Take notice that on November 13, Edison Company under the rates, terms the designation and pagination 2000, Xcel Energy Services, Inc., on and conditions of the Open Access requirements of the Commission’s Order behalf of Southwestern Public Service Transmission Tariff. No. 614. Company (Southwestern), tendered for Dominion Virginia Power requests an Copies of the filing have been filing an executed umbrella service effective date of November 10, 2000, the agreement under Southwestern’s date of filing of the Service Agreements. provided to the Public Utilities Commission of Ohio, the Pennsylvania market-based sales tariff with Otter Tail Copies of the filing were served upon Power Company (Otter Tail). This The Detroit Edison Company, the Public Utility Commission, the Maryland Public Service Commission, umbrella service agreement provides for Virginia State Corporation Commission, Southwestern’s sale and Otter Tail’s and the North Carolina Utilities the Virginia State Corporation Commission, the West Virginia Public purchase of capacity and energy at Commission. market-based rates pursuant to Comment date: December 4, 2000, in Service Commission and all parties of Southwestern’s market-based sales accordance with Standard Paragraph E record. tariff. at the end of this notice. Comment date: December 4, 2000, in Comment date: December 4, 2000, in 27. Southwest Power Pool, Inc. accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. [Docket No. ER01–430–000] at the end of this notice. Take notice that on November 13, 30. The Montana Power Company 33. Allegheny Energy Service 2000, Southwest Power Pool, Inc. (SPP), [Docket No. ER01–433–000] Corporation, on behalf of Allegheny tendered for filing an executed service Energy Supply Company, LLC agreement for Firm Point-to-Point Take notice that on November 13, [Docket No. ER01–436–000] Transmission Service with 2000, The Montana Power Company Southwestern Public Service— (Montana), tendered for filing with the Take notice that on November 13, Wholesale Merchant Function Federal Energy Regulatory Commission 2000, Allegheny Energy Service (Transmission Customer). pursuant to 18 CFR 35.13 executed Firm Corporation on behalf of Allegheny SPP seeks an effective date of January and Non-Firm Point-To-Point Energy Supply Company, LLC 1, 2001 for the service agreement. Transmission Service Agreements with (Allegheny Energy Supply), tendered for A copy of this filing was served on the the Eugene Water & Electric Board filing Service Agreement No. 99 to add Transmission Customer. under Montana’s FERC Electric Tariff, one (1) new Customer to the Market Comment date: December 4, 2000, in Fourth Revised Volume No. 5 (Open Rate Tariff under which Allegheny accordance with Standard Paragraph E Access Transmission Tariff). Energy Supply Company offers at the end of this notice. generation services, and to incorporate a A copy of the filing was served upon Netting Agreement with The Energy 28. Southwest Power Pool, Inc. the Eugene Water & Electric Board. Authority, Inc., into the tariff [Docket No. ER01–431–000] Comment date: December 4, 2000, in provisions. Take notice that on November 13, accordance with Standard Paragraph E Allegheny Energy Supply requests a 2000, Southwest Power Pool, Inc. (SPP), at the end of this notice. waiver of notice requirements to make

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Service Agreement No. 99 effective as of and 214 of the Commission’s Rules of with it the right of eminent domain. September 12, 2000. Practice and Procedure (18 CFR 385.211 Therefore, if easement negotiations fail Copies of the filing have been and 385.214). All such motions or to produce an agreement, the pipeline provided to the Public Utilities protests should be filed on or before the company could initiate condemnation Commission of Ohio, the Pennsylvania comment date. Protests will be proceedings in accordance with state Public Utility Commission, the considered by the Commission in law. Maryland Public Service Commission, determining the appropriate action to be A fact sheet prepared by the FERC the Virginia State Corporation taken, but will not serve to make entitled ‘‘An Interstate Natural Gas Commission, the West Virginia Public protestants parties to the proceeding. Facility On My Land? What Do I Need Service Commission, and all parties of Any person wishing to become a party To Know?’’ was attached to the project record. must file a motion to intervene. Copies notice CIG provided to landowners. Comment date: December 4, 2000, in of these filings are on file with the This fact sheet addresses a number of accordance with Standard Paragraph E Commission and are available for public typically asked questions, including the at the end of this notice. inspection. This filing may also be use of eminent domain and how to viewed on the Internet at http:// 34. Western Resources, Inc. participate in the Commission’s www.ferc.fed.us/ online/rims.htm (call proceedings. It is available for viewing [Docket No. ER01–444–000] 202–208–2222 for assistance). on the FERC Internet website Take notice that on November 13, David P. Boergers, (www.ferc.fed.us). 2000, Western Resources, Inc. (WR), tendered for filing an agreement Secretary. Summary of the Proposed Project between WR and Kansas Electric Power [FR Doc. 00–30083 Filed 11–24–00; 8:45 am] CIG proposes to construct, operate, Cooperative (KEPCo). This agreement BILLING CODE 6717±01±P and abandon facilities in Colorado and includes (i) an Order No. 614 compliant Kansas to increase the maximum daily version of the Service Agreement storage withdrawal quantity and DEPARTMENT OF ENERGY between WR and KEPCo and, (ii) a increase capacity on its transmission statement of intent to refund the time Federal Energy Regulatory system. CIG seeks authority to: • Drill one injection well/withdrawal value of money pursuant to § 35.19(a) of Commission the Federal Energy Regulatory well and convert one observation well Commission’s regulations. WR states [Docket No. CP01±1±000] to a salt water disposal well at the Fort that the purpose of this agreement is to Morgan Storage Field and upgrade two Colorado Interstate Gas Company; permit KEPCo to take service under WR’ segments of the Fort Morgan Storage Notice of Intent To Prepare an Market Based Power Sales Tariff on file Field gathering system from an MAOP Environmental Assessment for the with the Commission. of 1,800 and 2,000 to an MAOP of 2,160 Proposed Fort Morgan Storage Field This agreement is proposed to be psig; Expansion Project and Request for effective October 1, 2000. • Increase Fort Morgan Storage Field Copies of the filing were served upon Comments on Environmental Issues allowed maximum storage gas in place KEPCo and the Kansas Corporation November 20, 2000. from 14,322 MMcf to 14,858 MMcf, and Commission. The staff of the Federal Energy increase the average shut-in reservoir Comment date: December 4, 2000, in Regulatory Commission (FERC or bottom hole pressure to a maximum of accordance with Standard Paragraph E 2,390 psia; Commission) will prepare an • at the end of this notice. environmental assessment (EA) that will Add 4 injection/withdrawal wells and convert 8 injection/withdrawal 35. Duke Power discuss the environmental impacts of the Fort Morgan Storage Field Project wells to observation wells at the Boehm [Docket No. ER01–450–000] Storage Field; involving construction and operation of • Take notice that on November 13, facilities by Colorado Interstate Gas Install a 600 horsepower 2000, Duke Power (Duke), a division of Company (CIG) in Weld, Adams and compressor along with hydrogen sulfide Duke Energy Corporation, tendered for Morgan Counties, Colorado and Morton treatment and appurtenant facilities at filing a Service Agreement with County Kansas.1 These facilities would the Boehm Storage Field to remove Oglethorpe Power Corporation for consist of about 53.2 miles of 24 inch- Keyes Sands Reservoir base gas. The power sales at market-based rates. diameter pipeline and 2,825 horsepower compressor would be used until the Duke requests that the proposed (hp) of compression. This EA will be pressure in the Keyes Sand Reservoir is Service Agreement be permitted to used by the Commission in its decision- too low to be effectively utilized. CIG become effective on October 30, 2000. making process to determine whether would then abandon the compressor Duke states that this filing is in and the Keyes Sands Reservoir; the project is in the public convenience • accordance with Part 35 of the and necessity. Construct 26.2 miles of 24-inch- Commission’s Regulations and a copy If you are a landowner receiving this diameter pipeline loop adjacent to CIG’s has been served on the North Carolina notice, you may be contacted by a existing pipeline which would run Utilities Commission. pipeline company representative about between CIG’s existing Cheyenne Comment date: December 4, 2000, in the acquisition of an easement to Compressor Station and Ault Meter accordance with Standard Paragraph E Station in Weld County, Colorado; construct, operate, and maintain the • at the end of this notice. proposed facilities. The pipeline Construct new Fort Lupton Compressor Station consisting of three Standard Paragraphs company would seek to negotiate a mutually acceptable agreement. natural gas-fired reciprocating engines E. Any person desiring to be heard or However, if the project is approved by each rated at 2,225 horsepower and to protest such filing should file a the Commission, that approval conveys appurtenant facilities in Weld County, motion to intervene or protest with the Colorado; • Federal Energy Regulatory Commission, 1 CIG’s application was filed with the Construct 27 miles of 24-inch- 888 First Street, N.E., Washington, D.C. Commission under Section 7 of the Natural Gas Act diameter pipeline loop and appurtenant 20426, in accordance with Rules 211 and Part 157 of the Commission’s regulations. facilities from CIG’s proposed Fort

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Lupton Compressor Station in Weld The EA Process Currently Identified Environmental County, Colorado to CIG’s existing The National Environmental Policy Issues Watkins Compressor Station in Adams Act (NEPA) requires the Commission to We have already identified several County, Colorado; and take into account the environmental issues that we think deserve attention • Install miscellaneous facilities impacts that could result from an action based on a preliminary review of the within the Watkins Compressor Station whenever it considers the issuance of a proposed facilities and the that include yard piping, pipe valves, Certificate of Public Convenience and environmental information provided by fittings, controls and regulation and Necessity. NEPA also requires us 2 to CIG. This preliminary list of issues may measurement equipment. discover and address concerns the be changed based on your comments CIG states that these facilities would public may have about proposals. We and our analysis. increase its storage pool deliverability call this ‘‘scoping’’. The main goal of the • Geology and Soils from 775 MMcf to 877 MMcf per day scoping process is to focus the analysis —Shallow topsoil depth and increase capacity from the in the EA on the important —Erosion prone soils Cheyenne Compressor Station. environmental issues. By this Notice of • Water Resources and Wetlands Intent, the Commission requests public —Crossing 5 perennial and 3 The general location of the project comments on the scope of the issues it intermittent streams facilities is shown in appendix 1. will address in the EA. All comments —Crossing 13 wetlands Land Requirements for Construction received are considered during the • Threatened and Endangered Species preparation of the EA. State and local —Potential impacts on 6 federally Construction of CIG’s proposed government representatives are listed species, including the Bald facilities would require about 780 acres encouraged to notify their constituents eagle, Preble’s meadow jumping of land. Following construction, about of this proposed action and encourage mouse, Ute ladies’-tresses, 413 acres would remain as permanent them to comment on their areas of Whooping crane, Least tern, and right-of-way. The remaining 367 acres of concern. Piping plover land would be restored and allowed to The EA will discuss impacts that • Land Use revert to its former use. could occur as a result of the —Impacts on about 9 miles of public The nominal construction right-of- construction and operation of the lands way for the Ault to Cheyenne Loop (5C proposed project under these general —Impacts on about 25 miles of North) would be 85 feet wide, with 50 headings: rangeland feet retained as permanent right-of-way. • Geology and soils; —Impacts on about 23 miles of About 75.5 percent of the route of the • Water resources, fisheries, and agricultural land loop would abut or overlap existing wetlands; • Air and Noise Quality easements. The loop would deviate • Vegetation and wildlife; —Impacts on local air quality and away from existing rights-of-way in • Endangered and threatened species; noise environment as a result of the multiple segments, totaling 6.44 miles, • Public safety; new Fort Lupton Compressor because of the Pawnee National • Land use; Station • Grassland Center or to avoid existing Cultural resources; Public Participation facilities. • Air quality and noise; • Hazardous waste. You can make a difference by The nominal construction right-of- providing us with your specific way for the Watkins to Fort Lupton We will also evaluate possible alternatives to the proposed project or comments or concerns about the project. Loop (5C South) would be 85 feet wide By becoming a commentor, your (75 feet through wetland areas), with 50 portions of the project, and make recommendations on how to lessen or concerns will be addressed in the EA feet retained as permanent right-of-way. and considered by the Commission. You About 97.8 percent of the route of the avoid impacts on the various resource areas. should focus on the potential loop would abut or overlap existing environmental effects of the proposal, easements. The loop would deviate Our independent analysis of the issues will be in the EA. Depending on alternatives to the proposal and away from existing rights-of-way in measures to avoid or lessen multiple segments, totaling 0.69 miles, the comments received during the scoping process, the EA may be environmental impact. The more because of archaeological sites, or to specific your comments, the more useful avoid existing facilities. published and mailed to Federal, state, and local agencies, public interest they will be. Please carefully follow Construction of the new Fort Lupton groups, interested individuals, affected these instructions to ensure that your Compressor Station would disturb about landowners, newspapers, libraries, and comments are received in time and 11 acres, of which 10 acres would be the Commission’s official service list for properly recorded: • required for operation of the facility and this proceeding. A comment period will Send an original and two copies of 1 acre for the access road. The proposed be allotted for review if the EA is your letter to: David P. Boergers, Boehm Storage Field Enhancement published. We will consider all Secretary, Federal Energy Regulatory would consist of a 400 square foot comments on the EA before we make Commission, 888 First St., NE., Room dehydration plant which would affect our recommendations to the 1A, Washington, DC 20426. • approximately 6.7 acres within the Commission. Label one copy of the comments for Cimarron National Grassland with 3.67 To ensure your comments are the attention of Gas/Hydro Group PJ– acres required for the facility. considered, please carefully follow the 11.3. • Additional minor land disturbances instructions in the public participation Reference Docket No. CP01–001– would be associated with pig launching section beginning on page 6. 000. facilities and valves. These disturbances • Mail your comments so that they would be limited to existing meter 2 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the will be received in Washington, DC on stations, compressor stations, or within environmental staff of the Office of Energy Projects or before December 21, 2000. Comments the proposed permanent right-of-way. (OEP). and protests may be filed electronically

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70710 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices via the internet in lieu of paper. See, 18 DEPARTMENT OF ENERGY domain and how to participate in the CFR 385.2001(a)(1)(iii) and the Commission’s proceedings. It is instructions on the Commission’s web Federal Energy Regulatory available for viewing on the FERC site at http://www.ferc.fed.us/efi/ Commission Internet website (www.ferc.fed.us). doorbell.htm. [Docket Nos. CP01±4±000, CP01±5±000, Summary of the Proposed Project CP01±8±000] Becoming an Intervenor Maritimes wants to extend its In addition to involvement in the EA Maritimes & Northeast Pipeline L.L.C., mainline system from a point near scoping process, you may want to et al.; Notice of Intent To Prepare an Methuen, Massachusetts, to an become an official party to the Environmental Impact Statement for interconnection with Algonquin’s proceeding known as an ‘‘intervenor’’. the Proposed Maritimes Phase III/ proposed HubLine facilities in Beverly, Intervenors play a more formal role in Hubline Project and Request for Massachusetts. Maritimes’ proposed Phase III facilities would have an initial the process. Among other things, Comments on Environmental Issues capacity to deliver approximately intervenors have the right to receive November 20, 2000. 360,000 million British thermal units copies of case-related Commission The staff of the Federal Energy per day of natural gas. Algonquin wants documents and filings by other Regulatory Commission (FERC or to interconnect with the proposed intervenors. Likewise, each intervenor Commission) will prepare an Maritimes system in Beverly, must provide 14 copies of its filings to environmental impact statement (EIS) Massachusetts, by constructing the the Secretary of the Commission and that will discuss the environmental proposed HubLine facilities from must send a copy of its filings to all impacts of the Maritimes Phase III/ Beverly to an interconnect with its other parties on the Commission’s HubLine Project involving construction existing I–9 pipeline system at the Sithe service list for this proceeding. If you and operation of facilities by Maritimes Fore River Power Plant in Weymouth, want to become an intervenor you must & Northeast Pipeline, L.L.C. (Maritimes) Massachusetts. Maritimes seeks file a motion to intervene according to in Essex and Middlesex Counties, authority to construct and operate: Rule 214 of the Commission’s Rules of Massachusetts and Algoniquin Gas • Approximately 23.8 miles of 30- Practice and Procedure (18 CFR Transmission Company (Algonquin) in inch-daimeter pipeline and 1.0 mile of 385.214) (see appendix 2). Only primarily offshore Essex, Suffolk, 24-inch-diameter pipeline; and intervenors have the right to seek Plymouth, and Norfolk Counties, • Appurtenant facilities to include 1 rehearing of the Commission’s decision. Massachusetts. There would be minor three mainline valves, one tap valve, Affected landowners and parties with onshore facilities in Suffolk and Norfolk two cathodic protection ground beds, environmental concerns may be granted Counties. The project facilities would and two meter stations. intervenor status upon showing good consist of about 25 miles of 30- and 24- Algonquin seeks authority to cause by starting that they have a clear inch-diameter onshore pipeline and construct and operate: and direct interest in this proceeding about 35 miles of 24- and 16-inch- • diameter offshore pipeline. This EIS Approximately 29.4 miles of 24- which would not be adequately inch-diameter offshore mainline represented by any other parties. You do will be used by the Commission in its decision-making process to determine pipeline; not need intervenor status to have your • Approximately 5.4 miles of 16-inch- environmental comments considered. whether the project is in the public convenience and necessity. diameter offshore lateral pipeline to the Additional information about the If you are a landowner receiving this existing Massachusetts Water Resources proposed project is available from the notice, you may be contacted by a Authority (MWRA) Waste Water Commission’s Office of External Affairs pipeline company representative about Treatment facility on Deer Island; and at (202) 208–0004 or on the FERC the acquisition of an easement to • One new meter station on Deer website (www.ferc.fed.us) using the construct, operate, and maintain the Island, and a block valve and receiver ‘‘RIMS’’ link to information in this proposed facilities. The pipeline and regulator facilities near the docket number. Click on the ‘‘RIMS’’ company would seek to negotiate a interconnect with the existing I–9 link, select ‘‘Docket #’’ from the RIMS mutually acceptable agreement. pipeline. Menu, and follow the instructions. For However, if the project is approved by Texas Eastern Transmission assistance with Access to RIMS, the the Commission, that approval conveys Corporation (Texas Eastern) proposes to RIMS helpline can be reached at (202) with it the right to eminent domain. acquire capacity on the HubLine 208–2222. Therefore, if easement negotiations fail facilities. Texas Eastern does not Similarly, the ‘‘CIPS’’ link on the to produce an agreement, the pipeline propose any related facilities. FERC Internet website provides access company could initiate condemnation The general location of the project to the texts of formal documents issued proceedings in accordance with state facilities is shown in appendix 1.2 If you by the Commission, such as orders, law. are interested in obtaining detailed notices, and rulemakings. From the A fact sheet prepared by the FERC maps of a specific portion of the project, FERC Internet website, click on the entitled ‘‘An Interstate Natural Gas send in your request using the form in ‘‘CIPS’’ link, select ‘‘Docket #’’ from the Facility On My Land? What Do I Need appendix 3. CIPS menu, and follow the instructions. To Know?’’ was attached to the project For assistance with access to CIPS, the notice Maritimes and Algonquin 2 The appendices references in this notice are not CIPS helpline can be reached at (202) provided to landowners. This fact sheet being printed in the Federal Register. Copies are addresses a number of typically asked available on the Commission’s website at the 208–2474. ‘‘RIMS’’ link or from the Commission’s Public questions, including the use of eminent Reference and Files Maintenance Branch, 688 First David P. Boergers, Street, NE., Washington, DC 20426, or call (202) Secretary. 1 Maritimes’ and Algonquin’s applications were 208–1371. For instructions on connecting to RIMS filed with the Commission under Section 7 of the refer to the last page of this notice. Copies of the [FR Doc. 00–30068 Filed 11–24–00; 8:45 am] Natural Gas Act and Part 157 of the Commission’s appendices were sent to all those receiving this BILLING CODE 6717±01±M regulations. notice in the mail.

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Land Requirements for Construction period will be allotted for review of the more useful they will be. Please Construction of the proposed onshore Draft EIS. We will consider all carefully follow these instructions to facilities would require about 343 acres comments we receive on the Draft EIS ensure that your comments are received of land. Following construction, about and publish a Final EIS including our in time and properly recorded: • Send an original and two copies of 0.6 acre would be maintained as new recommendations to the Commission. your letter to: David P. Boergers, aboveground facility sites. The To ensure your comments are Secretary, Federal Energy Regulatory remaining acres of land would be considered, please carefully follow the Commission, 888 First St., NE., Room restored and generally allowed to revert instructions in the public participation section in this NOI beginning on page 5. 1A, Washington, DC 20426 to its former use. Construction of the • Label one copy of the comments for proposed offshore facilities would Currently Identified Environmental the attention of Gas Group 2. disturb about 76.3 areas of sea floor. Issues • Reference Docket Nos. CP01–4–000 The EIS Process We have already identified several and CP01–5–000. • Mail your comments so that they The National Environmental Policy issues that we think deserve attention based on a preliminary review of the will be received in Washington, DC on Act (NEPA) requires the Commission to or before December 22, 2000. take into account the environmental proposed facilities and the environmental information provided by Comments may also be filed impacts that could result from an action electronically via the Internet in lieu of whenever it considers the issuance of a Maritimes and Algonquin, and filings in response to the notice of the paper. See 18 CFR 385.2001(a)(1)(iii) Certificate of Public Convenience and and the instructions on the Necessity. NEPA also requires us,3 to applications. This preliminary list of issues may be changed based on your Commission’s web site at http:// discover and address concerns the www.ferc.fed.us/efi/doorbell.htm under public may have about proposals. We comments and our analysis. • Eleven federally listed endangered the link to the User’s Guide. Before you call this ‘‘scoping’’. The main goal of the or threatened species may occur in the can file comments you will need to scoping process is to focus the analysis proposed project area. create an account which can be created in the EIS on the important • A number of Massachusetts by clicking on ‘‘Login to File’’ and then environmental issues. By this Notice of certified vernal pools, and estimated ‘‘New User Account.’’ Intent, the Commission requests public habitat for rare wetlands wildlife, would In addition to or in lieu of sending comments on the scope of the issues it be crossed by the Phase III Pipeline. written comments, we invite you to will address in the EIS. All comments • Up to 5.5 miles of public or private attend the public scoping meetings the received are considered during the recreation, conservation, or open space FERC will conduct in the project area. preparation of the EIS. State and local lands would be crossed by the Phase III The public scoping meetings will be government representatives are Pipeline. held jointly with public hearings encouraged to notify their constituents • The Phase III Pipeline would cross conducted by the Massachusetts Energy of this proposed action and encourage or be within the watershed of Emerson Facilities Siting Board. The locations them to comment on their areas of Brook Reservoir, a public water supply. and time for the meetings are listed concern. • A total of 0.7 linear miles of below: The EIS will discuss impacts that proposed facilities would be within Date, Time and Location could occur as a result of the residential areas. construction and operation of the • The Phase III Pipeline would December 4, 2000, 7:30 p.m.—Danvers proposed project under these general require three major open water crossings Senior Center, 25 Stone Street, headings: greater than 100 feet in width Danvers, Massachusetts • Geology and soils; December 6, 2000, 7:00 p.m.—Fuller • (Merrimack River, Waters River/Danvers Water resources, fisheries, and River, and Danvers River/Beverly Middle School, 143 South Main wetlands Harbor). Street, Middleton, Massachusetts • Vegetation and wildlife • • The HubLine Pipeline would cross The public meetings are designed to Endangered and threatened species or be in proximity to several areas of provide you with another opportunity to • Public safety; potential concern, including the South offer your comments on the proposed • Land use; Essex Ocean Sanctuary, the Boston Maritimes Phase III/HubLine Project. • Cultural resources; Interested groups and individuals are • Air quality and noise; Harbor Islands National Park area, encouraged to attend the meetings and • Hazardous waste. commercial and recreational fishing We will also evaluate possible areas, diving areas, special anchorage to present comments on the alternatives to the proposed project or areas, shipping lanes, commuter ferry environmental issues they believe portions of the project, and make and water taxi routes, and existing should be addressed in the EIS. A recommendations on how to lessen or utilities. transcript of the meetings will be made so that your comments will be avoid impacts on the various resource Public Participation areas. accurately recorded. You can make a difference by In addition, an INTERAGENCY Our independent analysis of the providing us with your specific MEETING will be held on Tuesday, issues will be in the EIS. A Draft EIS comments or concerns about the project. December 5, 2000, at the Massachusetts will be published and mailed to Federal, By becoming a commentor, your Executive Office of Environmental state, and local agencies, public interest concerns will be addressed in the EIS Affairs, 251 Causeway Street, 8th floor, groups, interested individuals, affected and considered by the Commission. You Coastal Zone Management Conference landowners, newspapers, libraries, and should focus on the potential Room, Boston at 9:00 a.m. While the the Commission’s official service list for environmental effects of the proposal, public may attend, the primary purpose this proceeding. A comment period alternatives to the proposal (including of the agency meeting is for the FERC 3 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the alternative routes), and measures to to receive scoping comments from environmental staff of the Office of Energy Projects avoid or lessen environmental impact. federal, state, and local government (OEP). The more specific your comments, the agencies.

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Becoming an Intervenor DEPARTMENT OF ENERGY reproduction at the address in item k above. In addition to involvement in the EIS Federal Energy Regulatory scoping process, you may want to Commission David P. Boergers, become an official party to the Secretary. proceeding known as an ‘‘intervenor’’. Notice of Intent To File Application for [FR Doc. 00–30084 Filed 11–24–00; 8:45 am] Intervenors play a more formal role in New License BILLING CODE 6717±01±M the process. Among other things, November 20, 2000. intervenors have the right to receive Take notice that the following notice copies of case-related Commission DEPARTMENT OF ENERGY of intent has been filed with the documents and filings by other Commission and is available for public Federal Energy Regulatory intervenors. Likewise, each intervenor inspection: Commission must provide 14 copies of its filings to a. Type of filing: Notice of Intent to the Secretary of the Commission and Notice of Intent To File Application for File Application for New License. must send a copy of its filings to all New License b. Project No.: 935. other parties on the Commission’s service list for this proceeding. If you c. Date filed: November 6, 2000. November 20, 2000. want to become an intervenor you must d. Submitted by: PacifiCorp. Take notice that the following notice of intent has been filed with the file a motion to intervene according to e. Name of Project: Merwin Commission and is available for public Rule 214 of the Commission’s Rules of Hydroelectric Project. f. Location: On the Lewis River, near inspection: Practice and Procedure (18 CFR a. Type of filing: Notice of Intent to 385.214) (see appendix 2). Only the City of Woodland in Clark and Cowlitz County, Washington. Lands File Application for New License. intervenors have the right to seek b. Project No.: 2111. within the project boundary include rehearing of the Commission’s decision. c. Date filed: November 6, 2000. acreage of the Gifford-Pinchot National d. Submitted By: PacifiCorp. Affected landowners and parties with Forest. environmental concerns may be granted e. Name of Project: Swift No. 1 g. Filed Pursuant to: Section 15 of the Hydroelectric Project. intervenor status upon showing good Federal Power Act, 18 CFR 16.6 of the cause by stating that they have a clear f. Location: On the Lewis River, near Commission’s regulations. the town of Cougar in Skamania County, and direct interest in this proceeding h. Effective date of current license: Washington. Federal lands within the which would not be adequately October 1, 1983. project boundary include acreage of the represented by any other parties. You do i. Expiration date of current license: Gifford-Pinchot National Forest. not need intervenor status to have your April 30, 2006. g. Filed Pursuant to: Section 15 of the environmental comments considered. j. The 136-megawatt project consists Federal Power Act, 18 CFR 16.6 of the Additional information about the of a 313-foot-high, concrete-arch dam on Commission’s regulations. proposed project is available from the the Lewis River about 20 miles from its h. Effective date of current license: Commission’s Office of External Affairs confluence with the Columbia River, a May 1, 1956. at (202) 208–0004 or on the FERC 4,040-acre reservoir, three 15.5-foot i. Expiration date of current license: website (www.ferc.fed.us) using the diameter penstocks, and a powerhouse April 30, 2006. ‘‘RIMS’’ link to information in these with three semi-outdoor generating j. The 240-megawatt project consists docket numbers. Click on the ‘‘RIMS’’ units. of a 512-foot-high, earthfill dam on the Lewis River about 45 miles upstream of link, select ‘‘Docket #’’ from the RIMS k. Pursuant to 18 CFR 16.7, its confluence with the Columbia River, Menu, and follow the instructions. For information on the project is available a 4,860-acre reservoir, three 13-foot assistance with access to RIMS, the at: PacifiCorp, ATTN.: Frank Shrier, 325 diameter penstocks, and a powerhouse RIMS helpline can be reached at (202) N.E. Multnomah, Suite 1500, Portland, with three generating units. OR 97232, Phone: 503–813–6622. 208–2222. k. Pursuant to 18 CFR 16.7, Similarly, the ‘‘CIPS’’ link on the l. FERC contract: Vince Yearick (202) information on the projects is available FERC Internet website provides access 219–3073 or e-mail at at: PacifiCorp, ATTN: Frank Shrier, 325 to the texts of formal documents issued [email protected] N.E. Multnomah, Suite 1500, Portland, by the Commission, such as orders, m. Pursuant to 18 CFR 16.9(b)(1) each OR 97232, Phone: 503–813–6622. notices, and rulemakings. From the application for a new license and any l. FERC contact: Vice Yearick (202) FERC Internet website, click on the competing license applications must be 219–3073 or e-mail at ‘‘CIPS’’ link, select ‘‘Docket #’’ from the filed with the Commission at least 24 [email protected] months prior to the expiration of the CIPS menu, and folow the instructions. m. Pursuant to 18 CFR 16.9(b)(1) each existing license. All applications for For assistance with access to CIPS, the application for a new license and any license for this project must be filed by competing license applications must be CIPS helpline can be reached at (202) April 30, 2004. 208–2474. filed with the Commission at least 24 n. A copy of the notice of intent is months prior to the expiration of the David P. Boergers, available for inspection and existing license. All applications for Secretary. reproduction at the Commission’s license for this project must be filed by [FR Doc. 00–30069 Filed 11–24–00; 8:45 am] Public Reference Room, located at 888 April 30, 2004. First Street, NE, Room 2A, Washington, n. A copy of this notice of intent is BILLING CODE 6717±01±M D.C. 20426, or by calling (202) 208– available for inspection and 1371. The notice may be viewed on reproduction at the Commission’s http://www.ferc.fed.us/online/rims.htm Public Reference Room, located at 888 (call (202) 208–2222 for assistance). A First Street, NE, Room 2A, Washington, copy is also available for inspection and DC 20426, or by calling (202) 208–1371.

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The notice may be viewed on http:// information submitted under section FOR FURTHER INFORMATION CONTACT: Ann www.ferc.fed.us/online/rims.htm (call 114 of the CAA. The contractor’s E. Goode, Director, Office of Civil (202) 208–2222 for assistance). A copy personnel will be required to sign Rights, U.S. Environmental Protection is also available for inspection and nondisclosure agreements and will Agency, Mail Code 1201A, 1200 reproduction at the address in item k receive training on appropriate security Pennsylvania, Ave., NW, Washington, above. procedures before they are permitted D.C. 20460. Telephone: (202) 564–7272 access to CBI. David P. Boergers, (voice), (202) 501–1822 (TDD). Clearance for access to CAA CBI is Facsimile: (202) 501–1836. Secretary. scheduled to expire on September 30, [FR Doc. 00–30085 Filed 11–24–00; 8:45 am] 2003 under contract 68D00282. SUPPLEMENTARY INFORMATION: Title IX BILLING CODE 6717±01±M prohibits recipients of Federal financial Dated: November 20, 2000. assistance from discriminating on the Bob Perciasepe, basis of sex in educational programs or ENVIRONMENTAL PROTECTION Assistant Administrator for Air and activities. Specifically, the statute states Radiation. AGENCY that ‘‘[n]o person in the United States [FR Doc. 00–30112 Filed 11–24–00; 8:45 am] [FRL±6908±6] shall, on the basis of sex, be excluded BILLING CODE 6560±50±P from participation in, be denied the Contractor Access to Confidential benefits of, or be subjected to Business Information Under the Clean ENVIRONMENTAL PROTECTION discrimination under any education Air Act AGENCY program or activity receiving Federal financial assistance,’’ with specific AGENCY: Environmental Protection Agency (EPA). [FRL±6908±2] exceptions for various entities, programs, and activities. 20 U.S.C. ACTION: Notice. Nondiscrimination on the Basis of Sex 1681(a). This statute was modeled after SUMMARY: The United States in Education Programs or Activities Title VI of the Civil Rights Act of 1964, Environmental Protection Agency has Receiving Federal Financial 42 U.S.C. 2000d et seq., which prohibits authorized the following contractor to Assistance discrimination on the basis of race, access information that has been, or will AGENCY: Environmental Protection color, and national origin in all be, submitted to the EPA under section Agency (EPA). programs or activities that receive 114 of the Clean Air Act (CAA) as Federal financial assistance. The goal of ACTION: Notice of programs and amended: Alpha Gamma Technologies, activities receiving financial assistance Title IX is to ensure that Federal funds Inc., 900 Ridgefield Drive, Suite 350, from the Environmental Protection are not utilized for and do not support Raleigh, NC 27609, contract number Agency that are covered by Title IX of sex-based discrimination, and that 68D00282. individuals have equal opportunities, Some of this information may be the Education Amendments of 1972, as amended. without regard to sex, to pursue, engage claimed to be confidential business or participate in, and benefit from information (CBI) by the submitter. SUMMARY: In accordance with subpart F academic, extracurricular, research, DATES: Access to confidential data of the final common rule for the occupational training, employment, or submitted to EPA will occur no sooner enforcement of Title IX of the Education other educational programs or activities. than ten days after issuance of this Amendments of 1972, as amended, 20 For example (and without limitation), notice. U.S.C. 1681, et seq. (‘‘Title IX’’) this subject to exceptions described in these FOR FURTHER INFORMATION CONTACT: notice lists those programs and Title IX regulations, Title IX prohibits a Roberto Morales, Document Control activities that receive financial recipient from discriminating on the Officer, Office of Air Quality Planning assistance from the U.S. EPA and are basis of sex in: student admissions, and Standards (MD–11), U.S. covered by Title IX. Title IX prohibits scholarship awards and tuition Environmental Protection Agency, recipients of Federal financial assistance assistance, recruitment of students and from discriminating on the basis of sex Research Triangle Park, North Carolina employees, the provision of courses and in education programs or activities. 27711, (919) 541–0880. other academic offerings, the provision Subpart F requires each Federal agency SUPPLEMENTARY INFORMATION: The EPA that awards Federal financial assistance of and participation in athletics and is issuing this notice to inform all extracurricular activities, and all aspects submitters of information under section to publish in the Federal Register a notice of the programs covered by the of employment, including, but not 114 of the CAA that the EPA may limited to, selection, hiring, provide the above mentioned contractor Title IX regulations within sixty (60) days after the effective date (September compensation, benefits, job assignments access to these materials on a need-to- and classification, promotions, know basis. This contractor will provide 29, 2000) of the final common rule. The final common rule for the enforcement demotions, tenure, training, transfers, technical support to the Office of Air leave, layoffs, and termination. Of Quality Planning and Standards of Title IX was published in the Federal course, Title IX prohibits discrimination (OAQPS) in developing Federal Air Register by twenty (20) Federal on the basis of sex in the operation of, Pollution Control Regulations. agencies, including the EPA, on August In accordance with 40 CFR 2.301(h), 30, 2000, (65 FR 52857–52895). and the provision or denial of benefits the EPA has determined that the above EFFECTIVE DATE: November 27, 2000. by, education programs conducted by contractor requires access to CBI ADDRESSES: Address all comments noneducational institutions, including, submitted to the EPA under sections concerning this notice to U.S. but not limited to, prisons, museums, 112 and 114 of the CAA in order to Environmental Protection Agency, job training institutes, and for profit and perform work satisfactorily under the Office of Civil Rights, Mail Code 1201A, nonprofit organizations. above noted contract. The contractor’s 1200 Pennsylvania Avenue, NW, personnel will be given access to Washington, DC 20460.

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List of Programs and Activities Delaware Department of Natural Resources Nebraska State 4–H Camp Receiving Financial Assistance From Delaware Ecumenical Council on Children New England Aquarium Corporation EPA and Covered by Title IX Douglas Unified School District #27 Norman Public Schools-Washington Downingtown Area School District Elementary The following is a list of programs Drexel University North American Association for and activities receiving financial Eastern Oregon University Environmental Education assistance from the EPA as of September Educational Broadcasting Corporation North County Workforce Partnership 2000 that are covered by Title IX. The Emporia State University Northeast Sustainable Energy Association list is comprised of Active Environmental Educ. Council of Ohio Old Dominion University Research Environmental Education Grants and Environmental Learning for Kids Foundation Fairview Area Schools Oldham County Board of Education Active Grants to Public and Private Florida Atlantic University Oregon Graduate Institute of Science Colleges and Universities. Florida Institute of Technology Oregon State University Active Environmental Education Grants Four Corners School of Outdoor Education Patriots’ Trail Girl Scout Council Frenchman Bay Conservancy Pennsylvania Environmental Council Alabama Mayors Corporation for Economic Friends of Bluff Lake People’s C.O.R.E. Cultural Friends of the Rio Grande Nature Center Phipps Community Development Alameda County Office of Education Friends of the Salt Springs Park, Inc. Corporation Alaska Discovery Foundation, Inc. Friends of the Urban Forest Piedmont Park Conservancy Alliance for New Jersey Environmental Front Range Earth Force Pocono Environmental Education Center Education Georgia Department of Natural Resources Portsmouth Public School American Institute for Learning Grand Traverse Tribal Council Prairiewoods:Franciscan Spirituality American Lung Association of Arizona Great Bay Stewards, Inc. Radford University American Lung Association of Illinois Greater Newark Conservancy Regional Council of Rural Counties Arab Community Center for Economic Green City Data Project of Colorado Rogue Valley Council of Governments Arkansas 4-H Foundation Guilderland Central School District Saint Francis College Association of Vermont Recyclers H.M. McKemy Middle School Saint Regis Mohawk Tribe Benedictine University Hackensack Meadowlands Development Co. Salish Sea Expeditions Better Housing League/Greater Cincinnati Hawaii Nature Center San Francisco Unified School District Bi-State Regional Commission Haywood County 4–H Club San Juan Resource Conservation Bitterroot Ecological Awareness Resources Heart of Oklahoma Council of Camp Fire San Marcos Consolidated ISD Bluemont Elementary Hudson River Sloop Clearwater School Board of Broward County Boston Public School District Indiana Dunes Environmental Learning School District of Philadelphia Boys & Girls Clubs of East Jackson County Inner-City Coalition on the Environment Seguin Outdoor Learning Center Boys & Girls Clubs of Greater Kansas City Integrated Day Charter School Seneca Park Zoo Society Cacapon Institute Calypso Farm and Ecology Center Inter-American U. of , Inc. Sequoia Foundation Campbell County School District Iowa State University Shade-Central City School District Carson City School District Jackson Public Schools Shelburne Farms Castro Valley Unified School District Jefferson County Public Schools Shenendehowa Central School District CBIA Education Foundation Kansas Association for Conservation & Society of American Foresters Cenla Pride Environmental Education Soundwaters, Inc. Center for Alaskan Coastal Studies, Inc. Kansas City Kansas Community College Southwest Detroit Environmental Vision Central Arkansas Planning & Development Keep Providence Beautiful Southwest Environmental Center District Kids Consortium, Inc. Southwest Youth Corporations Central Community College Kirkwood Community College Springfield Library and Museums Chance, Inc. Lake Champlain Basin Science Center Association Chattahoochee High School Lake County Forest Preserve Starkville School District Chattahoochee-Flint Regional Development Lake Superior State University State of Vermont Center Lake Washington School District Stony Brook-Millstone Watershed Chesapeake Audubon Society Land Partners Through Stewardship Association City of Austin Lewis & Clark School Southwest Center for Education & the City of Gary Louisiana Environmental Education National Swampscott Public Schools City of Naples Utilities Department Association Teaching Responsible Earth Education City of New York Parks and Recreation Lower Cape Communications, Inc. The Catskill Center for Conservation City of Tumwater Mahoning Valley/Northeast Ohio Camp The Childrens Treehouse City of Westland Mahopac Central Middle School The College of Santa Fe City Seeds Matanuska-Susitna Borough School District The Surplus Exchange, Inc. Coastal Carolina University Metropolitan Dade County Dept of The Tides Center/Caya Colorado Alliance for Environmental Environment Theodore Roosevelt Sanctuary Education Michigan Recycling Coalition Thorne Ecological Institute Colorado River Union High School District Michigan Technological University Trinidad Rancheria Columbia Basin College Miller Springs Alliance, Inc. Twin Cities Tree Trust Communities Creating Connections, Inc. Milton Public Schools University of Alaska Fairbanks Contra Costa County Health Services Milwaukee Community Service Corps, Inc. University of Alaska Southeast Department Missouri Botanical Garden University of California Cooperating School Districts Montana Audubon, Inc. University of Delaware Cornell Coop Extension-St. Lawrence City Montana Science Institute, Inc. University of Findlay Council for Environmental Education Montana State University-Bozeman University of Minnesota Dakota County Council on the Environment, Inc. Murray State University University of Mississippi County of Somerset National Black Men’s Health Network, Inc. University of North Dakota Creation Station Navajo Resource Conservation Development University of Rhode Island Crook County Soil & Water Conservation Council University of South Carolina Center for Instructional Staff Development & North Carolina Association of Soil and Water University of Texas Health Science Evaluation Conservation University of the Virgin Islands Cumberland River Compact, Inc. Nebraska Game and Parks Commission University of Utah Delaware Academy of Science Nebraska Groundwater Foundation University of Wisconsin-Green Bay

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Urban Tree Connection Florida International University Northern Kentucky University Utah Society for Environmental Education Florida State University Northland College Vermont Center for the Book Front Range Community College Northwest Indian College Vermont D.O.H. Gannon University Northwestern University Victor Central School George Mason University Occidental College Washington Department of Fish and Wildlife George Washington University Ohio State University Research Foundation Washington State University Georgia State University Research Ohio University Watterson Accelerated Elementary PTA Foundation Oklahoma State University Weehawken Board of Education Georgia Tech Applied Research Corp. Oregon Graduate Institute of Science and West Chester University of Pennsylvania Georgia Tech Research Corporation Technology West Harlem Environmental Action, Inc. Georgia Univ. Research Foundation Oregon Health Sciences University Wilson County Schools Grand Valley State University Oregon State University Winooski Valley Park District Gulf Coast Research Laboratory Pennsylvania State University Woonsocket Education Department Hampshire College Pima County Community College YMCA of Middle Tennessee Harvard College Portland State University Heidelberg College Pratt University Active Grants to Public and Private Colleges Hendrix College Princeton University and Universities Houston Community College Southeast Purdue University Alabama A&M University Humboldt State University Foundation Red Rocks Community College American University Illinois Institute of Technology Rensselaer Polytechnic Institute Antioch New England Graduate School Imperial Valley College Research Foundation of CUNY Arizona State University Indiana University Roger Williams University Arkansas University for Medical Sciences Iowa State University Rutgers the State University of NJ– Auburn University Jacksonville State University Piscataway Baylor College of Medicine Jefferson Medical College Rutgers University Bill Priest Institute Jobs for Youth-Boston, Inc. Rutgers University-Cook College Bishop State Community College Johns Hopkins University Saint Louis Community College Board of Regents, UCCSN Jr. College District of Mineral Area Saint Mary’s College of Maryland Boise State University Kansas State Forester Saint Vincent College Boston University Kansas State University Salem State College Boston University Medical Campus Kansas University Medical Center Salisbury State University Bowie State University Kent State University San Diego State University Bowling Green State University Kirkwood Community College San Francisco State University Brigham Young University Lamar University Shaw University Brown University Langston University Sistema Universitario Ana G. Mendez Bucks County Community College Lehigh University South Dakota State University California Inst of Technology Linn-Benton Community College Southern Arkansas University Tech California Polytechnic State University Loma Linda University Southern University A&M Collage at Baton California State University Louisiana State University and A & M Rouge California State University Hayward College Southwest Texas State University Carnegie Mellon University Louisiana State University Southwestern Community College District Case Western Reserve University Louisiana Universities Marine Spelman College Casper College Louisville University RES Foundation, Inc. Stanford University Catonsville Community College Loyola University of Chicago Suny Research Foundation. Central Carolina Technical College Manhattan College Syracuse University-Maxwell School Central Michigan University Marquette University Tarleton State University Central Washington University Marshall University Research Corp Temple University School of Medicine Charles County Community College Massachusetts Institute of Technology Tennessee Technological University Clark University McNeese State University Texas A&M Research Foundation Clarkson University Medical College of Ohio Texas Engineering Experiment Station Clemson University Medical College of Wisconsin Texas Tech University Cleveland State University Medical University of South Carolina Texas University Medical Branch College of Southern Maryland Merrimack College Tufts College College of the Holy Cross Metropolitan Community Colleges Tufts University College/University of Charleston Miami University Tufts University School of Medicine Colorado School of Mines Miami-Dade Community College Tulane University Colorado State University Michigan State University Tulane University Medical Center Columbia University Michigan Technological University UMDNJ-New Jersey Medical School Community College of Baltimore County Mississippi State University UMDNJ-Robert Wood Johnson Medical Connecticut University Health Center Montana State University School Cornell University Montana Tech of the University of Montana UMDNJ-School of Public Health Crowder College Montclair State University University and Community College System of Dallas County Community College Dist Morgan State University Nevada Dartmouth College Mount Sinai School of Medicine University of Alabama Delaware Technical & Community College MS–AL Sea Grant Consortium University of Alabama at Birmingham Delaware Valley College New Jersey Institute of Technology University of Alabama in Huntsville Duke University New Jersey University of Medicine and University of Alaska Duke University Medical Center Dentistry University of Alaska-Anchorage Duquesne University New Mexico State University University of Alaska-Fairbanks East Central University New York University School of Medicine University of Alaska Southeast-SITKA Eastern IA Community College District New York University University of Arizona Eastern Michigan University New York University Medical Center University of Arkansas El Centro College North Carolina Central University University of Arkansas for Medical Science Emory University North Carolina State University University of California Evergreen State College North Dakota State University University of California Berkeley Ferris State University Northern Arizona University University of California Davis

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University of California Irvine University of Oregon Room 101, 300 7th Street, SW., University of California Los Angeles University of Pennsylvania Washington, DC 20407. University of California Riverside University of Pittsburgh The Congressional Review Act, 5 University of California San Diego University of Redlands U.S.C. 801 et seq., as added by the Small University of California Santa Barbara University of Rhode Island University of California Santa Cruz University of Rochester Business Regulatory Enforcement University of Cincinnati University of South Alabama Fairness Act of 1996, does not apply University of Colorado University of South Carolina because this action is not a rule, for University of Colorado at Boulder University of South Dakota purposes of 5 U.S.C. 804(3). University of Colorado at Colorado Springs University of South Florida Dated: November 20, 2000. University of Colorado at Denver University of Southern California University of Colorado Health Science Center University of Southern Maine Mary M. O’Lone, University of Connecticut University of Southern Mississippi Acting Director, Office of Civil Rights. University of Dayton University of Southwestern Louisiana [FR Doc. 00–30114 Filed 11–24–00; 8:45 am] University of Delaware University of Tennessee BILLING CODE 6560±50±P University of Findlay University of Texas University of Florida University of Texas at Arlington University of Georgia University of Texas at Austin ENVIRONMENTAL PROTECTION University of University of Texas at Brownsville AGENCY University of Hawaii University of Texas at El Paso University of Idaho University of Texas Health Science Center University of Illinois University of the South [OPP±30504; FRL±6753±6] University of Illinois at Chicago University of Toledo University of Illinois at Urbana-Champaign University of Tulsa Pesticide Product Registrations; University of Iowa University of Utah Conditional Approval University of Kansas Medical Center University of Vermont University of Kentucky University of Virginia AGENCY: Environmental Protection University of Kentucky Research Foundation University of Washington Agency (EPA). University of Louisiana at Lafayette University of West Florida ACTION: Notice. University of Louisville University of Wisconsin University of Louisville Res. Foundation, Inc University of Wisconsin-Green Bay SUMMARY: This notice announces University of Maine University of Wyoming Agency approval of an application University of Maryland Utah State University University of Maryland-Baltimore submitted by Milliken Chemical, to Vanderbilt University School of Medicine conditionally register the pesticide University of Maryland-Cambridge Vermont Technical College University of Maryland-College Park Virginia Commonwealth University product Antimicrobial AlphaSan RC University of Maryland Baltimore County Virginia Institute of Marine Science 5000 containing a new active ingredient University of Maryland Biotechnology Virginia Polytechnic Inst & State University not included in any previously Institute Washington State University registered products pursuant to the University of Maryland Eastern Shore Washington University provisions of section 3(c)(7)(C) of the University of Massachusetts Wayne State University Federal Insecticide, Fungicide, and University of Massachusetts Boston Wesleyan University Rodenticide Act (FIFRA), as amended. University of Massachusetts Lowell Western Kentucky University FOR FURTHER INFORMATION CONTACT: University of Massachusetts, Amherst Western Michigan University By University of Maryland Center for Western Nevada Community College mail: Marshall Swindell, Antimicrobial Environmental Studies Wiley College Division (7510C), Office of Pesticide University of Memphis Wilkes University Programs, Environmental Protection University of Miami William Marsh Rice University Agency, 1200 Pennsylvania Ave., NW., University of Michigan Wright State University Washington, DC 20460; telephone University of Minnesota Wytheville Community College number: (703) 308–6341; e-mail address: University of Mississippi Xavier University of Louisiana [email protected]. University of Missouri Yale University University of Missouri-Columbia SUPPLEMENTARY INFORMATION: University of Montana Other grant programs and activities University of Nebraska and grantees or recipients may also be I. General Information University of Nebraska at Omaha covered by Title IX if they involve A. Does This Action Apply to Me? University of Nebraska-Lincoln education programs. A complete list of University of Nebraska-Omaha all financial assistance provided by EPA You may be affected by this action if University of Nevada is available on the Internet from the you are an agricultural producer, food University of Nevada-Las Vegas EPA’s Grants Information and Control manufacturer, or pesticide University of New Hampshire manufacturer. Potentially affected University of New Mexico System (GICS) through the EPA’s Envirofacts Warehouse at http:// categories and entities may include, but University of New Mexico ATR Institute are not limited to: University of New Mexico Board of Regents www.epa.gov/enviro/html/gics/. This University of New Mexico Health Sciences information is also published in the Center Catalog of Federal Domestic Assistance, University of New Orleans which is published each year by the University of North Carolina Examples of poten- General Services Administration (GSA). Categories NAICS tially affected University of North Carolina at Chapel Hill The Catalog’s website address is http:/ codes entities University of North Dakota /www.cfda.gov. Catalog information is University of North Texas available by calling, toll free, 1–800– Industry 111 Crop production University of Northern Iowa 112 Animal production University of Notre Dame 669–8331 or by writing to: Federal Domestic Assistance Catalog Staff 311 Food manufacturing University of Oklahoma 32532 Pesticide manufac- University of Oklahoma Health Science (MVS), General Services turing Center Administration, Reporters Building,

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This listing is not intended to be In accordance with section 3(c)(2) of and other measures have been taken to exhaustive, but rather provides a guide FIFRA, a copy of the approved label, the ensure that use of the pesticides will not for readers regarding entities likely to be list of data references, the data and other result in unreasonable adverse effects to affected by this action. Other types of scientific information used to support man and the environment. entities not listed in the table could also registration, except for material be affected. The North American specifically protected by section 10 of III. Conditionally Approved Industrial Classification System FIFRA, are available for public Registration (NAICS) codes have been provided to inspection in the Public Information Application approved but not and Records Integrity Branch, assist you and others in determining published. Milliken Chemical, P.O. Box Information Resources and Services whether or not this action might apply 1927, Spartanburg, SC 29304, submitted Division (7502C), Office of Pesticide to certain entities. If you have questions an application to EPA to register the regarding the applicability of this action Programs, Environmental Protection pesticide product Antimicrobial to a particular entity, consult the person Agency, Rm. 119, Crystal Mall #2, AlphaSan RC 5000 (EPA File Symbol listed under FOR FURTHER INFORMATION Arlington, VA (703) 305–5805. Requests 11631–E) containing the active CONTACT. for data must be made in accordance with the provisions of the Freedom of ingredient silver sodium hydrogen B. How Can I Get Additional Information Act and must be addressed zirconium phosphate at 99.9%. Information, Including Copies of This to the Freedom of Information Office However, since the notice of receipt of Document and Other Related (A–101), 1200 Pennsylvania Ave., NW., the application to register the product as Documents? Washington, DC 20460. Such requests required by section 3(c)(4) of FIFRA, as 1. Electronically. You may obtain should: Identify the product name and amended, did not publish in the Federal electronic copies of this document, and registration number and specify the data Register, interested parties may submit certain other related documents that or information desired. comments on or before December 27, might be available electronically, from A paper copy of the fact sheet, which 2000 for this product. the EPA Internet Home Page at http:// provides more detail on this EPA conditionally approved the www.epa.gov/. To access this registration, may be obtained from the application on May 22, 2000, as document, on the Home Page select National Technical Information Service Antimicrobial AphaSan RC 5000 for use ‘‘Laws and Regulations,’’ ‘‘Regulations (NTIS), 5285 Port Royal Road, as a powder, liquid, or solid dispersion and Proposed Rules,’’ and then look up Springfield, VA 22161. into, or on the surface of various the entry for this document under the II. Did EPA Conditionally Approve the plastics, fibers, coatings, adhesives, ‘‘Federal Register—Environmental Application? sealants and building materials. These Documents.’’ You can also go directly to A conditional registration may be materials are used to manufacture a the Federal Register listings at http:// granted under section 3(c)(7)(C) of wide variety of nonfood contact, www.epa.gov/fedrgstr/. FIFRA for a new active ingredient where finished treated articles (EPA To access a fact sheet which provides certain data are lacking, on condition Registration Number 11631–2). more detail on this registration, go to the that such data are received by the end List of Subjects Home Page for the Office of Pesticide of the conditional registration period Programs at http://www.epa.gov/ and do not meet or exceed the risk Environmental protection, Pesticides pesticides/, and select ‘‘fact sheet.’’ criteria set forth in 40 CFR 154.7; that and pests. 2. In person. The Agency has use of the pesticide during the established an official record for this conditional registration period will not Dated: November 9, 2000. action under docket control number cause unreasonable adverse effects; and OPP–30504. The official record consists that use of the pesticide is in the public Frank Sanders, of the documents specifically referenced interest. The Agency has considered the Director, Antimicrobial Division, Office of in this action, any public comments available data on the risks associated Pesticide Programs. received during an applicable comment with the proposed use of Silver Sodium [FR Doc. 00–30116 Filed 11–24–00] period, and other information related to Hydrogen Zirconium Phosphate, and this action, including any information information on social, economic, and BILLING CODE 6560±50±S claimed as Confidential Business environmental benefits to be derived Information (CBI). This official record from such use. Specifically, the Agency includes the documents that are has considered the nature and its physically located in the docket, as well pattern of use, application methods and OFFICE OF SCIENCE AND as the documents that are referenced in rates, and level and extent of potential TECHNOLOGY POLICY those documents. The public version of exposure. Based on these reviews, the Meeting of the President's Committee the official record does not include any Agency was able to make basic health of Advisors on Science and information claimed as CBI. The public and safety determinations which show Technology version of the official record, which that use of Silver Sodium Hydrogen includes printed, paper versions of any Zirconium Phosphate during the period electronic comments submitted during of conditional registration will not cause ACTION: Notice of meeting cancellation. an applicable comment period, is any unreasonable adverse effect on the available for inspection in the Public environment, and that use of the SUMMARY: On November 16, 2000, 65 FR Information and Records Integrity pesticide is, in the public interest. 69308, the Office of Science and Branch (PIRIB), Rm. 119, Crystal Mall# Consistent with section 3(c)(7)(C) of Technology Policy (OSTP) published a 2, 1921 Jefferson Davis Hwy., Arlington, FIFRA, the Agency has determined that notice to announce a meeting of the VA, from 8:30 a.m. to 4 p.m., Monday these conditional registrations are in the President’s Committee of Advisors on through Friday, excluding legal public interest. Use of the pesticides are Science and Technology (PCAST) to be holidays. The PIRIB telephone number of significance to the user community, held on December 1, 2000. This notice is (703) 305–5805. and appropriate labeling, use directions, is to announce that the meeting is

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70718 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices cancelled due to conflicts in members’ information collections contact Les Number of Respondents: 1. schedules. Smith at (202) 418–0217 or via the Estimated Hours Per Response: 2 Internet at [email protected]. hours (1 hour respondent/1 hour Barbara Ann Ferguson, SUPPLEMENTARY INFORMATION: contracting attorney). Assistant Director, Budget and Frequency of Response: On occasion. Administration, Office of Science and OMB Approval No.: 3060–0190. Title: Section 73.3544—Application Cost to Respondents: $200. Technology Policy. Estimated Total Annual Burden: 1 [FR Doc. 00–30052 Filed 11–24–00; 8:45 am] to obtain a modified station license. Form No.: n/a. hour. BILLING CODE 3170±01±M Needs and Uses: Section 73.30(a) Type of Review: Revision of currently requires any party interested in approved collection. applying for an AM broadcast station to Respondents: Business or other for- FEDERAL COMMUNICATIONS be operated on one of the ten channels profit; Not-for-profit institutions. COMMISSION in the 1605–1705 kHz band must first Number of Respondents: 325. file a petition for the establishment of an Estimated Hours Per Response: 2 Notice of Public Information allotment to its proposed community of hours for informal applications (These Collection(s) Being Reviewed by the service. Each petition must include the Federal Communications Commission hours include the contracting hour cost following information: (1) Name of for Extension Under Delegated to the respondents and the respondents community for which allotment is Authority, Comments Requested hour burden)/0.25 hours for sought; (2) station call letters; (3) notifications. frequency of its licensed operation; and November 17, 2000. Frequency of Response: On occasion. (4) whether operation with stereo is SUMMARY: The Federal Communications Cost to Respondents: $45,000. proposed. Commission, as part of its continuing Estimated Total Annual Burden: 306 The data is used by FCC staff to effort to reduce paperwork burden hours. determine whether applicant meets invites the general public and other Needs and Uses: Section 73.3544(b) basic technical requirements to migrate Federal agencies to take this sets forth the filing procedures for opportunity to comment on the to the expanded band. broadcast licensees to obtain a modified OMB Approval No.: 3060–0182. following information collection(s), as station license when prior authority is required by the Paperwork Reduction Title: Section 73.1620—Program tests. not required to make changes to the Form No.: n/a. Act of 1995, Public Law 104–13. An station. Licensees are required to notify agency may not conduct or sponsor a Type of Review: Extension of the FCC in writing when there is a currently approved collection. collection of information unless it change in the name of the licensee displays a currently valid control Respondents: Business or other for- where there is no change in ownership profit, Not-for profit institutions. number. No person shall be subject to or control. An informal application any penalty for failing to comply with Number of Respondents: 1416. (written request) may be filed by Estimated Hours Per Response: 1 a collection of information subject to the licensees: (1) Correcting the routing Paperwork Reduction Act (PRA) that hour—5 hours (1 hour for Sections instructions and description of an AM 73.1620(a)–(f); 5 hours for Section does not display a valid control number. station directional antenna system field Comments are requested concerning (a) 73.1620(g)). monitoring point, when that point is not whether the proposed collection of Frequency of Response: On occasion. changed; (2) changing the type of AM information is necessary for the proper Cost to Respondents: $0. station directional antenna monitor; (3) Estimated Total Annual Burden: 1480 performance of the functions of the changing the location of the station hours. Commission, including whether the main studio; or (4) changing the location Needs and Uses: Section 73.1620(a)(1) information shall have practical utility; of a remote control point of an AM or requires permittees of a nondirectional (b) the accuracy of the Commission’s FM station. AM or FM station, or a nondirectional burden estimate; (c) ways to enhance TV or FM licensees changing the type or directional TV station to notify the the quality, utility, and clarity of the of transmitting antenna or output power FCC upon beginning of program tests. information collected; and (d) ways to minimize the burden of the collection of of their transmitter must file the An application for license must be filed information on the respondents, appropriate license application form within 10 days of this notification. including the use of automated (FCC Form 302–FM/302–TV, 3060– Section 73.1620(a)(2) requires a collection techniques or other forms of 0506/0029) with the FCC. permittee of an AM or FM station with information technology. Section 73.3544(c) allows licensees to a directional antenna to file a request for provide written notification when a program test authority 10 days prior to DATES: Written comments should be change in the name of the licensee date on which it desires to begin submitted on or before January 26, 2001. occurs where no change in ownership or program tests. This is filed in If you anticipate that you will be control is involved. conjunction with an application for submitting comments, but find it The data is used by FCC staff to license. Section 73.1620(f) requires difficult to do so within the period of ensure changes are in accordance with licensees of UHF TV stations, assigned time allowed by this notice, you should FCC rules and regulations and to issue to the same allocated channel which a advise the contact listed below as soon a modified station license. 1000 watt UHF translator station is as possible. OMB Approval No.: 3060–0488. authorized to use, to notify the licensee ADDRESSES: Direct all comments to Les Title: Section 73.30—Petition for of the translator station at least 10 days Smith, Federal Communications authorization of an allotment in the prior to commencing or resuming Commissions, Room 1 A–804, 445 1605–1705 kHz band. operation and certify to the FCC that Twelfth Street, SW., Washington, DC Form No.: n/a. such advance notice has been given. 20554 or via the Internet to Type of Review: Extension of Section 73.1620(g) requires permittees [email protected]. currently approved collection. to report any deviations from their FOR FURTHER INFORMATION CONTACT: For Respondents: Business or other for- promises, if any, in their application for additional information or copies of the profit. license to cover their construction

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices 70719 permit (FCC Form 302) and on the first Total Annual Cost: No annual cost of moneys. Section 219(b) of the anniversary of their commencement of burden on respondents from either Communications Act of 1934, as program tests. The notification in capital or start-up costs. amended, 47 U.S.C. 219(b), authorizes Section 73.1620(a) alerts the Needs and Uses: The information the Commission by a general or special Commission that construction of a collection requirement contained in orders to require any carrier subject to station has been completed and that the Section 90.505 is needed to gather data this Act to file monthly reports station is broadcasting program on developmental programs for which a concerning any matters with respect to material. The notification in Section developmental authorization is sought. which the Commission is authorized or 73.1620(f) alerts the UHF translator The information is used to evaluate the required by law to act. ARMIS was station that the potential of interference desirability of issuing such an implemented to facilitate the timely and exists. The report in Section 73.1620(g) authorization from spectrum use and efficient analysis of revenue stating deviations are necessary to interference potential considerations. If requirements, rates of return and price eliminate possible abuses of the FCC’s the information was not collected the caps; to provide an improved basis for processes and to ensure that value of developmental programs would audits and other oversight functions; comparative promises relating to service be severely limited. and to enhance the Commission’s ability to the public are not inflated. Federal Communications Commission. to quantify the effects of alternative OMB Approval No.: 3060–0187. Magalie Roman Salas, policy. The ARMIS 43–04 Report provides jurisdictional separations and Title: Section 73.3594—Local public Secretary. notice of designation for hearing. access charge data by Part 36 category [FR Doc. 00–30058 Filed 11–24–00; 8:45 am] Form No.: n/a. of the Commission’s Rules and Type of Review: Extension of BILLING CODE 6712±01±U Regulations. The ARMIS 43–04 Report currently approved collection. monitors revenue requirements, joint cost allocations, jurisdictional Respondents: Business or other for- FEDERAL COMMUNICATIONS separations and access charges. The profit. COMMISSION Number of Respondents: 6. information contained in the ARMIS Estimated Hours Per Response: 3 Public Information Collections 43–04 Report provides the necessary hours (These hours include the Approved By Office of Management detail to enable the Commission to contracting hour cost to the respondents and Budget fulfill its regulatory responsibilities. and the respondents hour burden). Obligation to respond: Mandatory. Frequency of Response: On occasion. November 17, 2000. OMB Control No.: 3060–0512. Cost to Respondents: $9,898. The Federal Communications Expiration Date: 11/30/2003. Estimated Total Annual Burden: 12 Commission (FCC) has received Office Title: ARMIS Annual Summary hours. of Management and Budget (OMB) Report. approval for the following public Form No.: FCC Report 43–01. Needs and Uses: Section 73.3594 Respondents: Business or other for- requires that applicants of any AM, FM information collections pursuant to the Paperwork Reduction Act of 1995, profit. or TV broadcast station designated for Estimated Annual Burden: 150 Public Law 104–13. An agency may not hearing must give notice of such respondents; 135 hours per response conduct or sponsor and a person is not designation. Section 73.3594(a) requires (avg.).; 20,250 total annual burden required to respond to a collection of that this notice be given in a daily hours. information unless it displays a newspaper of general circulation Estimated Annual Reporting and currently valid control number. For published in the community in which Recordkeeping Cost Burden: $0. the station is or will be located. This further information contact Shoko B. Frequency of Response: Annually. notice must be published twice a week Hair, Federal Communications Description: Section 220 of the for two consecutive weeks. Section Commission, (202) 418–1379. Communications Act of 1934, as 73.3594(b) requires applicants for Federal Communications Commission amended, 47 U.S.C. 220, allows the modification, assignment, transfer or Commission, at its discretion, to OMB Control No.: 3060–0511. renewal of an operating broadcast prescribe the forms of any and all Expiration Date: 11/30/2003. station to give notice over the broadcast Title: ARMIS Access Report. accounts, records, and memoranda to be station in addition to publishing the Form No.: FCC Report 43–04. kept by carriers subject to this Act, notice in a daily newspaper. Section Respondents: Business or other for- including the accounts, records, and 73.3594(g) requires that applicant file a profit. memoranda of the movement of traffic, statement with the FCC setting forth Estimated Annual Burden: 150 as well as of the receipts and information regarding the publication or respondents; 621 hours per response expenditures of moneys. Section 219(b) broadcast. This notice gives interested (avg.).; 93,150 total annual burden of the Communications Act of 1934, as parties an opportunity to respond. hours. amended, 47 U.S.C. 219(b), authorizes OMB Approval Number: 3060–0308. Estimated Annual Reporting and the Commission by a general or special Title: Section 90.505—Developmental Recordkeeping Cost Burden: $0. orders to require any carriers subject to operation, showing required. Frequency of Response: Annually. this Act to file annual reports Form No.: N/A. Description: Section 220 of the concerning any matters with respect to Type of Review: Extension of existing Communications Act of 1934, as which the Commission is authorized or collection. amended, 47 U.S.C. 220, allows the required by law to act. ARMIS was Respondents: Business or other for- Commission, at its discretion, to implemented to facilitate the timely and profit, not-for-profit institutions, State, prescribe the forms of any and all efficient analysis of revenue Local or Tribal government. accounts, records, and memoranda to be requirements, rates of return and price Number of Respondents: 100. kept by carriers subject to this Act, caps; to provide an improved basis for Estimated Time Per Response: 2 hours including the accounts, records, and audits and other oversight functions; per response. memoranda of the movement of traffic, and to enhance the Commission’s ability Total Annual Burden: 200 hours. as well as the receipts and expenditures to quantify the effects of alternative

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70720 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices policy. The ARMIS 43–01 Report responsibilities. Obligation to respond: If a rural health care provider is only contains financial and operating data Mandatory. seeking support for toll charges to and is used to monitor the incumbent OMB Control No.: 3060–0804. access the Internet, it must submit Form local exchange carriers (ILECs) and to Expiration Date: 10/31/2003. 466–A. (No. of respondents: 5; hours per perform routine analyses of costs and Title: Universal Service—Health Care response: 1 hour; total annual burden: 5 revenues. ARMIS 43–01 Report Providers Universal Service Program. hours). d. FCC Form 467, Connection facilitates the annual collection of the Form No.: FCC Forms 465, 466, Certification. Rural health care results of accounting, rate base, and cost 466–A, 467, and 468. providers participating in the universal allocation requirements prescribed in Respondents: Not for profit service support mechanism must submit Parts 32, 36, 64, 65, and 69 of the institutions; Business or other for-profit. Form 467 to inform the Administrator Estimated Annual Burden: 5255 Commission’s Rules and Regulations. that they have begun to receive, or have respondents; 1.85 hours per response The information contained in the stopped receiving, the (avg.).; 9755 total annual burden hours. telecommunications services for which ARMIS 43–01 Report provides the Estimated Annual Reporting and universal service support has been necessary detail to enable the Recordkeeping Cost Burden: $0. Commission to fulfill its regulatory Frequency of Response: On occasion; allocated. The data reported will be responsibilities. Obligation to respond: third party disclosure. used to ensure that universal service Mandatory. Description: The Telecommunications support is distributed to OMB Control No.: 3060–0513. Act of 1996 (1996 Act) directed the telecommunications carriers serving Expiration Date: ARMIS Joint Cost Commission to initiate a rulemaking eligible health care providers pursuant Report. reform to our system of universal to 47 CFR 54.611. (No. of respondents: Title: ARMIS Joint Cost Report. service so that universal service is 1350; hours per response: 1.5 hours; Form No.: FCC Report 43–03. preserved and advanced as markets total annual burden: 2025 hours). e. FCC Respondents: Business or other for- move toward competition. On May 8, Form 468, Telecommunications Carrier profit. 1997, the Commission adopted rules Form. Rural health care providers Estimated Annual Burden: 150 providing, among other things, that ordering telecommunications services respondents; 83 hours per response rural health care providers receive under the universal service support (avg.).; 12,450 total annual burden access to advanced telecommunications mechanism must submit FCC Form 468, hours. services at rates that are reasonably Telecommunications Carrier Form to Estimated Annual Reporting and comparable to those available in urban the Administrator. The data reported Recordkeeping Cost Burden: $0. areas. All rural health care providers will be used to ensure that the Frequency of Response: Annually. planning to order eligible telecommunications carrier receives the Description: Section 220 of the telecommunications services at appropriate amount of credit for Communications Act of 1934, as discounted rates under the universal providing telecommunications services amended, 47 U.S.C. 220, allows the service program must file the following to eligible health care providers. 47 CFR Commission, at its discretion, to forms: FCC Form 465, Description of 54.605–611. (No. of respondents: 1350; prescribe the forms of any and all Service Requested & Certification. Rural hours per response: 1.5 hours; total accounts, records, and memoranda to be health care providers ordering annual burden: 2025 hours). Obligation kept by carriers subject to this Act, discounted telecommunications services to respond: Required to obtain or retain including the accounts, records, and under the universal service program benefits. memoranda of the movement of traffic, must submit FCC Form 465, Description OMB Control No.: 3060–0292. as well as the receipts and expenditures of Service Requested and Certification Expiration Date: 11/30/2003. Title: Part 69—Access Charges. of moneys. Section 219(b) of the to the Administrator. Rural health care Form No.: N/A. Communications Act of 1934, as providers must certify their eligibility to Respondents: Business or other for- amended, 47 U.S.C. 219(b), authorizes receive discounted telecommunications profit. the Commission by a general or special services. 47 CFR 54.615(c). The Estimated Annual Burden: 5832 orders to require any carrier subject to Administrator will then post a respondents; 4.74 hours per response this Act to file monthly reports description of the services sought on a (avg.).; 27,702 total annual burden concerning any matters for which the website for all potential competing hours. Commission is authorized, or required service providers to see and respond to Estimated Annual Reporting and by law, to act. ARMIS was implemented as if they were requests for proposals Recordkeeping Cost Burden: $0. to facilitate the timely and efficient (RFPs). (No. of respondents: 1200; hours Frequency of Response: On occasion; analysis of revenue requirements, rates per response: 2.5 hours; total annual monthly; annually; biennially. of return and price caps; to provide an burden: 3000 hours). b. FCC Form 466, Description: Part 69 of the improved basis for audits and other Funding Request and Certification. Commission’s rules and regulations oversight functions; and to enhance the Rural health care providers that have establishes the rules for access charges Commission’s ability to quantify the ordered telecommunications under the for interstate or foreign access provided effects of alternative policy. The ARMIS universal service discount program by telephone companies on or after Joint Cost Report, FCC Report 43–03, must file FCC Form 466, Funding January 1, 1984. Part 69 essentially contains financial and operating data. Request and Certification Form, with consists of rules or the procedures for The ARMIS 43–03 Report details the the Administrator. The data reported the computation of access charges. (a) incumbent local exchange carriers will be used to ensure that health care Section 69.3 requires the biennial or (ILECs) regulated and nonregulated cost providers have selected the most cost- annual submission of access charge and revenue allocations by study area effective method of providing the tariffs. (b) Section 69.116(c) and pursuant to Part 64 of the Commission’s requested services. 47 CFR 54.603(b)(4). 69.117(c) require local exchange carriers Rules. The information contained in the (No. of respondents: 1350; hours per to file information with NECA semi- ARMIS 43–03 Report provides the response: 2 hours; total annual burden: annually pertaining to the number of necessary detail to enable the 2700 hours). c. FCC Form 466–A, lines in their study areas and the Commission to fulfill its regulatory Internet Toll Charge Discount Request. interexchange carriers to which such

VerDate 112000 20:22 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices 70721 lines are presubscribed. This burden estimates or any other aspect of information collections contact Les information will be used by NECA to the collections of information, including Smith at (202) 418–0217 or via the assess revenue requirements needed to suggestions for reducing the burden to Internet at [email protected]. fund the Universal Service Fund and Performance Evaluation and Records SUPPLEMENTARY INFORMATION: Lifeline Assistance programs. (c) Management, Washington, DC 20554. OMB Approval Number: 3060–0364. Section 69.104(k)(1) requires that a state Federal Communications Commission. Title: Section 80.409(d) and (e) Ship or local telephone company wishing to Magalie Roman Salas, radiotelegraph logs, Ship implement an end user common line Secretary. radiotelephone logs. reduction or waiver for its subscribers [FR Doc. 00–30059 Filed 11–24–00; 8:45 am] Form No.: N/A. file information with the Commission Type of Review: Revision of currently demonstrating that its state lifeline BILLING CODE 6712±01±P approved collection. assistance plan meets certain criteria. Respondents: Businesses or other for- This is a one-time filing requirement FEDERAL COMMUNICATIONS profit, state, local or tribal government, which as effective until December COMMISSION not-for-profit institutions. 31,1997. (d) Section 69.104(l) requires Number of Respondents: 10,950. local telephone carriers to calculate for Notice of Public Information Estimated Time Per Response: 30 NECA their projected revenue Collection(s) Being Reviewed by the hours per response. requirements for the lifeline assistance Federal Communications Commission, Frequency of Response: N/A. program until December 31, 1997. (e) Comments Requested Total Annual Burden: 328,500 hours. Section 69.605 requires carriers who are Total Annual Cost: $0. participating in the pool to report access November 17, 2000. Needs and Uses: The Notice of revenues and cost data so that NECA SUMMARY: The Federal Communications Proposed Rule Making in WT 00–48, may compute monthly pool revenues Commission, as part of its continuing FCC 00–105 proposes to change these distributions. The information is used to effort to reduce paperwork burden recordkeeping requirements. These compute charges in tariffs for access invites the general public and other changes incorporate the new GMDSS service (or origination and termination) Federal agencies to take this radio equipment and will reduce the and to compute revenue pool opportunity to comment on the estimated time per response. The distributions. Neither process could be following information collection, as recordkeeping requirement contained in implemented without the information. required by the Paperwork Reduction these rule sections is necessary to Obligation to respond: Required to Act of 1995, Public Law 104–13. An document that compulsory radio obtain or retain benefits. agency may not conduct or sponsor a equipped vessels and high seas vessels OMB Control No.: 3060–0952. collection of information unless it maintain listening watches and logs as Expiration Date: 10/31/2003. displays a currently valid control required by statutes and treaties Title: Proposed Demographic number. No person shall be subject to (including treaty requirements Information and Notifications, Second any penalty for failing to comply with contained in appendix 11 of the FNPRM, CC Docket No. 98–147 and a collection of information subject to the International Radio Regulations, chapter Fifth NPRM, CC Docket No. 96–98. Paperwork Reduction Act (PRA) that IV, Regulation 19 of the International Form No.: N/A. does not display a valid control number. Convention for the Safety of Life at Sea, Respondents: Business or other for- Comments are requested concerning (a) the Bridge-to-Bridge Radio Telephone profit. whether the proposed collection of Act, the Great Lakes Agreement, and the Estimated Annual Burden: 1400 information is necessary for the proper Communications Act of 1934, as respondents; 4 hours per response performance of the functions of the amended.) A retention period of more (avg.).; 5600 total annual burden hours. Commission, including whether the Estimated Annual Reporting and than one year is required where a log information shall have practical utility; involves communications relating to a Recordkeeping Cost Burden: $0. (b) the accuracy of the Commission’s Frequency of Response: On occasion; disaster, an investigation, or any claim burden estimate; (c) ways to enhance Third Party Disclosure. or complaint. If the information were Description: In CC Docket No. 98–147, the quality, utility, and clarity of the not collected, documentation the Commission solicited comment on information collected; and (d) ways to concerning station operations would not whether requesting carriers should minimize the burden of the collection of be available and treaty requirements receive demographic and other information on the respondents, would not be complied with. including the use of automated information from incumbent local Federal Communications Commission. exchange carriers (ILECs) to determine collection techniques or other forms of information technology. Magalie Roman Salas, whether they wish to collocate at Secretary. DATES: Written comments should be particular remote terminations. In CC [FR Doc. 00–30060 Filed 11–24–00; 8:45 am] Docket No. 98–96, comment was sought submitted on or before January 26, 2001. BILLING CODE 6712±01±U on whether ILECs should provide If you anticipate that you will be certain notifications to completing submitting comments, but find it carriers. If adopted, the proposed difficult to do so within the period of FEDERAL DEPOSIT INSURANCE requirements will implement section time allowed by this notice, you should CORPORATION 706 of the Communications Act of 1934, advise the contact listed below as soon as possible. as amended, to promote deployment of Sunshine Act Meeting advanced services without significantly ADDRESSES: Direct all comments to Les degrading the performance of other Smith, Federal Communications Pursuant to the provisions of the services. Obligation to respond: Commission, 445 12th Street, SW., ‘‘Government in the Sunshine Act’’ (5 Mandatory. Room 1–A804, Washington, DC 20554 U.S.C. 552b), notice is hereby given that Public reporting burdens for the or via the Internet to [email protected]. at 10:17 a.m. on Tuesday, November 21, collections of information are as noted FOR FURTHER INFORMATION CONTACT: For 2000, the Board of Directors of the above. Send comments regarding the additional information or copies of the Federal Deposit Insurance Corporation

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70722 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices met in closed session to consider 550—17th Street, N.W., Washington, Title: FEMA Grant Administration supervisory, resolution, corporate, and D.C. Forms. personnel matters. Dated: November 22, 2000. Type of Information Collection: In calling the meeting, the Board Federal Deposit Insurance Corporation. Reinstatement, with change, of a determined, on motion of Vice James D. LaPierre, previously approved collection for Chairman Andrew C. Hove, Jr., Deputy Executive Secretary. which approval has expired. seconded by Director Ellen S. Seidman [FR Doc. 00–30231 Filed 11–22–00; 11:03 OMB Number: 3067–0206. (Director, Office of Thrift Supervision), am] Abstract: This collection of concurred in by Director John D. Hawke, BILLING CODE 6717±01±M Jr. (Comptroller of the Currency), and information focuses on the Chairman Donna Tanoue, that standardization and consistent use of Corporation business required its standard and FEMA forms associated FEDERAL EMERGENCY with grantees requests for disaster and consideration of the matters on less than MANAGEMENT AGENCY seven days’ notice to the public; that no non-disaster Federal assistance, notice earlier than November 16, 2000, Agency Information Collection submission of financial and of the meeting was practicable; that the Activities: Submission for OMB administrative reporting, and public interest did not require Review; Comment Request recordkeeping. The use of the forms will consideration of the matters in a minimize burden on the respondents meeting open to public observation; and ACTION: Notice and request for and enable FEMA to continue to that the matters could be considered in comments. improve in its grants administration practices. a closed meeting by authority of SUMMARY: The Federal Emergency subsections (c)(2), (c)(4), (c)(6), (c)(8), Management Agency has submitted the Affected Public: State, Local or Tribal (c)(9)(A)(ii), (c)(9)(B), and (c)(10) of the following proposed information Government. ‘‘Government in the Sunshine Act’’ (5 collection to the Office of Management Estimated Total Annual Burden U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), and Budget for review and clearance in Hours: 31,775 hours—28,210 hours for (c)(9)(A)(ii), (c)(9)(B), and (c)(10)). accordance with the requirements of the non-disaster grants and 3,565 hours for The meeting was held in the Board Paperwork Reduction Act of 1995 (44 disaster grants. A breakdown of the Room of the FDIC Building located at U.S.C. 3507). burden is charted below:

NON-DISASTERS

Number of Number of response Hours per response and FEMA forms respondents per recordkeeping Annual burden hours (A) respondent (C) (AxBxC) (B)

SF±424 Application For Federal Assistance ...... 56 1 45 minutes ...... 42 hours. FEMA Form 20±10 Financial Status Report ...... 56 20 1 hour ...... 1120 hours. FEMA Form 20±15 Budget Information±Construction 56 5 17.2 hours ...... 4816 hours. Program. FEMA Form 20±16, 20±16A, 20±16B, 20±16C Sum- 56 1 1.7 hours ...... 95.2 hours. mary Sheet For Assurances and Certification. SF±LLL Disclosure of Lobby Activities ...... 56 2 10 minutes ...... 11.2 hours. FEMA Form 20±17 Outlay Report and Request for Re- 56 15 17.2 hours ...... 14448 hours. imbursement. FEMA Form 20±18 Report of Government Property ..... 56 2 4.2 hours ...... 470.4 hours. FEMA Form 20±19 Reconciliation of Grants and Coop- 56 20 5 minutes ...... 56 hours. erative Agreements. FEMA Form 20±20 Budget Information-Non-Construc- 56 10 9.7 hours ...... 5432 hours. tion Program. FEMA Form 76±10A Obligating Document For Award/ 56 2 1.2 hour ...... 134.4 hours. Amendment. Audits of States, Local Governments, and Non-Profit 56 1 30 hours ...... 1680 hours. Organizations.

Total ...... 4,424 ...... 28,210 hours.

DISASTERS

Number of Number of response Hours per response and Fema forms respondents per recordkeeping Annual burden hours (A) respondent (C) (AxBxC) (B)

SF±424 Application For Federal Assistance ...... 56 64 2 hours ...... 128 hours. FEMA Form 20±10 Financial Status Report ...... 56 256 10.5 hours ...... 2688 hours. FEMA Form 20±16, 20±16A, 20±16B, 20±16C Sum- 56 64 1 hour ...... 64 hours. mary Sheet For Assurances and Certification. FEMA Form 20±18 Report of Government Property ..... 56 64 1 hour ...... 64 hours.

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DISASTERSÐContinued

Number of Number of response Hours per response and Fema forms respondents per re- recordkeeping Annual burden hours (A) spondent (C) (AxBxC) (B)

FEMA Form 20±20 Budget Information-Non-Construc- 56 64 9.7 hours ...... 621 hours. tion Program.

Total ...... 512 ...... 3,565 hours.

Estimated Costs to Respondents: SUPPLEMENTARY INFORMATION: The notice Reports Clearance Officer on (202) 690– $600,547.50. of a major disaster for the State of 6207. Arizona is hereby amended to include Comments are invited on: (a) Whether Comments the following areas among those areas the proposed collection of information Interested persons are invited to determined to have been adversely is necessary for the proper performance submit written comments on the affected by the catastrophe declared a of the functions of the agency, including proposed information collection to major disaster by the President in his whether the information shall have Attention: Desk Officer for the Federal declaration of October 27, 2000: practical utility; (b) the accuracy of the Emergency Management Agency, Office Pinal County for Individual Assistance agency’s estimate of the burden of the of Management and Budget, Office of and Public Assistance proposed collection of information; (c) Information and Regulatory Affairs, 725 Gila River Indian Community for ways to enhance the quality, utility and 17th Street, NW., Washington, DC 20503 Individual Assistance and Public clarity of the information to be within 30 days of the date of this notice. Assistance collected; and (d) ways to minimize the FOR FURTHER INFORMATION CONTACT: Maricopa County for Public Assistance burden of the collection of information Requests for additional information or (already designated for Individual on respondents, including through the copies of the information collection Assistance) use of automated collection techniques should be made to Muriel B. Anderson, or other forms of information Chief, Records Management Branch, (The following Catalog of Federal Domestic technology. Assistance Numbers (CFDA) are to be used Program Services Division, Operations for reporting and drawing funds: 83.537, Proposed Projects: Support Directorate, Federal Emergency Community Disaster Loans; 83.538, Cora Management Agency, 500 C Street, SW, 1. Public Health Service Acquisition Brown Fund Program; 83.539, Crisis Regulation—PHSAR Part 380—Special Room 316, Washington, DC 20472, Counseling; 83.540, Disaster Legal Services telephone number (202) 646–2625, FAX Program; 83.541, Disaster Unemployment Program Requirements Affecting PHS number (202) 646–3347, or e-mail Assistance (DUA); 83.542, Fire Suppression Acquisitions, and Part 352—Solicitation address: [email protected]. Assistance; 83.543, Individual and Family Provisions and Contract Clauses—0990– Grant (IFG) Program; 83.544, Public 0128—Extension—This clearance Dated: November 20, 2000. Assistance Grants; 83.545, Disaster Housing request addresses recordkeeping and Reginald Trujillo, Program; 83.548, Hazard Mitigation Grant reporting requirements in the Public Director, Program Services Division, Program) Health Service Acquisition Regulation Operations Support Directorate. Lacy E. Suiter, (PHSAR) for acquisitions involving [FR Doc. 00–30075 Filed 11–24–00; 8:45 am] Executive Associate Director, Response and safety and health, drugs and medical BILLING CODE 6718±01±P Recovery Directorate. supplies, reusable cylinders, and [FR Doc. 00–30076 Filed 11–24–00; 8:45 am] laboratory animals. Respondents: State BILLING CODE 6718±02±P or local governments, Businesses or FEDERAL EMERGENCY other for-profit, non-profit institutions, MANAGEMENT AGENCY Small businesses; Burden Information [FEMA±1347±DR] for Drugs and Medical Supplies—Total DEPARTMENT OF HEALTH AND Number of Respondents: 43; Annual HUMAN SERVICES Arizona; Amendment No. 2 to Notice of Frequency of Response: three times; average Burden per Response: 2 hours; a Major Disaster Declaration Office of the Secretary Estimated Annual Burden for Drugs and AGENCY: Federal Emergency Medical Supplies Requirement: 258 Management Agency (FEMA). Agency Information Collection Activities: Proposed Collections; hours.—Burden Information on ACTION: Notice. Comment Request Reusable Cylinders—Total Number of Respondents: 8; Annual Frequency of SUMMARY: This notice amends the notice The Department of Health and Human Response: five times; Average Burden of a major disaster for the State of Services, Office of the Secretary will per Response: 1 hour; Estimated Annual Arizona, (FEMA–1347–DR), dated periodically publish summaries of Burden for Reusable Cylinders October 27, 2000, and related proposed information collections Requirement: 40 hours.—Burden determinations. projects and solicit public comments in Information for Laboratory Animals— EFFECTIVE DATE: November 16, 2000. compliance with the requirements of Total Number of Respondents: 63; FOR FURTHER INFORMATION CONTACT: Section 3506(c)(2)(A) of the Paperwork Annual Frequency of Response: one Madge Dale, Response and Recovery Reduction Act of 1995. To request more time; Average Burden per Response: 10 Directorate, Federal Emergency information on the project or to obtain hours; Estimated Annual Burden for Management Agency, Washington, DC a copy of the information collection Laboratory Animals Requirement: 630 20472, (202) 646–3772. plans and instruments, call the OS hours.—Burden Information for Safety

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70724 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices and Health—Total Number of SUPPLEMENTARY INFORMATION: The NAME: National Committee on Vital and Respondents: 60; Annual Frequency of President established the National Health Statistics (NCVHS), National Response: one time; Average Burden per Bioethics Advisory Commission (NBAC) Health Information Infrastructure Response: 8 hours; Estimated Annual on October 3, 1999 by Executive Order Workgroup, Health Statistics for the 21st Burden for Health and Safety 12975 as amended. The mission of the Century Workgroup. Requirement: 480 hours.—Total Burden: NBAC is to advise and make 1,408 hours. recommendations to the National TIME AND DATE: December 19, 2000, 10 a.m.–4 p.m. 2. Uniform Relocation and Real Science and Technology Council, its Property Acquisition Under Federal and Chair, the President, and other entities PLACE: Hubert H. Humphrey Building, Federally-assisted Programs (45 CFR on bioethical issues arising from the 200 Independence Avenue, SW, Part 15 and 49 CFR Part 24)—0990– research on human biology and Conference Room 425A, Washington, behavior, and from the applications of 0150—Extension—HHS has adopted DC 20201. standard government-wide regulations that research. STATUS: Open. on acquisition of real property and Public Participation relocation of persons thereby displaced. The meeting is open to the public PURPOSE: The National Health Federal agencies and State and local with attendance limited by the Information Infrastructure Workgroup governments must maintain records of availability of space on a first come, first and the Health Statistics for the 21st their displacement activities sufficient serve basis. Members of the public who Century Workgroup will meet in a joint to demonstrate compliance with these wish to present oral statements should planning session to discuss further regulations. Respondents: State or local contact Ms. Jody Crank by telephone, integration of the issues reviewed in governments; Annual Number of fax machine, or mail as shown below as their interim reports: ‘‘Toward a Respondents: one; Frequency of soon as possible, at least 4 days before National Health Information Response: once; Burden per Response: the meeting. The Chair will reserve time Infrastructure’’ and ‘‘Shaping a Vision one hour. for presentations by persons requesting for 21st Century Health Statistics.’’ The Send comments to Cynthia Agens to speak and asks that oral statements be working groups will also discuss the Bauer, OS Reports Clearance Officer, limited to five minutes. The order of development of a complementary Room 503H, Humphrey Building, 200 persons wanting to make a statement framework for their final reports. The Independence Avenue SW., will be assigned in the order in which interim reports may be downloaded Washington, DC 20201. Written requests are received. Individuals from the NCVHS homepage at: http:// comments should be received within 60 unable to make oral presentations can www.ncvhs.hhs.gov/. days of this notice. mail or fax their written comments to Dated: November 6, 2000. the NBAC staff office at least five NOTICE: In the interest of security, HHS Dennis P. Williams, business days prior to the meeting for has instituted stringent procedures for distribution to the Commission and Deputy Assistant Secretary, Budget. entrance to the Hubert H. Humphrey inclusion in the public record. The [FR Doc. 00–30055 Filed 11–24–00; 8:45 am] building by non-government employees. Commission also accepts general Persons without a government BILLING CODE 4150±24±M comments at its website at identification card may need to have the bioethics.gov. Persons needing special guard call for an escort to the meeting. assistance, such as sign language DEPARTMENT OF HEALTH AND interpretation or other special CONTACT PERSON FOR MORE INFORMATION: HUMAN SERVICES accommodations, should contact NBAC Substantive program information as Notice of a Meeting of the National staff at the address or telephone number well as summaries of meetings and a Bioethics Advisory Commission listed below as soon as possible. roster of committee members may be (NBAC) FOR FURTHER INFORMATION CONTACT: Ms. obtained from Marjorie S. Greenberg, Jody Crank, National Bioethics Advisory Executive Secretary, NCVHS, National SUMMARY: Pursuant to Section 10(d) of Commission, 6705 Rockledge Drive, Center for Health Statistics, Centers for the Federal Advisory Committee Act, as Suite 700, Bethesda, Maryland 20892– Disease Control and Prevention, Room amended (5 U.S.C. Appendix 2), notice 7979, telephone (301) 402–4242, fax 1100, Presidential Building, 6525 is given of a meeting of the National number (301) 480–6900. Belcrest Road, Hyattsville, Maryland Bioethics Advisory Commission. The Dated: November 20, 2000. 20782, telephone (301) 458–4245. Commission will discuss its ongoing Eric M. Meslin, Information also is available on the projects: (a) Draft report on ethical Executive Director, National Bioethics NCVHS home page of the HHS issues in international research, and (b) Advisory Commission. website:http://www.ncvhs.hhs.gov/. ethical and policy issues in the [FR Doc. 00–30057 Filed 11–22–00; 1:58 pm] oversight of human subjects research in Dated: November 17, 2000. BILLING CODE 4167±01±P the United States. Some Commission James Scanlon, members may participate by telephone Director, Division of Data Policy, Office of conference. The meeting is open to the DEPARTMENT OF HEALTH AND the Assistant Secretary for Planning and public and opportunities for statements HUMAN SERVICES Evaluation. by the public will be provided on [FR Doc. 00–30094 Filed 11–24–00; 8:45 am] December 7 from 1–1:30 pm. National Committee on Vital and Health BILLING CODE 4151±05±M Statistics: Meeting Dates/Times and Location December 7, 2000, 8:30 am–5 pm, The Pursuant to the Federal Advisory Embassy Row Hilton, 2015 Massachusetts Committee Act, the Department of Avenue NW, Washington, DC 20036 Health and Human Services (HHS) December 8, 2000, 8 am–12 pm, Same announces the following advisory Location as Above committee meeting.

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DEPARTMENT OF HEALTH AND regional, state, and national levels. This organizations or a copy of the current HUMAN SERVICES announcement is intended to help IRS Determination Letter. address gaps in leadership and technical Note: Public Law 104–65 states that an Centers for Disease Control and assistance in the development and organization described in section 501(c)(4) of Prevention delivery of HIV prevention services. the Internal Revenue Code of 1986 that For the purpose of this engages in lobbying activities is not eligible National Partnerships for Human announcement, the following to receive Federal funds constituting an Immunodeficiency Virus (HIV) definitions apply: award, grant, cooperative agreement, Prevention With a Focus on Business Leadership activities are defined as contract, loan, or any other form. and Labor, Youth-at-High Risk, and the development of communication and Below Is Additional Eligibility Criteria Migrant Workers mobilization strategies including for Each Category network development, partnership AGENCY: Centers for Disease Control and formation and coalition building, to Category I—Business- or Labor-Related Prevention (CDC), Department of Health raise and maintain community as well Organization Programs and Human Services (HHS). as national awareness of HIV prevention A. A business- or labor-related ACTION: Notice and request for needs and programs in specified organization is a non-profit, professional comments. populations. Leadership activities may or voluntary organization, that (1) has SUMMARY: The Centers for Disease also include developing and businesses, business leaders, or labor Control and Prevention (CDC) implementing strategies for needs leaders as a focus or constituency; or (2) announces the availability of fiscal year assessments, policy analysis and service is a labor union; or (3) is a trade (FY) 2001 funds. CDC will provide integration in collaboration with the association. In addition, the approximately $2.2 million dollars to private sector, federal partners, health organization (4) has a formal or informal support a technical assistance and departments, community-based network, chapters, affiliates, constituent leadership program for National organizations and community planning organizations, or offices in at least two Partnerships for Human groups. U.S. States or territories; and (5) has Immunodeficiency Virus (HIV) Technical Assistance activities are access to national or regional corporate, Prevention. This program addresses the defined as the provision of information business, union, or labor leaders and and skills and consultation and training ‘‘Healthy People 2010’’ focus areas of managers (e.g., human resource for individuals and organizations to HIV Prevention, Educational and managers). For example, a labor union improve the delivery and effectiveness Community-Based Programs, and with chapters in at least two States of HIV prevention interventions. Service Sexually Transmitted Diseases. would meet the definition of a national The purpose of this announcement is delivery activities may also be included business- or labor-related organization, to request comments on this proposed under the technical assistance activity. whereas an individual State chapter of program. After consideration of Technical Assistance funds available a national labor union would not. comments submitted, CDC will publish under this announcement must support B. Has a documented two-year record assistance that improves the capacity of a program announcement to solicit of providing technical assistance or recipient agencies to design, develop, applications. A more complete leadership activities focusing on HIV implement, and/or evaluate effective description of the program goals, prevention with business and labor HIV prevention interventions for one or eligible applicants, availability of funds, organizations and their employees or more of the three populations described program requirements, and evaluation members. below. criteria follow. Category II—Youth-Related DATES: The public is invited to submit Eligible Applicants Organization Programs comments by December 11, 2000. To be eligible for funding under this A. A youth-related organization is a ADDRESS: Submit your comments to and announcement, applicants must be (1) a non-profit organization that has youth, obtain additional information from: tax-exempt, non-profit national business and/or service providers who work with Technical Information and or labor related, youth related, or youth, as a focus or constituency. The Communications Branch, National migrant worker related organization, organization must have a formal or Center for HIV, STD, and TB whose net earnings in no part accrue to informal network, chapters, affiliates, Prevention, Centers for Disease the benefit of any private shareholder or constituent organizations, or offices in Control and Prevention (CDC), 1600 person; or (2) an academic institution at least two U.S. States or territories. For Clifton Road, NE Mail Stop E49, working in collaboration with such example, an agency with a linked Atlanta, GA 30333, Fax (404) 639– organizations; or (3) a federally network of youth-serving providers with 2007, E-mail: [email protected], recognized Indian tribal government, a members residing in at least two States Telephone (404) 639–2072 non-federally recognized tribe or other or Territories would meet the definition SUPPLEMENTARY INFORMATION: organization that qualifies under the of a youth-related organization, whereas Indian Civil Rights Act, State Charter an individual chapter of a national Purpose Tribes, Urban Indian Health Programs, organization would not. The purpose of the program is to Indian Health Boards, and/or Inter- B. Has a documented two-year record develop local, regional, state, and Tribal Councils. Proof of tax-exempt of providing technical assistance, national leadership and support for HIV status must be provided with the prevention services and/or leadership prevention programs and policies. It is application. CDC will not accept an activities focusing on HIV prevention also to provide technical assistance and application without proof of tax-exempt for Gay, Lesbian, Bisexual, service delivery in support of capacity status. Tax-exempt status is determined Transgendered and Questioning building and skills development for by the Internal Revenue Service (IRS) (GLBTQ) youth, homeless/run-away or community-based organizations, State Code, Section 501(c). Tax-exempt status street youth, and/or young women of and local health departments, and other may be proved by either providing a color. organizations conducting HIV copy of the pages from the IRS’ most C. Has a young person, age 24 or prevention activities at the local, recent list of 501(c) tax-exempt younger from the target population, on

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A migrant worker-related CDC HIV prevention funds under this populations. organization is a non-profit organization cooperative agreement; and That recipients, under the technical that has migrant workers and/or the h. Submit CDC forms for initiating assistance activity, use a variety of service providers who work with and completing technical assistance intervention types (e.g. small group migrant workers, as a focus or services. Forms will be provided by interventions, counseling and testing, constituency. The organization must CDC. prevention case management) and/or have a formal or informal network, other proven interventions identified in Category I—Business- or Labor-Related chapters, affiliates, constituent the CDC Compendium of Effective Organization Programs—Recipient organizations, or offices in at least two Programs, titled, ‘‘Compendium of HIV Activities U.S. States or territories. For example, Prevention Interventions with Evidence an agency with a linked network of Activity A—Leadership Activities of Effectiveness’’ November 1999, CDC migrant worker-serving providers with Prevention Research Synthesis to reach 1. Develop and promote, at the members residing in at least two States the designated population (e.g. young national, State, and local levels and, or Territories would meet the definition women of color, GLBTQ youth, when appropriate, at the international of a migrant farm worker-related runaway, homeless, or street youth). level, leadership in and support for HIV organization, whereas an individual prevention policies and strategies, that chapter of a national organization would Category III—Migrant Workers promote private-public partnerships to not. That recipients, under the leadership enhance HIV/AIDS awareness and B. Has a documented two-year record activity, address a variety of strategies prevention; of providing culturally tailored and/or programs to raise awareness and 2. Influence and strengthen, at the technical assistance or leadership stimulate HIV prevention intervention national, State, and local levels and, activities focusing on HIV prevention development in migrant worker-serving when appropriate, at the international for migrant workers. organizations, and that recipients under level, private sector engagement in Availability of Funds the technical assistance activity use a shaping societal and community norms variety of intervention types (e.g. small that dispel HIV/AIDS stigma, reduce Approximately $2.2 million is discrimination against persons with available in FY 2001 to fund group interventions, counseling and testing, prevention case management); HIV/AIDS, and facilitate HIV prevention approximately nine awards. It is by encouraging the adoption and expected that the average award will be and/or other strategies and interventions that are proven to be effective in maintenance of safer behaviors; $225,000, ranging from $200,000 to 3. Support the private sector $300,000. It is expected that the awards providing services to the designated community. development of policies and programs will begin on or about April 1, 2001, addressing HIV/AIDS and HIV and will be made for a 12-month budget Program Requirements prevention education in the workplace period within a project period of up to Recipients in all categories must at the national, State, regional, local three years. Funding estimates may conduct the following activities: and, when appropriate, international change. a. Incorporate cultural competency levels. Funding Preferences and linguistic appropriateness into all Activity B—Technical Assistance Preference for funding in all technical assistance and skills building Activities efforts, including those involving the categories will be given to: 1. Provide businesses and business- development, production, 1. Ensuring that leadership and labor-related organizations with dissemination, and marketing of health development and/or technical technical assistance related to: assistance is available to the designated communication or prevention messages; • Adopting and implementing target populations as a primary focus; b. Use epidemiologic data, behavioral appropriate CDC-recommended policies and research, and program evaluation, to on HIV/AIDS in the workplace 2. Addresses gaps in current national/ inform technical assistance and • Educating managers and labor regional or local technical assistance intervention development which meet leaders about these policies services (gaps may be defined by the needs of the designated populations; • Educating workers about HIV/AIDS geography; target population, race/ c. Coordinate program activities with in the workplace ethnicity, risk behavior; or intervention relevant public sector partners, • Educating workers and their type). including national, regional, State, and families about HIV prevention, and local HIV prevention programs to • Contributing to community efforts Additional Funding Preferences by prevent duplication of efforts; to control HIV transmission; Category d. Review and ensure consistency 2. Facilitate State and local HIV Preference for funding will be given to with applicable State and local prevention community planning groups, ensuring the following: comprehensive HIV prevention health departments, CBOs, and other community plans when conducting HIV prevention providers in working Category I—Business and Labor program activities at the State and local with business, labor, and business- and That both business and labor levels; labor-related organizations to strengthen organizations are funded in at least one e. Facilitate the dissemination of and promote HIV prevention efforts in of the two designated activities. successful prevention interventions and the community;

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3. Facilitate business, labor and 3. Implement a plan for developing level, leadership support for HIV business- and labor-related and maintaining ongoing technical prevention policies, programs and organizations in working with State and assistance and service delivery services for HIV prevention for migrant local HIV prevention community collaboration with CDC-funded CBOs, workers. planning groups, health departments, capacity-building assistance providers, 2. Influence and strengthen, at the CBOs, and other HIV prevention other CBOs, and State and local Health national, State, and local levels and, providers to strengthen and promote Departments. when appropriate, at the international HIV prevention efforts in the 4. Implement a system that responds level, societal and community norms community. to technical assistance and service that dispel HIV/AIDS stigma, reduce delivery requests. The system must discrimination against migrant workers Category II—Youth-Related include mechanisms for assessing and with HIV/AIDS, and facilitate HIV Organization Programs—Recipient prioritizing requests; linking requests to prevention by supporting the adoption Activities other technical assistance and service and maintenance of safer behaviors in Activity A—Leadership resources and to services provided by migrant workers. 1. Develop and promote, at the other Technical Assistance providers. Activity B—Technical Assistance national, State, and local levels and, 5. Identify and complement the technical assistance and service delivery 1. Include CDC-funded CBOs, other when appropriate, at the international CBOs, Health Department staff, State level, leadership support for HIV efforts for the target population available locally. Cooperate with other Education agencies, and other potential prevention policies, programs and consumers of the proposed services in services for HIV prevention for young national, regional, State, and local technical assistance and service planning and evaluating the proposed women of color, homeless, run-away technical assistance and service delivery and street youth, and/or GLBTQ youth; providers to (a) avoid duplication of effort and (b) ensure that capacity- program. 2. Influence and strengthen, at the 2. Ensure the effective and efficient national, State, and local levels and, building assistance is allocated according to gaps in available services provision of technical assistance and/or when appropriate, at the international delivery of effective services to address level, societal and community norms and the needs of organizations serving youth at high risk for acquiring and HIV prevention for migrant workers. that dispel HIV/AIDS stigma, reduce (Examples include, but are not limited discrimination against persons with transmitting HIV and other STDs. 6. Coordinate program activities with to, intervention replication or HIV/AIDS, and facilitate HIV prevention appropriate national, regional, State, adaptation, use of behavioral and social by supporting the adoption and and local governmental and non- sciences to increase intervention maintenance of safer behaviors in youth. governmental HIV prevention partners effectiveness, increasing the cultural Activity B—Technical Assistance (e.g., health departments, CBOs) and competence and linguistic appropriateness of interventions, service 1. Include CDC-funded CBOs, other CPGs. (Note: For this announcement, the term ‘‘coordinate’’ means integration, developing effective health CBOs, Health Department staff, State communications messages, conducting Education agencies, and other potential exchanging information and altering activities for mutual benefit.) population-based needs assessments, consumers of the proposed services in and evaluation planning and planning and evaluating the proposed 7. Incorporate cultural competency, age, and linguistic and educational implementation.) Recipients should technical assistance and service delivery work closely with CDC to identify program. appropriateness into all capacity- building activities; interventions for the migrant worker 2. Ensure the effective and efficient population that have a sound basis in provision of technical assistance and/or 8. Assist State and local HIV prevention community planning groups, science or proven program experience delivery of effective services to address and are suitable for dissemination. HIV prevention for the designated youth health departments, CBOs, and other HIV prevention providers in working These services are to be provided populations. (Examples include, but are through the use of information transfer, not limited to, intervention replication with youth and youth serving organizations to strengthen and promote skills building, technical consultation, or adaptation, use of behavioral and technical services, and technology social sciences to increase intervention HIV prevention among youth in the community. transfer. These services should be effectiveness, increasing the cultural culturally and linguistically appropriate competence and linguistic 9. Assist youth serving organizations in working with State and local HIV and based in science. appropriateness of interventions, service 3. Implement a plan for developing prevention community planning groups, integration, developing effective health and maintaining ongoing technical health departments, CBOs, and other communications messages, conducting assistance and service delivery HIV prevention providers to strengthen population-based needs assessments, collaboration with CDC-funded CBOs, and promote HIV prevention among and evaluation planning and other CBOs, and State and local Health youth in the community. implementation.) Recipients should Departments. 10. Participate in the CDC- work closely with CDC to identify 4. Implement a system that responds coordinated Capacity-Building interventions for the designated youth to technical assistance and service Assistance Network to enhance populations that have a sound basis in delivery requests. The system must communication, coordination, and science or proven program experience include mechanisms for assessing and training. and are suitable for dissemination. prioritizing requests; linking requests to These services are to be provided Category III—Migrant Worker-Related other technical assistance and service through the use of information transfer, Programs—Recipient Activities resources and to services provided by skills building, technical consultation, other Technical Assistance providers. technical services, and technology Activity A—Leadership 5. Identify and complement the transfer. These services should be 1. Develop and promote, at the technical assistance and service delivery culturally appropriate and based in national, State, and local levels and, efforts for the target population science. when appropriate, at the international available locally. Cooperate with other

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70728 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices national, regional, State, and local Evaluation Criteria DEPARTMENT OF HEALTH AND technical assistance and service HUMAN SERVICES providers to (a) avoid duplication of 1. Organizational History and effort and (b) ensure that technical Capacity: (15 Total Points). Administration for Children and assistance is allocated according to gaps 2. Assessment of Need: (10 Total Families in available services and the needs of Points). Proposed Information Collection organizations serving migrant workers at 3. Long-term Goals: (15 Total Points). risk for acquiring and transmitting HIV Activity; Comment Request 4. Program Proposal: (20 Total Points). and other STDs. Proposed Projects 6. Coordinate program activities with 5. Scientific, Theoretical, or appropriate national, regional, State, Conceptual Foundation for Proposed Title: Federal Tax Offset, and local governmental and non- Activities: (15 Total Points). Administrative Offset, and Passport governmental HIV prevention partners Denial. 6. Plan of Evaluation: (10 Total (e.g., health departments, capacity- OMB No.: 0970–0161. building assistance providers, CBOs) Points). Description: The Tax Refund Offset and CPGs. (Note: For this 7. Project Management and Staffing: and Administrative Offset Program announcement, the term ‘‘coordinate’’ (15 Total Points). collects past-due child support by intercepting certain Federal payments, means exchanging information and 8. Budget Breakdown and including Federal Tax refunds of altering activities for mutual benefit.) Justification: (Not Scored). 7. Incorporate cultural and linguistic parents who have been ordered to pay competency, and educational 9. Past Performance history with CDC: child support and are behind in paying appropriateness into all technical (Not Scored). the debt. The program is a cooperative assistance and prevention activities; Dated: November 20, 2000. effort including the Department of Treasury’s Financial Management 8. Assist State and local HIV Joseph R. Carter, prevention community planning groups, Service (FMS), the Federal Office of health departments, CBOs, and other Associate Director for Management and Child Support Enforcement (OCSE) and Operations, Centers for Disease Control and HIV prevention providers in working State Child Support Enforcement (CSE) Prevention (CDC). with migrant workers and/or agencies. The Passport Denial program organizations serving migrant workers [FR Doc. 00–30078 Filed 11–24–00; 8:45 am] reports non-custodial parents who owe to strengthen and promote HIV BILLING CODE 4163±18±P arrears above a threshold to Department prevention among this community. of State (DOS), which will then deny 9. Assist migrant serving passports to these individuals. On an organizations in working with State and ongoing basis, CSE agencies submit to local HIV prevention community OCSE the names, Social Security planning groups, health departments, Numbers (SSNs) and the amount(s) of CBOs, and other HIV prevention past due child support of people who providers to strengthen and promote are delinquent in making child support HIV prevention among youth in the payments. community. Respondents: State IV–D Agencies.

ANNUAL BURDEN ESTIMATES

No. Average No. of responses burden Total Instrument respondents per hours per burden respondent response hours

Input Record ...... 54 52 .3 842.4 Output Record ...... 54 52 .46 1292 Payment File ...... 54 26 .27 379 Certification Letter ...... 54 1 .4 21.6

Estimated Total Annual Burden Hours ...... 2535

In compliance with the requirements should be identified by the title of the respondents, including through the use of section 3506(c)(2)(A) of the information collection. of automated collection techniques or Paperwork Reduction Act of 1995, the The Department specifically requests other forms of information technology. Administration for Children and comments on: (a) Whether the proposed Consideration will be given to Families is soliciting public comment collection of information is necessary comments and suggestions submitted on the specific aspects of the for the proper performance of the within 60 days of this publication. information collection described above. functions of the agency, including Copies of the proposed collection of whether the information shall have Dated: November 20, 2000. information can be obtained and practical utility; (b) the accuracy of the Bob Sargis, comments may be forwarded by writing agency’s estimate of the burden of the Reports Clearance Officer. to the Administration for Children and proposed collection of information; (c) [FR Doc. 00–30056 Filed 11–24–00; 8:45 am] Families, Office of Information Services, the quality, utility, and clarity of the BILLING CODE 4184±01±M 370 L’Enfant Promenade, S.W., information to be collected; and (d) Washington, D.C. 20447, Attn: ACF ways to minimize the burden of the Reports Clearance Officer. All requests collection of information on

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DEPARTMENT OF HEALTH AND year. Members of the Council include comments to the Executive Director and HUMAN SERVICES both participating and nonparticipating Council members. The meeting is open physicians, and physicians practicing in to the public, but attendance is limited Health Care Financing Administration rural and underserved urban areas. At to the space available. Individuals [HCFA±1165±N] least 11 members must be doctors of requiring sign language interpretation medicine or osteopathy authorized to for the hearing impaired or other special Medicare Program; December 11, 2000, practice medicine and surgery by the accommodation should contact John Meeting of the Practicing Physicians States in which they practice. Members Lanigan at (202) 690–7418 at least 10 Advisory Council have been invited to serve for days before the meeting. overlapping 4-year terms. In accordance AGENCY: Health Care Financing (Section 1868 of the Social Security Act (42 with section 14 of the Federal Advisory U.S.C. 1395ee) and section 10(a) of Public Administration (HCFA), HHS. Committee Act, terms of more than 2 Law 92–463 (5 U.S.C. App. 2, section 10(a)); ACTION: Notice of meeting. years are contingent upon the renewal 45 C.F.R. Part 11) of the Council by appropriate action SUMMARY: In accordance with section (Catalog of Federal Domestic Assistance before the end of the 2-year term. Program No. 93.773, Medicare—Hospital 10(a) of the Federal Advisory Committee The Council held its first meeting on Insurance; and Program No. 93.774, Act, this notice announces a meeting of May 11, 1992. Medicare—Supplementary Medical the Practicing Physicians Advisory The current members are: Jerold M. Insurance Program) Council. This meeting is open to the Aronson, M.D.; Richard Bronfman, Dated: November 22, 2000. public. D.P.M.; Joseph Heyman, M.D.; Sandral Michael M. Hash, DATES: The meeting is scheduled for Hullett, M.D.; Stephen A. Imbeau, M.D.; Acting Administrator, Health Care Financing December 11, 2000, from 8:30 a.m. until Jerilynn S. Kaibel, D.C.; Angelyn L. Administration. 5 p.m., e.s.t. Moultrie, D.O.; Derrick K. Latos, M.D.; [FR Doc. 00–30271 Filed 11–24–00; 8:45 am] ADDRESSES Dale Lervick, O.D.; Sandra B. Reed, : The meeting will be held in BILLING CODE 4120±01±P Room 800, 8th Floor, Hubert H. M.D.; Amilu Rothhammer, M.D.; Maisie Humphrey Building, 200 Independence Tam, M.D.; Victor Vela, M.D.; Kenneth Avenue, SW, Washington, DC 20201. M. Viste, Jr., M.D.; and Douglas L. FOR FURTHER INFORMATION CONTACT: Paul Wood, M.D. The Council Chairperson is DEPARTMENT OF THE INTERIOR Rudolf, M.D., J.D., Executive Director, Derrick L. Latos, M.D. Practicing Physicians Advisory Council, Council members will be updated on Fish and Wildlife Service Room 435–H, Hubert H. Humphrey the following subjects—status of the Availability of a Draft Environmental Building, 200 Independence Avenue, Stark II Regulations and Advance Assessment and Preliminary Finding SW., Washington, D.C. 20201, (202) Beneficiary Notices. of No Significant Impact, and Receipt 690–7874. News media representatives The agenda will provide for of an Application for an Incidental Take should contact the HCFA Press Office, discussion and comment on the listed Permit for Forest Management and (202) 690–6145. Please refer to the following topics: • Proposed Program Integrity Timber Harvest in Mississippi and HCFA Advisory Committees Customer Service Project. Alabama Information Line (1–877–449–5659 toll • Health Care Financing free)/(410–786–9379 local) or the Administration/Office of the Inspector AGENCY: Fish and Wildlife Service, Internet (http://www.hcfa.gov/fac) for General Audits. Interior. additional information and updates on • Guidelines for Documenting ACTION: Notice. committee activities. Evaluation and Management Services. SUPPLEMENTARY INFORMATION: The • Physician Regulatory Issues Team International Paper (Applicant) has Secretary of the Department of Health (Sentinel Clinicians, Sentinel Data, requested an incidental take permit and Human Services (the Secretary) is Frequently Asked Questions and (ITP) pursuant to section 10(a)(1)(B) of mandated by section 1868 of the Social Medicare Basics). the Endangered Species Act of 1973 Security Act to appoint a Practicing For additional information and (U.S.C. 1531 et seq.), as amended (Act). Physicians Advisory Council (the clarification on the topics listed, call the The Applicant anticipates taking the Council) based on nominations contact person in the FOR FURTHER threatened gopher tortoise (Gopherus submitted by medical organizations INFORMATION CONTACT section of this polyphemus) over the next 5 years representing physicians. The Council notice. incidental to forest management for meets quarterly to discuss certain Individual physicians or medical timber production and wildlife proposed changes in regulations and organizations that represent physicians enhancement, road construction, carrier manual instructions related to that wish to make 5-minute oral research, and timber harvest. The physicians’ services, as identified by the presentations on agenda issues should anticipated take and measures to Secretary. To the extent feasible and contact the Executive Director by 12 minimize and mitigate these takings consistent with statutory deadlines, the noon, December 1, 2000, to be will occur on 80,000 acres of the consultation must occur before scheduled. Testimony is limited to Applicant’s fee simple and leased lands publication of the proposed changes. listed agenda issues only. The number in Lamar, George, Pearl River, Greene, The Council submits an annual report of oral presentations may be limited by Stone, Harrison, Perry, Forrest, and on its recommendations to the Secretary the time available. A written copy of the Jackson counties, Mississippi; and in and the Administrator of the Health presenter’s oral remarks should be Washington and Mobile counties, Care Financing Administration not later submitted to the Executive Director no Alabama. The proposed permit would than December 31 of each year. later than 12 noon, December 4, 2000, authorize incidental take of up to 1,420 The Council consists of 15 physicians, for distribution to Council members for tortoises that are not associated with each of whom has submitted at least 250 review prior to the meeting. Physicians gopher tortoise colonies. Of the tortoises claims for physicians’ services under and organizations not scheduled to incidentally taken, most would be Medicare or Medicaid in the previous speak may also submit written harmed but not actually killed or

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70730 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices physically injured during this 5-year ADDRESSES). You may also comment via Biologist, Jackson Field Office, plan. the internet to ‘‘[email protected]’’. Mississippi (see ADDRESSES above), To minimize and mitigate for taking Please submit comments over the telephone: 601/321–1124. of gopher tortoises, the Applicant will internet as an ASCII file avoiding the SUPPLEMENTARY INFORMATION: The protect, restore, and maintain habitat for use of special characters and any form gopher tortoise was listed in 1987 as a 1,280 tortoises within 240 gopher of encryption. Please also include your threatened species in the western part of tortoise colonies within stands where name and return address in your its geographic range, west of the timber will be thinned or regenerated. internet message. If you do not receive Tombigbee and Mobile Rivers in Adaptive management will be used to a confirmation from the Service that we Alabama, Mississippi and Louisiana. ensure that at least 10 colony tortoises have received your internet message, The gopher tortoise is a burrowing are conserved in restored and managed contact us directly at either telephone animal that historically inhabited fire- habitat for every 11 tortoises potentially number listed below (see FURTHER maintained longleaf pine communities subject to incidental take. The INFORMATION). Finally, you may hand on moderately well drained to xeric Applicant’s Habitat Conservation Plan deliver comments to either Service soils in the Coastal Plain. These longleaf (HCP) is an interim 5-year plan and office listed below (see ADDRESSES). Our pine communities consisted of permit during which time additional practice is to make comments, including relatively open fire-maintained forests, research and planning will be names and home addresses of without a closed overstory, with a well completed for a more long-term respondents, available for public review developed herbaceous plant layer of comprehensive HCP. A more detailed during regular business hours. grasses and forbs. About 80% of the description of the mitigation and Individual respondents may request that original habitat for gopher tortoises was minimization measures to address the we withhold their home address from lost by the time the species was listed effects of the Project to the gopher the administrative record. We will due to conversions to urban and tortoise is provided in the Applicant’s honor such requests to the extent agricultural land use. On remaining HCP, the Service’s draft Environmental allowable by law. There may also be forests, management practices Assessment (EA), and in the other circumstances in which we would converting longleaf pine to densely SUPPLEMENTARY INFORMATION section withhold from the administrative record planted pine stands for pulpwood below. a respondent’s identity, as allowable by production, fire exclusion, and The Service announces the law. If you wish us to withhold your infrequently prescribed fire further availability of a draft EA and HCP for name and address, you must state this reduced the open forest with grasses the incidental take application. Copies prominently at the beginning of your and forbs that tortoises need for of the draft EA and/or HCP may be comments. We will not; however, burrowing, nesting, and feeding. Over obtained by making a request to the consider anonymous comments. We 19,000 gopher tortoises have been Regional Office (see ADDRESSES). will make all submissions from estimated to occur in the listed range. Requests must be in writing to be organizations or businesses, and from The tortoise, however, is a long-lived processed. This notice also advises the individuals identifying themselves as animal with low reproductive rates. public that the Service has made a representatives or officials of preliminary determination that issuing organizations or businesses, available Remaining populations, though the ITP is not a major Federal action for public inspection in their entirety. relatively widespread, are individually small, fragmented, and usually in poor significantly affecting the quality of the DATES: Written comments on the ITP human environment within the meaning habitat without adequate reproduction application, draft EA, and HCP should for a self-sustaining viable population. of Section 102(2)(C) of the National be sent to the Service’s Regional Office Environmental Policy Act of 1969, as Frequent fire no longer naturally occurs (see ADDRESSES) and should be received in the listed range due to past effects of amended (NEPA). The preliminary on or before December 27, 2000. Finding of No Significant Impact habitat alteration and fragmentation. ADDRESSES: Persons wishing to review (FONSI) is based on information Without prescribed fire and other the application, HCP, and EA may contained in the draft EA and HCP. The restoration actions the quality of gopher obtain a copy by writing the Service’s final determination will be made no tortoise habitat continues to decline. Southeast Regional Office, Atlanta, sooner than 30 days from the date of Land management to avoid the Georgia. Documents will also be this notice. This notice is provided incidental take of tortoises will not available for public inspection by pursuant to Section 10 of the Act and recover the species since restoration and appointment during normal business NEPA regulations (40 CFR 1506.6). active management to maintain habitat The Service specifically requests hours at the Regional Office, 1875 is required. information, views, and opinions from Century Boulevard, Suite 200, Atlanta, Under section 9 of the Act and its the public via this Notice on the federal Georgia 30345 (Attn: Endangered implementing regulations, ‘‘taking’’ of action, including the identification of Species Permits), or Field Supervisor, endangered and threatened wildlife is any other aspects of the human U.S. Fish and Wildlife Service, 6578 prohibited. However, the Service, under environment not already identified in Dogwood View Parkway, Suite A, limited circumstances, may issue the Service’s draft EA. Further, the Jackson, Mississippi 39213. Written data permits to take such wildlife if the Service specifically solicits information or comments concerning the taking is incidental to and not the regarding the adequacy of the HCP as application, or HCP should be purpose of otherwise lawful activities. measured against the Service’s ITP submitted to the Regional Office. Please The Applicant has prepared an HCP as issuance criteria found in 50 CFR Parts reference permit number TE033112–0 in required for the incidental take permit 13 and 17. requests of the documents discussed application. If you wish to comment, you may herein. The biological goal of the Applicant’s submit comments by any one of several FOR FURTHER INFORMATION CONTACT: Mr. HCP is to conserve, restore, and sustain methods. Please reference permit David Dell, Regional HCP Coordinator, all gopher tortoise colonies for a 5-year number TE033112–0 in such comments. (see ADDRESSES above), telephone: 404/ period in stands where timber will be You may mail comments to the 679–7313, facsimile: 404/679–7081; or thinned or regenerated. Prior to timber Service’s Regional Office (see Mr. Will McDearman, Fish and Wildlife harvests, each stand will be

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Inform and train applicant’s 31, 2001. hardwoods, and as necessary pine trees employees, contractors, and recreational Public scoping meetings for the River to create an open forest and optimal users on the gopher tortoise Management Plan will be held after the conditions for gopher tortoises. Since management guidelines specified in the first of the year, 2001, in Klamath Falls, the density of tortoises is greater in HCP. Oregon and/or Copco or Yreka or colonies, the objective of the plan is to As stated above, the Service has made Redding, California. conserve and manage segments of the a preliminary determination that the The Draft River Management Plan and population that most likely continue to issuance of the ITP is not a major DEIS analysis would be available for breed. Federal action significantly affecting the public review by the fall of 2001. Gopher tortoise surveys on 20,000 quality of the human environment Comments will be accepted for the DEIS acres of transects on the Applicant’s within the meaning of section 102(2)(C) for 90 days. After incorporation of DEIS land have not identified any colonies or of NEPA. This preliminary information comments the document will be populations that are potentially viable may be revised due to public comment finalized and re-sent out for review after with 50 or more interbreeding tortoises. received in response to this notice and the first of the year, 2002. Comments Gopher tortoises occur, overall, at low is based on information contained in the will be accepted on the FEIS for 30 densities on the Applicant’s land. The draft EA and HCP. days. focus of this interim plan is to conserve The Service will also evaluate ADDRESSES: Comments should be sent to the most likely breeding segments of the whether the issuance of a section Manager, Bureau of Land Management, population that are important for short- 10(a)(1)(B) ITP complies with section 7 Klamath Falls Resource Area, 2795 term survival. During this period, a of the Act by conducting an intra- Anderson Avenue, Klamath Falls, OR long-term plan will be developed based Service section 7 consultation. The 97603, ATTN: Klamath River Plan. on additional research and results of the biological opinion, in comprehensive surveys on up to 80,000 combination with the above findings, FOR FURTHER INFORMATION CONTACT: acres of habitat. The goal of the future will be used in the final analysis to Larry Frazier, Natural Resources Branch plan is restore and manage habitat for determine whether or not to issue the Chief, (541) 883–6916. aggregations of colonies with the ITP. SUPPLEMENTARY INFORMATION: The greatest potential to contribute to Dated: November 17, 2000. proposed ACEC/River Management Plan recovery. H. Dale Hall, is located on the Klamath Falls Resource The HCP has the following objectives: Acting Regional Director. Area of the Lakeview District, Oregon 1. Survey Applicant’s lands within [FR Doc. 00–30218 Filed 11–24–00; 8:45 am] and the Redding Field Office, California. An ACEC designation for this project the historic gopher tortoise range to BILLING CODE 4310±55±P identify tortoise occurrence in relation was completed as part of the Klamath to soil type and other habitat parameters Falls Resource Area Resource in order to develop predictive models of DEPARTMENT OF THE INTERIOR Management Plan (1995). The Upper tortoise occurrence. Klamath River was designated by the 2. Conduct research to form a Bureau of Land Management Secretary of the Interior as a Scenic scientific basis for submission of an River and was included in the National HCP for at least an additional 25 years Notice of Intent To Prepare a ACEC/ Wild and Scenic Rivers system under that would seek to build and maintain River Management Plan and EIS for the section 2(a)(ii) of the National Wild and viable gopher tortoise populations on Wild and Scenic Klamath River in Scenic Rivers Act on September 22, the Applicant’s lands. Oregon and That Portion of the 1994. The same reach of river was 3. Conduct research to evaluate Klamath River Down to the Slack Water designated a State Scenic Waterway in adverse effects of mechanized forest of Copco Reservoir in California 1988 under Oregon’s State Scenic management and harvesting, and other AGENCIES: Bureau of Land Management Waterway Act. silvicultural practices on gopher Oregon and California, Oregon Parks The ACEC designation begins from tortoises. and Recreation Department. the John C. Boyle Dam. 4. Identify gopher tortoise colonies ACTION: Notice of Intent To Prepare an The purposes of undertaking an and designate management areas around ACEC/River Management Plan and ACEC/River Management Plan and EIS these sites. Improve and perpetuate Environmental Impact Statement for the at this time are to evaluate current river favorable habitat conditions around Klamath River in Southern Oregon and uses in an environmental document that these management areas. Northern California. will then be included as part of the 5. Conduct research necessary to environmental review in the Federal implement long term mitigation with SUMMARY: Pursuant to Section 102(2)(C) Energy Regulatory Commission (FERC) the goal of creating larger, contiguous of the National Environmental Policy Relicensing process of hydroelectric gopher tortoise management units that Act of 1969, the Bureau of Land uses on the river in 2005. The depth of will become viable population centers Management, Lakeview District/ analysis on some issues for the ACEC/ contributing to species recovery goals. Klamath Falls Resource Area will be River Management Plan will be 6. Demonstrate successful application directing the preparation of an ACEC/ dependent upon the results of scoping. of adaptive management, sound science, River Management Plan and Tentative issues to be addressed are and third party involvement in Environmental Impact Statement (EIS) water quality and quantity, fisheries, development of a broad-base HCP that evaluating the impacts of river uses in recreation, cultural resources, wildlife, has the core objective of contributing to southern Oregon and northern botanical resources, scenic river, and gopher tortoise recovery. California. hydroelectric relicensing processes.

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The proposed project area for the Comments, including names and as indicated below. Topics for Klamath River in Oregon is @11 miles addresses of respondents, will be discussion include the review of public long from the John C. Boyle Dam to the available for public review at the comments received on the Black Rock OR/CA State Line and encompasses Klamath Falls Resource Area office Desert Management Plan, and the time @4960 acres. The California portion of during regular business hours (8 a.m.to line proposed for completion of the final the project is from the OR/CA State Line 5 p.m., M–F, except holidays) and may management plan and environmental to the slack water of Copco Reservoir in be published as part of the EIS or other impact statement. The second round of California, a distance of @10 miles and related documents. Individuals may Southern Nevada Public Lands encompasses @4200 acres. request confidentiality. If you wish to Management Act acquisition The proposed project is within withhold your name or address from nominations will also be discussed. Klamath County, Oregon and Siskiyou public review or from disclosure under This meeting is open to the public. The County, California. The proposed the Freedom of Information Act, you public comment period for the Black project is approximately 12–25 miles must state this promptly at the Rock Desert Management Plan will south west of Klamath Falls, Oregon beginning of your written comment. begin at 11 a.m. The public comment beginning at the John C. Boyle Dam. Such request will be honored to the period for the Southern Nevada Public The BLM/Klamath Falls Resource extent allowed by law. All submissions Management Act will begin at 3 p.m. Area, 2795 Anderson Avenue, Bldg. 25, from organizations or businesses, and The public may present written Klamath Falls, OR 97603, (541) 883– from individuals identifying themselves comments to the Council. Individuals 6916 will be the lead agency in as representatives or officials of who plan to attend and need further preparation of documents. Future organizations or businesses, will be information about the meeting, should documents will be available from this made available for public inspection in contact Les Boni at the Winnemucca address. Related documents include the their entirety. Field Office, BLM, 5100 E. Winnemucca Final Eligibility and Suitability Report If this management direction is Blvd., Reno, Nevada 89445, or by for the Upper Klamath Wild and Scenic approved, one or more of the telephone at (775) 623–1500. River Study (1990) (Department of the alternatives would amend the Klamath LOCATION, DATE AND TIME: The Council Interior). Copies of this document are Falls Resource Area Resource will meet on Monday, December 4, available from the Klamath Falls Management Plan (June 1995) and the 2000, beginning at 9 a.m. and may Resource Area office. Another related Redding Resource Management Plan continue into the evening, at the Fernley document is the Klamath Wild and (June 1993). If the proposed direction Town Complex, 595 Silver Lace Blvd., Scenic River Eligibility Report and amends the RMP plans in both Fernley, Nevada. Environmental Assessment (1994) California and Oregon, Bureau of Land FOR FURTHER INFORMATION CONTACT: Les (National Park Service, Pacific Management regulations and associated Boni, Assistant Field Manager Northwest Region). Copies of this manuals and handbooks for land use Nonrenewable Resources, Winnemucca document are available at the National planning would apply. Field Office, 5100 E. Winnemucca Park Service, Northwest Regional Office, Sincerely, Blvd., Winnemucca, Nevada 89445, 909 First Avenue, Seattle, WA 98104– Teresa A. Raml, telephone (775) 623–1500. 1060. Manager, Klamath Falls Resource Area. Dated: November 12, 2000. The interdisciplinary team will be [FR Doc. 00–30064 Filed 11–24–00; 8:45 am] made up of a team leader, wildlife, Terry A. Reed, fisheries, botany, archaeology, BILLING CODE 4310±40±U Winnemucca Field Manager. recreation, hydrology, and planning [FR Doc. 00–30062 Filed 11–24–00; 8:45 am] BILLING CODE 4310±HC±P specialists. An Interagency Review DEPARTMENT OF THE INTERIOR Committee comprised of representatives from county, state, and federal agencies Bureau of Land Management will ensure the project complies with DEPARTMENT OF THE INTERIOR [NV±020±1220±XQ] regulatory processes in California and Bureau of Land Management Oregon. The Upper Basin Subcommittee Sierra Front-Northwestern Great Basin of the Klamath Provincial Advisory [CO±200±1430±EQ] Resource Advisory CouncilÐNotice of Committee will assist in the gathering of MeetingÐAgenda Amendment, Nevada information from private river users, Notice of Realty ActionÐLake County local private landowners and other AGENCY: Bureau of Land Management, AGENCY: Bureau of Land Management, interested parties to include in the Interior. Department of Interior. interdisciplinary analysis. ACTION: Amend the Federal Register ACTION: Notice of Realty Action, Federal The Oregon Parks and Recreation Notice, published November 1, 2000 for Land Policy and Management Act Department is a cooperative agency in the Special Resource Advisory Council Section 302 Lease, in Lake County, the preparation of this document. Other Meeting—Black Rock Desert Colorado. cooperating agencies are the BLM/ Management Plan, to include discussion Redding Field Office in California. The of the Southern Nevada Public Lands SUMMARY: All public land within the proposed project is for the BLM/ Management Act acquisition City of Leadville, Colorado is available Klamath Falls Resource Area to prepare nominations. for lease under Section 302 of the an ACEC/River Management Plan and Federal Land Policy and Management Environmental Impact Statement for the SUMMARY: In accordance with the Act of 1976 as amended, and the Klamath River project area. For this Federal Land Policy and Management regulations thereunder 43 CFR part 2920 River Management Plan and EIS, the Act and the Federal Advisory for authorization of historic commercial State of Oregon will prepare a chapter Committee Act of 1972 (FACA), a or residential use. Owners of qualified in the EIS document that will be the Department of the Interior, Bureau of improvements may make application management plan for the State scenic Land Management (BLM) Resource and after analysis they may be offered waterway and the scenic river. Advisory Council meeting will be held a 20-year lease to allow continued

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Public land use. They will be required for the future conversion of the Nauset in local and regional print and radio to pay an annual rental based on a fair Knoll Motor Lodge to Government use. media, via the internet, at area libraries, market appraisal. Dated: October 30, 2000. and by direct mailings. Approximately DATES: Interested parties may comment Chrysandra L. Walter, 20 comments were received overall. In addition, the NPS consulted on this action on or before Jan. 5, 2001. Acting Regional Director, Northeast Region. ADDRESSES: Field Office Manager, extensively with experts in the field of [FR Doc. 00–30150 Filed 11–24–00; 8:45 am] vertebrate pest ecology worldwide, Bureau of Land Management, 3170 East BILLING CODE 4310±70±M Main St., Canon City, CO 81212. conservation organizations and universities, and regulatory and FOR FURTHER INFORMATION CONTACT: resource protection agencies including David Hallock, BLM Realty Specialist, at DEPARTMENT OF THE INTERIOR the above address, e-mail the California Coastal Commission, US [email protected], or phone: National Park Service Army Corps of Engineers, US Fish and (719) 269–8536. Wildlife Service, National Marine Final Environmental Impact Statement, Fisheries Service, National Oceanic and SUPPLEMENTARY INFORMATION: Typical Anacapa Island Restoration Plan, Atmospheric Administration, and the qualified parcels are isolated remnants Channel Islands National Park, Ventura Environmental Protection Agency. of Public land resulting from the County, California; Notice of Approval As a result of these collaborations, patenting of mining claims (private of Record of Decision five action alternatives were identified land) that entirely surround the parcel. and compared, and it was further Additionally, the parcel is now SUMMARY: (Pursuant to section 102(2)(C) determined that Alternative 2 overlapped by city lots and the parcel of the National Environmental Policy comprised the ‘‘environmentally was developed prior to the Federal Land Act of 1969 (Pub. L. 91–190, as preferred’’ alternative. Policy and Management Act of 1976 and amended) and the regulations Copies: Interested parties desiring to has been historically and promulgated by the Council on review the Record of Decision may unintentionally used for either Environmental Quality (40 CFR 1505.2), obtain a copy by contacting the commercial or residential purposes. the Department of the Interior, National Superintendent, Channel Islands Park Service has prepared and approved National Park, 1901 Spinnaker Drive, Levi D. Deike, a Record of Decision for the Final Field Office Manager, Royal Gorge Field Ventura, California 93001; or via Environmental Impact telephone request at (805) 658–5700. Office. Statement\Anacapa Island Restoration [FR Doc. 00–30129 Filed 11–24–00; 8:45 am] Plan for Channel Islands National Park. Dated: November 17, 2000. BILLING CODE 4310±JB±P The 30-day no-action period was John J. Reynolds, initiated October 13, 2000, with the U.S. Regional Director, Pacific West Region. Environmental Protection Agency’s [FR Doc. 00–30148 Filed 11–24–00; 8:45 am] DEPARTMENT OF THE INTERIOR Federal Register notification of the BILLING CODE 4310±70±P National Park Service filing of the Final Environmental Impact Statement. Concession Contract Negotiations Decision: The National Park Service DEPARTMENT OF THE INTERIOR (NPS) has determined through field AGENCY: National Park Service. surveys and corroborated with National Park Service ACTION: Public notice. researchers and other agency pest management experts that non-native Lower St. Croix National Scenic SUMMARY: Public notice is hereby given black rats are having a severely Riverway, MN and WI, Environmental that the National Park Service proposes deleterious effect upon unique native Impact Statement to award an extension of an existing plants and animals on Anacapa Island. AGENCIES: National Park Service, concession contract to the current After due consideration the NPS has Minnesota Department of Natural concessioner authorizing the continued determined it is essential to implement Resources, Wisconsin Department of operation of Nauset Knoll Motor Lodge aerial broadcast of the rodenticide Natural Resources. facilities and services for the public at Brodifacoum, multi-year seasonal ACTION: Notice of extension of the no Cape Cod National Seashore, control activities, human safety and Massachusetts for a term of one year action period for the final cooperative health safeguards, monitoring, and other management plan/final environmental from January 1, 2001 through December elements of an island-specific, 31, 2001. impact statement for the Lower St. Croix comprehensive program described as National Scenic Riverway, Minnesota EFFECTIVE DATE: December 27, 2000. ‘‘Alternative 2’’ as soon as practical. and Wisconsin. ADDRESSES: National Park Service, This course of action and five Concession Management Program, alternatives were identified and SUMMARY: Pursuant to section 102(2) of Boston Support Office, 15 State Street, analyzed in the Final and Draft the National Environmental Policy Act Boston, MA 02109–3572, Telephone Environmental Impact Statements of 1969, the National Park Service, (617) 223–5209. (former issued October 13, 2000, latter Minnesota Department of Natural SUPPLEMENTARY INFORMATION: This issued July 7, 2000). Resources, and Wisconsin Department contract extension is being awarded to Public Review and Consultation: of Natural Resources (collectively, the The Benz Corporation, Orleans, Public scoping leading to preparation of ‘‘managing agencies’’) have prepared a Massachusetts. It is necessary to award the Draft EIS was initiated in November, final cooperative management plan/final the contract extension in order to avoid 1999. A public meeting was conducted environmental impact statement interruption of visitor services. on December 8, 1999. The Draft EIS was (FCMP/FEIS) for the Lower St. Croix This action is issued pursuant to 36 announced on July 7, 2000; the Final National Scenic Riverway. The CFR part 51.23. This is not a request for EIS was announced on October 13, Environmental Protection Agency proposals and no prospectus is being 2000. Meetings and availability of both published a notice of availability for this issued. Park planning documents call EIS documents were widely publicized document in the October 20, 2000

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Federal Register (65 FR 63076). The for addressing issues and achieving comments concerning the future notice stated that the required 30-day no identified management objectives. The direction and development of Ellis action period for the proposal would FCMP/FEIS describes and analyzes the Island South Side. Those persons end on November 20, 2000. environmental impacts of a proposed wishing to obtain additional The managing agencies listed above action and four action alternatives for information should contact the have elected to delay signing a record of the future management direction of the Superintendent, Statue of Liberty NM decision on this project, and to extend riverway. The FCMP/FEIS also and Ellis Island, Liberty Island, New the no action period until January 31, evaluates a preferred management York NY 10004. 2001. No decision will be made about structure and two management structure The Draft DCP/EIS is expected to be the proposal until after this date; the options for the riverway. No action completed and available for public agencies will not undertake actions to alternatives are evaluated for both review and comment in the early implement any portion of this plan until management direction and management summer of 2000. After public and after this date. structure. interagency review of the draft The decision to extend the no action The responsible officials are Mr. document comments will be considered, period was made because (a) the William Schenk, Midwest Regional and a final EIS and record of decision managing agencies and the U.S. Fish Director, National Park Service; Mr. shall be prepared. and Wildlife Service have elected to Allen Garber, Commissioner, Minnesota reinitiate consultation on the project Department of Natural Resources; and Dated: November 15, 2000. pursuant to section 7 of the Endangered Mr. George Meyer, Secretary, Wisconsin Thomas Dyer, Species Act, (b) CD–ROM versions of Department of Natural Resources. Chief of Planning, Northeast Region the document were not available until Development Office. Dated: November 17, 2000. mid-November, possibly precluding [FR Doc. 00–30147 Filed 11–24–00; 8:45 am] William W. Schenk, some persons from reviewing the BILLING CODE 4310±70±P document, and (c) the cover sheet in the Regional Director, Midwest Region. FCMP/FEIS listed an incorrect post [FR Doc. 00–30149 Filed 11–24–00; 8:45 am] office box where comments may be sent. BILLING CODE 4310±70±P DEPARTMENT OF THE INTERIOR The correct address for comments is printed below. National Park Service DEPARTMENT OF THE INTERIOR DATES: The no-action period on this National Register of Historic Places; FEIS will now expire January 31, 2001. National Park Service Notification of Pending Nominations ADDRESSES: Copies of the FCMP/FEIS are available by request by writing the Ellis Island South Side, New York Nominations for the following Superintendent, Lower St. Croix Harbor, New Jersey, Notice of Intent To properties being considered for listing National Scenic Riverway, P.O. Box 708, Prepare an Environmental Impact in the National Register were received St. Croix Falls, WI 54024–0708. Statement and Notice of Public by the National Park Service before Comments also may be sent to this Meetings November 18, 2000. Pursuant to section address. Copies of the FCMP/FEIS also In accordance with the National 60.13 of 36 CFR Part 60 written may be requested by telephone at 715– Environmental Policy Act of 1969 (Pub. comments concerning the significance 483–3284, extension 625 or by e-mail L. 91–109 section 102(c)), the National of these properties under the National from [email protected]. Park Service (NPS) is preparing an Register criteria for evaluation may be The document can be picked-up in Environmental Impact Statement (EIS) forwarded to the National Register, person at the Lower St. Croix National for Ellis Island South Side located in National Park Service, 1849 C St. NW, Scenic Riverway headquarters at 401 upper New York Harbor, within the NC400, Washington, DC 20240. Written Hamilton Street North, St. Croix Falls, State of New Jersey. The purpose of the comments should be submitted by WI. EIS is to assess the environmental December 12, 2000. FOR FURTHER INFORMATION CONTACT: consequences of alternative Carol D. Shull, Superintendent, Lower St. Croix rehabilitation and management Keeper of the National Register. National Scenic Riverway at the address strategies including transportation and telephone listed above. access that will be described in a Arizona SUPPLEMENTARY INFORMATION: The Lower Development Concept Plan (DCP) that Maricopa County St. Croix National Scenic Riverway is a will form the basis for the EIS. Windsor Square Historic District, Roughly narrow corridor that runs for 52 miles The NPS will hold a series of scoping bounded by 7th St., Camelback Rd., Central along the boundary of Minnesota and meetings to provide the public with an St., and Oregon Ave., Phoenix, 00001499 Wisconsin, from St. Croix Falls/Taylors opportunity to provide input into the Falls to the confluence with the planning and assessment process. Colorado Mississippi River at Prescott/Point Meetings will be held at the following Jefferson County Douglas. The National Park Service times and locations: 6–8 P.M., December Rio Grande Southern Railroad Engine No. 20, manages a portion of the upper 27 miles 6, 2000, at the Department of 17155 West 44th Ave., Golden, 00001500 of lands and waters of this corridor. The Environmental Protection Meeting Connecticut states of Minnesota and Wisconsin Room (1st Floor), Main DEP Building, administer the lower 25 miles. The 401 East State Street, Trenton, NJ; 11 Hartford County states and the federal government A.M–1 P.M., December 7, 2000, 3rd Canty, Marietta, House, 61 Mahl Ave., jointly conduct planning for the Floor Conference Room, Ellis Island Hartford, 00001536 riverway. Main Building; and 6–8 P.M., December Florida The purpose of the cooperative 7, 2000, Conference Room 2, Bowling management plan is to set forth the Green Custom House, Manhattan, NY. Escambia County basic management philosophy for the The purpose of these meetings will be James House, 1606 N. Martin Luther King riverway and to provide the strategies to obtain both written and verbal Blvd., Pensacola, 00001501

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Leon County Missoula County DEPARTMENT OF THE INTERIOR Chaires Community Historic District, University Area Historic District, Roughly Roughly along Chaires Cross Rd., Road to bounded by S 4th East St., Beckwith Ave., Bureau of Reclamation the Lake, and Hancock St., Chaires, Arthur Ave., and Higgins Ave., Missoula, Glen Canyon Adaptive Management 00001502 00001523 Work Group (AMWG) and Glen Maryland New Jersey Canyon; Technical Work Group (TWG) Howard County Burlington County AGENCY: Bureau of Reclamation, Montrose, 13370 Brighton Dam Rd., Budd, J.F., Baby Shoe Factory, 231 Penn Interior. Clarksville, 00001506 Ave., Burlington City, 00001525 ACTION: Notice of public meetings. Prince George’s County Essex County Chapel of the Incarnation, 14070 Brandywine SUMMARY: The Adaptive Management Rd., Brandywine, 00001505 Ahavas Sholom, 145 Broadway, Newark, Program (AMP) was implemented as a St. Thomas’ Church, 14300 St. Thomas 00001530 result of the Record of Decision on the Church Rd., Upper Marlboro, 00001504 New York Operation of Glen Canyon Dam Final Queen Anne’s County Environmental Impact Statement and to Delaware County comply with consultation requirements Collins, Jackson, House, 201 S. Commerce of the Grand Canyon Protection Act St., Centreville, 00001503 Bristol, Amos, Tavern, Cty Rte. 14, West Meredith, 00001526 (Pub. L. 102–575) of 1992. The AMP Minnesota provides an organization and process to Essex County Carver County ensure the use of scientific information Keene Valley Library, Main St., Keene Valley, in decision making concerning Glen Heck, Albertine and Fred, House, 8941 00001528 Canyon Dam operations and protection Audobon Rd., Chanhassen, 00001508 Orange County of the affected resources consistent with Nicollet County the Grand Canyon Protection Act. The Tuxedo Park Railroad Station, NY 17, Montgomery, Sarah and Thomas, House, 408 AMP has been organized and includes Washington Ave. S, St. Peter, 00001509 Tuxedo, 00001529 a federal advisory committee (the Schumacher, Emily and Stephen, House, 202 Washington County AMWG), a technical work group (the 3rd St. N, St. Peter, 00001507 Fort Edward D&H Train Station, East and TWG), a monitoring and research center, Mississippi Wing Sts., Fort Edward, 00001527 and independent review panels. The TWG is a subcommittee of the AMWG Warren County South Carolina and provides technical advice and Waterways Experiment Station, Roughly Bamberg County information for the AMWG to act upon. bounded by Spillway, Durden Creek, DATES AND LOCATION: The AMWG will Tennessee Rd., and Dam Spillway, Mizpah Methodist Church, Jct. of U.S. 301 conduct one public meeting as follows: Vicksburg, 00001511 and S–5–31, Olar, 00001531 Missouri Texas Phoenix, Arizona—January 11–12, 2001 The meeting will begin at 9:30 a.m. Cole County Dallas County and conclude at 4 p.m. on the first day Lincoln University Hilltop Campus Historic Medical Dental Building, (Oak Ridge MPS) and begin at 8 a.m. and conclude at 12 District (Boundary Increase I), 820 300 Blk. of West Jefferson Blvd., Dallas, Chestnut St., Jefferson City, 00001513 noon on the second day. The meeting 00001537 will be held at the Bureau of Indian St. Louis Independent City Falls County Affairs—Western Regional Office, 2 Carr School, (St. Louis Public Schools of Arizona Center, Conference Rooms A Falls County Courthouse, 1 Courthouse Sq, William Bittner MPS AD) 1419 Carr St., St. and B (12th Floor), 400 North 5th Street, Marlin, 00001532 Louis (Independent City), 00001512 Phoenix, Arizona. Montana Wisconsin Agenda: The purpose of the meeting will be to discuss the following: La Crosse County Deer Lodge County management objectives, basin Anaconda Street Railway Barn, (Anaconda 10th and Cass Streets Neighborhood Historic hydrology, FY 2002 budget, MPS) 922 West Third, Anaconda, District, Roughly bounded by Main St., S. development of the AMP Strategic Plan, 00001515 11th St., Cameron Ave., and S 8th St., La environmental compliance, Fish and Branscombe Automobile Machine Shop, Crosse, 00001534 Wildlife Service recovery goals, and (Anaconda MPS) 125 West Commercial, other administrative and resource issues Anaconda, 00001522 Polk County pertaining to the AMP. Collins, James V., House, (Anaconda MPS) Minneapolis, St. Paul and Sault Saint Marie 422 West Third St., Anaconda, 00001521 Railway Depot, 114 Depot Rd., Osceola, DATES AND LOCATION: The Glen Canyon Glover Cabin, (Anaconda MPS) Washoe Park, 00001535 Technical Work Group will conduct the Anaconda, 00001524 Osceola Commercial Historic District, following public meetings: Granite Apartments, (Anaconda MPS) 214 E. Roughly along Cascade St., from First Ave. Third St., Anaconda, 00001517 Phoenix, Arizona—December 7–8, 2000 to Third Ave., Osceola, 00001533 Lorraine Apartments, (Anaconda MPS) 218 [FR Doc. 00–30151 Filed 11–24–00; 8:45 am] The meeting will begin at 8 a.m. and East Third, Anaconda, 00001520 conclude at 6 p.m. the first day. Mitchell, Willard E., Stadium, (Anaconda BILLING CODE 4310±70±P Location of the meeting will be at the MPS) 1100 Blk of W. Fifth St., Anaconda, 00001518 Arizona Department of Water Resources, New Brunswick House, The, (Anaconda 500 N. Third Street, Phoenix, Arizona, MPS) 325 East Front, Anaconda, 00001514 Conference Room A. The meeting on the Sheehan Boardinghouse, (Anaconda MPS) second day will begin at 8 a.m. and 412 E. Third St., Anaconda, 00001519 conclude at noon and will be held at the

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Bureau of Indian Affairs—Western DEPARTMENT OF THE INTERIOR public comments will accompany Regional Office, 2 Arizona Center, OSM’s submissions of the information Conference Rooms A and B (12th Floor), Office of Surface Mining Reclamation collection requests to OMB. 400 North 5th Street, Phoenix, Arizona. and Enforcement The following information is provided Agenda: The purpose of the meeting for the information collection: (1) Title Notice of Proposed Information of the information collection; (2) OMB will be small group presentations and to Collection control number; (3) summary of the identify major issues for the AMWG to information collection activity; (4) the address in January, including an update AGENCY: Office of Surface Mining Bureau form number; and (5) frequency on the Science Advisory Board, Protocol Reclamation and Enforcement. of collection, description of the Evaluation Panel process, and ACTION: Notice and request for respondents, estimated total annual comments. preliminary results of the Low Steady responses, and the total annual Summer Flow. SUMMARY: In compliance with the reporting and recordkeeping burden for Phoenix, Arizona—January 10, 2000 Paperwork Reduction Act of 1995, the the collection of information. Office of Surface Mining Reclamation Title: Reclamation on Private Lands, The meeting will begin at 9:30 a.m. and Enforcement (OSM) is announcing 30 CFR 882. and conclude at 4 p.m. Location of the its intention to request approval for the OMB Control Number: 1029–0057. meeting will be at the Bureau of Indian collections of information under 30 CFR Summary: Public Law 95–87 Affairs—Western Regional Office, 2 part 882, Reclamation of private lands; authorizes Federal, State, and Tribal Arizona Center, Conference Rooms A and Form OSM–76, Abandoned Mine governments to reclaim private lands and B (12th Floor), 400 North 5th Street, Land Problem Area Description form. and allows for the establishment of Phoenix, Arizona. DATES: Comments on the proposed procedures for the recovery of the cost Agenda: The purpose of the meeting information collection must be received of reclamation activities on privately will be to discuss the following: Low by January 26, 2001, to be assured of owned lands. These procedures are Steady Summer Flows Report, consideration. intended to ensure that governments Experimental Flows Ad Hoc Committee have sufficient capability to file liens so ADDRESSES: Comments may be mailed to report, discussion of Strategic Plan Ad that certain landowners will not receive John A. Trelease, Office of Surface a windfall from reclamation. Hoc Committee work, and other Mining Reclamation and Enforcement, administrative and resource issues Bureau Form Number: None. 1951 Constitution Ave., NW., Room Frequency of Collection: Once. pertaining to the AMP. 210–SIB, Washington, DC 20240. Description of Respondents: State Agenda items may be revised prior to Comments may also be submitted governments and Indian tribes. any of the meetings. Final agendas will electronically to [email protected]. Total Annual Responses: 1. be posted 15 days in advance of each FOR FURTHER INFORMATION CONTACT: To Total Annual Burden Hours: 16. meeting and can be found on the Bureau request a copy of either information Title: Abandoned Mine Land Problem of Reclamation’s website under collection request, explanatory Area Description Form, OSM–76. Environmental Programs at: http:// information and related forms, contact OMB Control Number: 1029–0087. www.uc.usbr.gov. Time will be allowed John A. Trelease, at (202) 208–2783. Summary: This form will be used to on each agenda for any individual or SUPPLEMENTARY INFORMATION: The Office update the Office of Surface Mining organization wishing to make formal of Management and Budget (OMB) Reclamation and Enforcement’s oral comments (limited to 10 minutes) regulations at 5 CFR 1320, which inventory of abandoned mine lands. at the meetings. implement provisions of the Paperwork From this inventory, the most serious To allow full consideration of Reduction Act of 1995 (Pub. L. 104–13), problem areas are selected for information by the TWG and AMWG require that interested members of the reclamation through the apportionment members, written notice must be public and affected agencies have an of funds to States and Indian tribes. provided to Randall Peterson, Bureau of opportunity to comment on information Bureau Form Number: OSM–76. Frequency of Collection: On occasion. Reclamation, Upper Colorado Regional collection and recordkeeping activities Description of Respondents: State Office, 125 South State Street, Room [see 5 CFR 1320.8(d)]. This notice identifies information collections that governments and Indian tribes. 6107, Salt Lake City, Utah 84138–1102; Total Annual Responses: 1,800. OSM will be submitting to OMB for telephone (801) 524–3758; faxogram Total Annual Burden Hours: 4,000. (801) 524–3858; E-mail at: approval. These collections are [email protected] at least five (5) contained in (1) 30 CFR Part 882, Dated: November 21, 2000. days prior to the meeting. Any written Reclamation on private lands; and (2) Richard G. Bryson, comments received will be provided to Form OSM–76, Abandoned Mine Land Chief, Division of Regulatory Support. the TWG and AMWG members at the Problem Area Description form. OSM [FR Doc. 00–30153 Filed 11–24–00; 8:45 am] meetings. will request a 3-year term of approval BILLING CODE 4310±05±M for each information collection activity. FOR FURTHER INFORMATION CONTACT: Comments are invited on: (1) The Randall Peterson, telephone (801) 524– need for the collection of information INTERNATIONAL TRADE 3758; faxogram (801) 524–3858; for the performance of the functions of COMMISSION [email protected]. the agency; (2) the accuracy of the agency’s burden estimates; (3) ways to Dated: November 21, 2000. Sunshine Act Meeting enhance the quality, utility and clarity Larry Todd, of the information collection; and (4) TIME AND DATE: December 1, 2000 at Acting Commissioner, Bureau of ways to minimize the information 11:00 a.m. Reclamation. collection burden on respondents, such PLACE: Room 101, 500 E Street S.W., [FR Doc. 00–30104 Filed 11–24–00; 8:45 am] as use of automated means of collection Washington, DC 20436, Telephone: BILLING CODE 4310±MN±P of the information. A summary of the (202) 205–2000.

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STATUS: Open to the public. final common rule will be codified at 28 assistance to State and local MATTERS TO BE CONSIDERED: CFR Part 54. governments for improvement of 1. Agenda for future meeting: none SUPPLEMENTARY INFORMATION: Title IX correctional systems; training of law 2. Minutes prohibits recipients of federal financial enforcement personnel, and assistance 3. Ratification List assistance from discriminating on the to legal services programs (18 U.S.C. 4. Inv. Nos. 701–TA–403 and 731– basis of sex in educational programs or 4042). TA–895–897 (Preliminary)(Pure activities. Specifically, the statute states 3. Assistance provided by the Magnesium from China, Israel, and that ‘‘[n]o person in the United States National Institute of Corrections (NIC) Russia)—briefing and vote. (The shall, on the basis of sex, be excluded including training, grants, and technical Commission is currently scheduled to from participation in, be denied the assistance to State and local transmit its determination to the benefits of, or be subjected to governments, public and private Secretary of Commerce on December 1, discrimination under any education agencies, educational institutions, 2000; Commissioners’ opinions are program or activity receiving Federal organizations and individuals, in the currently scheduled to be transmitted to financial assistance,’’ with specific area of corrections (18 U.S.C. 4351– the Secretary of Commerce on December exceptions for various entities, 4353). 8, 2000.) programs, and activities. 20 U.S.C. 4. Assistance provided by the Drug 5. Outstanding action jackets: none 1681(a). Title IX and the Title IX Enforcement Administration (DEA) In accordance with Commission common rule prohibit discrimination on including training, joint task forces, policy, subject matter listed above, not the basis of sex in the operation of, and information sharing agreements, disposed of at the scheduled meeting, the provision or denial of benefits by, cooperative agreements, and logistical may be carried over to the agenda of the education programs or activities support, primarily to State and local following meeting. conducted not only by educational government agencies (21 U.S.C. 871– institutions but by other entities as well, 890). Issued: November 22, 2000. including, for example, law enforcement 5. Assistance provided by the By order of the Commission. agencies, departments of corrections, Community Relations Service (CRS) in Donna R. Koehnke, and for profit and nonprofit the form of discretionary grants to Secretary. organizations. public and private agencies under the [FR Doc. 00–30234 Filed 11–22–00; 11:17 Cuban-Haitian Entrant Program (title V am] List of Federal Financial Assistance of the Refugee Education Assistance Act Administered by the Department of BILLING CODE 7020±02±U of 1980, Public Law 96–422). Justice to Which Title IX Applies 6. Assistance provided by the Federal Note: All recipients of federal financial Bureau of Investigation (FBI) including DEPARTMENT OF JUSTICE assistance from DOJ are subject to Title IX, field training, training through its but Title IX’s anti-discrimination National Academy, National Crime Nondiscrimination on the Basis of Sex prohibitions are limited to the educational Information Center, and laboratory in Education Programs or Activities components of the recipient’s program or facilities, primarily to State and local Receiving Federal Financial activity, if any. criminal justice agencies (Omnibus Assistance Failure to list a type of federal Crime Control and Safe Streets Act of assistance below shall not mean, if Title 1968, as amended, 42 U.S.C. 3711– AGENCY: Department of Justice (‘‘DOJ’’). IX is otherwise applicable, that a 3796). ACTION: Notice of Department of Justice program or activity is not covered by 7. Assistance provided by the Financial Assistance Subject to Title IX Title IX. Immigration and Naturalization Service of the Education Amendments of 1972, The following types of federal (INS) including training and services as amended. financial assistance were derived from primarily to State and local Appendix A of DOJ’s Title VI governments under the Alien Status SUMMARY: In accordance with Subpart F regulations, 28 CFR 42 Subpart C. Verification Index (ASVI); and of the final common rule for the 1. Assistance provided by the Office citizenship textbooks and training enforcement of Title IX of the Education of Justice Programs (OJP), the Bureau of primarily to schools and public and Amendments of 1972, as amended Justice Assistance (BJA), the National private service agencies (8 U.S.C. 1360, (‘‘Title IX’’), this notice lists federal Institute of Justice (NIJ), the Bureau of 8 U.S.C. 1457). financial assistance administered by the Justice Statistics (BJS), and the Office of 8. Assistance provided by the United U.S. DOJ that is covered by Title IX. Juvenile Justice and Delinquency States Marshals Service through its Title IX prohibits recipients of federal Prevention (OJJDP), including block, Cooperative Agreement Program for financial assistance from discriminating formula, and discretionary grants, improvement of State and local on the basis of sex in education victim compensation payments, and correctional facilities (20 U.S.C. 524 programs or activities. Subpart F of the victim assistance grants (title I of the note). Title IX common rule requires each Omnibus Crime Control and Safe Streets 9. Assistance provided by the federal agency that awards federal Act of 1968, 42 U.S.C. 3711–3796, as Attorney General through the Equitable financial assistance to publish in the amended (Public Law 90–351, as added Transfer of Forfeited Property Program Federal Register a notice of the federal Public Law 98–473); the Juvenile Justice (Equitable Sharing) primarily to State financial assistance covered by the Title and Delinquency Prevention Act of and local law enforcement agencies (21 IX regulations within sixty (60) days 1974, 42 U.S.C. 5601–5785, as amended U.S.C. 881(e)). after the effective date of the final (Public Law 93–415, as amended by 10. Assistance provided by the common rule. The final common rule Public Law 96–509, Public Law 98–473, Department of Justice participating for the enforcement of Title IX was and Public Law 102–586); the Victims of agencies that conduct specialized published in the Federal Register by Crime Act of 1984, 42 U.S.C. 10601– training through the National Center for twenty-one (21) federal agencies, 10608 (Public Law 98–473)). State and Local Law Enforcement including DOJ, on August 30, 2000 (65 2. Assistance provided by the Bureau Training, a component of the Federal FR 52857–52895). DOJ’s portion of the of Prisons (BOP) including technical Law Enforcement Training Center

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(FLETC), Glenco, Georgia (Pursuant to Law Enforcement Assistance—FBI Field Violence Against Women Formula Grants Memorandum Agreement with the Police Training (FBI) (OJP) Department of Treasury). Law Enforcement Assistance—FBI Rural Domestic Violence and Child Fingerprint Identification (FBI) In addition to the above, further Victimization Enforcement Grant Law Enforcement Assistance—National Program (OJP) information on DOJ federal financial Crime Information Center (FBI) assistance can be found by consulting Law Enforcement Assistance—Uniform Grants to Encourage Arrest Policies (OJP) the Catalog of Domestic Financial Crime Reports (FBI) Local Law Enforcement Block Grants Program (BJA) Assistance (CFDA) at http:// Combined DNA Index System (FBI) Residential Substance Abuse Treatment for www.cfda.gov. If using the Internet site, Law Enforcement Assistance—National Instant Criminal Background Check State Prisoners (CPO) please select ‘‘Search the Catalog,’’ System (FBI) Executive Office for Weed and Seed (DOJ) select ‘‘Browse the Catalog—By Citizenship Education and Training (INS) Correctional Grant Program for Indian Agency,’’ and then click on ‘‘The Juvenile Accountability Incentive Block Tribes (OJP) Grants (OJJDP) Department of Justice.’’ Catalog Motor Vehicle Theft Protection Act information is also available by calling, Domestic Violence Victims’ Civil Legal Assistance Program (OJP) Program (BJA) toll free, 1–800–699–8331 or by writing State Identification Systems Grant Program to: Federal Domestic Assistance Catalog Grants to Combat Violent Crimes Against Women on Campuses (OJP) (BJA) Staff (MVS), General Services Juvenile Justice and Delinquency Corrections—Training and Staff Administration, Reporters Building, Prevention—Allocation to States (OJJDP) Development (DOJ) Room 101, 300 7th Street, SW, Juvenile Justice and Delinquency Corrections—Research and Evaluation and Washington, DC 20407. Prevention—Special Emphasis (OJJDP) Policy Formulation (DOJ) The following is a partial list of National Institute for Juvenile Justice and Corrections—Technical Assistance/ Delinquency Prevention (OJJDP) Clearinghouse (DOJ) federal financial assistance Missing Children’s Assistance (OJJDP) administered by DOJ as derived from Gang-Free Schools and Communities— State Criminal Alien Assistance Program the CFDA. For further information on Community-Based Gang Intervention (BJA) any of these types of federal financial (OJJDP) Bulletproof Vest Partnership Program (BJA) assistance, please consult the CFDA. Victims of Child Abuse (OJJDP) Tribal Court Assistance Program (BJA) Abbreviations following each type of Title V—Delinquency Prevention Program Planning, Implementing, and Enhancing federal financial assistance indicate (OJJDP) Strategies in Community Prosecution which Justice Department component Part E—State Challenge Activities (OJJDP) (BJA) State Justice Statistics Program for Regional Information Sharing Systems administers the relevant federal Statistical Analysis Centers (BJS) (BJA) financial assistance, and are as follows: National Criminal History Improvement DEA—Drug Enforcement Program (NCHIP) (BJS) Closed-Circuit Televising of Child Victims Administration; OJP—Office of Justice National Institute of Justice Research, of Abuse (BJA) Programs; CRS—Community Relations Evaluation, and Development Project National White Collar Crime Center (BJA) Services; INS—Immigration and Grants (NIJ) Scams Targeting the Elderly (BJA) Naturalization Service; FBI—Federal National Institute of Justice Visiting State and Local Anti-Terrorism Training Bureau of Investigation; OJJDP—Office Fellowships (NIJ) (BJA) Criminal Justice Research and Public Safety Officers’ Educational of Juvenile Justice and Delinquency Development—Graduate Research Prevention; BJS—Bureau of Justice Assistance (BJA) Fellowships (NIJ) Public Safety Partnership and Community Statistics; NIJ—National Institute of Corrections and Law Enforcement Family Policing Grants (DOJ) Justice; BJA—Bureau of Justice Support (NIJ) Assistance; CPO—Corrections Program National Institute of Justice Crime Troops to COPS (DOJ) Office. Laboratory Improvement Program (NIJ) Police Corps (OJP) National Institute of Justice Domestic Anti- Juvenile Mentoring Program (OJJDP) Law Enforcement Assistance—Narcotics Terrorism Technology Development Enforcing Underage Drinking Laws and Dangerous Drugs—Laboratory Program (NIJ) Program (OJJDP) Analysis (DEA) National Institute of Justice W.E.B. DuBois Drug Prevention Program (OJJDP) Law Enforcement Assistance—Narcotics Fellowship Program (NIJ) Drug-Free Communities Support Program and Dangerous Drugs Technical Public Safety Officers’ Benefits Program Laboratory Publications (DEA) Grants (OJJDP) (BJA) Reduction and Prevention of Children’s Law Enforcement Assistance—Narcotics Crime Victim Assistance (OJP) Exposure to Violence (OJJDP) and Dangerous Drugs Training (DEA) Crime Victim Compensation (OJP) Public Education on Drug Abuse— Emergency Federal Law Enforcement Tribal Youth Program (OJJDP) Information (DEA) Assistance (BJA) National Evaluation of the Safe Schools/ County and Municipal Agency Domestic Federal Surplus Property Transfer Program Healthy Students Initiative (OJJDP) Preparedness Equipment Support (BJA) National Incident Based Reporting System Program (OJP) Byrne Formula Grant Program (BJA) (BJS) State Domestic Preparedness Equipment Edward Byrne Memorial State and Local (Authority: 20 U.S.C. 1681–1688) Support Program (OJP) Law Enforcement Assistance Americans With Disabilities Act Technical Discretionary Grants Program (BJA) Dated: November 18, 2000. Assistance Program (DOJ) Crime Victim Assistance/Discretionary Bill Lann Lee, Education and Enforcement of the Grants (OJP) Assistant Attorney General, U.S. Department Antidiscrimination Provision of the Children’s Justice Act Partnerships for of Justice. Immigration and Nationality Act (DOJ) Indian Communities (OJP) Community Relations Service (CRS) Drug Court Discretionary Grant Program [FR Doc. 00–30046 Filed 11–24–00; 8:45 am] Cuban and Haitian Entrant Resettlement (OJP) BILLING CODE 4410±13±P Program (INS) Violent Offender Incarceration and Truth Law Enforcement Assistance—FBI in Sentencing Incentive Grants (CPO) Advanced Police Training (FBI) Violence Against Women Discretionary Law Enforcement Assistance—FBI Crime Grants for Indian Tribal Governments Laboratory Support (FBI) (OJP)

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DEPARTMENT OF JUSTICE until January 26, 2001. During the 60- (6) An estimate of the total public day regular review, ALL comments and burden (in hours) associated with the Immigration and Naturalization Service suggestions, or questions regarding collection: 64,046 annual burden hours. additional information, to include If additional information is required Agency Information Collection obtaining a copy of the information Activities; Comment Request contract: Mr. Robert B. Briggs, Clearance collection instrument with instructions, Officer, United States Department of should be directed to Mr. Richard A. ACTION: Request OMB Emergency Justice, Information Management and Sloan, 202–514–3291, Director, Policy Approval; H–1B Data Collection and Security Staff, Justice Management Directives and Instructions Branch, Filing Fee Exemption Division, Suite 850, Washington Center, Immigration and Naturalization Service, 1001 G Street, NW., Washington, DC U.S. Department of Justice, Room 4034, The Department of Justice, 20530. Immigration and Naturalization Service 425 I Street, NW., Washington, DC (INS) has submitted an emergency 20536. Written comments and Dated: November 20, 2000. information collection request (ICR) suggestions from the public and affected Richard A. Sloan, utilizing emergency review procedures agencies concerning the proposed Department Clearance Officer, United States to the Office of Management and Budget collection of information should address Department of Justice, Immigration and (OMB) for review and clearance in one or more of the following four points; Naturalization Service. accordance with section 1320.13(a)1(ii) (1) Evaluate whether the proposed [FR Doc. 00–30081 Filed 11–24–00; 8:45 am] and (a)(2)(iii) of the Paperwork collection of information is necessary BILLING CODE 4410±10±M Reduction Act of 1995. The INS has for the proper performance of the determined that it cannot reasonably functions of the agency, including comply with the normal clearance whether the information will have procedures under this part because practical utility; LEGAL SERVICES CORPORATION normal clearance procedures are (2) Evaluate the accuracy of the reasonably likely to prevent or disrupt agencies estimate of the burden of the Sunshine Act Meeting of the Board of the collection of information. INS is proposed collection of information, Directors requesting emergency review from OMB including the validity of the of this information collection to ensure methodology and assumptions used; TIME AND DATE: The Board of Directors compliance with Public Law 106–311 (3) Enhance the quality, utility, and of the Legal Services Corporation will and Public Law 106–313 (the American clarity of the information to be meet on November 28, 2000 via Competitiveness in the Twenty-first collected; and conference call. The meeting will begin Century Act of 2000) enacted October (4) Minimize the burden of the at 3:00 p.m. and continue until 17, 2000. This legislation increased the collection of information on those who conclusion of the Board’s agenda. additional filing fee and added primary are to respond, including through the LOCATION: 750 First Street, NE, 11th and secondary schools and nonprofit use of appropriate automated, Floor, Washington, DC 20002, in Room entities engaging in established electronic, mechanical, or other 11026. curriculum related training to the list of technological collection techniques or entities exempt from paying the other forms of information technology, STATUS OF MEETING: Open. additional filing fee. Emergency review e.g., permitting electronic submission of MATTERS TO BE CONSIDERED: and approval of this ICR ensures that responses. 1. Approval of the agenda. the collection instrument is in place by Overview of this information the December 17, 2000 effective date. collection: 2. Consider and act on the Board of Therefore, OMB approval has been (1) Type of Information Collection: Directors’ Semiannual Report to requested by December 1, 2000. Revised information collection. Congress for the period of April 1, 2000 If granted, the emergency approval is to September 30, 2000. only valid for 180 days. All comments (2) Title of the Form/Collection: H–1B and/or questions pertaining to this Data Collection and Filing Fee 3. Consider and act on other business. pending request for emergency approval Exemption. 4. Public comment. MUST be directed to OMB, Office of (3) Agency form number, if any, and the applicable component of the CONTACT PERSON FOR INFORMATION: Information and Regulatory Affairs, Victor M. Fortuno, Vice President for 725–17th Street, N.W., Suite 10235, Department of Justice sponsoring the Legal Affairs, General Counsel & Washington, DC 20503; Attention: Ms. collection: Form I–129W. Adjudications Corporate Secretary, at (202) 336–8800. Lauren Wittenberg, Department of Division, Immigration and Justice Desk Officer, 202–395–4718. Naturalization Service. SPECIAL NEEDS: Upon request, meeting Comments regarding the emergency (4) Affected public who will be asked notices will be made available in submission of this information or required to respond, as well as a brief alternate formats to accommodate visual collection may also be submitted via abstract: Primary: Business or other for- and hearing impairments. Individuals facsimile to Ms. Wittenberg at 202–395– profit. This addendum to the Form I– who have a disability and need an 6974. 129 will be used by the INS to accommodation to attend the meeting During the first 60 days of this same determine if an H–1B petitioner is may notify Shannon Nicko Adaway, at period, a regular review of this exempt from the additional filing fee of (202) 336–8800. information collection is also being $1,000, as provided by Section 241(c)(9) Dated: November 21, 2000. undertaken. During the regular review of the Immigration and Nationality Act. period, the INS requests written (5) An estimate of the total number of Victor M. Fortuno, comments and suggestions from the respondents and the amount of time Vice President for Legal Affairs, General public and affected agencies concerning estimated for an average respondent to Counsel & Corporate Secretary. this information collection. Comments respond: 128,092 responses at 30 [FR Doc. 00–30190 Filed 11–21–00; 8:45 am] are encouraged and will be accepted minutes (.50 hours) per response. BILLING CODE 7050±01±P

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NATIONAL LABOR RELATIONS consider matters relating to DP&L and ACE would be transferred BOARD administration and enforcement of the collectively and simultaneously. On the price regulation, the budget for year other hand, it was not necessarily Appointments of Individuals To Serve 2001, and the election of officers. assumed that PECO would be a as Members of Performance Review DATES: The meeting will begin at 10:00 subsidiary of Exelon Corporation. PECO Boards a.m. on Wednesday, December 6, 2000. became a subsidiary of Exelon Corporation on October 20, 2000. 5 U.S.C. 4314(c)(4) requires that the ADDRESSES: The meeting will be held at the Centennial Inn, Armenia White According to an application for appointments of individuals to serve as approval dated October 10, 2000, filed members of performance review boards Room, 96 Pleasant Street, Concord, New Hampshire. by PECO on behalf of itself, PSEG be published in the Federal Register. Nuclear LLC, DP&L, and ACE, the FOR FURTHER INFORMATION CONTACT: Therefore, in compliance with this transfer of each of the half-interests of requirement, notice is hereby given that Daniel Smith, Executive Director, DP&L and ACE may not occur at the the individuals whose names and Northeast Dairy Compact Commission, same time; the transfer of the ACE position titles appear below have been 34 Barre Street, Suite 2, Montpelier, VT interests may be delayed until after the appointed to serve as members of 05602. Telephone (802) 229–1941. transfer of the DP&L interests. If the performance review boards in the Authority: 7 U.S.C. 7256. DP&L and ACE interests are not National Labor Relations Board for the Dated: November 20, 2000. transferred simultaneously and rating year beginning October 1, 1999 Daniel Smith, collectively, decommissioning funding and ending September 30, 2000. arrangements would be changed from Executive Director. Name and Title what had been previously approved by [FR Doc. 00–30118 Filed 11–24–00; 8:45 am] the April 21, 2000 order. In particular, Richard L. Ahearn—Regional Director, BILLING CODE 1650±01±P a contractual guarantee by ACE would Region 9 be utilized to provide, in part, Frank V. Battle—Deputy Director of decommissioning funding assurance Administration NUCLEAR REGULATORY with respect to any DP&L transfer Kenneth A. Bolles—Chief Counsel to COMMISSION occurring first. Furthermore, those Board Member [Docket Nos. 50±277 and 50±278] DP&L and ACE interests originally Mary Joyce Carlson—Deputy General proposed and approved to be transferred Counsel PECO Energy Company and PSEG to PECO are now explicitly being Harold J. Datz—Chief Counsel to Board Nuclear LLC et al.; Notice of proposed to be transferred directly from Member Consideration of Approval of Transfer DP&L and ACE, or ultimately and Yvonne T. Dixon—Director, Office of of Facility Operating Licenses and indirectly through PECO, to EGC. Appeals Conforming Amendments, and Although the transfer of PECO’s current Robert A. Giannasi—Chief Opportunity for a Hearing 42.49 percent ownership interest in Administrative Law Judge PBAPS, Units 2 and 3, to EGC has been Lester A. Heltzer—Deputy Executive The U.S. Nuclear Regulatory approved by an order dated August 3, Secretary Commission (the Commission) is 2000, approving certain license John E. Higgins—Solicitor considering the issuance of an order transfers, the transfer of half of the Peter B. Hoffman—Regional Director, under 10 CFR 50.80 approving the current DP&L and ACE ownership Region 34 transfer of Facility Operating License interests to EGC has not been expressly Gloria Joseph—Director of No. DPR–44 for the Peach Bottom approved by the NRC. By the October Administration Atomic Power Station (PBAPS), Unit 2, 10, 2000, application filed, PECO is Barry J. Kearney—Associate General and Facility Operating License No. seeking all NRC approvals that would be Counsel, Advice DPR–56 for PBAPS, Unit 3, to the extent necessary to permit the implementation Richard A. Siegel—Associate General currently held by the Delmarva Power & of any of the foregoing scenarios. PECO Counsel, Operations-Management Light Company (DP&L) and the Atlantic is also requesting that the effectiveness John J. Toner—Executive Secretary City Electric Company (ACE) in of the April 21, 2000 NRC order be Dennis P. Walsh—Chief Counsel to connection with each of their 7.51 extended for one additional year. Board Member percent undivided ownership interests PECO is the licensed operator of Jeffrey D. Wedekind—Acting Chief in each of the two Peach Bottom units. PBAPS, and would continue to be Counsel to the Chairman The transfer would be to PSEG Nuclear responsible for the operation, John J. Toner, LLC, and to either the PECO Energy maintenance, and eventual Executive Secretary. Company (PECO) as a subsidiary of decommissioning of PBAPS until all Exelon Corporation, or to Exelon [FR Doc. 00–30088 Filed 11–24–00; 8:45 am] PECO interests in PBAPS are transferred Generation Company, LLC (EGC) as an to EGC. No physical changes to PBAPS BILLING CODE 7545±01±M indirect subsidiary of Exelon or operational changes are being Corporation, depending on the timing of proposed in the application. the transfers. The Commission is also The proposed conforming NORTHEAST DAIRY COMPACT considering amending the licenses for amendments would remove references COMMISSION administrative purposes to reflect the in the licenses to ACE and DP&L as Notice of Meeting proposed transfer. appropriate to the timing of the requisite The Commission previously issued an license transfers, and reflect the AGENCY: Northeast Dairy Compact order on April 21, 2000, approving the appropriate transferees. Commission. transfer of half of the ownership Pursuant to 10 CFR 50.80, no license, ACTION: Notice of Meeting. interests of DP&L and ACE in PBAPS or any right thereunder, shall be Units 2 and 3 to PSEG Nuclear LLC and transferred, directly or indirectly, SUMMARY: The Compact Commission the other half to PECO. One of the bases through transfer of control of the will hold its regular monthly meeting to of that order was that the interests of license, unless the Commission shall

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices 70741 give its consent in writing. The Requests for a hearing and petitions For the Nuclear Regulatory Commission. Commission will approve an for leave to intervene should be served John P. Boska, application for the transfer of a license, upon counsel for PECO Energy Project Manager, Section 2, Project if the Commission determines that the Company, Paul J. Zaffuts, Esquire, Directorate I, Division of Licensing Project proposed transferee is qualified to hold Morgan, Lewis & Bockius, LLP, 1800 M Management, Office of Nuclear Reactor the license, and that the transfer is Street, NW, Washington, DC 20036– Regulation. otherwise consistent with applicable 5869 (tel: 202–467–7537 and e-mail: [FR Doc. 00–30101 Filed 11–24–00; 8:45 am] provisions of law, regulations, and [email protected]); counsel for PSEG BILLING CODE 7590±01±P orders issued by the Commission Nuclear LLC, David A. Repka, Esquire, pursuant thereto. Winston & Strawn, 1400 L Street, NW, Before issuance of the proposed Washington, DC 20005–3502 (tel: 202– NUCLEAR REGULATORY conforming license amendments, the 371–5726 and e-mail: COMMISSION Commission will have made findings [email protected]); counsel for required by the Atomic Energy Act of Atlantic City Electric Company and Experts' Meeting on Burnup Credit in 1954, as amended (the Act), and the Delmarva Power & Light Company, John Phenomena Identification and Ranking Commission’s regulations. H. O’Neill, Jr., Esquire, and Matias F. Table (PIRT) As provided in 10 CFR 2.1315, unless Travieso-Diaz, Esquire, Shaw Pittman, otherwise determined by the 2300 N. Street, NW, Washington, DC AGENCY: Nuclear Regulatory Commission with regard to a specific 20037–1128 (tel: 202–663–8148 e-mail: Commission. application, the Commission has john.o’[email protected]); the determined that any amendment to the General Counsel, U.S. Nuclear ACTION: Notice of meeting. license of a utilization facility which Regulatory Commission, Washington, does no more than conform the license DC 20555 (e-mail address for filings SUMMARY: The Nuclear Regulatory to reflect the transfer action involves no regarding license transfer cases only: Commission will hold a meeting to significant hazards consideration. No [email protected]); and the Secretary of the develop a Phenomena Identification and contrary determination has been made Commission, U.S. Nuclear Regulatory Ranking Table (PIRT) for allowing with respect to this specific license Commission, Washington, DC 20555– burnup credit in spent fuel shipping amendment application. In light of the 0001, Attention: Rulemakings and casks. PIRTs have been used at NRC generic determination reflected in 10 Adjudications Staff, in accordance with since 1988, and they provide a CFR 2.1315, no public comments with 10 CFR 2.1313. structured way to obtain a technical respect to significant hazards The Commission will issue a notice or understanding that is needed to address considerations are being solicited, order granting or denying a hearing certain issues. About fifteen of the notwithstanding the general comment request or intervention petition, procedures contained in 10 CFR 50.91. world’s best technical experts are designating the issues for any hearing The filing of requests for hearing and participating in this activity, and the petitions for leave to intervene, and that will be held and designating the experts represent a balance between written comments with regard to the Presiding Officer. A notice granting a industry, universities, foreign license transfer application, are hearing will be published in the Federal researchers, and regulatory discussed below. Register and served on the parties to the organizations. The PIRT activity is By December 18, 2000, any person hearing. addressing technical issues related to whose interest may be affected by the As an alternative to requests for burnup credit in the criticality safety Commission’s action on the application hearing and petitions to intervene, by analyses of PWR spent fuel in transport may request a hearing, and, if not the December 27, 2000, persons may submit casks. applicants, may petition for leave to written comments regarding the license intervene in a hearing proceeding on the transfer application, as provided for in DATES: December 12–14, 2000, 8:30 am– Commission’s action. Requests for a 10 CFR 2.1305. The Commission will 5:30 pm. consider and, if appropriate, respond to hearing and petitions for leave to ADDRESSES: Advisory Committee on these comments, but such comments intervene should be filed in accordance Reactor Safeguards (ACRS) Room will not otherwise constitute part of the with the Commission’s rules of practice (T2B3) of the Nuclear Regulatory decisional record. Comments should be set forth in Subpart M, ‘‘Public Commission, 11545 Rockville Pike, submitted to the Secretary, U.S. Nuclear Notification, Availability of Documents Rockville, MD. and Records, Hearing Requests and Regulatory Commission, Washington, Procedures for Hearings on License DC 20555–0001, Attention: Rulemakings SUPPLEMENTARY INFORMATION: The Transfer Applications,’’ of 10 CFR Part and Adjudications Staff, and should cite meeting agenda will be posted on the 2. In particular, such requests and the publication date and page number of NRC Web site at www.nrc.gov/RES/ petitions must comply with the this Federal Register notice. meetings.html by December 5, 2000. The requirements set forth in 10 CFR 2.1306, For further details with respect to this meeting is open to the public. Attendees and should address the considerations action, see the application dated will need to obtain a visitor badge at the contained in 10 CFR 2.1308(a). October 10, 2000, which may be TWFN building lobby, but an escort is Untimely requests and petitions may be examined, and/or copied for a fee, at the not required. denied, as provided in 10 CFR NRC’s Public Document Room, located FOR FURTHER INFORMATION CONTACT: Dr. 2.1308(b), unless good cause for failure at One White Flint North, 11555 to file on time is established. In Rockville Pike (first floor), Rockville, David Ebert, SMSAB, Division of addition, an untimely request or MD, and is accessible electronically Systems Analysis and Regulatory petition should address the factors that through the ADAMS Public Electronic Effectiveness, Office of Nuclear the Commission will also consider, in Reading Room link at the NRC Web site: Regulatory Research, Washington, D.C. reviewing untimely requests or http://www.nrc.gov. 20555–0001, telephone (301) 415–6501. petitions, set forth in 10 CFR Dated at Rockville, Maryland this 20th day Dated at Rockville, Maryland, this 17th day 2.1308(b)(1)–(2). of November 2000. of November, 2000.

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For the Nuclear Regulatory Commission. form. Documents in this category are The NRC staff notes the correct title Farouk Eltawila, limited to Regulatory Guides. for NUREG 1736 is ‘‘Consolidated Acting Director, Division of Systems Analysis ‘‘Implementing Guidance Documents,’’ Guidance : 10 CFR Part 20—Standards and Regulatory Effectiveness Office of or document sections, that are for Protection Against Radiation.’’ This Nuclear Regulatory Research. designated as ‘‘outdated’’ are considered will be corrected once this document is [FR Doc. 00–30103 Filed 11–24–00; 8:45 am] historical and are presently not subject issued in its final form. BILLING CODE 7590±01±P to updating or augmenting. This FOR FURTHER INFORMATION, CONTACT: ‘‘outdated’’ guidance is being Mrs. Carrie Brown, TWFN 9–F–C24, superceded by the guidance contained Division of Industrial and Medical NUCLEAR REGULATORY within NUREG 1736. Documents in this Nuclear Safety, Office of Nuclear COMMISSION category include Health Physics Material Safety and Safeguards, U.S. Positions (HPPOS), Part 20 Questions Nuclear Regulatory Commission, Consolidated Guidance: 10 CFR Part and Answers (Q&As), and Circulars. Washington, D.C. 20555, telephone 20ÐStandards for Protection Against Note that this document is strictly for (301) 415–8092; electronic mail address: Radiation public comment. It is not for use in [email protected]. preparing, reviewing, or implementing AGENCY: U.S. Nuclear Regulatory Electronic Access Commission (NRC). licenses until it is published in its final Draft NUREG–1736 is available ACTION: form. It is being distributed for Notice of availability and electronically by visiting the NRC’s request for comments. comments to encourage public participation in its development. The Home Page (http://www.nrc.gov/nrc/ SUMMARY: The NRC is announcing the NRC staff’s disposition of public nucmat.html). availability of, and requesting comments comments will be documented in Dated at Rockville, Maryland, this 20th day on, draft NUREG–1736, ‘‘Consolidated NUREG 1736 as an appendix once it is of November, 2000. Guidance: 10 CFR Part 20—Standards published in its final form, and will be For the Nuclear Regulatory Commission, for Protection Against Radiation,’’ dated made publicly available electronically Patricia K. Holahan, September 2000. This document, by visiting the NRC’s Home Page (http:/ Chief, Rulemaking and Guidance Branch, consolidates numerous guidance /www.nrc.gov/nrc/nucmat.html). Division of Industrial and Medical Nuclear documents into a single, comprehensive DATES: The comment period ends Safety, NMSS. source. It complements the NUREG– February 26, 2001. Comments received [FR Doc. 00–30102 Filed 11–24–00; 8:45 am] 1556 series, ‘‘Consolidated Guidance after that time will be considered if BILLING CODE 7590±01±P about Materials Licenses.’’ Since Part 20 practicable. applies to all NRC licensees, in varying ADDRESSES: degrees, the applicability of this Submit written comments SECURITIES AND EXCHANGE document extends beyond the materials to: Chief, Rules and Directives Branch, COMMISSION scope of the NUREG–1556 series. This Division of Administrative Services, document is intended for use by Office of Administration, U.S. Nuclear [Release No. 35±27278] Regulatory Commission, Washington, applicants, all licensees, Part 76 Filings Under the Public Utility Holding certificate holders, NRC license D.C. 20555–0001. Hand-deliver comments to 11545 Rockville Pike, Company Act of 1935, as Amended reviewers, inspectors, and other NRC (``Act'') personnel. It combines references to the Rockville, Maryland, between 7:15 a.m. guidance for applicants and licensees and 4:30 p.m. on Federal workdays. November 17, 2000. previously found in various Regulatory Comments may also be submitted Notice is hereby given that the Guides, NUREG reports, Information through the Internet by addressing following filing(s) has/have been made Notices, etc. electronic mail to [email protected]. with the Commission pursuant to Discussion: Each section within Those considering public comment provisions of the Act and rules NUREG 1736 provides the following: may request a free single copy of draft promulgated under the Act. All • A statement of the requirement NUREG–1736, by writing to the U.S. interested persons are referred to the (reflecting revisions published in the Nuclear Regulatory Commission, ATTN: application(s) and/or declaration(s) for Federal Register through October 13, Mrs. Carrie Brown, Mail Stop TWFN 9– complete statements of the proposed 1999); C24, Washington, D.C. 20555–0001. transaction(s) summarized below. The • A discussion of the requirement; Alternatively, submit requests through application(s) and/or declaration(s) and • A statement of the requirement’s the Internet by addressing electronic any amendment(s) is/are available for applicability; mail to [email protected]. A copy of draft public inspection through the • A guidance statement; NUREG–1736, is also available for Commission’s Branch of Public • A list of existing regulatory inspection and/or copying for a fee in Reference. guidance (Regulatory Guides, NUREG the NRC Public Document Room, 2120 Interested persons wishing to reports); L Street, NW. (Lower Level), comment or request a hearing on the • A list of existing implementation Washington, D.C. 20555–0001. application(s) and/or declaration(s) guidance (Information Notices, health The Presidential Memorandum dated should submit their views in writing by physics positions, Part 20 questions and June 1, 1998, entitled, ‘‘Plain Language December 12, 2000, to the Secretary, answers, etc.). in Government Writing,’’ directed that Securities and Exchange Commission, This document also identifies prior the Federal government’s writing be in Washington, D.C. 20549–0609, and guidance, which is now outdated. For plain language. The NRC requests serve a copy on the relevant applicant(s) those ‘‘Existing Regulatory Guidance comments on this licensing guidance and/or declarant(s) at the address(es) Documents’’ that are designated as NUREG specifically with respect to the specified below. Proof of service (by ‘‘outdated,’’ plans will be underway for clarity and effectiveness of the language affidavit or, in the case of an attorney at withdrawal or revision prior to this used. Comments should be sent to the law, by certificate) should be filed with document being published in its final address listed above. the request. Any request for hearing

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices 70743 should identify specifically the issues of the common stock of WICOR, Inc. Corporation (‘‘WPSR’’), a public utility facts or law that are disputed. A person (‘‘WICOR’’), a public utility holding company claiming exemption from who so requests will be notified of any company incorporated under the laws of registration under section 3(a)(1) of the hearing, if ordered, and will receive a the State of Wisconsin, which also is Act by rule 2; Wisconsin Power and copy of any notice or order issued in the exempt from registration under section Light Company (‘‘WP&L’’); South Beloit matter. After December 12, 2000, the 3(a)(1) of the Act by order of the Water, Gas and Electric Company application(s) and/or declaration(s), as Commission.3 WICOR has one wholly (‘‘South Beloit’’), a wholly owned filed or as amended, may be granted owned public utility subsidiary, subsidiary of WP&L with transmission and/or permitted to become effective. Wisconsin Gas Company (‘‘Wisconsin assets in Illinois; Wisconsin Public Gas’’), which is a gas utility company Power Inc. (‘‘WPPI’’), a municipal Wisconsin Energy Corporation, et al. organized under the laws of the State of electric utility company owned by 30 (70–9741) Wisconsin. Wisconsin municipalities; 5 and Wisconsin Energy Corporation Wisconsin Electric generates, Madison Gas and Electric Company (‘‘WEC’’), a holding company exempt transmits, distributes, and sells electric (collectively, ‘‘Member Utilities’’).6 from registration under section 3(a)(1) of energy in southeastern, east central and Other transmission-owning utilities the Act,1 and its wholly owned public northern Wisconsin and in the Upper may, in the future, decide to become utility subsidiary Wisconsin Electric Peninsula of Michigan. As of December members of the Transco. Power Company (‘‘Wisconsin Electric’’), 31, 1999, Wisconsin Electric had Applicants expect that the initial both located at 231 West Michigan approximately 1.0 million electric participants in Transco will contribute Street, P.O. Box 2949, Milwaukee, customers. During 1999, Wisconsin their transmission assets to Transco on Wisconsin 53201 (together, Electric had electric operating revenues or about January 1, 2001 (‘‘Operations ‘‘Applicants’’), have filed an application of $1.69 billion, total operating revenues Date’’). For purposes of establishing (‘‘Application’’) under sections 9(a)(2) of $2.02 billion, and net income of $212 relative shares, the Transmission Assets and 10 of the Act requesting million, after dividends on preferred will be valued at their contribution authorization for a transaction in which: stock. value (‘‘Contribution Value’’), which is (1) Wisconsin Electric and Edison Sault In 1999, the State of Wisconsin defined as original cost less Electric Company (‘‘Edison Sault’’), a enacted legislation (‘‘Transco accumulated depreciation as adjusted wholly owned electric utility subsidiary Legislation’’) that facilitates the on a dollar-for-dollar basis for deferred of WEC, will transfer ownership of and formation of Transco. The Transco taxes, excess deferred taxes and deferred control over their transmission assets Legislation, among other things, investment credits. Applicants expect (‘‘Transmission Assets’’) to American encourages public utility affiliates of that Wisconsin Electric’s and Edison Transmission Company LLC Wisconsin holding companies, Sault’s Contribution Value at December (‘‘Transco’’), a Wisconsin limited including Wisconsin Electric, to transfer 31, 2000 will be approximately $252 liability company, which will be a ownership of their transmission assets million, and their aggregate initial single-purpose transmission company; to Transco by beneficially adjusting the interest in Transco will approximate (2) Wisconsin Electric and Edison Sault calculation of an existing limit on the 50.8%. Applicants further state that this will receive member units of the amount of unregulated investments percentage may fluctuate based on Transco in proportion to the value of the these holding companies and their various factors, including the number of Transmission Assets; (3) Wisconsin affiliates can make, after the transfer of participants in Transco. Electric will purchase Class A shares of their transmission assets to Transco. The Transmission Assets proposed to ATC Management Inc. (‘‘Corporate Transco will be managed by the be transferred include: (1) Transmission Manager’’), a Wisconsin corporation, in Corporate Manager, which will also own lines and transmission substations; (2) proportion to the value of the a portion of Transco’s membership transformers providing transformation Transmission Assets; and (4) Wisconsin units. All Transco participants will within the bulk transmission system Electric will purchase one Class B share ultimately own a direct or indirect and between the bulk and area of the Corporate Manager. In addition, interest in Transco and the Corporate transmission systems; (3) lines WEC requests an order from the Manager in proportion to the value of connecting to generation sources and Commission affirming its continued the transmission assets each participant step-up substations; (4) radial taps from section 3(a)(1) exemption from contributes to Transco.4 Transco is the transmission system up to, but not registration under the Act. expected to transfer operational control including, the facilities that establish WEC owns directly all of the common of its assets to the Midwest Independent the final connection to distribution stock of two public utility companies: System Operator, Inc. by November 1, Wisconsin Electric, a combination 2001. 5 WPPI, and any other transmission-dependent electric and gas utility company, and Applicants expect that the firms tax-exempt entity that participates in Transco, will Edison Sault, an electric utility taking interests in Transco and the not be contributing transmission assets to Transco. Applicants state that, because the participation of 2 Corporate Manager will include, in company. In addition, WEC owns all of these entities will reduce the transmission revenue addition to Wisconsin Electric and otherwise received by Transco, these entities will 1 The Commission granted WEC an exemption Edison Sault: Wisconsin Public Service purchase their interests for a price that is designed under section 3(a)(1) of the Act by order dated April Corporation (‘‘WPSC’’), a wholly-owned to keep the other participants in Transco whole. 10, 2000. See Holding Co. Act Release No. 27163. subsidiary of WPS Resources 6 WPSR and WPSC filed a separate application 2 Applicants state that Edison Sault currently is under the Act seeking approval of WPSC’s proposed not an ‘‘affiliate’’ of any public utility company for participation in Transco on October 12, 2000 (SEC purposes of section 9(a)(2) of the Act. Under section Edison Sault will not become such an ‘‘affiliate’’ File No. 70–9767). WPSC’s and WPSR’s filing is 9(a)(2), any person seeking to acquire, directly or until after its acquisition of Transco’s member being noticed contemporaneously with this notice. indirectly, any security of any public utility units, its proposed transaction is not subject to In addition, Alliant Energy Corporation, WP&L, company must apply to the Commission for approval under section 9(a)(2). South Beloit, Transco and Corporate Manager filed approval ‘‘if such person is an affiliate, under 3 See note 1, supra. a separate application-declaration under the Act clause (A) of paragraph (11) of subsection (a) of 4 Edison Sault and another participant in Transco, seeking approval of WP&L’s proposed participation section 2, of such company and of any other public South Beloit Water, Gas and Electric Company are in Transco, certain intrasystem transactions, and utility or holding company, or will by virtue of such not expected to receive shares in the Corporate various financing transactions (SEC File No. 70– acquisition become such an affiliate’’. Because Manager. 9735).

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70744 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices facilities or retail customers; (5) shares of ATC Management Inc., a Transco. Manager will manage Transco substations that provide primarily a Wisconsin corporation created a manage and will also hold a portion of Transco’s transmission function; and (6) voltage Transco (‘‘Manager’’); (3) WPSC to membership interests. All Transco control devices and power flow control purchase one Class B Share of Manager; participants will ultimately own direct devices directly connected to the and (4) WPSC to acquire all of WPSC– or indirect interests in Transco and transmission system. Applicants expect NEWCO’s membership interests in Manager in proportion to the value of that, as of December 31, 2000, the exchange for cash. 10 the transmission assets and/or cash each original cost of the Transmission Assets WPSR’s public-utility subsidiaries participant contributes to Transco. of Wisconsin Electric and Edison Sault are: WPSC; Upper Peninsula Power Transco is expected to transfer will be approximately $442.9 million Company; and Wisconsin River Power operational control of its assets to the and $41 million, respectively. The net Company. WPSC is engaged principally Midwest Independent System Operator, book value 7 of the Transmission Assets in the generation, purchase, distribution Inc. by November 1, 2001. of Wisconsin Electric and Edison Sault and sale of electric power in It is expected that the participation in at December 31, 2000 is expected to be northeastern and central Wisconsin and Transco and Manager will include in approximately $223.8 million and $31.4 in a portion of the Upper Peninsula of addition to WPSR and WPSC: million, respectively. Michigan. WPSC also is engaged in the Wisconsin Power and Light Company Applicants state that the purchase, distribution and sale of (‘‘WP&L’’); South Beloit Water, Gas and transmission-owning Member Utilities natural gas in northeastern and central Electric Company (‘‘South Beloit’’) a and Transco expect to enter into various Wisconsin and in a portion of the Upper wholly owned subsidiary of WP&L with agreements (‘‘Agreements’’) under Peninsula of Michigan. As of December transmission assets in Illinois; which the Member Utilities will provide 31, 1999, WPSC provided retail electric Wisconsin Energy Corporation (‘‘WEC’’), Transco with operations and service to approximately 388,000 an exempt holding company; Wisconsin maintenance services, control area customers and retail gas service to Electric Power Co. (‘‘Wisconsin operations, and other services. Any approximately 230,000 customers. Electric’’), a wholly owned subsidiary of services provided or received by WPSC provides wholesale electric WEC; and Edison Sault Electric Applicants under any of these service to various customers including Company (‘‘ESE’’), a wholly owned Agreements will be provided at cost, municipal utilities, rural subsidiary of WEC with transmission 11 unless authorized or directed by cooperatives, energy marketers, other assets in Michigan; Wisconsin Public appropriate governmental or regulatory investor owned utilities and a Power, Inc. (‘‘WPPI’’), a municipal authority in accordance with rules 90 municipal joint action agency. At and electric company owned by 30 12 and 91 under the Act. for the twelve months ended September Wisconsin municipalities; and 30, 2000, WPSR’s consolidated assets, Madison Gas & Electric Company WPS Resources Corporation, et al. (70– 13 operating revenue and net income were (collectively, ‘‘Member Utilities’’’). 9767) $2,188,504, $1,528,310, and $66,407 Other transmission-owning utilities WPS Resources Corporation respectively. At and for the twelve may, in the future, decide to become (‘‘WPSR’’), a public utility holding months ended September 30, 2000, members of Transco. Applicants’ final percentage company claiming exemption under WPSC’s consolidated assets, operating ownership interest in Transco, as well section 3(a)(1) of the Act by rule 2, and revenue and earnings available for as the definitive number of Transco Wisconsin Public Service Corporation common stock were $1,420,591, member units and Manager Class A (‘‘WPSC’’, and together with WPSR, $749,412 and $71,988 respectively. shares to be acquired will depend upon ‘‘Applicants’’), WPSR’s wholly owned In 1999, the State of Wisconsin the actual number of participants in public utility subsidiary,8 both located enacted legislation (‘‘Transco Transco and the contribution value at 700 North Adams Street, Green Bay, Legislation’’) that facilitates the (‘‘Contribution Value’’) 14 of the Wisconsin 54301, have filed an formation of Transco, which will be a transmission assets transferred to application (‘‘Application’’) under for-profit single-purpose transmission sections 9(a) and 10 of the Act. company. The Transco Legislation, 11 Neither ESE nor South Beloit will receive Applicants request authorization for: among other things, encourages public shares in Manager. (1) WPSC, or a limited liability company utility affiliates of Wisconsin holding 12 WPPI, and any other transmission-dependent of which WPSC will be the sole member companies, including WPSC, to transfer tax-exempt entity that participates in Transco, may (‘‘WPSC–NEWCO’’), to receive a ownership of their transmission assets not contribute transmission assets to Transco. Applicants state that, because the participation of proportionate share of the membership to Transco by beneficially adjusting the these entities will reduce the transmission revenue interests of American Transmission calculation of an existing limit on the otherwise received by Transco, these entities will Company, LLC, a Wisconsin limited amount of unregulated investments purchase their interests for a price that is liability company (‘‘Transco’’) in designated to keep the other participants in Transco these utilities and their affiliates can whole. exchange for the transfer of WPSC’s make, after the transfer of their assets to 13 WEC and Wisconsin Electric filed a separate transmission facilities, associated application under the Act seeking approval of substations and real property interests contributed by other utility companies that are to WPSC’s and ESE’s proposed participation in (the ‘‘WPSC Transmission Assets’’) to become members of the Transco. Transco on August 25, 2000 (SEC File No. 70– Transco; 9 (2) WPSC to purchase Class A 10 Applicants state that it may be necessary to 9741). WEC’s and Wisconsin Electric’s filing is effect the proposed transfer of transmission assets being noticed contemporaneously with this notice. through WPSC–NEWCO as a result of certain In addition, Alliant Energy Corporation, WP&L, 7 ‘‘Net book value’’ is defined as original cost less limitations imposed by WPSC’s mortgage indenture. South Beloit, Transco and Manager filed a separate accumulated depreciation. Accordingly, WPSC also requests authority to form application-declaration under the Act seeking 8 WPSC is also a holding company because it WPSC–NEWCO and to acquire all of WPSC– approval of WP&L’s proposed participation in owns an interest in another subsidiary of WPSR, NEWCO’s membership interests in exchange for one Transco, certain intrasystem transactions, and Wisconsin River Power Company. WPSC claims or more cash payments to WPSC–NEWCO. After various financing transactions (SEC File NO. 70– exemption from registration under section 3(a)(2) of WPSC–NEWCO receives Transco’s member units, it 9735). the Act by rule 2 under the Act. will pay to the trustee under the WPSC mortgage 14 Contribution Value is defined as original cost 9 Applicants’ proportional share in the Transco indenture cash in an amount approximately equal less accumulated depreciation, as adjusted on a will be based on the book value of the WPSC to WPSC’s corresponding cash payment to WPSC– dollar-for-dollar basis for deferred taxes, excess Transmission Assets contributed relative to that NEWCO. deferred taxes, and deferred investment tax credits.

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Transco by those participants. It is For the Commission, by the Division of more of the exemptions set forth in 5 expected that WPSC’s Contribution Investment Management, under delegated U.S.C. 552b(c)(4), (8)(A) and (10) and 17 Value as of December 31, 2000 will be authority. CFR 200.402(a)(4), (8), (9)(A) and (10), approximately $63 million, and its Margaret H. McFarland, permit consideration for the scheduled initial interest in Transco will be Deputy Secretary. matters at the closed meeting. approximately 12.62%. WPSR, the other [FR Doc. 00–30133 Filed 11–24–00; 8:45 am] The subject matter of the closed participating Wisconsin utilities, and BILLING CODE 8010±01±M meeting scheduled for Wednesday, South Beloit intend to contribute their November 29, 2000 will be: post transmission assets to Transco on or argument discussion; and an opinion. SECURITIES AND EXCHANGE The subject matters of the closed about January 1, 2001 (the ‘‘Operations COMMISSION meeting scheduled for Thursday, Date’’). Depending on the number of November 30, 2000 will be: institution initial members of the Transco, it is Sunshine Act Meeting and settlement of injunctive actions; expected that Applicants’ interest in and institution and settlement of Transco and Manager will be between Notice is hereby given, pursuant to the provisions of the Government in the administrative proceedings of an 10% and 15% of each entity. The enforcement nature. Transco’s other participants will make Sunshine Act, Pub. L. 94–409, that the Securities and Exchange Commission At times, changes in Commission similar initial contributions. will hold the following meetings during priorities require alterations in the The WPSC Transmission Assets the week of November 27, 2000. scheduling of meeting items. For further proposed to be transferred include: (1) An open meeting will be held on information and to ascertain what, if Transmission lines and transmission Wednesday, November 29, 2000, at any, matters have been added, deleted substations; (2) transformers providing 10:00 a.m. in Room 1C30, the Williams or postponed, please contact: The Office of the Secretary at (202) transformation within the bulk O. Douglas Room. 942–7070. transmission system and between the The subject matter of the open bulk and area transmission systems; (3) meeting will be: Dated: November 22, 2000. lines connecting to generation sources The Commission will hear oral argument Jonathan G. Katz, and step-up substations; (4) radial taps on an appeal by Seaboard Investment Secretary. from the transmission system up to, but Advisers, Inc. and Eugene W. Hansen [FR Doc. 00–30235 Filed 11–22–00; 11:28 not including, the facilities that (together, the ‘‘Respondents’’) as well as the am] Division of Enforcement from an BILLING CODE 8010±01±M establish the final connection to administrative law judge’s initial decision. distribution facilities or retail The law judge found that the United States customers; (5) substations that provide District Court for the Eastern District of SECURITIES AND EXCHANGE Virginia had issued an order, with primarily a transmission function; and COMMISSION (6) voltage control devices and power Respondents’ consent without admitting or flow control devices directly connected denying liability, permanently enjoining the [Release No. 34±43586; File No. SR±DTC± Respondents from violating Sections 206(1), 00±09] to the transmission system. Applicants 206(2), and 206(4) of the Investment Advisers expect that, as of December 31, 2000, Act of 1940 and Advisers Act Rule 206(4)– Self-Regulatory Organizations; The the original cost of the WPSC 1(a)(5) and from violating an earlier Depository Trust Company; Order Transmission Assets will be Commission Order Making Findings and Granting Approval of a Proposed Rule approximately $139 million. The net Imposing Remedial Sanctions and Cease and Change Relating to the Profile Surety Desist Order. On the basis of the injunction, book value 15 of the WPSC Transmission Program in the Direct Registration Assets at December 31, 2000 is expected the law judge revoked the registration of Seaboard and suspended Hansen from being System to be approximately $70 million. associated with an investment adviser for a November 17, 2000. Applicants state that the period of twelve months. Among the issues likely to be argued are On June 29, 2000, The Depository transmission-owning Member Utilities Trust Company (‘‘DTC’’) filed with the and Transco expect to enter into various the following: (1) Whether the record establishes that the Securities and Exchange Commission agreements (‘‘Agreements’’) under Respondents were permanently enjoined (‘‘Commission’’), pursuant to Section which the Member Utilities will provide from violating antifraud provisions of the 19(b)(1) of the Securities Exchange Act Transco with operations and securities laws and from violating an earlier of 1934 (‘‘Act’’),1 a proposed rule maintenance services, control area Commission cease-and-desist order; and change. Notice of the proposal was operations, and other services. Any (2) If so, what sanction, if any, is published in the Federal Register on services provided or received by appropriate in the public interest. August 11, 2000.2 The Commission Applicants under any of these For further information, contact Alissa L. Baum at (202) 942–0923. received six comment letters in Agreements will be provided at cost in response to the proposed rule change.3 accordance with rules 90 and 91 under Closed meetings will be held on the Act, unless authorized or directed Wednesday, November 29, 2000 and 1 15 U.S.C. 78s(b)(1). by appropriate governmental or Thursday, November 30, 2000 at 11:00 2 Securities Exchange Act Release No. 43125 (August 7, 2000), 65 FR 49278. regulatory authority.16 a.m. Commissioners, Counsel to the 3 Letters from Robert J. Duke, Director of Commissioners, the Secretary to the Underwriting, The Surety Association of America (August 28, 2000); Jerome J. Clair, Chairman, Commission, and recording secretaries Securities Industry Association Operations will attend the closed meeting. Certain 15 ‘‘Net book value’’ is defined as original cost less Committee (August 30, 2000); Dan W. Schneider, Baker and McKenzie (on behalf of EquiServe L.P.) accumulated depreciation. staff members who have an interest in (August 31, 2000); and William A. Harris, Vice 16 the matters may also be present. Applicants state that certain of the Agreements President and Assistant General Counsel, may provide for certain services between Transco The General Counsel of the ChaseMellon Shareholder Services (September 1, and affiliates of WPSR, including WPSC, to be Commission, or his designee, has 2000); Joseph M. Velli, Senior Executive Vice rendered at market rates, without regard to cost. certified that, in his opinion, one or Continued

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The Commission is publishing this At the time DTC filed the rule change procure a surety bond in order to send order to grant approval of the proposed modifying Profile to incorporate the use electronic instructions through Profile. rule change. of a screen-based indemnification into (Profile will be programmed to not DRS, industry representatives on the accept an instruction until the guarantor I. Description DRS Committee contemplated the enters a valid PSP membership On April 19, 2000, the Commission organization currently administering number.) The surety company issuing granted approval of a DTC rule filing one of the three signature guarantee the surety bond for PSP will either be concerning changes to the Profile programs in connection with transfers of a company selected by DTC as the Modification System (‘‘Profile’’), a physical certificates 9 would develop a administrator of PSP or a surety feature of the Direct Registration System similar surety program to accommodate company selected by the DRS user. If a (‘‘DRS’’).4 Pursuant to that rule filing, a some version of a screen-based DRS user elects to use a surety company screen-based indemnification was indemnification to be used in Profile. other than one DTC has selected, the incorporated into DRS.5 Because The program envisioned by the DRS surety company selected will be companies issuing securities in DRS Committee would have required required to issue its surety bond in a after September 15, 1999, are required to guarantors (i.e., the initiator of the form consistent with the bond issued by use Profile and because Profile was instruction in Profile to move an the surety company selected by DTC. deemed inoperable without an investor’s position) to subscribe to For example, the surety bond must have indemnification agreement, DTC surety bond coverage that would have a coverage limit of $2 million per adopted a screen-based indemnification specifically covered a claim that a DRS occurrence and an aggregate limit of $6 as an accommodation to those issuers transfer was unauthorized in the event million. DTC will also require that all and their transfer agents wanting to that a guarantor refused or failed to companies issuing surety bonds must be issue securities in DRS on or after satisfy the claim. However, the DRS highly rated by an approved rating 6 September 15, 1999. The screen-based Committee was unable to reach a service. indemnification adopted by DTC was consensus on a program, thereby substantially in the form of an making it impossible for any of the II. Comment Letters indemnification approved by the DRS signature guarantee program The Commission received six Committee in 1999 7 and will be used in administrators to extend its program or comment letters.10 In stating its support DRS until such time as the DRS develop a similar program to for PSP, the Securities Industry Committee agreed to an alternative accommodate the Profile Association stated it believed that the 8 indemnification. indemnification. PSP had been formulated by the DRS On April 20, 1999, representatives of Committee to address the concerns of President, The Bank of New York (September 6, the DRS Committee met in an effort to certain interested parties and should 2000); and Larry E. Thompson, Managing Director find an alternative solution. At that and Deputy General Counsel, The Depository Trust finally make DRS the electronic and Clearing Corporation (September 19, 2000). meeting, those in attendance concluded alternative to certificate ownership for 4 For a description of DRS and Profile, refer to because of its role as administrator of many investors. Securities Exchange Act Release Nos. 35038 DRS, DTC would be a logical party to The Surety Association of America (December 1, 1994), 59 FR 63652 (concept release administer an electronic relating to DRS); 41862 (September 10, 1999), 64 FR (‘‘SAA’’) expressed qualified support for 51162 (September 21, 1999) (order approving indemnification program. As a result, the implementation of PSP. The SAA implementation of the Profile Modification feature DTC proposed to implement and stated that institutions that were able to of DRS); 42366 (January 28, 2000), 65 FR 5714 administer the DRS Profile Surety qualify under the paper-based (February 4, 2000) (order approving an Program (‘‘PSP’’) and filed the present interpretation of an existing rule pertaining to DRS); medallion programs might not be able to 42704 (April 19, 2000), 65 FR 24242 (April 25, rule change. qualify under PSP because PSP is 2000) (order approving modification of Profile to PSP is designed to provide for a requiring higher bond limits than the incorporate use of an electronic screen-based surety bond to back the representation current paper-based medallion indemnification). a guarantor makes under the screen- 5 Profile contains two indemnities. The first is programs, which in turn requires applicable when a DTC participant (i.e., generally based indemnity. Since PSP is modeled guarantors to have greater financial a broker-dealer) requests that a customer’s in large part after the NYSE’s Medallion strength, stronger internal controls, and registered book-entry position be transferred from Signature Program, many of the two the books of the issuer to the participant’s account stronger risk management. Furthermore programs’ details are similar. the SAA requested that the Commission at DTC, to be held in street name for the benefit of All broker-dealers and transfer agents the customer. The second indemnity is applicable refrain from approving the filing until participating in DRS will be required to when a DRS limited participant (i.e., a transfer their membership has had an agent) requests a shareholder’s position at a broker- opportunity to review the proposed dealer be transferred from the broker-dealer’s transfer agents raised concerns regarding the account at DTC to the books of the issuer and perceived lack of protections in the indemnification bond form and requirements of the registered in the name of the shareholder. Except for issuers and transfer agents. The DRS Committee PSP.11 for language reflecting whether the broker-dealer or agreed to reopen discussions in an attempt to The Bank of New York (‘‘BONY’’) also the transfer agent is the requestor or the guarantor, develop an alternative indemnification that would qualified its support of PSP. BONY the language of these two indemnities is identical. address the transfer agents’ concerns. After a year Securities Exchange Act Release No. 42704 (April of discussions, an impasse developed and expressed its belief that the screen- 19, 2000), 65 FR 25242 (April 25, 2000). discussions ceased. Since Profile was effectively based indemnification agreement was 6 Securities Exchange Act Release No. 41862 inoperable due to a lack of any indemnification, inadequate and stated that (September 10, 1999), 64 FR 51162 (September 21, DTC determined to adopt the screen-based 1999). indemnification approved by the DRS Committee in implementation of the PSP should be 7 DRS Committee meeting minutes of January 12, 1999. Any changes to the language of the screen- 1999. Minutes of the DRS Committee meetings are based indemnities will be subject to a rule filing 10 Supra note 3. available from DTC. The DRS Committee is an pursuant to Section 19(b) of the Exchange Act. 11 DTC has informed the Commission that its has industry committee responsible for designing DRS. 9 Today, physical certificates must be signature had conversations with the SAA and will make the Its members include the Securities Transfer guaranteed by a guarantor participating in a bond form publicly available. Telephone Association, the Corporate Transfer Association, the signature guarantee program. The Medallion conversation between Larry E. Thompson, Securities Industry Association, the American Signature Program, the Securities Transfer Managing Director and Deputy General Counsel, Society of Corporate Secretaries, and DTC. Association Medallion Program, and the Securities The Depository Trust and Clearing Corporation, and 8 Subsequent to the DRS Committee’s approval of Exchange Medallion Program are the three Jerry W. Carpenter, Assistant Director, Commission the screen-based indemnification, a number of operating signature guarantee programs. (November 16, 2000).

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices 70747 conditioned on revisions to the screen- settlement of securities transactions and The adoption of PSP does not affect based indemnity. to foster cooperation and coordination the ability of the DRS Committee to ChaseMellon Shareholder Services with persons engaged in the clearance continue to negotiate alternative (‘‘CMSS’’) expressed no position on and settlement of securities indemnification language. DTC has whether it supported DTC’s proposal. transactions.14 As set forth below, the stated it will use the screen-based Rather it expressed its belief that the Commission believes that DTC’s indemnification only until such time as screen-based indemnification language proposed rule change is consistent with an alternative indemnification is vague and does not provide transfer its obligations under Section agreement is reached by the DRS agents with sufficient assurances that 17A(b)(3)(F).15 Committee. If and when that happens, requested transfers are authorized. As the Commission has stated in DTC will modify PSP accordingly. CMSS suggested several modifications previous orders dealing with the DRS, In addition, DTC structured PSP, to the indemnification language to better the primary purpose of Profile is to including the increased aggregate limit address perceived potential for transfer provide a more prompt and accurate amount of surety coverage, in the agent liability. mechanism for the transfer of an manner specified by the DRS Baker & McKenzie (on behalf of investor’s book-entry position between Committee. The limit was increased to EquiServe L.P.) contends that DTC’s the investor’s broker-dealer and the accommodate transfer agents’ concerns rule filing is vague, specifically with transfer agent for the issue than the that the current signature guarantee regards to the surety bond processing multistep, paper based processing programs’ aggregate limits were too low arrangements, the claims procedures, otherwise used by the industry. Without for transfer activity in an electronic and the standards used by DTC to select Profile, investors holding securities environment. The DRS Committee is a designated surety. Baker & McKenzie positions in DRS, a majority of whom always free to revisit the issue of surety also states that there should be no were issued securities in DRS through coverage amounts and to adjust PSP as aggregate limit on the surety bond under corporate actions, would continue to be necessary. The assertion made by Baker PSP. This commenter also elaborated on disadvantaged by their inability to & McKenzie that the surety coverage what it believes to be the deficiencies of transfer their shares to their broker- should contain no aggregate limit is not DRS and Profile. dealer (or back to the transfer agent) feasible because no surety company is In its letter, DTC responded without significant delays. likely to provide coverage where its specifically to the issues raised by Baker The adoption of PSP by DTC does not exposure is unlimited. & McKenzie’s comment letter and affect DRS’s operations or its Finally, PSP’s application and generally to the issues raised by CMSS mechanisms to facilitate a more efficient subscription agreement, which and BONY. DTC states that while the manner of transfer ownership of describes the coverage and claims Baker & McKenzie letter was submitted investors’ book-entry positions. The process to be applied under PSP, are as a comment letter to this proposed purpose of PSP is to provide an available from DTC upon request. DRS rule filing on PSP, the bulk of the letter additional layer of protection for users that deem PSP’s coverage raises issues relating to the screen-based transfer agents and broker-dealers using insufficient may independently indemnity language, which was the DRS. DTC developed PSP in an effort to purchase additional insurance to cover subject of another DTC rule filing foster cooperation and coordination outstanding liabilities. approved by the Commission on April between transfer agents, issuers, and The Commission urges the DRS 19, 2000.12 DTC states it is ‘‘mystified’’ broker-dealers by addressing concerns Committee to continue to meet to by the Baker & McKenzie letter in light of risk resulting from unauthorized address on-going concerns regarding of the contributions made by EquiServe instructions to transfer investors’ book- liability and to continue to discuss to the indemnity language, which entry positions. improvements in the design of DRS. language Baker & McKenzie criticize in We have considered the views of These efforts will contribute to the its comment letter. DTC states that the commenters. Three commenters (BONY, industry’s objective of promoting the language of the screen-based indemnity CMSS, and Baker & McKenzie) raised a immobilization of physical certificates. is based closely on language approved number of issues regarding Profile and As set forth above, the Commission in 1998 by the DRS Committee, on the screen-based indemnifications that finds that DTC’s establishment of PSP is which EquiServe has always been were not the subject of this filing. BONY consistent with Section 17A(b)(3)(F) of 16 represented, and reflects comments also predicated its support of PSP on the the Act because it will facilitate the received from EquiServe when the condition that the condition that the use of a more efficient mechanism by language of the screen-based indemnity screen-based indemnifications be which to transfer investors’ book-entry was being finalized. DTC states that revised. Baker & McKenzie indicated its positions and thereby promotes the many of the issues that Baker & belief that the specifics of PSP were not prompt and accurate settlement of McKenzie raise either have already been sufficiently described in DTC’s filing. securities transactions. Furthermore, resolved over the last several years or since PSP will provide additional 14 are issues that key industry officials, The prompt and accurate clearance and protection to DRS users for liabilities settlement of securities transactions includes the that may arise in certain DRS including representatives from transfer of record ownership of securities. 15 U.S.C. EquiServe, have decided to move 78q–1(a)(1)(A). transactions, PSP should foster beyond in order to advance DRS. 15 The Commission also notes that when enacting cooperation between person engaged in Section 17A, Congress set forth its findings that the the clearance and settlement of III. Discussion prompt and accurate clearance and settlement of securities transactions. securities transactions, including the transfer of 13 Section 17A(b)(3)(F) of the Act record ownership, is necessary for the protection of V. Conclusion requires that the rules of a clearing investors; inefficient procedures for clearance and agency be designed to promote the settlement impose unnecessary costs on investors; On the basis of the foregoing, the prompt and accurate clearance and and that new data processing and communication Commission finds that DTC’s proposal techniques create the opportunity for more efficient, to modify Profile to include an effective, and safe procedures for clearance and 12 Securities Exchange Act Release No. 42704 settlement. 15 U.S.C. 78q–1(a)(1)(A), (B), and (C). electronic screen-based indemnification (April 19, 2000), 65 FR 24242 (April 25, 2000). DRS, including Profile supported by PSP, advance 13 15 U.S.C. 78q–1(b)(3)(F). these objectives. 16 15 U.S.C. 78q–1(b)(3)(F).

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 70748 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices is consistent with the requirements of publishing this notice to solicit Commission’s approval of NNMS and the Act and in particular with the comments on the proposed rule change the system’s upcoming implementation, requirements of Section 17A of the Act from interested persons. Nasdaq technology staff diligently and the rules and regulations worked to modify and improve the I. Self-Regulatory Organization’s thereunder. NNMS order processing and execution Statement of the Terms of Substance of It Is Therefore Ordered, pursuant to platform to accommodate a larger single the Proposed Rule Change Section 19(b)(2) of the Act, that the order size maximum. As the result of proposed rule change (File N. SR–DTC– Nasdaq is proposing to amend Rule those efforts, Nasdaq is now prepared to 00–09) be and hereby is approved. 4710(d) of the National Association of provide to NNMS participants a single For the Commission by the Division of Securities Dealers, Inc. (‘‘NASD’’ or order share maximum entry capability Market Regulation, pursuant to delegated ‘‘Association’’), to expand the maximum of 999,999 shares. Expansion of NNMS’s authority.17 share size parameter for orders entered automatic execution single order Jonathan G. Katz, into the Nasdaq National Market maximum size parameter will give users Secretary. Execution System (‘‘NNMS’’). Below is the optional ability to seek automatic [FR Doc. 00–30137 Filed 11–24–00; 8:45 am] the text of the proposed rule change. execution of larger orders in the NNMS BILLING CODE 8010±01±M Proposed new language is italicized; system than would be allowed under proposed deletions are in brackets. current NNMS rules. In addition to * * * * * providing increased flexibility and SECURITIES AND EXCHANGE functionality to NNMS users, the 4710. Participant Obligations in NNMS COMMISSION proposal also establishes uniformity in (a) through (c) No Change. maximum single-order size parameters [Release No. 34±43575; File No. SR±NASD± (d) Order Entry Parameters. 00±66] between Nasdaq’s automatic execution (1) No Change. and order delivery systems. Self-Regulatory Organizations; Notice (2) No Change. For the reasons set forth above, of Filing and Immediate Effectiveness (3) NNMS will not accept orders that Nasdaq believes that the proposed rule of Proposed Rule Change by the exceed [9,900] 999,999 shares, and no change is consistent with the provisions National Association of Securities participant in the NNMS system shall of Section 15A(b)(6) of the Act 6 in that Dealers, Inc. Relating to Maximum enter an order into the system that the proposal is designed to promote just Share Size Order Parameters for the exceeds [9,900] 999,999 shares. and equitable principles of trade, foster (e) No Change. Nasdaq National Market Execution cooperation and coordination with System * * * * * persons engaged in processing information with respect to and November 16, 2000. II. Self-Regulatory Organization’s Statement of the Purpose of, and facilitating transactions in securities, as Pursuant to Section 19(b)(1) of the well as removing impediments to and Securities Exchange Act of 1934 Statutory Basis for, the Proposed Rule Change perfecting the mechanism of a free and (‘‘Act’’),1 and Rule 19b–4 thereunder,2 open market, and, in general, to protect notice is hereby given that on November In its filing with the Commission, investors and the public interest. 6, 2000, the National Association of Nasdaq included statements concerning Securities Dealers, Inc., through its the purpose of and basis for the (B) Self-Regulatory Organization’s wholly-owned subsidiary The Nasdaq proposed rule change and discussed any Statement on Burden on Competition Stock Market, Inc. (‘‘Nasdaq’’) filed with comments it received on the proposed Nasdaq does not believe that the the Securities and Exchange rule change. The text of these statements proposed rule change will result in any Commission (‘‘SEC’’ or ‘‘Commission’’) may be examined at the places specified burden on competition that is not the proposed rule change as described in Item IV below. Nasdaq has prepared necessary or appropriate in furtherance in Items I, II, and III below, which Items summaries, set forth in Sections (A), (B), of the purposes of the Act. have been prepared by Nasdaq. Nasdaq and (C) below, of the most significant filed with the proposed rule change aspects of such statements. (C) Self-Regulatory Organization’s pursuant to Section 19(b)(3)(A) of the Statement on Comments on the (A) Self-Regulatory Organization’s Act,3 and Rule 19b–4(f)(5) thereunder.4 Proposed Rule Change Received From Statement of the Purpose of, and Pursuant to Rule 19b–4(f)(5), Nasdaq Members, Participants, or Others Statutory Basis for, the Proposed Rule has designated this proposal as one Written comments were neither Change effecting a change in an existing order- solicited nor received. entry or trading system of a self- Nasdaq is proposing to expand the III. Date of Effectiveness of the regulatory organization that does not: (1) maximum share size parameter for Proposed Rule Change and Timing for Significantly affect the protection of single orders entered into the NNMS, Commission Action investors or the public interest, (2) Currently, the maximum number of impose any significant burden on shares that may be entered into NNMS The foregoing rule change has become competition, or (3) significantly have using a single order is 9,900. Under the effective pursuant to Section the effect of limiting the access to or rule change proposed here, that single 19(b)(3)(A) 7of the Act and Rule 19b– availability of the system. As such, the order maximum share amount will be 4(f)(5) 8 thereunder in that it constitutes proposed rule change is immediately increased to 999,999 shares. As outlined a change in an existing order-entry or effective upon the Commission’s receipt in the Commission’s approval order of trading system of a self-regulatory of this filing. The Commission is the NNMS system, the smaller 9,900- organization that does not: (1) share order entry size was a response to Significantly affect the protection of 17 17 CFR 200.30–3(a)(12). then existing technological system investors or the public interest, (2) 1 15 U.S.C. 78s(b)(1). constraints. 5 In the interim between the 2 17 CFR 240.19b–4. 6 15 U.S.C. 78o–3(b)(6). 3 15 U.S.C. 78s(b)(3)(A). 5 See Securities Exchange Act Release No. 42344 7 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b–4(f)(5). (January 14, 2000), 65 FR 3897. 8 17 CFR 240.19b–4(f)(5).

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices 70749 impose any significant burden on SECURITIES AND EXCHANGE from participation in the Automated competition, or (3) significantly have COMMISSION Confirmation Transaction System and the effect of limiting the access to or thereby terminates its registration as a market [Release No. 34±43564; File No. SR±NASD± maker in Nasdaq National Market issues may availability of the system. At any time 00±61] register as a market maker at any time after within 60 days of the filing of such a clearing arrangement has been proposed rule change, the Commission Self-Regulatory Organizations; Notice reestablished and the market maker has may summarily abrogate such rule of Filing of Proposed Rule Change by complied with ACT participant requirements change if it appears to the Commission the National Association of Securities contained in Rule 6100. that such action is necessary or Dealers, Inc. Relating to the Penalty for (b) Notwithstanding the above, a market appropriate in the public interest, for Market Makers That Voluntarily or maker that accidentally withdraws as a market maker may be reinstated if: the protection of investors, or otherwise Accidentally Withdraw Their Quotes or Fail To Refresh Their Quotes and the (1) The market maker notified Market in furtherance of the purpose of the Act. Operations of the accidental withdrawal as Time Period Market Makers Have To soon as practicable under the circumstances, IV. Solicitation of Comments Apply To Reinstate Their Quotes but no later than 7:00 p.m. Eastern Time on the same day [within at least one hour] of Interested persons are invited to November 15, 2000. such withdrawal, and immediately thereafter submit written data, views, and Pursuant to Section 19(b)(1) of the provided written notification of the arguments concerning the foregoing, Securities Exchange Act of 1934 withdrawal and reinstatement request; 1 including whether the proposed rule is (‘‘Exchange Act’’), and Rule 19b–4 * * * * * consistent with the Act. Persons making thereunder,2 notice is hereby given that written submissions should file six on October 18, 2000, the National 4730. Participant Obligations in SOES copies thereof with the Secretary, Association of Securities Dealers, Inc. * * * * * Securities and Exchange Commission, (‘‘NASD’’ or ‘‘Association’’), through its (b) Market Makers 450 Fifth Street, N.W., Washington, D.C. wholly-owned subsidiary, Nasdaq Stock * * * * * 20549–0609. Copies of the submission, Market, Inc. (‘‘Nasdaq’’), filed with the (6) In the case of an NNM security, a all subsequent amendments, all written Securities and Exchange Commission Market Maker will be suspended from SOES (‘‘SEC’’ or ‘‘Commission’’) the proposed if its bid or offer has been decremented to statements with respect to the proposed zero due to SOES executions and will be rule change that are filed with the rule change as described in Items I, II, and III below, which Items have been permitted a standard grace period, the Commission, and all written duration of which will be established and prepared by Nasdaq. The Commission is communications relating to the published by the Association, within which publishing this notice to solicit proposed rule change between the to take action to restore a two-sided quotation comments on the proposed rule change Commission and any person, other than in the security for at least one normal unit from interested persons. of trading. A Market Maker that fails to those that may be withheld from the reenter a two-sided quotation in a NNM public in accordance with the I. Self-Regulatory Organization’s security within the allotted time will be provisions of 5 U.S.C. 552, will be Statement of the Terms of Substance of deemed to have withdrawn as a Market available for inspection and copying in the Proposed Rule Change Maker (‘‘SOESed out of the Box’’). Except as the Commission’s Public Reference Nasdaq is filing this proposed rule provided below in this subparagraph and in Room. Copies of such filing will also be change to amend NASD Rules 4620 and subparagraph (7), a Market Maker that available for inspection and copying at 4730 to reduce the penalty for market withdraws in an NNM security may not reenter SOES as a Market Maker in the the principal office of the NASD. All makers that voluntarily or accidentally security for [twenty (20)] ten (10) business submissions should refer to the file withdraw their quotes or fail to refresh days. number in the caption above and should their quotes in a timely manner. The (A) Notwithstanding the above, a market be submitted by December 18, 2000. proposal would also increase the time maker can be reinstated if: period market makers have to apply to (i) the market maker makes a request for For the Commission, by the Division reinstate their quotes. reinstatement to Market Operations as soon of Market Regulation, pursuant to The text of the proposed rule change as practicable under the circumstances, but 9 delegated authority. follows. Proposed new rule language is no later than 7:00 p.m. Eastern Time on the same day [within at least one hour] of having Margaret H. McFarland, in italics; proposed deletions are in brackets. been SOESed out of the Box, and Deputy Secretary. immediately thereafter provides written [FR Doc. 00–30134 Filed 11–24–00; 8:45 am] 4620. Voluntary Termination of Registration notification of the reinstatement request; BILLING CODE 8010±01±M (a) A market maker may voluntarily * * * * * terminate its registration in a security by withdrawing its quotations from The Nasdaq II. Self-Regulatory Organization’s Stock Market. A market maker that Statement of the Purpose of, and voluntarily terminates its registration in a Statutory Basis for, the Proposed Rule security may not re-register as a market Change maker in that security for [twenty (20)] ten (10) business days. Withdrawal from SOES In its filing with the commission, participation as a market maker in a Nasdaq Nasdaq included statements concerning National Market security shall constitute the purpose of, and basis for, the termination of registration as a market maker proposed rule change and discussed any in that security for purposes of this Rule; comments it received on the proposed provided, however, that a market maker that fails to maintain a clearing arrangement with rule change. The text of these statements a registered clearing agency or with a may be examined at the places specified member of such an agency and is withdrawn in Item IV below. Nasdaq has prepared summaries, set forth in Sections A, B, 1 15 U.S.C. 78s(b)(1). and C below, of the most significant 9 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. aspects of such statements.

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A. Self-Regulatory Organization’s in trading on Nasdaq, the 20 day period comply with the one hour deadline, Statement of the Purpose of, and is a much greater penalty now than in especially when the quotes lapse in less Statutory Basis for, the Proposed Rule 1988. Therefore, the NASD proposes to actively traded securities. Nasdaq Change reduce the penalty period to ten cannot consider a reinstatement business days. application that is untimely filed. 1. Purpose Under the proposal, a market maker Therefore, a market maker that (a) Penalty for Withdrawing Quotes that voluntarily or accidentally otherwise would be reinstated (because NASD Rule 4620 permits a market withdraws its quotes (in either a NMS it was not trying to avoid its market maker to voluntarily terminate its or SmallCap security), or is SOESed-out- making obligations) cannot be reinstated registration in a security by of-the-Box for a NNM security, may because of its failure to comply with a withdrawing its quote from the market reregister (or reenter in the case of procedural requirement of the rule. In or by withdrawing from the Small Order SOES-out) as a market maker after ten this situation, the market maker is Execution System (‘‘SOES’’). A market business days.5 subject to the 20 day penalty. As such, maker that voluntarily terminates its (b) Applying to Reinstate Quotes the liquidity in these less actively registration in an issue may not traded securities can be decreased even To avoid the 20 day penalty, market reregister as a market maker in that further because there is one less market makers that accidentally withdraw their security for twenty business days (‘‘20 maker during the penalty period. For quotes or are SOESed-out-of-the-Box days penalty’’). these reasons, the NASD is requesting to can apply to be reinstated within one permit market makers until 7:00 p.m. Under NASD Rule 4730, the 20 day 6 penalty also applies to market makers in hour from the time their quote lapse. A Eastern Time on the day they Nasdaq National Market (‘‘NNM’’) Nasdaq officer (or staff when the accidentally withdrew their quotes or securities that fail to update their quotes withdrawal is accidental) can grant the were SOESed-out-of-the-Box to apply in a timely manner after their displayed reinstatement if he or she determines for reinstatement. that the SOES-out or accidental size is reduced to zero. Presently, all 2. Statutory Basis market makers in NNM securities must withdrawal was not an attempt by the be registered as SOES market makers. market maker to avoid its obligation to Nasdaq believes that the proposed 7 For NNM securities, SOES make a continuous, two-sided market. rule change is consistent with the automatically executes unpreferenced In making his or her decision, the provisions of Section 15A(b)(6) and 12 orders in rotation against those market Nasdaq officer or staff will consider, Section 11A of the Exchange Act. makers who are at the best quoted bid among other things, whether the market Section 15A(b)(6) requires that the rules or offer on Nasdaq at the time the order conditions in the issue or other issues of a registered national securities is entered. If a market maker’s displayed in which the market maker makes a association be designed to prevent size in an NNM security is reduced to market included unusual volatility or fraudulent and manipulative acts and zero, the quote is placed in a ‘‘closed other unusual activity.8 The Nasdaq practices; to promote just and equitable quote’’ status and re-ranked at the officer (or staff) also will consider the principals of trade; to foster cooperation bottom of the quotes displayed in the number of accidental withdrawals or the and coordination with persons engaged Nasdaq montage. If the market maker frequency with which the firm has been in regulating, clearing, settling, does not update its quote size or price SOESed-out-of-the-Box.9 There are processing information with respect to, in a NNM security within five minutes, limits, however, to the number of and facilitating transactions in the quote is placed in a SOES reinstatements a firm can receive within securities; to remove impediments to suspended state (i.e., the market maker a calendar year. The number varies and perfect the mechanism of a free and has been ‘‘SOESed-out-of-the-Box’’). based on the number of markets made open market and a national market Market Makers that are SOESed-out-of- by the firm the previous year.10 A system; and, in general, to protect the-Box for a security may not reenter decision by a Nasdaq officer or staff to investors and the public interest. In SOES as a market maker in that security not reinstate a market maker can be addition, the rules must not be designed for twenty business days.3 appealed by the firm to the Market to permit unfair discrimination between The purpose of the twenty day period Operations Review Committee customers, issuers, brokers, or dealers. is to prevent market makers from (‘‘Committee’’).11 Section 11A(a)(1)(C) of the Exchange withdrawing from the market without As discussed earlier, trading volumes Act 13 states that it is the public interest consequence.4 A market maker that is on Nasdaq have increased enormously. and appropriate for the protection of prohibited from making a market for a One result of the increase in trading investors and the maintenance of fair security is penalized economically by volumes is that market makers must and orderly markets to assure (1) the lost transaction revenue, and also actively manage their quotes and trading economically efficient executions of sustains damage to its reputation, which in many securities, which increases the securities transactions; (2) fair can lead to future economic losses. The chances a market maker may fail to competition among brokers and dealers; NASD believes, however, that a ten day (3) the availability to brokers, dealers penalty will now achieve the same 5 This proposal does not address the situation and investors of information with deterrent effect as the 20 day penalty. when a market maker is SOESed-out-of-the-Box for respect to quotations and transactions in a SmallCap security. To encourage market makers The penalty was set twenty days in to participate in SOES for SmallCap securities, the securities; (4) the practicability of 1988, when the daily average share NASD filed with the Commission a proposal to brokers executing investors’ orders in volume was approximately 122.5 completely eliminate the 20 day penalty when a the best market; and (5) an opportunity million shares a day. As of September market maker is SOESed-out-of-the-Box for a for investors’ orders to be executed SmallCap security. See SR–NASD–99–73 (filed 7, 2000, the daily average share volume December 16, 1999). without the participation of a dealer. for this year is approximately 1.63 6 See NASD Rules 4620 and 4730. The NASD believes establishing a 10 billion shares a day. With the increase 7 Id. day penalty period for market makers 8 Id. that voluntarily or accidentally 3 NASD Rule 4730(b)(6). 9 Id. 4 See Securities Exchange Act Release No. 27591 10 Id. 12 15 U.S.C. 78o–3(b)(6) and 15 U.S.C. 78k–1. (June 9, 1988), 53 FR 22594 (June 16, 1988). 11 Id. 13 15 U.S.C. 78k–1(1)(1)(C).

VerDate 112000 18:40 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM pfrm02 PsN: 27NON1 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Notices 70751 withdraw their quotes or are SOESed- comply with the new filing deadline proposed rule change between the out-of-the-Box is consistent with will continue to be reviewed in Commission and any person, other than Sections 15A(b)(6 and 11A of the accordance with the standards codified those that may be withheld from the Exchange Act because the 10 day period in NASD Rules 4620 and 4730. public in accordance with the will continue to penalize market makers Another potential benefit would be to provisions of 5 U.S.C. 552, will be that fail to keep quotes in the market. maintain liquidity in some less actively available for inspection and copying at Reducing the period to 10 days will not traded stocks by reducing the potential the Commission’s Public Reference diminish the deterrent effect of the that a market maker will be subject to Room. Copies of such filing will also be penalty because market makers will the penalty period for procedural available for inspection and copying at continue to be penalized economically reasons only, and, thus, be prohibited the principal office of the NASD. All through the lost trade revenue and will from making a market in a stock. For submissions should refer to File No. continue to suffer harm to their these reasons, the NASD believes that SR–NASD–00–61 and should be reputation. In addition, because of the the proposal will promote just and submitted by December 18, 2000. enormous increase in trading on Nasdaq equitable principles of trade, prevent For the Commission, by the Division of since the 20 day penalty was fraudulent and manipulative acts and Market Regulation, pursuant to delegated established, the NASD believes that a 10 practices, protect investors and the authority.14 day penalty period today may be more public interest, and promote the Margaret H. McFarland, severe than the 20 day penalty was in maintenance of fair and orderly markets. Deputy Secretary. 1988. Based on the daily average share B. Self-Regulatory Organization’s [FR Doc. 00–30135 Filed 11–24–00; 8:45 am] volume in 1988, which was 122.5 Statement on Burden on Competition BILLING CODE 8010±01±M million shares per day, the average Nasdaq does not believe that the share volume on a single day on Nasdaq proposed rule change will impose any SECURITIES AND EXCHANGE is equal to approximately 13 days burden on competition that is not COMMISSION average share volume in 1988. While the necessary or appropriate in furtherance daily average share volume is not a of the purposes of the Act. direct measure of the amount of [Release No. 34±43583; File No. SR±NASD± business any one particular market C. Self-Regulatory Organization’s 00±62] maker may lose during a penalty period, Statement on Comments on the the number does not demonstrate the Proposed Rule Change Received from Self-Regulatory Organizations; Notice extraordinary increase in trading on Members, Participants, or Others of Filing and Immediate Effectiveness Nasdaq. Therefore, the NASD believes Nasdaq neither solicited nor received of Proposed Rule Change and that a 10 day penalty period will written comments. Amendment No. 1 Thereto by the continue to serve as a significant National Association of Securities III. Date of Effectiveness of the deterrent. As such, the NASD believes Dealers, Inc., Relating to the Removal Proposed Rule Change and timing for the proposed penalty will continue to of Duplicative Provisions Commission Act promote just and equitable principles of November 17, 2000. trade, prevent fraudulent and Within 35 days of the publication of manipulative acts and practices, protect this notice in the Federal Register or Pursuant to Section 19(b)(1) of the investors and the public interest, and within such longer period (i) as the Securities Exchange Act of 1934 1 2 promote the maintenance of fair and Commission may designate up to 90 (‘‘Act’’), and Rule 19b–4 thereunder, orderly markets. days of such date if it finds such longer notice is hereby given that on October The NASD also believes that allowing period to be appropriate and publishes 19, 2000, the National Association of market makers until 7:00 p.m. Eastern its reasons for so finding or (ii) as to Securities Dealers, Inc. (‘‘NASD’’ or Time on the day in which they which Nasdaq consents, the ‘‘Association’’), through its wholly accidentally withdrew their quotes or Commission will: owned subsidiary, the Nasdaq Stock were SOESed-out-of-the-Box to apply (A) By order approve the proposed Market, Inc. (‘‘Nasdaq’’) filed with the for reinstatement is consistent with rule change, or Securities and Exchange Commission Sections 15A(b)(6) and 11A of the (B) Institute proceedings to determine (‘‘SEC’’ or ‘‘Commission’’) the proposed Exchange Act. As discussed earlier, the whether the proposed rule change rule change as described in Items I, II, volume of trading on Nasdaq has should be disapproved. and III below, which Items have been increased significantly over the past few prepared by the NASD.3 The IV. Solicitation of Comments years. This surge in volume requires Commission is publishing this notice to market makers to actively manage their Interested persons are invited to quotes and trading in many securities. submit written data, views, and 14 17 CFR 200.30–3(a)(12). Due to these increased demands, it is arguments concerning the foregoing, 1 15 U.S.C. 78s(b)(1). likely that a market maker cannot file a including whether the proposal is 2 17 CFR 240.19b–4. request for reinstatement within one consistent with the Exchange Act. 3 Nasdaq originally submitted the proposal on October 19, 2000. On November 8, 2000, Nasdaq hour from the time its quotes lapse, Persons making written submissions submitted a letter from Sara Nelson Bloom, especially when the quotes lapse in a should file six copies thereof with the Assistant General Counsel, Nasdaq, to Katherine less actively traded security. Secretary, Securities and Exchange England, Assistant Director, Division of Market The direct benefit of extending the Commission, 450 Fifth Street, N.W., Regulation (‘‘Division’’), Commission, amending the filing (‘‘Amendment No. 1’’). In Amendment No. 1, deadline is that market makers would Washington, D.C. 20549–0609. Copies of Nasdaq made several corrections to its rule text and have more of an opportunity to have the submission, all subsequent designated the proposed rule change as effective their requests considered on the amendments, all written statements pursuant to Section 19(b)(3)(A)(i) of the Act, and substantive merits. Furthermore, this with respect to the proposed rule Rule 19b–4(f)(3) thereunder. 15 U.S.C. 78s(b)(3)(A)(i), 17 CFR 240.19b–4(f)(3). Because of proposal does not diminish the change that are filed with the the nature of the Amendment, the Commission standards that an applicant must meet Commission, and all written deems the filing date to be November 8, 2000, the to be reinstated. Applications that communications relating to the date of the final amendment.

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The statement of Statement of the Terms of Substance of Each Nasdaq National Market issuer of operations contained in quarterly reports the Proposed Rule Change units shall include in its prospectus or other shall disclose, as a minimum, any substantial offering document used in connection with items of an unusual or nonrecurrent nature Nasdaq is filing with the Commission any offering of securities that is required to and net income before and after estimated a proposed rule change regarding be filed with the Commission under the federal income taxes or net income and the revisions to the Nasdaq Marketplace federal securities laws and the rules and amount of estimated federal taxes. regulations promulgated thereunder a (3) Each [NNM] issuer which is not subject Rules to eliminate duplicative statement regarding any intention to delist to SEC Rule 13a–13 and which is required to provisions and make conforming the units immediately after the minimum file with the Commission, or another federal changes. Below is the text of the inclusion period. or state regulatory authority, interim reports proposed rule change. Additions are relating primarily to operations and financial italicized and deletions are in brackets. 4460. Non-Quantitative Designation Criteria position, shall make available to shareholders for Issuers Excepting Limited Partnership reports which reflect the information 4310. Qualification Requirements for Cross reference to IM–4310 is deleted. contained in those interim reports. Such Domestic and Canadian Securities Renumbered as Rule 4350 and Amended as reports shall be made available to To qualify for inclusion in Nasdaq, a follows: shareholders either before or as soon as security of a domestic or Canadian issuer practicable following filing with the 4350. [Non-Quantitative Designation Criteria] shall satisfy all applicable requirements appropriate regulatory authority. If the form Qualitative Listing Requirements for Nasdaq contained in paragraphs (a) or (b), and (c) of the interim report provided to National Market and Nasdaq SmallCap Market hereof. shareholders differs from that filed with the Issuers Except[ing] for Limited Partnerships (a) No change. regulatory authority, the issuer shall file one Traded on the Nasdaq National Market (b) No change. copy of the report to shareholders with (c) In addition to the requirements (a) Applicability Nasdaq in addition to the report to the contained in paragraph (a) or (b) above, and regulatory authority that is filed with Nasdaq No provisions of this Rule shall be pursuant to Rule 4310(c)(14). unless otherwise indicated, a security shall construed to require any foreign issuer to do satisfy the following criteria for inclusion in any act that is contrary to a law, rule or (c) Independent Directors Nasdaq: regulation of any public authority exercising Each [NNM] issuer shall maintain a (1)–(20) No change. jurisdiction over such issuer or that is sufficient number of independent directors (21) Deleted and reserved. contrary to generally accepted business on its board of directors to satisfy the audit (22)–(24) No change. practices in the issuer’s country of domicile. committee requirement set forth in Rule (25)–(29) Deleted and reserved. Nasdaq shall have the ability to provide [4460]4350(d)(2). (d) No change. exemptions from the applicability of these (d) Audit Committee IM–4310. Voting Rights Policy provisions as may be necessary or appropriate to carry out this intent. (1) Audit Committee Charter Renumbered IM–4351 and moved to follow Nasdaq shall review the issuer’s past Rule 4351. corporate governance activities. This review Each Issuer must certify that it has adopted may include activities taking place while the a formal written audit committee charter and 4320. Qualification Requirements for Non- that the [A]audit [C]committee has reviewed Canadian Foreign Securities and American issuer is listed on Nasdaq or an exchange that imposes corporate governance and reassessed the adequacy of the formal Depositary Receipts written charter on an annual basis. The requirements, as well as activities taking charter must specify the following: To qualify for inclusion in Nasdaq, a place after the issuer is no longer listed on (A) the scope of the audit committee’s security of a non-Canadian foreign issuer, an Nasdaq or an exchange that imposes responsibilities, and how it carries out those American Depositary Receipt (ADR) or corporate governance requirements. Based on similar security issued in respect of a responsibilities, including structure, such review, Nasdaq may take any processes, and membership requirements; security of a foreign issuer shall satisfy the appropriate action, including placing of requirements of paragraphs (a), (b) or (c), and (B) the audit committee’s responsibility for restrictions on or additional requirements for ensuring its receipt from the outside auditors (d) and (e) of this Rule. listing, or the denial of listing of a security (a)–(d) No change. of a formal written statement delineating all if Nasdaq determines that there have been relationships between the auditor and the (e) In addition to the requirements violations or evasions of such corporate contained in paragraphs (a), (b) or (c), and company, consistent with Independence governance standards. Determinations under Standards Board Standard 1, and the audit (d), the security shall satisfy the following this subparagraph shall be made on a case- criteria for inclusion in Nasdaq: committee’s responsibility for actively by-case basis as necessary to protect engaging in a dialogue with the auditor with (1)–(18) No change. investors and the public interest. (19) Deleted and reserved. respect to any disclosed relationships or (20) No change. (b) Distribution of Annual and Interim services that may impact the objectivity and (21)–(25) Deleted and reserved. Reports independence of the auditor and for taking, or recommending that the full board take, (f) No change. (1) Each [Nasdaq National Market] issuer Cross reference to IM–4310 is deleted. appropriate action to oversee the shall distribute to shareholders copies of an independence of the outside auditor; and 4420. Quantitative Designation Criteria annual report containing audited financial (C) the outside auditor’s ultimate statements of the company and its (a)–(g) No change. accountability to the board of directors and subsidiaries. The report shall be distributed the audit committee, as representatives of (h) Units to shareholders a reasonable period of time shareholders, and these shareholder prior to the company’s annual meeting of representatives’ ultimate authority and (1) Minimum Inclusion Period and Notice of shareholders and shall be filed with Nasdaq responsibility to select, evaluate, and, where Withdrawal at the time it is distributed to shareholders. appropriate, replace the outside auditor (or to In the case of units, the minimum period (2) Each [NNM] issuer which is subject to nominate the outside auditor to be proposed for inclusion of the units shall be 30 days SEC Rule 13a–13 shall make available copies for shareholder approval in any proxy from the first day of inclusion, except the of quarterly reports including statements of statement). period may be shortened if the units are operating results to shareholders either prior suspended or withdrawn for regulatory to or as soon as practicable following the (2) Audit Committee Composition purposes. Issuers and underwriters seeking to company’s filing of its Form 10–Q with the (A) Each issuer must have, and certify that withdraw units from inclusion must provide Commission. If the form of such quarterly it has and will continue to have, an audit

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Additionally, each plans or arrangements including other mail to all shareholders not later than ten issuer must certify that it has, and will employees (e.g.,2 ESOPs). In a case where the days before issuance of the securities a letter continue to have, at least one member of the shares are issued to a person not previously alerting them to its omission to seek the audit committee that has past employment employed by the company, as an inducement shareholder approval that would otherwise experience in finance or accounting, requisite essential to the individual’s entering into an be required and indicating that the [A]audit professional certification in accounting, or employment contract with the company, [C]committee [of the Board] or a comparable any other comparable experience or shareholder approval will generally not be body of the board of directors has expressly background which results in the individual’s required. The establishment of a plan or approved the exception. financial sophistication, including being or arrangement under which the amount of (3) Only shares actually issued and having been a chief executive officer, chief securities which may be issued does not outstanding (excluding treasury shares or financial officer or other senior officer with exceed the lesser of 1% of the number of shares held by a subsidiary) are to be used financial oversight responsibilities. shares of common stock, 1% of the voting in making any calculation provided for in (B) Notwithstanding paragraph (A), one power outstanding, or 25,000 shares will not this paragraph (i). Unissued shares reserved director who is not independent as defined generally require shareholder approval; for issuance upon conversion of securities or in Rule 4200, and is not a current employee (B) When the issuance or potential upon exercise of options or warrants will not or an immediate family member of such issuance will result in a change of control of be regarded as outstanding. employee, may be appointed to the audit the issuer; (4) Voting power outstanding as used in committee, if the board, under exceptional (C) In connection with the acquisition of this rule refers to the aggregate number of and limited circumstances, determines that the stock or assets of another company if: votes which may be cast by holders of those membership on the committee by the (i) Any director, officer or substantial securities outstanding which entitle the individual is required by the best interests of shareholder of the issuer has a 5% or greater holders thereof to vote generally on all the corporation and its shareholders, and the interest (or such persons collectively have a matters submitted to the company’s security board discloses, in the next annual proxy 10% or greater interest), directly or holders for a vote. statement subsequent to such determination, indirectly, in the company or assets to be (5) An interest consisting of less than either the nature of the relationship and the reasons acquired or in the consideration to be paid 5% of the number of shares of common stock for that determination. in the transaction or series of related or 5% of the voting power outstanding of an (C) Exception for Small Business Filers— transactions and the present or potential issuer or party shall not be considered a Paragraphs (2)(A) and (2)(B) do not apply to issuance of common stock, or securities substantial interest or cause the holder of issuers that file reports under SEC Regulation convertible into or exercisable for common such an interest to be regarded as a S–B. Such issuers must establish and stock, could result in an increase in substantial security holder. maintain an [A]audit [C]committee of at least outstanding common shares or voting power (6) Where shareholder approval is two members, a majority of the members of of 5% or more; or required, the minimum vote which will which shall be independent directors. (ii) Where, due to the present or potential constitute shareholder approval shall be a majority of the total votes cast on the (e) Shareholder Meetings issuance of common stock, or securities convertible into or exercisable for common proposal in person or by proxy. Each [NNM] issuer shall hold an annual stock, other than a public offering for cash: meeting of shareholders and shall provide Cross Reference IM–4300, Future Priced a. The common stock has or will have Securities notice of such meeting to Nasdaq. upon issuance voting power equal to or in (f) Quorum excess of 20% of the voting power (j) Voting Rights outstanding before the issuance of stock or Each [NNM] issuer shall provide for a (1) No rule, stated policy, practice, or securities convertible into or exercisable for quorum as specified in its by-laws for any interpretation of Nadaq shall permit the common stock; or meeting of the holders of common stock; authorization for quotation and/or b. The number of shares of common stock provided, however, that is no case shall such transaction reporting through an automated 1 to be issued is or will be equal to or in excess inter-dealer quotation system (authorization), quorum be less than 33 ⁄3 [percent] % of the outstanding shares of the company’s common of 20% of the number of shares of common or the continuance of authorization, of any voting stock. stock outstanding before the issuance of the common stock or other equity security of a stock or securities; or domestic issuer, if the issuer of such security (g) Solicitation of Proxies (D) In connection with a transaction other issues any class of security, or takes other Each [NNM] issuer shall solicit proxies and than a public offering involving: corporate action, with the effect of nullifying, provide proxy statements for all meetings of (i) The sale, issuance or potential issuance restricting, or disparately reducing the per shareholders and shall provide copies of by the issuer of common stock (or securities share voting rights of holders of an such proxy solicitation to Nasdaq. convertible into or exercisable for common outstanding class or classes of common stock stock) at a price less than the greater of book of such issuer registered pursuant to section (h) Conflicts of Interest or market value which together with sales by 12 of the Act. Each [NNM] issuer shall conduct an officers, directors or substantial shareholders (2) For the purposes of paragraph (j)(1), the appropriate review of all related party of the company equals 20% or more of following shall be presumed to have the transactions on an ongoing basis and shall common stock or 20% or more of the voting effect of nullifying, restricting, or disparately utilize the company’s [A]audit [C]committee power outstanding before the issuance; or reducing the per share voting rights of an or a comparable body of the [B]board of (ii) The sale, issuance or potential issuance outstanding class or classes of common stock: [D]directors for the review of potential by the company of common stock (or (A) Corporate action to impose any conflict of interest situations where securities convertible into or exercisable restriction on the voting power of shares of appropriate. common stock) equal to 20% or more of the the common stock of the issuer held by a common stock or 20% or more of the voting beneficial or record holder based on the (i) Shareholder Approval power outstanding before the issuance for number of shares held by such beneficial or (1) Each [NNM] issuer shall require less than the greater of book or market value record holder; shareholder approval of a plan or of the stock. (B) Corporate action to impose any arrangement under subparagraph (A) below, (2) Exceptions may be made upon restriction on the voting power of shares of or prior to the issuance of designated application to Nasdaq when: the common stock of the issuer held by a

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Examples of issuer, in which the securities issued have [(I) Units such corporate action or issuance include, but are not limited to, the adoption of time- voting rights greater than or less than the per (1) Minimum Inclusion Period and Notice of share voting rights of any outstanding class phased voting plans, the adoption of capped Withdrawal voting rights plans, the issuance of super- of the common stock of the issuer; or In the case of units, the minimum period voting stock, or the issuance of stock with (D) Any issuance of securities pursuant to for inclusion of the units shall be 30 days voting rights less than the per share voting a stock dividend, or any other type of from the first day of inclusion, except the rights of the existing common stock through distribution of stock, in which the securities period may be shortened if the units are an exchange offer. issued have voting rights greater than the per suspended or withdrawn for regulatory Cross Reference IM–4300, Future Priced share voting rights of any outstanding class purposes. Issuers and underwriters seeking to Securities of the common stock of the issuer. withdraw units from inclusion must provide (3) For the purposes of paragraph (j)(1), the Nasdaq with notice of such intent at least 15 IM–4351, Voting Rights Policy following, standing alone, shall be presumed days prior to withdrawal. Text of existing IM–4310 relocated here. not to have the effect of nullifying, (2) Disclosure Requirements for Units restricting, or disparately reducing the per 4470. [Non-Quantitative Designation Critical share voting rights of holders of an Each Nasdaq National Market issuer of Qualitative Listing Requirements for Nasdaq units shall include in its prospectus or other outstanding class or classes of common stock: National Market Issuers That Are Limited offering document used in connection with Partnerships (A) The issuance of securities pursuant to any offering of securities that is required to an initial registered public offering; be filed with the Commission under the (a) Applicability (B) The issuance of any class of securities, federal securities laws and the rules and No change. through a registered public offering, with regulations promulgated thereunder a (b) Distribution of Annual and Interim voting rights not greater than the per share statement regarding any intention to delist Reports voting rights of any outstanding class of the the units immediately after the minimum common stock of the issuer; inclusion period. No change. (C) The issuance of any class of securities (m)] (k) Peer Review (c) Corporate General Partner/Independent to effect a bona fide merger or acquisition, Directors with voting rights not greater than the per (1) Each issuer must be audited by an Each issuer that is a limited partnership share voting rights of any outstanding class independent public accountant that: shall maintain a corporate general partner or of the common stock of the issuer; or (A) Has received an external quality control review by an independent public co-general partner, which shall have the (D) Corporate action taken pursuant to state accountant (‘‘peer review’’) that determines authority to manage the day-to-day affairs of law requiring a state’s domestic corporation whether the auditor’s system of quality the partnership. Such corporate general or to condition the voting rights of a beneficial control is in place and operating effectively co-partner shall maintain a sufficient number or record holder of a specified threshold and whether established policies and of independent directors on its board of percentage of the corporation’s voting stock procedures and applicable auditing standards directors to satisfy the audit committee on the approval of the corporation’s are being followed; or requirement set forth in Rule independent shareholders. (B) Is enrolled in a peer review program [4460]4350(d)(2). (4) The following terms shall have the and within 18 months receives a peer review (d) Audit Committee following meanings for purposes of this Rule: that meets acceptable guidelines. The corporate general partner or co-general (A) The term ‘‘common stock’’ shall (2) The following guidelines are acceptable for purposes of this paragraph [(m)]: partner of each issuer that is a limited include any security of an issuer designated partnership must satisfy the audit committee as common stock and any security of an (A) The peer review should be comparable to AICPA standards included in Standards requirements set forth in Rule [4460]4350(d). issuer, however designate,d which, by statute (e)–(i) No change. or by its terms, is a common stock (e.g., a for Performing on Peer Reviews, codified in security which entitles the holders thereof to the AICPA’s SEC Practice Section Reference 4480. Termination Procedure Manual; vote generally on matters submitted to the (a) Failure to maintain compliance with the (B) The peer review program should be issuer’s security holders for a vote). provisions of Rules 4350, 4450, [4460,] or subject to oversight by an independent body 4470 will result in the termination of an (B) The term ‘‘equity security’’ shall comparable to the organizational structure of include any equity security defined as such issue’s designation unless an exception is the Public Oversight Board as codified in the granted as provided in the Rule 4800 Series. pursuant to SEC Rule 3a11–1 under the Act. AICPA’s SEC Practice Section Reference (C) The term ‘‘domestic issuer’’ shall mean Termination shall become effective in Manual; and accordance with the terms of notice by an issuer that is not a ‘‘foreign private issuer’’ (C) The administering entity and the Nasdaq. as defined in SEC Rule 3b–4 under the Act. independent oversight body of the peer (b) No change. (D) The term ‘‘security’’ shall include any review program must, as part of their rules security defined as such pursuant to Section of procedure, require the retention of the peer IM–4300. Interpretive Material Regarding 3(a)(10) of the Act, but shall exclude any review working papers for 90 days after Future Priced Securities Summary class of security having a preference or acceptance of the peer review report and No change. priority over the issuer’s common stock as to allow Nasdaq access to those working papers. How the Rules Apply dividends, interest payments, redemption or (I[n]) Direct Registration Program payments in liquidation, if the voting rights Shareholder Approval If an issuer establishes or maintains a of such securities only become effective as a Direct Registration Program for its NASD Rule 4350(i)(1)(D)[4310(c)(25)(H)(i) result of specified events, not relating to an shareholders, the issuer shall, directly or relating to Nasdaq SmallCap issuers and Rule acquisition of the common stock of the through its transfer agent, participate in an 4460(i)(1) relating to Nasdaq National Market issuer, which reasonably can be expected to electronic link with a securities depository issuers] provides, in part: jeopardize the issuer’s financial ability to registered under Section 17A of the Exchange Each issuer shall require shareholder meet is payment obligations to the holders of Act to facilitate the electronic transfer of approval * * * prior to the issuance of that class of securities. securities held pursuant to such program. designated securities * * * in connection

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The comparable rules stock (or securities convertible into or entering into a transaction that may result in relating to Limited Partnerships would exercisable for common stock) at a price less the potential issuance of common stock (or not be combined with those of other than the greater of book or market value securities convertible into common stock) which together with sales by officers, greater than 10% of either the total shares issuers because of the unique structure directors or substantial shareholders of the outstanding or the voting power outstanding of Limited Partnerships, the fact that company equals [equal to] 20 [percent] % or on a pre-transaction basis. different corporate governance rules more of the common stock or 20 [percent] % Issuers should be cognizant that under this apply to such issuers, and the fact that or more of the voting power outstanding rule notification is required at least 15 days the existing Limited Partnership rules before the issuance [for less than the greater PRIOR [emphasis added] to issuing any only apply to Nasdaq National Market of book or market value of the stock].4 security (including a Future Priced Security) issuers. * * * * * convertible into shares of a class of securities To give effect to this change, the Some Future Priced Securities may contain already listed on Nasdaq. Failure to provide Nasdaq proposes to have the corporate features to obviate the need for shareholder such notice can result in an issuer’s removal governance sections of current Rule approval by: (1) placing a cap on the number from Nasdaq. 4310 (relating to domestic SmallCap of shares that can be issued upon conversion, such that the holders of the Future Priced Public Interest Concerns issuers) and Rule 4320 (relating to 7 Security cannot, without prior shareholder No change. foreign SmallCap issuers) deleted. approval, convert the security into 20 Nasdaq proposes to have existing Rule [percent] % or more of the common stock or Change of Control and Change in Financial 4460 (which now relates only to voting power outstanding before the issuance Structure National Market issuers other than of the Future Priced Security; 5 or (2) placing No change. Limited Partnerships) be renumbered to a floor on the conversion price, such that the Rule 4350 and amended to apply to all II. Self-Regulatory Organization’s conversion price will always be at least as Nasdaq issuers. 8 high as the greater of book or market value Statement of the Purpose of, and of the common stock prior to the issuance Statutory Basis for, the Proposed Rule The language of the voting rights rules [emphasis added] of the Future Priced Change presently differ between the SmallCap Securities. Even when a Future Priced Market and National Market. Nasdaq, Security contains these features, however, In its filing with the Commission, the however, has applied these rules shareholder approval is still required under NASD included statements concerning consistently across the two markets. In Rule[s 4310(c)(25)(H)(i)(b) and 4460] the purpose of and basis for the fact, when the voting rights rules were 4350(i)(1)(B) if the issuance will result in a proposed rule change and discussed any first adopted for the Small Cap Market, change of control. comments it received on the proposed Nasdaq stated that it would interpret the Voting Rights rule change. The text of these statements rules of both market segments 9 NASD Rule ø4310(c)(21)¿ 4351 provides: may be examined at the places specified uniformly. Nasdaq does not believe Voting rights of existing shareholders of in Item IV below. The NASD has that the disparity in language between publicly traded common stock registered prepared summaries, set forth in Section the two markets serves any useful under Section 12 of the Act cannot be A, B, and C below, of the most purpose and proposes adopting a single disparately reduced or restricted through any significant aspects of such statements. voting rights rule applicable to both corporate action or issuance. markets. Further, Nasdaq believes that A. Self-Regulatory Organization’s [Rule 4460(j) and] IM–ø4310¿ 4351 also this change will give effect to the SEC’s provides rules relating to voting rights of Statement of the Purpose of, and goal that Nasdaq, the American Stock Nasdaq issuers. Statutory Basis for, the Proposed Rule Exchange (‘‘Amex’’), and the New York * * * * * Change Stock Exchange (‘‘NYSE’’) all adopt a uniform policy with respect to the The Bid Price Requirement 1. Purpose voting rights of common stock No change. Currently, Nasdaq issuers and their shareholders.10 Accordingly, Nasdaq Listing of Additional Shares counsel must navigate through three proposes eliminating the existing Rule NASD Rule 4310(c)(17) provides: sets of Corporate Governance 4460(j) and incorporating existing Rule requirements depending on whether the øThe issuer shall be required to file on a form designated by Nasdaq notification of issuer is a Nasdaq SmallCap Market 6 The Rule 4300 Series applies to all Nasdaq * * * the issuance of additional shares of issuer or a Nasdaq National Market issuers. Nasdaq National Market issuers must also issuer and whether the issuer is comply with the Rule 4400 Series. any class of securities included in Nasdaq 7 * * * no later than 15 calendar days prior to domestic or foreign. These three sets of In addition to the primary corporate governance ¿ sections, those sections relating to voting rights, * * * the issuance of additional shares. rules, however, are largely identical. audit committees, listing agreements, auditor peer The issuer shall be required to notify Furthermore, the layout of and citation review, and direct registration programs would also Nasdaq on the appropriate form no later than to some of these rules is extremely be combined in the new rules applicable to all cumbersome. For example, a SmallCap issuers. 8 4 Nasdaq may make exceptions to this issuer seeking information about Nasdaq represents that one provision of Rule requirement when the delay in securing stockholder 4460 is not being moved to Rule 4350. The Units approval would seriously jeopardize the financial shareholder approval in connection provision (existing Rule 4460(l)) will be moved to viability of the enterprise and reliance by the with an acquisition of another company existing Rule 4420 because it contains a provision, company on this exception is expressly approved would have to look at Rule Disclosure Requirements for Units, that solely by the Audit Committee or a comparable body of 4310(c)(25)(G)(i)(c)(2)(A). Accordingly, applies to Nasdaq National Market issuers. the Board of Directors. Telephone conversation between Arnold Golub, 5 In order to obviate the need for shareholder in an effort to simplify the Marketplace Senior Attorney, Office of General Counsel, Nasdaq, approval through such an arrangement, those shares Rules and make them more user and Lisa Jones, Attorney, Division, Commission, already issued in connection with the Future Priced friendly, Nasdaq proposes to eliminate November 17, 2000. Security must not be entitled to vote on the the duplication of these rules and have 9 See Securities Exchange Act Release No. 34518 proposal to approve the issuance of additional (August 11, 1994), 59 FR 42614 (August 18, 1994) shares upon conversion of the Future Priced the Corporate Governance rules appear (‘‘Voting Rights Release’’). Security. in a single location applicable to all 10 See Id.

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4310(c)(21) 11 into new Rule 4351. The Washington DC 20549–0609. Copies of Background Information Voting Rights Policy presently located at the submission, all subsequent In May of this year Congress held IM–4310 would be relocated as IM– amendments, all written statements hearings on SSA’s representative payee 4351. with respect to the proposed rule program. These hearings were the result change that are filed with the 2. Statutory Basis of an investigation conducted by SSA’s Commission, and all written The NASD believes that the proposed OIG involving a representative payee communications relating to the who embezzled over $300,000 of Social rule change is consistent with the proposed rule change between the provisions of Section 15A(b)(6) of the Security payments, and recent media Commission and any person, other than attention. Following these hearings SSA Act,12 which requires, among other those that may be withheld from the things, that the Association’s rules must began a number of initiatives to improve public in accordance with the oversight of representative payees. One be designed to prevent fraudulent and provisions of 5 U.S.C. 552, will be manipulative acts and practices, to of the initiatives requested by Congress available for inspection and copying in was for OIG to perform audits of promote just and equitable principles of the Commission’s Public Reference trade, and, in general, to protect representative payees. Specifically, Room. Copies of such filing will also be Congress requested an independent OIG investors and the public interest. The available for inspection at the principal changes proposed are designed to review and assessment of SSA’s office of the NASD. representative payee program. In simplify the use of Nasdaq’s rules by All submissions should refer to File issuers and investors. conjunction with this oversight, No. SR–NASD–00–62 and should be Congress has further advised SSA that B. Self-Regulatory Organization’s submitted by December 18, 2001. briefings on the representative payee Statement on Burden on Competition For the Commission, by the Division of program are expected and additional The NASD does not believe that the Market Regulation, pursuant to delegated congressional hearings are planned in authority.15 proposed rule change will impose any early spring. This information collection burden on competition. Jonathan G. Katz, is therefore necessary to comply with Secretary. the congressional reporting C. Self-Regulatory Organization’s [FR Doc. 00–30136 Filed 11–24–00; 8:45 am] requirements in a timely manner and to Statement on Comments on the BILLING CODE 8010±01±M augment other data needed for Proposed Rule Change Received From determining whether representative Members, Participants, or Others payees are complying with their duties. The NASD has neither solicited nor SOCIAL SECURITY ADMINISTRATION You can obtain a copy of the received written comments on the collection instruments and/or OMB proposed rule change. Agency Information Collection clearance packages by calling the SSA Activities: Emergency Consideration Reports Clearance Officer on (410) 965– III. Date of Effectiveness of the Request 4145, or by writing to him. Proposed Rule Change and Timing for Commission Action In compliance with Public Law 104– SSA Address The foregoing rule change has become 13, the Paperwork Reduction Act of Social Security Administration, effective pursuant to Section 1995, the Social Security DCFAM, Attn: Frederick W. 19(b)(3)(A)(i) of the Act 13 and Rule 19b– Administration (SSA) is providing Brickenkamp, 6401 Security Blvd., 1– 4(f)(3) thereunder because it is notice of its information collections that A–21 Operations Bldg., Baltimore, concerned solely with the require submission to the Office of MD 21235 14 Management and Budget (OMB). SSA is administration of the NASD. At any Dated: November 20, 2000. requesting emergency consideration time within 60 days of the filing of such Frederick W. Brickenkamp, proposed rule change, the Commission from OMB by 12/06/2000 of the Reports Clearance Officer. may summarily abrogate such rule information collections listed below. change if it appears to the Commission 1. Beneficiary Interview and Auditor’s [FR Doc. 00–30082 Filed 11–24–00; 8:45 am] that such action is necessary or Observations Form–0960–NEW. BILLING CODE 4120±29±U appropriate in the public interest, for The information collected through the the protection of investors, or otherwise Beneficiary Interview and Auditor’s in furtherance of the purpose of the Act. Observations form, SSA–322, will be DEPARTMENT OF STATE used by SSA’s Office of the Inspector IV. Solicitation of Comments General (OIG) to interview beneficiaries [Public Notice No. 3464] Interested persons are invited to and/or their caregivers to determine Advisory Committee on Historical submit written data, views, and whether representative payees are Diplomatic Documentation; Notice of arguments concerning the foregoing, complying with their duties and Meeting including whether the proposed rule responsibilities. Respondents to this change is consistent with the Act. collection will be randomly selected The Advisory Committee on Persons making written submissions Supplemental Security Income Historical Diplomatic Documentation should file six copies thereof with the recipients and Social Security will meet in the Department of State, Secretary, Securities and Exchange beneficiaries that have representative 2201 ‘‘C’’ Street NW, Washington, D.C., Commission, 450 Fifth Street, NW., payees. December 11–12, 2000 in Conference Number of Respondents: 150. Room 1105. Prior notification and a 11 Existing Rule 4310(c)(21) is identical to the Frequency of Response: 1. valid photo are mandatory for entrance voting rights rules on the NYSE and Amex. See Average Burden Per Response: 15 into the building. One week before the NYSE Listed Company Manual Section 313 and Amex Company Guide Section 122. minutes. meeting, members of the public 12 15 U.S.C. 78o–3(b)(6). Estimated Annual Burden: 38 hours. planning to attend must notify Gloria 13 15 U.S.C. 78s(b)(3)(A)(i). Walker, Office of Historian (202–663– 14 17 CFR 240.19b–4(f)(3). 15 17 CFR 200.30–30–2(a)(12). 1124) providing relevant dates of birth,

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Social Security numbers, and telephone Implementation Act (‘‘the Act’’) (19 Section 201(b) of the Act authorizes numbers. U.S.C. 3331(b)) grants the President, the President to proclaim such The Committee’s sessions from 1:30 subject to the consultation and layover modifications in NAFTA duty treatment p.m. until 5:00 p.m. on Monday, requirements of section 103(a) of the Act as the President determines to be December 11, 2000, will be closed in (19 U.S.C. 3313(a)), the authority to necessary or appropriate to maintain the accordance with section 10(d) of the proclaim any accelerated schedule for general level of reciprocal and mutually Federal Advisory Committee Act (Pub. duty elimination that may be agreed to advantageous concessions provided in L. 92–463). The agenda calls for by the United States, Mexico and the NAFTA, subject to the consultation discussions of agency declassification Canada under Article 302(3) of the and layover requirements of section decisions concerning the Foreign North American Free Trade Agreement 103(a) of the Act. Pursuant to section Relations series. These are matters not (‘‘the NAFTA’’). This notice is intended 103(a), a report has been submitted to subject to public disclosure under 5 to inform the public of the list of the House Ways and Means and Senate U.S.C. 552b(c)(1) and the public interest products with respect to which the Finance Committees that sets forth the requires that such activities be withheld United States has provisionally agreed proposed action to be proclaimed, the from disclosure. The remaining session to accelerate the elimination of duties as reasons therefore, and the advice of the Committee will meet in open a result of the third round of obtained from the U.S. International session from 9:00 a.m. through 11:00 consultations with Mexico and Canada. Trade Commission (‘‘USITC’’) and a.m. on Tuesday, December 12, 2000, to FOR FURTHER INFORMATION CONTACT: Kent appropriate advisory committees. After discuss transfer of Department of State Shigetomi, Director, Mexico and expiration of the 60-day consultation electronic records to the National NAFTA Affairs, Office of Western and layover period, the President may Archives and Records Administration Hemisphere Affairs, Office of the United proclaim the proposed changes in and the modernization of the Foreign States Trade Representative, Room 523, NAFTA duty treatment. In developing Relations series. 600 17th Street, NW, Washington, DC, the list of products proposed for tariff Questions concerning the meeting 20508; telephone: (202) 395–3412; fax: acceleration, USTR considered the should be directed to David Patterson, (202) 395–9517. The list of products advice of the USITC and consulted with Acting, Executive Secretary, Advisory with respect to which the United States the appropriate private sector trade Committee on Historical Diplomatic has provisionally agreed to accelerate advisory groups. As was the practice Documentation, Department of State, tariff elimination, as well as the lists for under the prior NAFTA and United Office of the Historian, Washington, DC, Mexico can be obtained from the USTR States-Canada Free Trade Agreement 20520, telephone (202) 663–1127, (e- Internet Web Page, at www.ustr.gov tariff acceleration processes, the United under [World Regions/Western mail [email protected]). States did not agree to provide Hemisphere/North American Free Trade Dated: November 17, 2000. accelerated tariff elimination for any Agreement/NAFTA Reports and products with respect to which the David Patterson, Publications]. Acting Executive Secretary. domestic industry opposed tariff SUPPLEMENTARY INFORMATION: Article [FR Doc. 00–30141 Filed 11–24–00; 8:45 am] elimination. The United States has 302(3) of the NAFTA provides that the BILLING CODE 4710±11±U agreed to accelerated tariff elimination, Parties may consider and agree to effective January 1, 2001, on the accelerate the elimination of customs products listed in the Annex to this duties set out in their schedules. notice. These products currently are OFFICE OF THE UNITED STATES Pursuant to this provision, on May 27, TRADE REPRESENTATIVE dutiable when entered from Mexico 1999, the Office of the U.S. Trade under the NAFTA. Each of these Implementation of the Third Round of Representative (‘‘USTR’’) published a products was considered during the Accelerated Tariff Eliminations Under Federal Register notice (64 FR 28857) second round of tariff acceleration Provisions of the North American Free soliciting petitions from interested discussions, but no agreement was Trade Agreement persons regarding products for which reached at that time. However, the accelerated tariff elimination would be Governments agreed to continue AGENCY: Office of the United States appropriate. For trade between the appropriate domestic procedures with Trade Representative. United States and Canada, all duties the goal of reaching agreement at a later ACTION: Notification of articles proposed subject to tariff reductions were date (63 FR 32036). Such agreements for accelerated tariff elimination under eliminated on January 1, 1998. have now been reached on the products the North American Free Trade Therefore, this acceleration round has listed. Agreement. resulted in two parallel agreements, one between the United States and Mexico Peter Allgeier, SUMMARY: Section 201(b) of the North and another between Mexico and Associate U.S. Trade Representative for the American Free Trade Agreement Canada. Western Hemisphere.

LIST OF HTS SUBHEADINGS FOR WHICH THE UNITED STATES HAS PROVISIONALLY AGREED TO ACCELERATE ELIMINATION OF DUTIES FOR NAFTA QUALIFYING GOODS OF MEXICO

2905.17.00 6402.99.18 6403.51.90 6403.99.40 2921.30.10 6403.19.10 6403.59.30 6403.99.60 6402.19.05 6403.19.30 6403.59.60 6403.99.75 6402.30.30 6403.19.50 6403.59.90 6403.99.90 6402.91.40 6403.40.30 6403.91.30 6405.10.00 6402.99.05 6403.40.60 6403.91.60 6405.20.30 6402.99.10 6403.51.30 6403.91.90 6405.20.90 6403.51.60 6403.99.20 6405.90.90

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[FR Doc. 00–30138 Filed 11–24–00; 8:45 am] Investigator, GRI, telephone: (773) 399– (Contract DTRS–56–96–C–0010) 1 by BILLING CODE 3901±01±P 8223, FAX: (773) 864–3495, e-mail: looking at the circumferential magnetic [email protected]. flux leakage field instead of the traditional axial field and extends the DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: critical assessment criteria research to I. Background work with full scale samples that are Research and Special Programs being used for MFL measurements. The Administration RSPA has entered into a Cooperative goal of the research is to evaluate and [Cooperative Agreement DTRS656±00±H± Agreement (Cooperative Agreement develop techniques for assessing 0004] DTRS656–00–H–0004) with the Gas pipeline metal loss, mechanical damage, Research Institute (GRI) to co-fund a two and cracks using circumferential MFL. Quarterly Performance Review Meeting year research program to identify and These techniques are expected to on the Cooperative Agreement ``Better characterizing mechanical damage, the complement the techniques used for Understanding of Mechanical Damage leading cause of reportable accidents in axial MFL systems. in Pipelines'' both gas and hazardous liquid pipelines, The research will extend the failure using the technology of magnetic flux assessment methodology for AGENCY: Research and Special Programs leakage (MFL) oriented in the mechanically damaged pipes to include Administration (RSPA), DOT. circumferential direction on an in-line the influence of local cold working due ACTION: Notice of meeting. inspection tool. to the gouging/denting process on the pipe’s remaining life. The program will We plan to conduct public semi- SUMMARY: RSPA has entered into a combine full scale tests and MFL annual quarterly performance review cooperative agreement with the Gas monitoring of pipes, laboratory tests and meetings for the duration of this Research Institute (GRI) to co-fund a two elastic-plastic finite element analyses to research. This meeting is the first semi- year research program to identify and develop a validated methodology for annual one to be conducted to update characterizing mechanical damage, the determining the remaining life of a the public and interested governmental leading cause of reportable accidents in damaged pipe. The proposed SwRI parties on the research, such as pipeline both gas and hazardous liquid pipelines, research will complement the work at operators, vendors, RSPA technical and using the technology of magnetic flux Battelle in developing MFL methods for regional staff and the National leakage (MFL) oriented in the detecting and characterizing mechanical Transportation Safety Board. Semi- circumferential direction on an in-line damage. inspection tool. RSPA along with GRI annual meetings in the future will be invite the pipeline industry, in-line held in conjunction with industry III. Agenda for the Meeting inspection (‘‘smart pig’’) vendors, and meetings, such as the American The following is the agenda for the the general public to a quarterly Petroleum Institute Pipeline Conference, meeting: in order to reach a broad audience. We performance review meeting hosted by ‘‘Overview of DOT/GRI project for want the pipeline industry and RSPA to report on progress with the finding and characterizing in-line especially that segment of the pipeline research ‘‘Better Understanding of inspection for mechanical damage’’— industry involved with in-line Mechanical Damage in Pipelines.’’ The Lloyd Ulrich-DOT (15 min) meeting is open to anyone, and no inspection to be aware of the status of ‘‘Project History and Impact of the In- registration is required. This work is this research. The meetings allow Line Inspection for Mechanical being managed by GRI and performed disclosure of the results to interested Damage.’’—Harvey Haines-GRI (15 by Battelle Memorial Institute (Battelle), parties and provide an opportunity for min) along with the Southwest Research interested parties to ask questions ‘‘Defect Manufacture and installation’’— Institute (SwRI). The meeting will cover concerning the research. Attendance at Tom Bubenik-Battelle (30 min) a review of the overall project plan, the this meeting is open to all and does not ‘‘Circumferential Magnetizer design and status of the contract tasks, progress require advanced registration nor construction’’—Bruce Nestleroth- made during the past quarter, and advanced notification to RSPA. Each of Battelle (30 min) projected activity for the next quarter. the semi-annual meetings will be Break announced in the Federal Register at DATES: The quarterly performance ‘‘Non-Linear Harmonics Measurement review meeting will be held on least two weeks prior to the meeting. and test set-up’’—Al Crouch-SwRI (30 Thursday, December 7, 2000 beginning The quarterly performance review min) ‘‘Burst test Setup’’—Al Crouch-SwRI (10 at 9 a.m. and ending around 1 p.m. meetings held between the semi-annual meetings described above will be held min) ADDRESSES: The quarterly review ‘‘Tool Development for Implementation meeting will be held in room 6244 of in conjunction with meetings of the joint GRI/PRCI Technical Committee. in Actual Pipelines’’—Carl Torres- the Department of Transportation Tuboscope (30 min) Headquarters Building, 400 7th Street, II. The Research ‘‘Wrap up and comments’’—Ulrich & SW., Washington, DC. Non-federal Haines (10–15 min) personnel must enter the building This research continues work that Issued in Washington, DC on November 20, through the southwest entrance at 7th DOT supported at Battelle to improve 2000. and E Streets, SW., in order to receive In-Line Inspection NDE measurements Jeffrey D. Wiese, a temporary building pass. of mechanical damage and more closely coordinates work that GRI is supporting Manager, Program Development, Office of FOR FURTHER INFORMATION CONTACT: Pipeline Safety. at SwRI to develop a critical assessment Lloyd W. Ulrich, Agreement Officer’s [FR Doc. 00–30053 Filed 11–24–00; 8:45 am] Technical Representative, Office of criteria based on these NDE BILLING CODE 4910±60±P Pipeline Safety, telephone: (202) 366– measurements. This program extends the work conducted under the DOT- 4556, FAX: (202) 366–4566, e-mail: 1 The final report on this research dated June [email protected]. You may also funded contract ‘‘Detection of 2000 is available on the OPS web site, http:// contact Harvey Haines, Principal Mechanical Damage in Pipelines’’ ops.dot.gov.

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DEPARTMENT OF THE TREASURY Recordkeeping Requirement ID Officer listed. Comments regarding this Number: ATF REC 5210/12 and ATF information collection should be Submission for OMB Review; REC 5210/1. addressed to the OMB reviewer listed Comment Request Type of Review: Extension. and to the Treasury Department Title: Tobacco Products Clearance Officer, Department of the October 16, 2000. Manufacturers—Notice For Tobacco Treasury, Room 2110, 1425 New York The Department of Treasury has Products (5210/12); and Records of Avenue, NW., Washington, DC 20220. submitted the following public Operations (5210/1). DATES: Written comments should be information collection requirement(s) to Description: Tobacco products received on or before December 27, 2000 OMB for review and clearance under the manufacturers maintain a record system to be assured of consideration. Paperwork Reduction Act of 1995, showing tobacco and tobacco product Public Law 104–13. Copies of the receipts, production and dispositions Internal Revenue Service (IRS) submission(s) may be obtained by which support removals subject to tax; OMB Number: 1545–0949. calling the Treasury Bureau Clearance transfers in bond; and inventory Form Number: IRS Form 2587. Officer listed. Comments regarding this records. These records are vital to tax information collection should be enforcement. Type of Review: Extension. addressed to the OMB reviewer listed Respondents: Business or other for- Title: Application for Special and to the Treasury Department profit. Enrollment Examination. Clearance Officer, Department of the Estimated Number of Respondents: Description: This information relates Treasury, Room 2110, 1425 New York 108. to the determination of the eligibility of Avenue, NW., Washington, DC 20220. Estimated Burden Hours Per individual seeking enrollment status to DATES: Written comments should be Recordkeeper: 1. practice before the Internal Revenue received on or before December 27, 2000 Estimated Total Reporting Burden: 1 Service. to be assured of consideration. hour. Respondents: Individuals or Clearance Officer: Frank Bowers, households. Bureau of Alcohol, Tobacco and (202) 927–8930, Bureau of Alcohol, Estimated Number of Respondents: Firearms (BATF) Tobacco and Firearms, Room 3200, 650 8,000. OMB Number: 1512–0021. Massachusetts Avenue, NW., Estimated Burden Hours Per Form Number: ATF F 4587 (5330.4). Washington, DC 20226. Respondent: 6 minutes. Type of Review: Extension. OMB Reviewer: Alexander T. Hunt, Frequency of Response: Other (one- Title: Application to Register as an (202) 395–7860, Office of Management time filing). and Budget, Room 10202, New Importer of U.S. Munitions Import List Estimated Total Reporting Burden: Executive Office Building, Washington, Articles. 800 hours. Description: Filing of this form with DC 20503. OMB Number: 1545–1145. ATF and payment of the associated fee Lois K. Holland, Form Number: IRS Form 706–GS(T) authorizes the registrant to import U.S. Departmental Reports Management Officer. Munitions Import List articles, such as and Schedules A and B. [FR Doc. 00–30066 Filed 11–24–00; 8:45 am] firearms, ammunition, military vehicles, Type of Review: Extension. aircraft, vessels of war, etc. Maintenance BILLING CODE 4810±31±M Title: Generation-Skipping Transfer of this form by ATF allows Tax Return For Terminations. Description: Form 706–GS(T) is used determinations about the eligibility of DEPARTMENT OF THE TREASURY an entity to import such articles into the by trustees to compute and report the Federal Generation-Skipping Tax (GST) U.S. Submission for OMB Review; tax imposed by Internal Revenue Code Respondents: Business or other for- Comment Request profit. (IRC) section 2601. IRS uses the Estimated Number of Respondents: November 17, 2000. information to enforce this tax and to 300. The Department of Treasury has verify that the tax has been properly Estimated Burden Hours Per submitted the following public computed. Respondent: 30 minutes. information collection requirement(s) to Respondents: Individuals or Frequency of Response: Other OMB for review and clearance under the households. (optionally for 1 to 5 years). Paperwork Reduction Act of 1995, Estimated Number of Respondents/ Estimated Total Reporting Burden: Public Law 104–13. Copies of the Recordkeepers: 100. 150 hours. submission(s) may be obtained by Estimated Burden Hours Per OMB Number: 1512–0502. calling the Treasury Bureau Clearance Respondent/Recordkeeper:

Copying, as- Learning about sembling, and Recordkeeping the Preparing the sending the Form (minutes) law or the form form to the form (minutes) IRS (minutes) (minutes)

705±GS(T) ...... 39 32 32 20 Schedule A ...... 13 13 37 20 Schedule B ...... 13 9 19 20

Frequency of Response: Annually. OMB Number: 1545–1558. Revenue Ruling Number: Revenue Estimated Total Reporting/ Revenue Procedure Number: Revenue ruling 97–39. Recordkeeping Burden: 702 hours. procedure 97–43. Type of Review: Extension.

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Title: Procedures for Electing Out of provides taxpayers additional mark-to- 1111 Constitution Avenue, NW, Exemptions Under Section 1.475(c)–1 market guidance in a questions and Washington, DC 20224. (97–53); and Mark-to-Market answer format. OMB Reviewer: Alexander T. Hunt, Accounting Method for Dealers in Respondents: Business or other for- (202) 395–7860, Office of Management Securities (97–39). profit. and Budget, Room 10202, New Description: Revenue procedure 97– Estimated Number of Reporting: 200. Executive Office Building, Washington, 43 provides taxpayers automatic Estimated Burden Hours Per DC 20503. consent to change to mark-to-market Respondent: 5 hours. accounting for securities after the Estimated Total Reporting Burden: Lois K. Holland, taxpayer elects under section 1.475(c)– 1,000 hours. Departmental Reports Management Officer. 1, subject to specified terms and Clearance Officer: Garrick Shear, [FR Doc. 00–30067 Filed 11–24–00; 8:45 am] conditions. Revenue Ruling 97–39 Internal Revenue Service, Room 5244, BILLING CODE 4830±01±U

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Corrections Federal Register Vol. 65, No. 228

Monday, November 27, 2000

This section of the FEDERAL REGISTER FEDERAL TRADE COMMISSION Thursday, November 16, 2000, the contains editorial corrections of previously docket number is corrected to read as published Presidential, Rule, Proposed Rule, 16 CFR Part 1 set forth above. and Notice documents. These corrections are prepared by the Office of the Federal Federal Civil Penalties Inflation [FR Doc. C0–29286 Filed 11–24–00; 8:45 am] Register. Agency prepared corrections are Adjustment Act of 1990, as Amended BILLING CODE 1505±01±D issued as signed documents and appear in by the Debt Collection Improvement the appropriate document categories Act of 1996 elsewhere in the issue. DEPARTMENT OF TRANSPORTATION Correction In rule document 00–29469 beginning Federal Aviation Administration DEPARTMENT OF ENERGY on page 69665 in the issue of Monday, November 20, 2000, make the following 14 CFR Part 93 Federal Energy Regulatory correction: Commission [Docket No. FAA±1999±5926] § 1.98 [Corrected] On page 69666, in the second column, RIN 2120±AG74 [Docket No. ER97±4185±001, et al.] under the authority citation, add the Texas±New Mexico Power Company, et following amendatory instruction: Modification of the Dimensions of the ‘‘3. Revise §1.98 to read as follows:’’ al.; Electric Rate and Corporate Grand Canyon National Park Special Regulation Filings [FR Doc. C0–29469 Filed 11–24–00; 8:45 am] Flight Rules Area and Flight Free BILLING CODE 1505±01±D Zones Correction Correction In notice document 00–28876 SECURITIES AND EXCHANGE In rule document 00–29622 beginning beginning on page 67738 in the issue of COMMISSION Monday, November 13, 2000, make the on page 69846 in the issue of Monday, [Release No. 34±43504; File No. SR± November 20, 2000, make the following following correction: MBSCC±00±01] correction: On page 67738, in the second column, under the heading, 2. Dominion Nuclear Self±Regulatory Organizations; MBS §§ 93.305 and 93.307 [Corrected] Marketing III, Inc., the docket number Clearing Corporation; Order Approving On page 69847, in the third column, should read ‘‘Docket No. ER00–3746– a Proposed Rule Change Relating to in amendatory instruction 2., in the 001’’. Letters of Credit seventh line, ‘‘because’’ should read [FR Doc. C0–28876 Filed 11–24–00; 8:45 am] Correction ‘‘become’’. BILLING CODE 1505±01±D In notice document 00–29286 [FR Doc. C0–29622 Filed 11–24–00; 8:45 am] beginning on page 69356 in the issue of BILLING CODE 1505±01±D

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Part II

Department of the Treasury Community Development Financial Institutions Fund

Notice of Funds Availability (NOFA) Inviting Applications for the Community Development Financial Institutions Program—Small and Emerging CDFI Assistance (SECA) Component; Notice

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DEPARTMENT OF THE TREASURY and 2000, through which the Fund TA. This NOFA invites applications provided TA to CDFIs and entities from eligible organizations for TA or for Community Development Financial proposing to becoming CDFIs. a combination of TA and FA for the Institutions Fund DATES: Applications may be submitted purpose of promoting community on and following November 27, 2000 up development activities. Notice of Funds Availability (NOFA) to the application deadline. The The program connected with this Inviting Applications for the deadline for receipt of an application is Community Development Financial NOFA constitutes the SECA Component 6 p.m. EST, March 27, 2001. of the CDFI Program, involving direct Institutions ProgramÐSmall and Applications received in the offices of Emerging CDFI Assistance (SECA) FA and/or TA to CDFIs that provide the Fund after that date and time will loans, investments and other activities Component be rejected and returned to the sender. to their target markets. Under this SECA AGENCY: Community Development ADDRESSES: Applications shall be sent Component NOFA, the Fund anticipates Financial Institutions Fund, Department to: Awards Manager, Community making a maximum TA award in the of the Treasury. Development Financial Institutions amount of $50,000 to any one applicant ACTION: Notice of Funds Availability Fund, U.S. Department of the Treasury, seeking TA only. However, the Fund, in (NOFA) inviting applications. 601 13th Street, NW., Suite 200 South, its sole discretion, reserves the right to Washington, DC 20005. Applications award amounts in excess of the SUMMARY: sent electronically or by facsimile will The Community Development anticipated maximum amount of TA if Banking and Financial Institutions Act not be accepted. the Fund deems it appropriate. Also, of 1994 (12 U.S.C. 4701 et seq.) (the FOR FURTHER INFORMATION CONTACT: If under the SECA Component, the Fund ‘‘Act’’) authorizes the Community you have any questions about anticipates making a maximum FA Development Financial Institutions programmatic requirements, contact the award in the amount of $150,000. Fund (the ‘‘Fund’’) of the U.S. SECA Program Manager. Should you Together with the $50,000 maximum Department of the Treasury to select and wish to request an application package TA award, the maximum award provide financial and technical or have questions regarding application available to any one applicant seeking assistance to eligible applicants under procedures, contact the Awards FA and TA will be $200,000. Under the the Community Development Financial Manager. The SECA Program Manager SECA Component, applicants seeking Institutions (‘‘CDFI’’) Program. The and the Awards Manager may be interim rule (12 CFR part 1805), most reached by e-mail at FA must also request TA. recently revised and published in the [email protected], by telephone at Previous awardees of FA under the Federal Register on August 14, 2000, (202) 622–8662, by facsimile at (202) CDFI Program (i.e., those that were provides guidance on the contents of the 622–7754 (these are not toll free selected by the Fund prior to necessary application materials, numbers), or by mail at CDFI Fund, 601 submission of the SECA Component evaluation criteria, and other program 13th Street, NW., Suite 200 South, application to receive FA) are eligible to requirements. More detailed application Washington, DC 20005. Allow at least apply for TA only under this NOFA. content requirements are found in the one to two weeks from the date the Any previous awardee of TA only under application packet. While the Fund Fund receives an application request for the CDFI Program, any entity not encourages applicants to review the receipt of the application package. previously selected for an award under interim rule, all of the application Application materials and other the CDFI Program, or any previous content requirements and the evaluation information regarding the Fund and its awardee under another Fund program is criteria contained in the interim rule are programs may be downloaded from the eligible to apply for TA, or a also contained in the application packet. Fund’s web site at http://www.treas.gov/ combination of FA and TA, under this Subject to funding availability, the Fund cdfi. NOFA, provided it also meets the intends to award up to $10 million in SUPPLEMENTARY INFORMATION: definition of a ‘‘small and emerging’’ appropriated funds under this NOFA CDFI, as defined in this NOFA. Previous I. Background and expects to issue approximately 70 Fund awardees must be aware that to 100 awards. The Fund reserves the Credit and investment capital are success in a previous funding round right to award in excess of $10 million essential ingredients for developing should not be considered indicative of in appropriated funds under this NOFA affordable housing, starting or success under this NOFA. In addition, provided that funds are available and expanding businesses, creating and organizations will not be penalized for the Fund deems it appropriate. The retaining jobs from these businesses, having previously received awards from Fund reserves the right to fund, in revitalizing neighborhoods, and the Fund, except as mentioned above whole or in part, any, all or none of the empowering people. Access to financial and to the following extent: applications submitted in response to services is critical to help bring more this NOFA. Americans into the economic (1) The Fund is generally prohibited This NOFA is issued in connection mainstream. As a key urban and rural from obligating more than $5 million in with the SECA Component of the CDFI policy initiative, the CDFI Program assistance, in the aggregate, under the Program. The SECA Component funds and supports a national network CDFI Program, to any one organization provides direct assistance to CDFIs and of financial institutions that is and/or its subsidiaries and affiliates entities that propose to become CDFIs in specifically dedicated to funding and during any three year period; and order to enhance their capacity to serve supporting community development. (2) The Fund reserves the right not to their respective Target Markets. The This strategy builds strong institutions make an award to a previous CDFI SECA Component includes direct that make loans and investments and Program awardee that has failed to meet assistance in the form of technical provide services to economically its performance goals, financial assistance (TA) and financial assistance distressed investment areas and in soundness covenants (if applicable), (FA). The SECA Component replaces economically disadvantaged targeted and/or certain other terms, conditions or the TA Component of the CDFI Program, populations. The Act authorizes the requirements contained in previously administered by the Fund in 1998, 1999 Fund to select entities to receive FA and executed assistance agreement(s).

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II. Eligibility fiscal year that ended prior to March 1, deadline for specific applicants selected The Act and the interim rule specify 2001 and (ii) prior to the date of for assistance, if the Fund deems it the eligibility requirements that each application for SECA Component funds, appropriate. Funds used by an applicant applicant must meet in order to be has never been selected to receive FA as matching funds for a previous award eligible to apply for assistance under under the CDFI Program. under the CDFI Program or under An applicant that is a Depository this SECA Component NOFA. At the another Federal grant or award program Institution Holding Company or an time an entity submits its application, cannot be used to satisfy the Insured Depository Institution will be the entity must be a duly organized and aforementioned matching funds considered a ‘‘small and emerging’’ validly existing legal entity under the requirement. entity if it (i) prior to the date of laws of the jurisdiction in which it is application for SECA Component funds, VI. Evaluation incorporated or otherwise established. has never been selected to receive FA Also, an entity must meet, or propose to Applications received will be under the CDFI Program and (ii) meet, CDFI certification eligibility reviewed for eligibility and received its original charter from the completeness. If determined to be requirements. appropriate regulatory agency no more If the applicant does not meet the eligible and complete, applications will than three years prior to the date of this CDFI eligibility requirements, the be evaluated by the Fund on a NOFA. For purposes of this NOFA, the application shall include a realistic plan competitive basis in accordance with Fund will not consider the asset size of for the applicant to meet the CDFI the criteria described in this NOFA. In a Depository Institution Holding certification criteria by March 27, 2003 conducting its substantive review, the Company or Insured Depository (the deadline may be extended at the Fund will evaluate applications Institution in evaluating whether such sole discretion of the Fund). In no event according to the criteria, and use the an entity is ‘‘small and emerging.’’ will the Fund disburse FA to the procedure described, in this NOFA. applicant until the applicant is certified III. Types of Assistance Phase One as a CDFI. The Fund, in its sole An applicant under this NOFA may In Phase One of the substantive discretion, may disburse TA to an submit an application for a TA grant or applicant prior to its certification as a review, each Fund reader will evaluate for both FA and TA. FA may be applications on a 100-point scale, using CDFI in circumstances when, in the provided in the form of an equity judgment of the fund, said TA will help the following criteria and allocation of investment (including, in the case of points: the applicant meet a certification certain insured credit unions, secondary requirement(s). Further details regarding (a) Comprehensive Business Plan: 60 capital accounts), grant, loan, deposit, point maximum; with a minimum score eligibility and other program credit union shares, or any combination requirements are found in the of 30 points required to advance to thereof. Applicants for FA shall indicate Phase Two review (TA only applicants); application packet. the dollar amount, form, and terms and In general, to be certified, a CDFI and or 70 point maximum, with a minimum conditions of the assistance requested. score of 35 points required to advance its affiliates must collectively have a Applicants for TA under this NOFA primary mission of promoting to Phase Two review (applicants seeking shall describe the type(s) of TA TA and FA combined). The score for the community development. In addition, requested, when the TA will be the applicant organization must: Comprehensive Business Plan is based acquired, the provider(s) of the TA, the on a composite assessment of an provide loans or equity investments, cost of the TA, and a narrative serve an investment area or a targeted applicant’s strength and weaknesses explanation of how the TA will enhance under five sub-criteria for TA only population, provide development their community development impact. services, maintain community applicants and six sub-criteria for those accountability, and be a non- IV. Application Packet applicants seeking TA and FA. Scoring of the sub-criteria is weighted to reflect governmental entity. If an applicant is a An applicant under this NOFA, whether the applicant is a start-up Depository Institution Holding whether applying for TA or both FA and organization or an established Company or an affiliate of a Depository TA, must submit the materials described organization. The Fund defines a start- Institution Holding Company, the in the application form. applicant and its affiliates must up organization as an entity that has collectively meet all eligibility V. Matching Funds been in operation three years or less, as requirements. If an applicant is a Applicants seeking FA under this of the date of this NOFA (meaning, for subsidiary of an insured depository NOFA must obtain matching funds from purposes of this NOFA, having incurred institution, the insured depository sources other than the Federal initial operating expenses on or after institution and all of its subsidiaries government on the basis of not less than November 27, 1997). must collectively meet all of the one dollar for each dollar of FA The sub-criteria are: eligibility requirements. provided by the Fund (matching funds (1) Community development tract In addition to the above, there are are not required for TA). Matching record (established organizations only): other eligibility factors for applicants funds must be at least comparable in 10 point maximum; seeking FA (and TA) under the SECA form and value to the FA provided by (2) Financial and operational Component. Applicants for FA and TA the Fund. Non-Federal funds obtained capacity: 10 point maximum (as opposed to TA only under the SECA or legally committed on or after January (established organizations); 4 point Component) must be ‘‘small and 1, 1999, and before December 31, 2002, maximum (start-ups); emerging’’ entities. With respect to an may be considered when determining (3) Capacity, skills and experience of entity that is not a Depository matching funds availability. The Fund the management team: 14 point Institution Holding Company or an reserves the right to recapture and maximum (established organizations); Insured Depository Institution, a ‘‘small reprogram funds if an applicant fails to and 30 point maximum (start-ups); and emerging’’ entity is one that (i) raise the required matching funds by (4) Market analysis, program design possesses total assets of $5 million or December 31, 2002, or to grant an and implementation plan, and funding less as of the last day of its most recent extension of such matching funds sources: 14 point maximum;

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(5) Projected activities and objectives as set forth in its decision, the Fund’s selecting official community development impact: 12 Comprehensive Business Plan; the also may consider the institutional point maximum; and proposed capacity-building activity diversity and geographic diversity of (6) Financial projections and would otherwise be contracted to a applicants (e.g., selecting a CDFI from a resources: 10 point maximum (TA only consultant or not be undertaken; and the State in which the Fund has not applicants will not be evaluated under staff person assigned to the proposed previously made an award over a CDFI this sub-criterion). task has the competence to successfully in a State in which the Fund has already In the case of an applicant that has complete the activity. made several awards). previously received TA from the Fund This limited use of TA may cover Further, the Fund’s selecting official under the CDFI Program, the Fund will only that portion of a staff person(s) will make a final funding determination consider whether the applicant will salary that represents the time that staff based on the applicant’s file, including, expand its operations into a new Target person(s) spends on the identified without limitation, recommendations of Market, offer more products or services, capacity-building activities, but must the Phase One reader(s), the Phase Two improve the quality of its products and not exceed 50% of said salary for a reviewer, the panel, if applicable, and services, and/or increase the volume of period not to exceed 24 months. For the amount of funds available. In the its activities. The Fund will consider the example, it may be an eligible use of a case of regulated CDFIs, the selecting applicant’s level of success in meeting TA grant to pay the salary of staff official will also take into consideration its performance goals, financial assigned the task of updating a market the views of the appropriate Federal soundness covenants (if applicable), and analysis or designing underwriting banking agencies. In the case of other requirements contained in its criteria for a new loan product, when recommendations for TA awards over existing assistance agreement(s) with the market analysis or the loan product $50,000, the Fund will seek to ensure the Fund, and the benefits that will be is critical to achieving the objectives of that there is a likelihood of significant created with new Fund assistance over the Comprehensive Business Plan. A TA community development impact and above benefits created by previous award may not be used to assist an resulting from such awards. Fund assistance. awardee to prepare an application for The Fund reserves the right to change (b) Technical Assistance Proposal funding to the Fund or any other source. these evaluation procedures if the Fund (TAP): 40 point maximum; with a deems it appropriate. minimum score of 20 points to advance Phase Two to Phase Two review (TA only Once the initial substantive V. Waiver applicants); or 30 point maximum with evaluation process is complete, the The CDFI Program Regulations at 12 a 15 point minimum to advance to Fund will determine which applications CFR §§ 1805.504(d)(4)(i)(A) and Phase Two review (applicants seeking will receive further consideration for 1805.504(d)(4)(i)(B) provide that an FA and TA combined). The TAP funding. The Fund will make that applicant that is an Insured Credit provides the applicant with an determination based on application Union proposing to meet all or a portion opportunity to address the scores (standardized if deemed of its matching funds requirements by organizational improvements needed to appropriate), recommendations of using retained earnings that have been achieve the objectives of its individuals performing initial reviews, accumulated since its inception must comprehensive business plan. Such and the amount of funds available. increase its member and/or non-member assessment is accompanied by a budget Applicants that advance to Phase Two shares by an amount that is at least and a TA award request. In the TAP, the may receive a site visit(s) and/or equal to four times the amount of applicant should describe how telephone interview(s) conducted by a retained earnings that is committed as improving its organization will translate Fund reviewer for the purpose of matching funds within 24 months from to community development impact, obtaining clarifying or confirming September 30 of the calendar year in particularly within its Target Market. information. At this point in the which the applicable application The budget and accompanying narrative process, applicants may be required to deadline falls. For purposes of this will be evaluated for the eligibility of submit additional clarifying information NOFA, the Fund is waiving said four- proposed uses of the TA award. Eligible about their application in order to assist fold requirement and will instead types of TA award uses include, but are the Fund with its final evaluation. After require that such an Insured Credit not limited to, the following: (1) conducting such site visit(s) and/or Union applicant must increase its acquiring consulting services; (2) paying telephone interview(s), the Fund member and/or non-member shares by staff salary for the limited purposes of reviewer will evaluate applications in an amount that is at least equal to two completing tasks and/or fulfilling accordance with the criteria outlined times the amount of retained earnings functions that are otherwise eligible TA above and will prepare a that is being used as matching funds by award uses under this NOFA; (3) recommendation memorandum September 30, 2003. The Fund believes acquiring/enhancing technology items; regarding the type, uses and amount, if that changing this requirement, for and (4) acquiring training for staff or any, of assistance that should be purposes of the SECA Component management. The Fund will not provided to the applicant. NOFA, from a four-fold to a two-fold consider requests under this NOFA for The Fund reserves the right, in its sole requirement is an appropriate expenses that, in the determination of discretion, to use a review panel accommodation for entities that are the Fund, are deemed to be ongoing comprised of Fund staff to consider ‘‘small and emerging.’’ operating expenses rather than non- each Fund reviewer’s recommendation recurring expenses. The Fund will memorandum and make a final VI. Information Sessions consider requests for use of TA to pay recommendation to the Fund’s selecting In connection with this NOFA, the for staff salary only when the applicant official. The Fund’s selecting official Fund will conduct Information Sessions demonstrates and represents that: the will consider the panel’s to disseminate information to proposed staff time to be paid for by the recommendation, if applicable, and the organizations contemplating applying TA will be used for, generally speaking, reviewer’s recommendation for, and other organizations interested a non-recurring activity that will build memorandum in order to make the final in learning about, the SECA Component the applicant’s capacity to achieve its funding decision. In making the funding of the CDFI Program. Registration is

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Reader Aids Federal Register Vol. 65, No. 228 Monday, November 27, 2000

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR 250...... 65707 251...... 65707 Presidential Documents Proclamations: 272...... 70134 1694 (See Proc. Executive orders and proclamations 523±5227 273...... 70134 7373) ...... 69221 274...... 70134 The United States Government Manual 523±5227 1843 (See Proc. 277...... 70134 7373) ...... 69221 301...... 66487 Other Services 1916 (See Proc. 718...... 65718 523±4534 7373) ...... 69221 Electronic and on-line services (voice) 905...... 66601, 69851 2499 (See Proc. Privacy Act Compilation 523±3187 928...... 70279 7373) ...... 69221 Public Laws Update Service (numbers, dates, etc.) 523±6641 929...... 65707 3506 (See Proc. TTY for the deaf-and-hard-of-hearing 523±5229 931...... 65253 7373) ...... 69221 944...... 66601 7370...... 67247 946...... 70461 ELECTRONIC RESEARCH 7371...... 67605 947...... 66489 7372...... 68871 World Wide Web 966...... 66492 7373...... 69221 1011...... 70464 Full text of the daily Federal Register, CFR and other 7374...... 69227 1205...... 70643 publications: 7375...... 69231 1411...... 65709 7376...... 69235 http://www.access.gpo.gov/nara 1421...... 65709 7377...... 69653 1424...... 67608 Federal Register information and research tools, including Public 7378...... 69849 1427...... 65709, 65718 Inspection List, indexes, and links to GPO Access: 7379...... 70273 1434...... 65709 http://www.nara.gov/fedreg 7380...... 70275 1439...... 65709 7381...... 70277 E-mail 1447...... 65709 Executive Orders: 1464...... 65718 PENS (Public Law Electronic Notification Service) is an E-mail 12866 (See EO 1469...... 65718 service for notification of recently enacted Public Laws. To 13175) ...... 67249 1710...... 69657 subscribe, send E-mail to 12988 (See EO 2812...... 69856 13175) ...... 67249 [email protected] Proposed Rules: 13067 (See Notice of with the text message: 868...... 66189 October 31, 2000)...... 66163 923...... 67584 subscribe PUBLAWS-L your name 13084 (Revoked by 927...... 66935 EO 13175)...... 67249 Use [email protected] only to subscribe or unsubscribe to 929...... 65788 13132 (See EO PENS. We cannot respond to specific inquiries. 1930...... 65790 13175) ...... 67249 1944...... 65790 Reference questions. Send questions and comments about the 13174...... 65705 Federal Register system to: 13175...... 67249 8 CFR [email protected] Administrative Orders: 103...... 67616 The Federal Register staff cannot interpret specific documents or Memorandums: 214...... 67616 regulations. Memorandums of April 29, 1994 (See EO 9 CFR 13175) ...... 67249 FEDERAL REGISTER PAGES AND DATE, NOVEMBER 77...... 70284 October 31, 2000...... 66599 78...... 68065 65253±65704...... 1 Notices: 93...... 67617, 69237 65705±66164...... 2 October 31, 2000...... 66163 94...... 65728 66165±66482...... 3 November 9, 2000...... 68061 97...... 65729 November 9, 2000...... 68063 66483±66600...... 6 Proposed Rules: 66601±66922...... 7 Presidential Determinations: 130...... 67657 No. 2001±03 of 66923±67248...... 8 October 28, 2000 ...... 66843 10 CFR 67249±67604...... 9 67605±68064...... 13 4 CFR 110...... 70287 68065±68870...... 14 Ch. II ...... 70405 Proposed Rules: 68871±69236...... 15 35...... 65793 69237±69430...... 16 5 CFR 430...... 66514, 70386 1209...... 67607 69431±69654...... 17 11 CFR 69655±69848...... 20 2634...... 69655 104...... 70644 69849±70272...... 21 2635...... 69655 Proposed Rules: 70273±70460...... 22 2638...... 69655 100...... 66936 70461±70642...... 24 7 CFR 102...... 66936 70643±70768...... 27 52...... 66485 104...... 66936

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12 CFR Ch. VII...... 66514 520...... 70661, 70662 2510...... 69606 922...... 70324, 70537 522...... 70662 204...... 69857 30 CFR 226...... 70465 524...... 66619 16 CFR Proposed Rules: 558 ...... 65270, 66620, 66621 62...... 66929 3...... 66193 1...... 69665, 70761 600...... 66621, 67477 906...... 70478 208...... 66193 2...... 67258 606...... 66621, 67477 920...... 66929 225...... 66193 4...... 67258 808...... 66636 931...... 65770 325...... 66193 305...... 65736 820...... 66636 938...... 66170 516...... 66118 311...... 69665 866...... 70305 943...... 70486 517...... 66118 1211...... 70656 1308...... 69442 946...... 65779 543...... 66118 Proposed Rules: Proposed Rules: Proposed Rules: 544...... 66116, 66118 303...... 69486 310...... 70538 203...... 69259, 70386 545...... 66118 1026...... 66515 314...... 66675 550...... 66118 606...... 69378 31 CFR 552...... 66116 17 CFR 610...... 69378 Ch. IX...... 70390 555...... 66118 1...... 66618 864...... 70325 1...... 69865 559...... 66118 230...... 65736 866...... 70325 306...... 66174 560...... 66118 240...... 65736 868...... 70325 355...... 65700 562...... 66118 Proposed Rules: 870...... 70325 356...... 66174 563...... 66118 4...... 66663 872...... 70325 358...... 65700 563b...... 66118 874...... 70325 900...... 70390 563f...... 66118 18 CFR 876...... 70325 901...... 70390 565...... 66118 37...... 65262 878...... 70325 902...... 70390 567...... 66118, 66193 125...... 69251 884...... 70325 903...... 70390 574...... 66118 157...... 65752 886...... 70325 904...... 70390 575...... 66118 225...... 69251 888...... 70325 Proposed Rules: 584...... 66118 356...... 69251 1313...... 67796 205...... 66671, 69132 704...... 70319 382...... 65757 721...... 70526 23 CFR 32 CFR 13 CFR 19 CFR 645...... 70307 736...... 67628 Proposed Rules: 107...... 69431 7...... 68886 24 CFR 199...... 68957 121...... 69432, 70637 10 ...... 65769, 67260, 67261, 68886 570...... 70214 400...... 70292 883...... 68891 33 CFR Proposed Rules: 11...... 68886 888...... 66887 100...... 67264 124...... 66938 12...... 65769, 68886 18...... 65769, 68886 3280...... 70222 117 ...... 66932, 66933, 67629, 14 CFR 19...... 68886 Proposed Rules: 68894, 68895, 69443, 69875 24...... 65769, 68886 100...... 67666 151...... 67136 25...... 66165 1003...... 66592 39 ...... 65255, 65257, 65258, 54...... 68886 165 ...... 65782, 65783, 65786, 60444 65730, 65731, 66495, 66497, 101...... 68886 25 CFR 66588, 66604, 66607, 66611, 102...... 68886 Proposed Rules: 111...... 65769, 68886 Proposed Rules: 117...... 66939 66612, 66615, 66617, 66923, 542...... 70673 66925, 66927, 68065, 68067, 113...... 65769 151...... 65808 153...... 65808 68069, 68071, 68072, 68074, 114...... 65769, 68886 26 CFR 68076, 68077, 68873, 68875, 123...... 68886 164...... 66941 1...... 66500, 69667 68876, 68878, 68879, 68881, 125...... 65769 165...... 65814 128...... 68886 Proposed Rules: 68882, 68885, 69239, 69439, 34 CFR 69441, 69658, 69660, 69859, 132...... 68886 1...... 67318, 69138 134...... 65769, 68886 100...... 68050 69861, 69862, 70294, 70296, 27 CFR 70297, 70300, 70645, 70647, 141...... 68886 104...... 68050 70648, 70650, 70654 145...... 65769, 68886 4...... 69252 106...... 68050 71 ...... 65731, 66168, 66169, 146...... 68886 9...... 69252 110...... 68050 67253, 67254, 67255, 67256, 148...... 68886 24...... 69252 600...... 65662 67257, 67624, 67626, 69662, 151...... 68886 70...... 69252 668...... 65632, 65662 69664, 70302, 70303, 70304 152...... 68886 275...... 69252 674...... 65612, 65678 93 ...... 69846, 70671, 70761 162...... 65769 Proposed Rules: 675...... 65662 97 ...... 65732, 65734, 69242, 171...... 65769 9...... 66518 682 ...... 65616, 65678, 65632, 69247, 69250 172...... 65769 55...... 67669 65678 177...... 68886 685 ...... 65616, 65624, 65632, Proposed Rules: 28 CFR 39 ...... 65798, 65800, 65803, 181...... 68886 65678 65805, 66197, 66657, 67311, 191...... 68886 2...... 70466, 70663 690...... 65632, 65662 67315, 67663, 68953, 68955, Proposed Rules: 16...... 68891 692...... 65606 69258, 69718, 70533, 70535, 10...... 66588 Proposed Rules: Proposed Rules: 70671 552...... 67670 75...... 66200 20 CFR 71 ...... 67318, 67664, 70322, 350...... 66200 29 CFR 70323 335...... 66498 36 CFR 91...... 69426 349...... 66499 1...... 69674 103...... 69426 655...... 67628 5...... 69674 217...... 67514 1910...... 68262 219...... 67514 15 CFR 21 CFR 2520...... 70226 1191...... 69840 6...... 65260 101...... 69666, 70466 2560...... 70246 Proposed Rules: 740...... 66169 173...... 70660 4022...... 68892 Ch I ...... 70674 774...... 66169 177...... 68888 4044...... 68892 Proposed Rules: 179...... 67477 Proposed Rules: 37 CFR 285...... 66659 510...... 69865 1956...... 67672 1 ...... 66502, 69446, 70489

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38 CFR 41 CFR 205...... 69279 32...... 66920 47...... 66920 17...... 65906, 66636 60±1...... 68022 47 CFR 21...... 67265 60±2...... 68022 52...... 66920 101±2...... 66588 0...... 66184, 66934 215...... 69895 39 CFR 1...... 66934, 68924 42 CFR 2...... 69451 Proposed Rules: 49 CFR 111...... 65274 63...... 66511 19...... 66184 410...... 65376 24...... 68927 26...... 68949 40 CFR 414...... 65376 63...... 67651 219...... 69884 9...... 67267 419...... 67798 64...... 66934 225...... 69884 52 ...... 66175, 67629, 68078, Proposed Rules: 73 ...... 65271, 66643, 67282, 390...... 70509 68896, 68898, 68901, 69275, 412...... 66303 67283, 67289, 67652, 67653, 393...... 70218 70490 413...... 66303 67654, 67655, 68082, 69458, 571...... 67693, 68107 62...... 68904, 68905 482...... 69416 69693, 70508, 70669, 70670 578...... 68108 63...... 67268 74...... 67289, 69458 592...... 68108 43 CFR 81 ...... 67629, 68901, 70490 76...... 66643, 68082 Proposed Rules: 132...... 66502, 67638 2090...... 69998 90...... 66643, 69451 567...... 69810 148...... 67068 2200...... 69998 Proposed Rules: 571...... 70682, 70687 180 ...... 66178, 67272, 68908, 2710...... 69998 2...... 69608 591...... 69810 68912, 69876 2740...... 69998 20...... 66215, 69891 592...... 69810 261...... 67068 3800...... 69998 25...... 69608, 70541 594...... 69810 268...... 67068 9260...... 69998 27...... 69608 271...... 67068, 68915 32...... 67675 300 ...... 65271, 67280, 69883, 44 CFR 36...... 67320 50 CFR 70312 65...... 66181, 68919 42...... 66215 17 ...... 69459, 69620, 69693 302...... 67068 Proposed Rules: 43...... 67675 18...... 67304 444...... 70314 67...... 66203, 68960 54...... 67322 223...... 70514 763...... 69210 61...... 66215 224...... 69459, 70514 1601...... 70498 45 CFR 63...... 66215 229...... 70316 61...... 70506 64...... 66215, 67675 Proposed Rules: 300...... 67305 160...... 70507 73 ...... 66950, 66951, 67331, 52 ...... 65818, 66602, 67319, 600...... 66655, 69376 67675, 68111, 68114, 68959, 162...... 70507 67675, 67688, 67689, 67690, 622 ...... 68951, 70317, 70521 69275, 69720, 70540, 70676 1355...... 70507 67691, 67692, 69724, 69725 648 ...... 65787, 69886, 70522 62...... 68959, 68960 1356...... 70507 101...... 70541 660 ...... 65698, 66186, 66655, 63...... 66672 1357...... 70507 67310, 69376, 69483, 70523, 81 ...... 67675, 68959, 69275, 1628...... 66637 48 CFR 70524 70328, 70540 Proposed Rules: Ch. 2 ...... 69376 258...... 70678 74...... 68969 252...... 69376 679 ...... 65698, 67305, 67310, 260...... 70678 92...... 68969 927...... 68932 69483 261...... 70678 Ch. XVI ...... 70540 970...... 68932 Proposed Rules: 264...... 70678 1807...... 70315 17 ...... 65287, 66808, 67345, 46 CFR 265...... 70678 1815...... 70315 67335, 67343, 67796, 69896 266...... 70678 25...... 66941 1816...... 70315 21...... 69726 270...... 70678 27...... 66941 1823...... 70315 224...... 66221 271...... 68960 30...... 67136 1849...... 70315 226...... 66221 279...... 70678 150...... 67136 1852...... 70315 600 ...... 67708, 67709, 69897 300...... 67319, 70328 151...... 67136 Proposed Rules: 635...... 69492, 69898 372...... 69888 153...... 67136 2...... 65698, 66920 648 ...... 65818, 66222, 66960 721...... 69889 Proposed Rules: 4...... 65698 660...... 68971, 69898 761...... 65654 4...... 65808 12...... 66920 679...... 66223, 70328

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REMINDERS Organization and Bering Sea snow crab; Air quality planning purposes; The items in this list were operationsÐ overfished stock designation of areas: editorially compiled as an aid Chartering and field of rebuilding; comments Washington; comments due to Federal Register users. membership policies; due by 11-28-00; by 12-1-00; published 11- Inclusion or exclusion from published 10-27-00 published 9-29-00 16-00 this list has no legal PERSONNEL MANAGEMENT Magnuson-Stevens Act Hazardous waste program significance. OFFICE provisionsÐ authorizations: Employment: Domestic fisheries; Arizona; comments due by Placement assistance and exempted fishing 11-27-00; published 10- RULES GOING INTO reduction in force notices; permits; comments due 27-00 EFFECT NOVEMBER 27, published 10-26-00 by 11-28-00; published Tennessee; comments due 11-13-00 2000 Prevailing rate systems; by 11-27-00; published published 10-27-00 Marine mammals: 10-26-00 AGRICULTURE SECURITIES AND Incidental takingÐ Utah; comments due by 11- DEPARTMENT EXCHANGE COMMISSION Harbor porpoise take 30-00; published 10-16-00 Agricultural Marketing Securities: reduction plan; Vermont; comments due by Service comments due by 11- 11-27-00; published 10- Options disclosure 27-00; published 10-27- 26-00 Agricultural commodities: documentsÐ 00 Pesticides; tolerances in food, Potatoes (Irish) grown inÐ Rule 9b-1 amendment; Taking and importingÐ animal feeds, and raw Washington; published 11- published 10-26-00 24-00 Beluga whales; Cook agricultural commodities: TRANSPORTATION Island, AK, stock; Kiwifruit grown inÐ Flucarbazone-sodium; DEPARTMENT comments due by 11- comments due by 11-28- California; published 10-27- Coast Guard 27-00; published 10-4- 00; published 9-29-00 00 Drawbridge operations: 00 Triallate; comments due by Milk marketing orders: Florida; published 11-15-00 COMMODITY FUTURES 11-28-00; published 9-29- Tennessee Valley; published TRANSPORTATION TRADING COMMISSION 00 11-24-00 DEPARTMENT Commodity Exchange Act: Toxic substances: ENVIRONMENTAL Federal Aviation Futures commission Polychlorinated biphenyls PROTECTION AGENCY Administration merchants; daily (PCBs)Ð Air quality implementation Airworthiness directives: computation of amount of PCB waste return from plans; approval and Aerotechnik s.r.o.; published customer funds required U.S. territories outside promulgation; various 10-17-00 to be segregated; U.S. Customs Territory; States: DG Flugzeugbau GmbH; amendments; comments comments due by 12-1- Alabama; published 10-27- published 10-13-00 due by 11-30-00; 00; published 11-1-00 00 published 10-31-00 Jetstream; published 10-13- FEDERAL Alabama; correction; 00 ENERGY DEPARTMENT COMMUNICATIONS published 11-13-00 LET Aeronautical Works; Energy Efficiency and COMMISSION Hazardous waste program published 10-13-00 Renewable Energy Office Common carrier services: authorizations: Consumer products; energy Federal-State Joint Board Pennsylvania; published 9- conservation program: on Universal ServiceÐ 26-00 COMMENTS DUE NEXT WEEK Electric distribution Oncor Communications, FEDERAL transformers; efficiency Inc.; forbearance COMMUNICATIONS standards; comments due petition; comments due COMMISSION AGRICULTURE by 12-1-00; published 10- by 11-30-00; published DEPARTMENT Radio stations; table of 6-00 11-9-00 assignments: Agricultural Marketing ENVIRONMENTAL Digital television stations; table Service Illinois; published 10-25-00 PROTECTION AGENCY of assignments: Raisins produced from grapes Air pollutants, hazardous; Louisiana; comments due by South Carolina; published grown inÐ 10-25-00 national emission standards: 11-27-00; published 10- California; comments due by Leather finishing operations; 10-00 HEALTH AND HUMAN 11-27-00; published 9-27- comments due by 12-1- Nevada; comments due by SERVICES DEPARTMENT 00 00; published 10-2-00 11-27-00; published 10-6- Food and Drug COMMERCE DEPARTMENT 00 Administration Air quality implementation Export Administration plans; approval and New York; comments due Animal drugs, feeds, and Bureau promulgation; various by 11-27-00; published related products: Export administration States: 10-6-00 Ivermectin oral paste; regulations: Connecticut; comments due South Carolina; comments published 11-27-00 Foreign policy-based export by 11-27-00; published due by 11-27-00; Nitenpyram; published 11- controls; effects on 10-27-00 published 10-6-00 27-00 exporters and general Massachusetts; comments Radio stations; table of Trenbolone and estradiol; public; comments due by due by 11-27-00; assignments: published 11-27-00 11-30-00; published 11-6- published 10-27-00 Arizona; comments due by Food additives: 00 Missouri; comments due by 12-1-00; published 10-31- Peroxyacetic acid, etc.; safe COMMERCE DEPARTMENT 11-27-00; published 10- 00 use as an antimicrobial National Oceanic and 26-00 Various States; comments agent on red meat Atmospheric Administration Texas; comments due by due by 12-1-00; published carcasses; published 11- Fishery conservation and 11-27-00; published 10- 10-31-00 27-00 management: 26-00 GENERAL SERVICES NATIONAL CREDIT UNION Alaska; fisheries of Wisconsin; comments due ADMINISTRATION ADMINISTRATION Exclusive Economic by 11-27-00; published Federal Management Credit unions: ZoneÐ 10-26-00 Regulation:

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Personal propertyÐ reclamation plan Bombardier; comments due pamphlet) form from the Replacement pursuant to submissions: by 11-30-00; published Superintendent of Documents, exchange/sale authority; Missouri; comments due by 10-31-00 U.S. Government Printing comments due by 11- 11-30-00; published 10- British Aerospace; Office, Washington, DC 20402 27-00; published 9-26- 31-00 comments due by 11-29- (phone, 202±512±1808). The 00 INTERIOR DEPARTMENT 00; published 10-30-00 text will also be made available on the Internet from HEALTH AND HUMAN National Indian Gaming Construcciones SERVICES DEPARTMENT Aeronauticas, S.A.; GPO Access at http:// Commission www.access.gpo.gov/nara/ Food and Drug Indian Gaming Regulatory Act: comments due by 11-29- 00; published 10-30-00 index.html. Some laws may Administration Environment and public not yet be available. Medical devices: health and safety; Dassault; comments due by Postmarket surveillance; comments due by 11-30- 11-29-00; published 10- H.R. 782/P.L. 106±501 comments due by 11-27- 00; published 7-24-00 30-00 Older Americans Act Dornier; comments due by Amendments of 2000 (Nov. 00; published 8-29-00 POSTAL SERVICE 11-30-00; published 10- 13, 2000; 114 Stat. 2226) HEALTH AND HUMAN Domestic Mail Manual and 26-00 H.R. 1444/P.L. 106±502 SERVICES DEPARTMENT postage meters: General Electric Co.; Fisheries Restoration and Civil Rights Restoration Act: Postal security devices and comments due by 12-1- Irrigation Mitigation Act of Nondiscrimination on basis information-based indicia; 00; published 10-2-00 2000 (Nov. 13, 2000; 114 of race, color, national production, distribution, General Electric Co.; Stat. 2294) origin, handicap, sex, and and use; comments due correction; comments due age; conforming by 11-30-00; published H.R. 1550/P.L. 106±503 by 12-1-00; published 10- amendments; comments 10-2-00 To authorize appropriations for 16-00 due by 11-27-00; Domestic Mail Manual: the United States Fire published 10-26-00 Gulfstream; comments due Administration, and for Curbside Mailboxes Design by 11-27-00; published HOUSING AND URBAN carrying out the Earthquake Standards; revision; 10-12-00 Hazards Reduction Act of DEVELOPMENT comments due by 12-1- DEPARTMENT Honeywell International Inc.; 1977, for fiscal years 2001, 00; published 11-1-00 2002, and 2003, and for other Equal employment opportunity; comments due by 11-27- Refunds and exchanges; 00; published 9-26-00 purposes. (Nov. 13, 2000; 114 policies and procedures; comments due by 11-28- Stat. 2298) update; comments due by 00; published 9-29-00 Israel Aircraft Industries, Ltd.; comments due by H.R. 2462/P.L. 106±504 11-27-00; published 10-26- Sack preparation changes 00 11-29-00; published 10- To amend the Organic Act of for periodicals nonletter- 30-00 Guam, and for other Mortgage and loan insurance size mailing jobs that programs: Turbomeca; comments due purposes. (Nov. 13, 2000; 114 include automation flat Stat. 2309) Single family mortgage rate and presorted rate by 12-1-00; published 10- insuranceÐ mailings; comments due 2-00 H.R. 2498/P.L. 106±505 Section 221(d)(2) by 11-30-00; published Class E airspace; comments Public Health Improvement Act mortgage insurance 10-30-00 due by 11-29-00; published (Nov. 13, 2000; 114 Stat. 9-29-00 2314) program; TRANSPORTATION discontinuation; DEPARTMENT VOR Federal airways and jet H.R. 3388/P.L. 106±506 routes; comments due by comments due by 11- Coast Guard Lake Tahoe Restoration Act 27-00; published 9-28- 11-27-00; published 10-11- (Nov. 13, 2000; 114 Stat. Outer Continental Shelf 00 00 2351) activities: TREASURY DEPARTMENT H.R. 3621/P.L. 106±507 INTERIOR DEPARTMENT Regulations revisions; To provide for the posthumous Fish and Wildlife Service comments due by 11-30- Alcohol, Tobacco and promotion of William Clark of Endangered and threatened 00; published 6-30-00 Firearms Bureau species: Alcohol, tobacco, and other the Commonwealth of Virginia Ports and waterways safety: and the Commonwealth of Nesogenes rotensis, etc. excise taxes: Lower Mississippi River; Kentucky, co-leader of the (three plants from Mariana Commerce in firearms and Vessel Traffic Service Lewis and Clark Expedition, to Islands and Guam); ammunitionÐ establishment; comments the grade of captain in the comments due by 11-29- due by 12-1-00; published Firearms; annual Regular Army. (Nov. 13, 2000; 00; published 10-30-00 8-18-00 inventory; comments 114 Stat. 2359) Migratory bird hunting: due by 11-27-00; TRANSPORTATION H.R. 5239/P.L. 106±508 Tungsten-nickel-iron shot published 8-28-00 DEPARTMENT To provide for increased approval as nontoxic for Federal Aviation penalties for violations of the waterfowl and coots Administration Export Administration Act of hunting; comments due by LIST OF PUBLIC LAWS Airworthiness directives: 1979, and for other purposes. 11-29-00; published 10- (Nov. 13, 2000; 114 Stat. 30-00 Agusta S.p.A.; comments This is a continuing list of due by 12-1-00; published public bills from the current 2360) INTERIOR DEPARTMENT 10-2-00 session of Congress which S. 700/P.L. 106±509 Minerals Management Airbus; comments due by have become Federal laws. It Ala Kahakai National Historic Service 11-30-00; published 10- may be used in conjunction Trail Act (Nov. 13, 2000; 114 Royalty management: 31-00 with ``P L U S'' (Public Laws Stat. 2361) Small refiner administrative Aviointeriors S.p.A.; Update Service) on 202±523± S. 938/P.L. 106±510 fee; comments due by 11- comments due by 11-27- 6641. This list is also Hawaii Volcanoes National 27-00; published 9-26-00 00; published 9-27-00 available online at http:// Park Adjustment Act of 2000 www.nara.gov/fedreg. INTERIOR DEPARTMENT Bell; comments due by 12- (Nov. 13, 2000; 114 Stat. Surface Mining Reclamation 1-00; published 10-2-00 The text of laws is not 2363) and Enforcement Office Boeing; comments due by published in the Federal S. 964/P.L. 106±511 Permanent program and 12-1-00; published 10-2- Register but may be ordered To provide for equitable abandoned mine land 00 in ``slip law'' (individual compensation for the

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Cheyenne River Sioux Tribe, (Nov. 13, 2000; 114 Stat. H.J. Res. 125/P.L. 106±520 to [email protected] and for other purposes. (Nov. 2399) Making further continuing with the following text 13, 2000; 114 Stat. 2365) S. 2345/P.L. 106±516 appropriations for the fiscal message: S. 1474/P.L. 106±512 Harriet Tubman Special year 2001, and for other Palmetto Bend Conveyance Resource Study Act (Nov. 13, purposes. (Nov. 15, 2000; 114 SUBSCRIBE PUBLAWS-L Act (Nov. 13, 2000; 114 Stat. 2000; 114 Stat. 2404) Stat. 2436) Your Name. 2378) S. 2413/P.L. 106±517 Last List November 16, 2000 S. 1482/P.L. 106±513 Bulletproof Vest Partnership Note: This service is strictly National Marine Sanctuaries Grant Act of 2000 (Nov. 13, Amendments Act of 2000 for E-mail notification of new 2000; 114 Stat. 2407) Public Laws Electronic (Nov. 13, 2000; 114 Stat. laws. The text of laws is not 2381) S. 2915/P.L. 106±518 Notification Service available through this service. (PENS) S. 1752/P.L. 106±514 Federal Courts Improvement PENS cannot respond to Coastal Barrier Resources Act of 2000 (Nov. 13, 2000; specific inquiries sent to this Reauthorization Act of 2000 114 Stat. 2410) PENS is a free electronic mail address. (Nov. 13, 2000; 114 Stat. H.R. 4986/P.L. 106±519 notification service of newly 2394) FSC Repeal and enacted public laws. To S. 1865/P.L. 106±515 Extraterritorial Income subscribe, go to http:// America's Law Enforcement Exclusion Act of 2000 (Nov. hydra.gsa.gov/archives/ and Mental Health Project 15, 2000; 114 Stat. 2423) publaws-l.html or send E-mail

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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–042–00037–4) ...... 58.00 Jan. 1, 2000 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–042–00038–2) ...... 46.00 Jan. 1, 2000 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–038–00039–1) ...... 17.00 4Jan. 1, 2000 numbers, prices, and revision dates. 200–1199 ...... (869–042–00040–4) ...... 29.00 Jan. 1, 2000 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–042–00041–2) ...... 25.00 Jan. 1, 2000 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–042–00042–1) ...... 28.00 Jan. 1, 2000 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–042–00043–9) ...... 45.00 Jan. 1, 2000 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–042–00044–7) ...... 26.00 Jan. 1, 2000 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–042–00045–5) ...... 33.00 Jan. 1, 2000 Office's GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–042–00046–3) ...... 43.00 Jan. 1, 2000 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: 1–199 ...... (869–042–00048–0) ...... 32.00 Apr. 1, 2000 The annual rate for subscription to all revised paper volumes is 200–239 ...... (869–042–00049–8) ...... 38.00 Apr. 1, 2000 $951.00 domestic, $237.75 additional for foreign mailing. 240–End ...... (869–042–00050–1) ...... 49.00 Apr. 1, 2000 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–399 ...... (869–042–00051–0) ...... 54.00 Apr. 1, 2000 accompanied by remittance (check, money order, GPO Deposit 400–End ...... (869–042–00052–8) ...... 15.00 Apr. 1, 2000 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512±1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–042–00053–6) ...... 40.00 Apr. 1, 2000 charge orders to (202) 512-2250. 141–199 ...... (869–042–00054–4) ...... 40.00 Apr. 1, 2000 200–End ...... (869–042–00055–2) ...... 20.00 Apr. 1, 2000 Title Stock Number Price Revision Date 20 Parts: 1, 2 (2 Reserved) ...... (869–038–00001–3) ...... 6.50 Apr. 1, 2000 1–399 ...... (869–042–00056–1) ...... 33.00 Apr. 1, 2000 3 (1997 Compilation 400–499 ...... (869–042–00057–9) ...... 56.00 Apr. 1, 2000 and Parts 100 and 500–End ...... (869–042–00058–7) ...... 58.00 Apr. 1, 2000 1 101) ...... (869–042–00002–1) ...... 22.00 Jan. 1, 2000 21 Parts: 4 ...... (869–042–00003–0) ...... 8.50 Jan. 1, 2000 1–99 ...... (869–042–00059–5) ...... 26.00 Apr. 1, 2000 100–169 ...... (869–042–00060–9) ...... 30.00 Apr. 1, 2000 5 Parts: 170–199 ...... (869–042–00061–7) ...... 29.00 Apr. 1, 2000 1–699 ...... (869–042–00004–8) ...... 43.00 Jan. 1, 2000 200–299 ...... (869–042–00062–5) ...... 13.00 Apr. 1, 2000 700–1199 ...... (869–042–00005–6) ...... 31.00 Jan. 1, 2000 300–499 ...... (869–042–00063–3) ...... 20.00 Apr. 1, 2000 1200–End, 6 (6 500–599 ...... (869–042–00064–1) ...... 31.00 Apr. 1, 2000 Reserved) ...... (869–042–00006–4) ...... 48.00 Jan. 1, 2000 600–799 ...... (869–038–00065–0) ...... 10.00 Apr. 1, 2000 7 Parts: 800–1299 ...... (869–042–00066–8) ...... 38.00 Apr. 1, 2000 1–26 ...... (869–042–00007–2) ...... 28.00 Jan. 1, 2000 1300–End ...... (869–042–00067–6) ...... 15.00 Apr. 1, 2000 27–52 ...... (869–042–00008–1) ...... 35.00 Jan. 1, 2000 22 Parts: 53–209 ...... (869–042–00009–9) ...... 22.00 Jan. 1, 2000 1–299 ...... (869–042–00068–4) ...... 54.00 Apr. 1, 2000 210–299 ...... (869–042–00010–2) ...... 54.00 Jan. 1, 2000 300–End ...... (869–042–00069–2) ...... 31.00 Apr. 1, 2000 300–399 ...... (869–042–00011–1) ...... 29.00 Jan. 1, 2000 400–699 ...... (869–042–00012–9) ...... 41.00 Jan. 1, 2000 23 ...... (869–042–00070–6) ...... 29.00 Apr. 1, 2000 700–899 ...... (869–042–00013–7) ...... 37.00 Jan. 1, 2000 24 Parts: 900–999 ...... (869–042–00014–5) ...... 46.00 Jan. 1, 2000 0–199 ...... (869–042–00071–4) ...... 40.00 Apr. 1, 2000 1000–1199 ...... (869–042–00015–3) ...... 18.00 Jan. 1, 2000 200–499 ...... (869–042–00072–2) ...... 37.00 Apr. 1, 2000 1200–1599 ...... (869–042–00016–1) ...... 44.00 Jan. 1, 2000 500–699 ...... (869–042–00073–1) ...... 20.00 Apr. 1, 2000 1600–1899 ...... (869–042–00017–0) ...... 61.00 Jan. 1, 2000 700–1699 ...... (869–042–00074–9) ...... 46.00 Apr. 1, 2000 1900–1939 ...... (869–042–00018–8) ...... 21.00 Jan. 1, 2000 1700–End ...... (869–042–00075–7) ...... 18.00 5Apr. 1, 2000 1940–1949 ...... (869–042–00019–6) ...... 37.00 Jan. 1, 2000 25 ...... (869–042–00076–5) ...... 52.00 Apr. 1, 2000 1950–1999 ...... (869–042–00020–0) ...... 38.00 Jan. 1, 2000 2000–End ...... (869–042–00021–8) ...... 31.00 Jan. 1, 2000 26 Parts: §§ 1.0-1–1.60 ...... (869–042–00077–3) ...... 31.00 Apr. 1, 2000 8 ...... (869–042–00022–6) ...... 41.00 Jan. 1, 2000 §§ 1.61–1.169 ...... (869–042–00078–1) ...... 56.00 Apr. 1, 2000 9 Parts: §§ 1.170–1.300 ...... (869–042–00079–0) ...... 38.00 Apr. 1, 2000 1–199 ...... (869–042–00023–4) ...... 46.00 Jan. 1, 2000 §§ 1.301–1.400 ...... (869–042–00080–3) ...... 29.00 Apr. 1, 2000 200–End ...... (869–042–00024–2) ...... 44.00 Jan. 1, 2000 §§ 1.401–1.440 ...... (869–042–00081–1) ...... 47.00 Apr. 1, 2000 §§ 1.441-1.500 ...... (869-042-00082-0) ...... 36.00 Apr. 1, 2000 10 Parts: §§ 1.501–1.640 ...... (869–042–00083–8) ...... 32.00 Apr. 1, 2000 1–50 ...... (869–042–00025–1) ...... 46.00 Jan. 1, 2000 §§ 1.641–1.850 ...... (869–042–00084–6) ...... 41.00 Apr. 1, 2000 51–199 ...... (869–042–00026–9) ...... 38.00 Jan. 1, 2000 §§ 1.851–1.907 ...... (869–042–00085–4) ...... 43.00 Apr. 1, 2000 200–499 ...... (869–042–00027–7) ...... 38.00 Jan. 1, 2000 §§ 1.908–1.1000 ...... (869–042–00086–2) ...... 41.00 Apr. 1, 2000 500–End ...... (869–042–00028–5) ...... 48.00 Jan. 1, 2000 §§ 1.1001–1.1400 ...... (869–042–00087–1) ...... 45.00 Apr. 1, 2000 11 ...... (869–042–00029–3) ...... 23.00 Jan. 1, 2000 §§ 1.1401–End ...... (869–042–00088–9) ...... 66.00 Apr. 1, 2000 2–29 ...... (869–042–00089–7) ...... 45.00 Apr. 1, 2000 12 Parts: 30–39 ...... (869–042–00090–1) ...... 31.00 Apr. 1, 2000 1–199 ...... (869–042–00030–7) ...... 18.00 Jan. 1, 2000 40–49 ...... (869–042–00091–9) ...... 18.00 Apr. 1, 2000 200–219 ...... (869–042–00031–5) ...... 22.00 Jan. 1, 2000 50–299 ...... (869–042–00092–7) ...... 23.00 Apr. 1, 2000 220–299 ...... (869–042–00032–3) ...... 45.00 Jan. 1, 2000 300–499 ...... (869–042–00093–5) ...... 43.00 Apr. 1, 2000 300–499 ...... (869–042–00033–1) ...... 29.00 Jan. 1, 2000 500–599 ...... (869–042–00094–3) ...... 12.00 Apr. 1, 2000 500–599 ...... (869–042–00034–0) ...... 26.00 Jan. 1, 2000 600–End ...... (869–042–00095–1) ...... 12.00 Apr. 1, 2000 600–End ...... (869–042–00035–8) ...... 53.00 Jan. 1, 2000 27 Parts: 13 ...... (869–042–00036–6) ...... 35.00 Jan. 1, 2000 1–199 ...... (869–042–00096–0) ...... 59.00 Apr. 1, 2000

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–042–00097–8) ...... 18.00 Apr. 1, 2000 260–265 ...... (869–042–00151–6) ...... 36.00 July 1, 2000 ...... 28 Parts: ...... 266–299 (869–042–00152–4) 35.00 July 1, 2000 300–399 ...... (869–042–00153–2) ...... 29.00 July 1, 2000 0-42 ...... (869–042–00098–6) ...... 43.00 July 1, 2000 400–424 ...... (869–042–00154–1) ...... 37.00 July 1, 2000 43-end ...... (869-042-00099-4) ...... 36.00 July 1, 2000 425–699 ...... (869–042–00155–9) ...... 48.00 July 1, 2000 29 Parts: 700–789 ...... (869–042–00156–7) ...... 46.00 July 1, 2000 0–99 ...... (869–042–00100–1) ...... 33.00 July 1, 2000 790–End ...... (869–042–00157–5) ...... 23.00 6July 1, 2000 100–499 ...... (869–042–00101–0) ...... 14.00 July 1, 2000 41 Chapters: 500–899 ...... (869–042–00102–8) ...... 47.00 July 1, 2000 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–042–00103–6) ...... 24.00 July 1, 2000 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1900 to 3–6 ...... 14.00 3 July 1, 1984 6 1910.999) ...... (869–042–00104–4) ...... 46.00 July 1, 2000 7 ...... 6.00 3 July 1, 1984 1910 (§§ 1910.1000 to 8 ...... 4.50 3 July 1, 1984 6 end) ...... (869–042–00105–2) ...... 28.00 July 1, 2000 9 ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–042–00106–1) ...... 20.00 July 1, 2000 10–17 ...... 9.50 3 July 1, 1984 6 1926 ...... (869–042–00107–9) ...... 30.00 July 1, 2000 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 1927–End ...... (869–042–00108–7) ...... 49.00 July 1, 2000 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 30 Parts: 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 1–199 ...... (869–042–00109–5) ...... 38.00 July 1, 2000 19–100 ...... 13.00 3 July 1, 1984 200–699 ...... (869–042–00110–9) ...... 33.00 July 1, 2000 1–100 ...... (869–042–00158–3) ...... 15.00 July 1, 2000 700–End ...... (869–042–00111–7) ...... 39.00 July 1, 2000 101 ...... (869–042–00159–1) ...... 37.00 July 1, 2000 102–200 ...... (869–042–00160–5) ...... 21.00 July 1, 2000 31 Parts: 201–End ...... (869–042–00161–3) ...... 16.00 July 1, 2000 0–199 ...... (869–042–00112–5) ...... 23.00 July 1, 2000 200–End ...... (869–042–00113–3) ...... 53.00 July 1, 2000 42 Parts: 1–399 ...... (869–038–00162–4) ...... 36.00 Oct. 1, 1999 32 Parts: 400–429 ...... (869–038–00163–2) ...... 44.00 Oct. 1, 1999 1–39, Vol. I ...... 15.00 2 July 1, 1984 430–End ...... (869–038–00164–1) ...... 54.00 Oct. 1, 1999 1–39, Vol. II ...... 19.00 2 July 1, 1984 1–39, Vol. III ...... 18.00 2 July 1, 1984 43 Parts: 1–190 ...... (869–042–00114–1) ...... 51.00 July 1, 2000 1–999 ...... (869–038–00165–9) ...... 32.00 Oct. 1, 1999 191–399 ...... (869–042–00115–0) ...... 62.00 July 1, 2000 1000–end ...... (869–038–00166–7) ...... 47.00 Oct. 1, 1999 400–629 ...... (869–042–00116–8) ...... 35.00 July 1, 2000 44 ...... (869–038–00167–5) ...... 28.00 Oct. 1, 1999 630–699 ...... (869–042–00117–6) ...... 25.00 July 1, 2000 700–799 ...... (869–042–00118–4) ...... 31.00 July 1, 2000 45 Parts: 800–End ...... (869–042–00119–2) ...... 32.00 July 1, 2000 1–199 ...... (869–038–00168–3) ...... 33.00 Oct. 1, 1999 200–499 ...... (869–038–00169–1) ...... 16.00 Oct. 1, 1999 33 Parts: 500–1199 ...... (869–038–00170–5) ...... 30.00 Oct. 1, 1999 1–124 ...... (869–042–00120–6) ...... 35.00 July 1, 2000 1200–End ...... (869–038–00171–3) ...... 40.00 Oct. 1, 1999 125–199 ...... (869–042–00121–4) ...... 45.00 July 1, 2000 200–End ...... (869–042–00122–5) ...... 36.00 July 1, 2000 46 Parts: 1–40 ...... (869–038–00172–1) ...... 27.00 Oct. 1, 1999 34 Parts: 41–69 ...... (869–038–00173–0) ...... 23.00 Oct. 1, 1999 1–299 ...... (869–042–00123–1) ...... 31.00 July 1, 2000 70–89 ...... (869–038–00174–8) ...... 8.00 Oct. 1, 1999 300–399 ...... (869–042–00124–9) ...... 28.00 July 1, 2000 90–139 ...... (869–038–00175–6) ...... 26.00 Oct. 1, 1999 400–End ...... (869–042–00125–7) ...... 54.00 July 1, 2000 140–155 ...... (869–038–00176–4) ...... 15.00 Oct. 1, 1999 35 ...... (869–042–00126–5) ...... 10.00 July 1, 2000 156–165 ...... (869–038–00177–2) ...... 21.00 Oct. 1, 1999 166–199 ...... (869–038–00178–1) ...... 27.00 Oct. 1, 1999 36 Parts 200–499 ...... (869–038–00179–9) ...... 23.00 Oct. 1, 1999 1–199 ...... (869–042–00127–3) ...... 24.00 July 1, 2000 500–End ...... (869–038–00180–2) ...... 15.00 Oct. 1, 1999 200–299 ...... (869–042–00128–1) ...... 24.00 July 1, 2000 *300–End ...... (869–042–00129–0) ...... 43.00 July 1, 2000 47 Parts: 0–19 ...... (869–038–00181–1) ...... 39.00 Oct. 1, 1999 *37 (869–042–00130–3) ...... 32.00 July 1, 2000 20–39 ...... (869–038–00182–9) ...... 26.00 Oct. 1, 1999 38 Parts: 40–69 ...... (869–038–00183–7) ...... 26.00 Oct. 1, 1999 0–17 ...... (869–042–00131–1) ...... 40.00 July 1, 2000 70–79 ...... (869–038–00184–5) ...... 39.00 Oct. 1, 1999 18–End ...... (869–042–00132–0) ...... 47.00 July 1, 2000 80–End ...... (869–038–00185–3) ...... 40.00 Oct. 1, 1999 39 ...... (869–042–00133–8) ...... 28.00 July 1, 2000 48 Chapters: 1 (Parts 1–51) ...... (869–038–00186–1) ...... 55.00 Oct. 1, 1999 40 Parts: 1 (Parts 52–99) ...... (869–038–00187–0) ...... 30.00 Oct. 1, 1999 1–49 ...... (869–042–00134–6) ...... 37.00 July 1, 2000 2 (Parts 201–299) ...... (869–038–00188–8) ...... 36.00 Oct. 1, 1999 50–51 ...... (869–042–00135–4) ...... 28.00 July 1, 2000 3–6 ...... (869–038–00189–6) ...... 27.00 Oct. 1, 1999 52 (52.01–52.1018) ...... (869–042–00136–2) ...... 36.00 July 1, 2000 7–14 ...... (869–038–00190–0) ...... 35.00 Oct. 1, 1999 52 (52.1019–End) ...... (869–042–00137–1) ...... 44.00 July 1, 2000 15–28 ...... (869–038–00191–8) ...... 36.00 Oct. 1, 1999 53–59 ...... (869–042–00138–9) ...... 21.00 July 1, 2000 29–End ...... (869–038–00192–6) ...... 25.00 Oct. 1, 1999 60 ...... (869–042–00139–7) ...... 66.00 July 1, 2000 61–62 ...... (869–042–00140–1) ...... 23.00 July 1, 2000 49 Parts: 63 (63.1–63.1119) ...... (869–042–00141–9) ...... 66.00 July 1, 2000 1–99 ...... (869–038–00193–4) ...... 34.00 Oct. 1, 1999 63 (63.1200–End) ...... (869–042–00142–7) ...... 49.00 July 1, 2000 100–185 ...... (869–038–00194–2) ...... 53.00 Oct. 1, 1999 64–71 ...... (869–042–00143–5) ...... 12.00 July 1, 2000 186–199 ...... (869–038–00195–1) ...... 13.00 Oct. 1, 1999 72–80 ...... (869–042–00144–3) ...... 47.00 July 1, 2000 200–399 ...... (869–038–00196–9) ...... 53.00 Oct. 1, 1999 81–85 ...... (869–042–00145–1) ...... 36.00 July 1, 2000 400–999 ...... (869–038–00197–7) ...... 57.00 Oct. 1, 1999 86 ...... (869–042–00146–0) ...... 66.00 July 1, 2000 1000–1199 ...... (869–038–00198–5) ...... 17.00 Oct. 1, 1999 87-135 ...... (869–042–00146–8) ...... 66.00 July 1, 2000 1200–End ...... (869–038–00199–3) ...... 14.00 Oct. 1, 1999 *136–149 ...... (869–042–00148–6) ...... 42.00 July 1, 2000 50 Parts: 150–189 ...... (869–042–00149–4) ...... 38.00 July 1, 2000 1–199 ...... (869–038–00200–1) ...... 43.00 Oct. 1, 1999 190–259 ...... (869–042–00150–8) ...... 25.00 July 1, 2000 200–599 ...... (869–038–00201–9) ...... 22.00 Oct. 1, 1999

VerDate 11-MAY-2000 18:21 Nov 24, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\27NOCL.LOC pfrm10 PsN: 27NOCL Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Reader Aids ix

Title Stock Number Price Revision Date 600–End ...... (869–038–00202–7) ...... 37.00 Oct. 1, 1999 CFR Index and Findings Aids ...... (869–042–00047–1) ...... 53.00 Jan. 1, 2000 Complete 1999 CFR set ...... 951.00 1999 Microfiche CFR Edition: Subscription (mailed as issued) ...... 290.00 1999 Individual copies ...... 1.00 1999 Complete set (one-time mailing) ...... 247.00 1997 Complete set (one-time mailing) ...... 264.00 1996 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 1999, through January 1, 2000. The CFR volume issued as of January 1, 1999 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 1999, through April 1, 2000. The CFR volume issued as of April 1, 1999 should be retained. 6 No amendments to this volume were promulgated during the period July 1, 1999, through July 1, 2000. The CFR volume issued as of July 1, 1999 should be retained..

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