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1 II Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000
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2 III
Contents Federal Register Vol. 65, No. 125
Wednesday, June 28, 2000
Agricultural Marketing Service Copyright Office, Library of Congress PROPOSED RULES RULES Fruits and vegetables, processed: Copyright office and procedures: Inspection and certification, 39824–39825 General copyright provisions and copyright claims NOTICES registration; technical amendments, 39818–39819 Committees; establishment, renewal, termination, etc.: Freedom of Information and Privacy Acts implementation Burley Tobacco Advisory Committee, 39852 and copyright arbitration royalty panels; policies and procedures, 39819–39820 Agriculture Department See Agricultural Marketing Service Defense Department See Animal and Plant Health Inspection Service RULES See Economic Research Service Civilian health and medical program of uniformed services See Forest Service (CHAMPUS): See Natural Resources Conservation Service TRICARE program— See Rural Housing Service Automatic enrollment of families of E-4 and below in See Rural Utilities Service TRICARE Prime, 39804–39806 Privacy Act; implementation: Defense Commissary Agency, 39806–39814 Animal and Plant Health Inspection Service NOTICES RULES Arms sales notification; transmittal letter, etc., 39879–39882 Exportation and importation of animals and animal Courts-Martial Manual; amendments, 39883–39886 products: Meetings: Bovine parts importation from Argentina; prohibition, Capabilities for Domestic Response to Terrorstist Attacks 39782–39784 Involving Weapons of Mass Destruction Advisory Interstate transportation of animals and animal products Panel, 39887 (quarantine): Science Board task forces, 39887 Tuberculosis in cattle and bison— State and area classifications, 39780–39782 Economic Analysis Bureau Plant-related quarantine, domestic: NOTICES Melon fruit fly, 39779–39780 Agency information collection activities: NOTICES Proposed collection; comment request, 39864–39865 Environmental statements; availability, etc.: Wasps, nonindigenous; release into environment to Economic Research Service suppress papaya mealybugs, 39852–39853 NOTICES Meetings: Agency information collection activities: Pine shoot beetle program administration, 39853–39854 Proposed collection; comment request, 39854–39856
Centers for Disease Control and Prevention Education Department NOTICES RULES Grants and cooperative agreements; availability, etc.: Postsecondary education: Human immunodeficiency virus (HIV)— Gaining Early Awareness and Readiness for Community-based strategies to increase HIV testing of Undergraduate Programs (GEAR UP) Program, 39814 NOTICES persons at high risk in communities of color, eetings: 39902–39910 Postsecondary Education Improvement Fund National Meetings: Board, 39887 Disease, Disability, and Injury Prevention and Control Grants and cooperative agreements; availability, etc.: Special Emphasis Panels, 39911 Elementary and secondary education— Alaska Native and Native Hawaiian-Serving Institutions Commerce Department Program, 39887–39888 See Economic Analysis Bureau See Foreign-Trade Zones Board Energy Department See International Trade Administration See Energy Efficiency and Renewable Energy Office See National Institute of Standards and Technology See Federal Energy Regulatory Commission See National Oceanic and Atmospheric Administration NOTICES NOTICES Floodplain and wetlands protection; environmental review Agency information collection activities: determinations; availability, etc.: Submission for OMB review; comment request, 39864 Miamisburg Environmental Management Project, OH; new soil staging area, 39888 Committee for the Implementation of Textile Agreements Meetings: NOTICES Environmental Management Site-Specific Advisory Cotton, wool, and man-made textiles: Board— Bangladesh, 39878–39879 Fernald Site, OH, 39888–39889
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Paducah Gaseous Diffusion Plant, KY, 39889–39890 Applications, hearings, determinations, etc.: Savannah River Site, GA, 39889 NiSource Inc., 39890 Prairieland Energy, Inc., 39890 Energy Efficiency and Renewable Energy Office RULES Federal Housing Enterprise Oversight Office Energy conservation: RULES Energy savings performance contracting; technical Organization, functions, and authority delegations, 39786– amendments, 39784–39786 39788
Environmental Protection Agency Federal Maritime Commission RULES NOTICES Air quality implementation plans; approval and Agreements filed, etc., 39901 promulgation; various States: Ocean transportation intermediary licenses: Georgia, 39821–39822 F.M.I. Cargo Shipping, Inc., 39901 NOTICES Agency information collection activities: Federal Railroad Administration Submission for OMB review; comment request, 39894– NOTICES 39897 Exemption petitions, etc.: Confidential business information and data transfer, 39897– Canadian National/Illinois Central Railroad, 39979–39980 39898 Columbia Business Center, 39980 Pesticide registration, cancellation, etc.: Duluth, Missabe & Iron Range Railway Co., 39980–39981 Risk assessments availability, 39898–39899 Lake Superior Railroad Museum, 39981 Water pollution; discharge of pollutants (NPDES): State programs— Federal Trade Commission Maine, 39899–39900 NOTICES Executive Office of the President Reports and guidance documents; availability, etc.: See Trade Representative, Office of United States Children’s Online Privacy Protection Act; safe harbor provisions; self-regulatory guidelines— Federal Aviation Administration ESRB Privacy Online, 39901–39902 RULES Airworthiness directives: Fish and Wildlife Service Boeing, 39788–39790 RULES Class E airspace, 39790–39794 Alaska National Interest Lands Conservation Act; Title VIII Standard instrument approach procedures, 39794–39798 implementation (subsistence priority): PROPOSED RULES Waters subject to subsistence priority; redefinition; Airworthiness directives: correction, 39815–39817 Airbus, 39825–39828 PROPOSED RULES Boeing, 39828–39831 Endangered and threatened species: British Aerospace, 39831–39833 Critical habitat designations— Federal airways, 39833–39834 Tidewater goby, 39850–39851 VOR Federal airways, 39834–39835 NOTICES NOTICES Environmental statements; availability, etc.: Advisory circulars; availability, etc.: Incidental take permits— Aircraft— Carlsbad, CA; Riverside fairy shrimp, etc., 39919–39920 Systems and equipment guide for certification of Part Environmental statements; notice of intent: 23 airplanes, 39978 Coachella Valley Multiple Species Habitat Conservation Aircraft products and parts— Plan/Natural Communities Conservation Plan; Terrain awareness and warning system; installation in Federal and State actions, 39920–39922 Part 23 airplanes, 39977–39978 Organization, functions, and authority delegations: Airport noise compatibility program: Federal Subsistence Management Program 2000 fishing Noise exposure map— season; interim delegations to Federal officials, Juneau International Airport, AK, 39978–39979 39856–39858 Meetings: Informal airspace meetings, 39979 Food and Drug Administration NOTICES Federal Communications Commission Animal drugs, feeds, and related products: NOTICES Ceftiofur sodium injection for goats, 39911 Television broadcasting— Reports and guidance documents; availability, etc.: Video services— Chronic cutaneous ulcer and burn wounds; treatment MDS and ITFS applications for two-way operations; products development, 39912 new filing window, 39900–39901 Pasteurized milk ordinance defined dairy products; importation, 39912–39914 Federal Energy Regulatory Commission NOTICES Foreign-Trade Zones Board Electric rate and corporate regulation filings: NOTICES EUA Ocean State Power Corp. et al., 39890–39893 Applications, hearings, determinations, etc.: Hydroelectric applications, 39893–39894 Georgia, 39865
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Indiana International Trade Administration SMC Pneumatics, Inc.; pneumatic automation NOTICES components manufacturing and warehousing Antidumping: facilities, 39865–39866 Corrosion-resistant carbon steel flat products and cut-to- New Jersey length carbon steel plate from— Clariant Corp.; electronic chemicals manufacturing and Canada, 39867 warehousing facilities, 39866 Freshwater crawfish tail meat from— Ohio, 39866–39867 China, 39867–39868 Pasta from— Italy and Turkey, 39868 Forest Service Countervailing duties: RULES Carbon steel products from— Alaska National Interest Lands Conservation Act; Title VIII Sweden, 39868–39869 implementation (subsistence priority): Overseas trade missions: Waters subject to subsistence priority; redefinition; 2000 trade missions— correction, 39815–39817 Clean Energy Trade Mission et al., 39869 NOTICES Meetings: International Trade Commission Northwest Sacramento Provincial Advisory Committee, NOTICES 39856 Antidumping: Organization, functions, and authority delegations: Bearings from— Federal Subsistence Management Program 2000 fishing Various countries, 39925 season; interim delegations to Federal officials, Meetings; Sunshine Act, 39925–39926 39856–39858 Justice Department Health and Human Services Department See Immigration and Naturalization Service See Centers for Disease Control and Prevention Labor Department See Food and Drug Administration See Mine Safety and Health Administration See Health Resources and Services Administration See Occupational Safety and Health Administration See National Institutes of Health See Pension and Welfare Benefits Administration See Substance Abuse and Mental Health Services Administration Land Management Bureau NOTICES Health Resources and Services Administration Closure of public lands: NOTICES California, 39922–39923 Agency information collection activities: Environmental statements; notice of intent: Proposed collection; comment request, 39914–39915 Powder River Basin, WY; oil and gas development, correction, 39923 Meetings: Housing and Urban Development Department Resource Advisory Councils— See Federal Housing Enterprise Oversight Office Arizona, 39923 NOTICES Public and Indian housing: Recreation management restrictions, etc.: Public Housing Assessment System— Wonder Valley, CA; recreational shooting restricted to Financial condition scoring process, 40007–40022 protect human health and safety, 39923–39924 Management operations scoring process, 40023–40031 Library of Congress Physical condition scoring process, 39987–40005 See Copyright Office, Library of Congress Resident service and satisfaction scoring process, 40033–40048 Mine Safety and Health Administration Scoring procedures; additional information, 39985– NOTICES 39986 Agency information collection activities: Proposed collection; comment request, 39943 Immigration and Naturalization Service NOTICES National Archives and Records Administration Agency information collection activities: RULES Proposed collection; comment request, 39926–39942 Records management: Agency records centers; storage standards, 39817–39818 Interior Department National Council on Disability See Fish and Wildlife Service NOTICES See Land Management Bureau Meetings: See Reclamation Bureau Youth Advisory Committee, 39953 See Surface Mining Reclamation and Enforcement Office RULES National Highway Traffic Safety Administration Assistance programs; administrative and audit requirements NOTICES and cost principles: Meetings: On-the-job seat belt use Crash Injury Research and Engineering Network, 39981– Correction, 39822–39823 39982
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National Institute of Standards and Technology See National Institutes of Health RULES See Substance Abuse and Mental Health Services Fastener Quality Act; implementation, 39798–39804 Administration
National Institutes of Health Reclamation Bureau NOTICES NOTICES Inventions, Government-owned; availability for licensing, Meetings: 39915–39917 Trinity River Basin Fish and Wildlife Task Force, 39924
National Oceanic and Atmospheric Administration Rural Housing Service RULES NOTICES Fishery conservation and management: Grants and cooperative agreements; availability, etc.: Northeastern United States fisheries— Section 538 Guaranteed Rural Rental Housing Program, Summer flounder, 39823 39859–39863 NOTICES Marine mammals: Rural Utilities Service Incidental taking; authorization letters, etc.— NOTICES Southern California; marine seismic-reflection data Agency information collection activities: collection, 39871–39878 Proposed collection; comment request, 39863 Permits: Endangered and threatened species, 39869–39870 Securities and Exchange Commission Marine mammals, 39878 NOTICES Self-regulatory organizations; proposed rule changes: Natural Resources Conservation Service American Stock Exchange LLC, 39972–39974 NOTICES Philadelphia Stock Exchange, Inc., 39974–39975 Reports and guidance documents; availability, etc.: Natural Resources Conservation Service Conservation Small Business Administration Programs Manual; research conservation and NOTICES development; comment request, 39858–39859 Disaster loan areas: New Mexico, 39975 Nuclear Regulatory Commission NOTICES State Department Operating licenses, amendments; no significant hazards NOTICES considerations; biweekly notices, 39956–39966 Environmental statements; availability, etc.: Regulatory agreements: Sumas, WA; pipeline construction for transportation of Oklahoma, 39966–39970 water across U.S.-Canada border, 39975–39976 Applications, hearings, determinations, etc.: Meetings: Power Authority of State of New York, 39953–39956 International Telecommunication Advisory Committee, 39976 Occupational Safety and Health Administration NOTICES Substance Abuse and Mental Health Services Agency information collection activities: Administration Proposed collection; comment request, 39944 NOTICES Nationally recognized testing laboratories, etc.: Meetings: NSF International, 39944–39946 SAMHSA Special Emphasis Panels, 39917–39918 TUV Rheinland of North America, Inc., 39946–39949 Wyle Laboratories, Inc., 39949–39952 Surface Mining Reclamation and Enforcement Office NOTICES Office of Federal Housing Enterprise Oversight Agency information collection activities: See Federal Housing Enterprise Oversight Office Proposed collection; comment request, 39924
Office of United States Trade Representative Textile Agreements Implementation Committee See Trade Representative, Office of United States See Committee for the Implementation of Textile Agreements Pension and Welfare Benefits Administration NOTICES Trade Representative, Office of United States Agency information collection activities: NOTICES Reporting and recordkeeping requirements, 39952–39953 Trade Policy Staff Committee: United States-Jordan Free Trade Agreement; Postal Service environmental review, 39976–39977 NOTICES Privacy Act: Transportation Department Systems of records, 39970–39972 See Federal Aviation Administration See Federal Railroad Administration Public Health Service See National Highway Traffic Safety Administration See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Aviation proceedings: See Health Resources and Services Administration Agreements filed; weekly receipts, 39977
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Certificates of public convenience and necessity and Part III foreign air carrier permits; weekly applications, Department of Housing and Urban Development, 39987– 39977 40005
United States Institute of Peace Part IV NOTICES Department of Housing and Urban Development, 40007– Grants and cooperative agreements; availability, etc.: 40022 Unsolicited grants— Fall competition program, 39982 Part V Veterans Affairs Department Department of Housing and Urban Development, 40023– PROPOSED RULES 40026 Adult day health care of veterans in State homes; per diem payment mechanism, 39835–39850 Part VI NOTICES Department of Housing and Urban Development, 40027– Agency information collection activities: 40031 Submission for OMB review; comment request, 39982 Meetings: Part VII Environmental Hazards Advisory Committee, 39982– Department of Housing and Urban Development, 40033– 39983 40048
Separate Parts In This Issue Reader Aids Part II Consult the Reader Aids section at the end of this issue for Department of Housing and Urban Development, 39985– phone numbers, online resources, finding aids, reminders, 39986 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 301...... 39779 Proposed Rules: 52...... 39824 9 CFR 77...... 39780 94...... 39782 10 CFR 436...... 39784 12 CFR 1700...... 39786 14 CFR 39...... 39788 71 (5 documents) ...... 39790, 39791, 39792, 39793 97 (2 documents) ...... 39794, 39796 Proposed Rules: 39 (3 documents) ...... 39825, 39828, 39831 71 (2 documents) ...... 39833, 39834 15 CFR 280...... 39798 32 CFR 199...... 39804 327...... 39806 34 CFR 694...... 39814 36 CFR 242...... 39815 1228...... 39817 37 CFR 201...... 39818 202...... 39818 203...... 39819 204...... 39819 251...... 39819 252...... 39819 256...... 39819 257...... 39819 259...... 39819 260...... 39819 38 CFR Proposed Rules: 52...... 39835 40 CFR 52...... 39821 43 CFR 12...... 39822 50 CFR 100...... 39815 648...... 39823 Proposed Rules: 17...... 39850
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Rules and Regulations Federal Register Vol. 65, No. 125
Wednesday, June 28, 2000
This section of the FEDERAL REGISTER You may read any comments that we melon fruit fly has been eradicated from contains regulatory documents having general receive on this docket in our reading the quarantined portion of Los Angeles applicability and legal effect, most of which room. The reading room is located in County, CA. The last finding of melon are keyed to and codified in the Code of room 1141 of the USDA South Building, fruit fly in this area was November 15, Federal Regulations, which is published under 14th Street and Independence Avenue, 1999. 50 titles pursuant to 44 U.S.C. 1510. SW., Washington, DC. Normal reading Since then, no evidence of melon fruit The Code of Federal Regulations is sold by room hours are 8 a.m. to 4:30 p.m., fly infestation has been found in this the Superintendent of Documents. Prices of Monday through Friday, except area. Based on our experience, we have new books are listed in the first FEDERAL holidays. To be sure someone is there to determined that sufficient time has REGISTER issue of each week. help you, please call (202) 690–2817 passed to conclude that the melon fruit before coming. fly no longer exists in Los Angeles APHIS documents published in the County, CA. Therefore, we are removing DEPARTMENT OF AGRICULTURE Federal Register, and related Los Angeles County, CA, from the list of information, including the names of quarantined areas in § 301.97–3(c). Animal and Plant Health Inspection organizations and individuals who have Melon fruit fly infestations are not Service commented on APHIS dockets, are known to exist anywhere else in the available on the Internet at http:// continental United States. 7 CFR Part 301 www.aphis.usda.gov/ppd/rad/ Immediate Action [Docket No. 99±097±2] webrepor.html. The Administrator of the Animal and FOR FURTHER INFORMATION CONTACT: Mr. Melon Fruit Fly; Removal of Plant Health Inspection Service has Wilmer E. Snell, Operations Officer, Quarantined Area determined that there is good cause for Invasive Species and Pest Management publishing this interim rule without AGENCY: Animal and Plant Health Staff, PPQ, APHIS, 4700 River Road prior opportunity for public comment. Inspection Service, USDA. Unit 134, Riverdale, MD 20737–1236; Immediate action is warranted to ACTION: Interim rule and request for (301) 734–8247. remove an unnecessary regulatory comments. SUPPLEMENTARY INFORMATION: burden on the public. A portion of Los Angeles County, CA, was quarantined SUMMARY: We are amending the melon Background due to the possibility that the melon fruit fly regulations by removing the The melon fruit fly, Bactrocera fruit fly could be spread from this area quarantine on a portion of Los Angeles cucurbitae (Coquillett), is a very to noninfested areas of the United County, CA, and by removing the destructive pest of fruits and vegetables, States. Since this situation no longer restrictions on the interstate movement including melons, mangoes, peppers, exists, immediate action is necessary to of regulated articles from that area. This squash, cucumbers, beans, oranges, and remove the quarantine on Los Angeles action is necessary to relieve restrictions peaches. This pest can cause serious County, CA, and to relieve the that are no longer needed to prevent the economic losses by lowering the yield restrictions on the interstate movement spread of the melon fruit fly into and quality of these fruits and of regulated articles from that area. noninfested areas of the United States. vegetables and by damaging the Because prior notice and other public We have determined that the melon seedlings and young plants of squash, procedures with respect to this action fruit fly has been eradicated from this melons, and cucumbers. Heavy are impracticable and contrary to the portion of Los Angeles County, CA, and infestations can result in complete loss public interest under these conditions, that the quarantine and restrictions are of these crops. we find good cause under 5 U.S.C. 553 no longer necessary. This portion of Los The melon fruit fly regulations, to make this action effective less than 30 Angeles County, CA, was the only area contained in 7 CFR 301.97 through days after publication. We will consider in the continental United States 301.97–10 (referred to below as the comments that are received within 60 quarantined for the melon fruit fly. regulations), restrict the interstate days of publication of this rule in the Therefore, as a result of this action, movement of regulated articles from Federal Register. After the comment there are no longer any areas in the quarantined areas to prevent the spread period closes, we will publish another continental United States quarantined of melon fruit fly to noninfested areas of document in the Federal Register. The for the melon fruit fly. the United States. document will include a discussion of DATES: This interim rule was effective In an interim rule effective on any comments we receive and any June 23, 2000. We invite you to February 22, 2000, and published in the amendments we are making to the rule comment on this docket. We will Federal Register on February 22, 2000 as a result of the comments. consider all comments that we receive (65 FR 8633–8640, Docket No. 99–097– by August 28, 2000. 1), we quarantined a portion of Los Executive Order 12866 and Regulatory ADDRESSES: Please send your comment Angeles County, CA, and restricted the Flexibility Act and three copies to: Docket No. 99–097– interstate movement of regulated This rule has been reviewed under 2, Regulatory Analysis and articles from the quarantined area. Executive Order 12866. For this action, Development, PPD, APHIS, Suite 3C03, Based on trapping surveys conducted the Office of Management and Budget 4700 River Road, Unit 118, Riverdale, by inspectors of California State and has waived its review process required MD 20737–1238. county agencies and by inspectors of the by Executive Order 12866. Please state that your comment refers Animal and Plant Health Inspection This interim rule relieves restrictions to Docket No. 99–097–2. Service, we have determined that the on the interstate movement of regulated
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It has come to our attention that, in APHIS Inspection of Slaughtering lymphoid tissue must have been some cases, among the bovine parts Establishments removed from the meat. being imported into the United States We are also adding to § 94.21, as a Nonsubstantive Changes from Argentina are those that are not, by condition for the importation of fresh In addition to the changes to the standard practice, part of the carcass beef from Argentina, that establishments that is placed in a chiller for maturation regulations discussed above, we are in which the bovines are slaughtered making some nonsubstantive changes to after slaughter. In the rule we published allow periodic APHIS inspection of in the Federal Register in June 1997 § 94.21. In § 94.21(e) (designated as their facilities, records, and operations. § 94.21(g) prior to this interim rule), we allowing the importation of fresh Prior to this interim rule, § 94.21 already (chilled or frozen) beef from Argentina are simplifying the wording of a required that an authorized official of condition for importation to state that (62 FR 34385–34394), it was never our Argentina certify that the required intent that such items be allowed entry ‘‘[t]he meat came from bovines that have conditions for importation have been never been vaccinated for rinderpest,’’ into the United States. When we met. We continue to believe that, in the referred to fresh (chilled or frozen) beef rather than ‘‘[t]he meat came from great majority of cases, certification by bovines that have not been vaccinated in § 94.21, we meant only the traditional an authorized official of Argentina that cuts of meat obtained from a bovine’s for rinderpest at any time during the the requirements for importation have lifetime of any of the bovines carcass, not any part of the animal’s been met will be sufficient verification. head, its feet or hooves, or its internal slaughtered for export of meat,’’ as was However, because of the possibility of stated prior to this interim rule. organs. While portions of a bovine’s occasional differing interpretations of head, feet, hooves, and internal organs Additionally, we are reordering the the regulations, we consider it advisable sequence of the provisions in § 94.21 as may reach the necessary pH level during to enable APHIS representatives to have the required maturation process, these follows: Paragraph (b) as set forth prior access to slaughtering establishments for to this interim rule becomes paragraph items can contain lymph tissue and periodic inspections of the blood clots that may potentially harbor (f); paragraph (c) becomes paragraph (j); establishments and their records and paragraph (d) becomes paragraph (c); FMD virus that is not inactivated. operations. Therefore, we are amending § 94.21 to paragraph (e) becomes paragraph (b); prohibit the importation of any bovine Meaning of ‘‘Originate’’ paragraph (f) becomes paragraph (d); paragraph (g) becomes paragraph (e); parts that are not, by standard practice, One of the conditions for the part of the carcass that is placed in a paragraph (h) becomes paragraph (k); importation of fresh beef from Argentina and paragraph (j) becomes paragraph (l). chiller for maturation after slaughter. has been that the beef originate in Included in this prohibition are all parts Argentina. In order to avoid any Emergency Action of bovine heads, feet, hooves, and misunderstanding of our intent The Administrator of the Animal and internal organs. regarding the term ‘‘originate,’’ we are Plant Health Inspection Service has Ante- and Post-Mortem Inspections specifying in § 94.21(a) that fresh determined that an emergency exists (chilled or frozen) beef to be imported that warrants publication of this interim Because FMD has a short incubation from Argentina must originate from rule without prior opportunity for period, if animals were infected with bovines that were born, raised, and public comment. Immediate action is FMD at a premises of origin, it is likely slaughtered in Argentina. We consider necessary to protect the livestock of the that lesions would be visible in at least this change necessary to make it clear United States from FMD. a few of those animals at the that beef exported from Argentina that Because prior notice and other public slaughtering establishment prior to comes from any animals born, raised, or procedures with respect to this action slaughter. Similarly, post-mortem slaughtered in a country other than are impracticable and contrary to the inspection of carcasses would be likely Argentina may not be imported into the public interest under these conditions, to identify any lesions and vesicles in United States. we find good cause under 5 U.S.C. 553 animals infected with FMD. At the time Blood Clots and Lymphoid Tissue to make this action effective less than 30 we published our 1997 rule allowing the days after publication. We will consider importation of fresh beef from As discussed above, one of the comments that are received within 60 Argentina, it was standard practice in requirements for importing fresh beef days of publication of this rule in the that country to conduct ante- and post- from Argentina has been the removal Federal Register. After the comment mortem inspections of cattle at from the meat of all bone, blood clots, period closes, we will publish another slaughtering establishments, in and lymphoid tissue. Although we document in the Federal Register. The accordance with the Animal Health continue to consider the removal of document will include a discussion of Code of the Office International des these parts necessary, we recognize that any comments we receive and any Epizooties and European Union meat may contain small portions of amendments we are making to the rule requirements. Such inspections blood clots or lymphoid tissue that are as a result of the comments. continue to be conducted as routine not visually identifiable as such. procedure. Because such small parts are unlikely to Executive Order 12866 and Regulatory Because ante- and post-mortem harbor any FMD virus that is not Flexibility Act inspections are carried out as standard inactivated by the process described This rule has been reviewed under practice in Argentina, we did not above under the heading ‘‘Maturation Executive Order 12866. The rule has specifically require such inspections in Process,’’ and because we recognize that been determined to be not significant for the regulations. However, because of the it would be difficult, if not impossible, the purposes of Executive Order 12866 importance of these inspections in to remove parts of blood clots or and, therefore, has not been reviewed by reducing disease risk, we are adding to lymphoid tissue that are not the Office of Management and Budget. § 94.21 explicit requirements for ante- recognizable as such, we are clarifying This interim rule prohibits the and post-mortem inspections of bovines in § 94.21(i) that for fresh beef to be importation of any bovine parts that are slaughtered for the export of fresh beef imported from Argentina, all bone and not, by standard practice, part of the from Argentina to the United States. visually identifiable blood clots and carcass that is placed in a chiller for
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Prohibited Servicing or Replacement (2) Prior to further flight after Aircraft Certification Office (ACO), FAA, (b) For all airplanes: As of 14 days after accomplishment of the action required by Transport Airplane Directorate. Operators December 23, 1999, the servicing of both the paragraph (e)(1) of this AD: Verify shall submit their requests through an left and right backup generators or accomplishment of the maintenance actions appropriate FAA Principal Maintenance replacement of both backup generators with required by paragraphs (d), (d)(1), and (d)(2) Inspector, who may add comments and then new or serviceable components by the same of this AD, as applicable. send it to the Manager, Seattle ACO. individual prior to the same flight is New Requirements of This AD Note 3: Information concerning the prohibited. existence of approved alternative methods of Inspections and Corrective Actions: Rolls- compliance with this AD, if any, may be One-Time Actions for Rolls-Royce Engines Royce and General Electric Engines obtained from the Seattle ACO. (c) For airplanes equipped with Rolls- (f) Within 14 days after the effective date Royce Trent 800 series turbofan engines: of this AD, and thereafter prior to each flight: Special Flight Permits Within 14 days after December 23, 1999, Accomplish paragraphs (f)(1) or (f)(2) of this (i) Special flight permits may be issued in determine whether the status message ‘‘ELEC AD, as applicable. accordance with §§ 21.197 and 21.199 of the BACKUP GEN L(R)’’ and the maintenance (1) For airplanes equipped with Rolls- Federal Aviation Regulations (14 CFR 21.197 message ‘‘Backup generator L(R) has a Royce Trent 800 series turbofan engines: and 21.199) to operate the airplane to a sheared shaft’’ have occurred within the last Accomplish paragraphs (f)(1)(i) and (f)(1)(ii) location where the requirements of this AD 250 flight hours prior to the effective date of of this AD. can be accomplished. this AD. If these messages have occurred (i) Inspect the Electrical Maintenance Page Incorporation by Reference during that time, accomplish follow-on of the engine indicating and crew alerting corrective actions, as applicable, at the times system (EICAS), and perform follow-on (j) Except as provided by paragraphs (a), specified in paragraphs C.1.(c) and D. of corrective actions, as applicable, at the times (d)(1), (e)(1), (e)(2), (g)(1), and (g)(2) of this Rolls-Royce Service Bulletin RB.211–72– specified in and in accordance with the AD, the actions shall be done in accordance C813, Revision 1, dated July 16, 1999, in procedures specified in Boeing Service Letter with Rolls-Royce Service Bulletin RB.211– accordance with the procedures specified in 777–SL–24–023–B, dated August 16, 1999. 72–C813, Revision 1, dated July 16, 1999; the service bulletin. (ii) If the status message ‘‘ELEC BACKUP Boeing Service Letter 777–SL–24–023–B, GEN L(R)’’ is active: Prior to further flight, dated August 16, 1999; Boeing Service Letter Note 2: Boeing Service Letter 777–SL–24– inspect the MAT for certain maintenance 777–SL–24–024, dated August 16, 1999; or 023-B, dated August 16, 1999, references messages indicating a sheared shaft or low oil Boeing Service Letter 777–SL–24–025, dated Rolls-Royce Service Bulletin RB.211–72- pressure, as specified in Step 2.a. of Boeing August 18, 1999; as applicable. This C813, Revision 1, dated July 16, 1999, as an Service Letter 777–SL–24–023–B, dated incorporation by reference was approved additional source of service information to August 16, 1999; and accomplish the previously by the Director of the Federal accomplish certain actions required by this corrective actions specified in Steps 2.a.(1) Register as of December 23, 1999 (64 FR AD. and 2.a.(2) of the service letter, as applicable, 68618, December 8, 1999). Copies may be Inspections and Corrective Actions: Pratt & in accordance with that service letter. obtained from Boeing Commercial Airplane Whitney Engines (2) For airplanes equipped with General Group, P.O. Box 3707, Seattle, Washington (d) For Model 777 series airplanes Electric GE90 series turbofan engines: If the 98124–2207. Copies may be inspected at the equipped with Pratt & Whitney PW4000 status message ‘‘ELEC BACKUP GEN L(R)’’ is FAA, Transport Airplane Directorate, 1601 series turbofan engines: Within 14 days after active, prior to further flight, inspect the Lind Avenue, SW., Renton, Washington; or at December 23, 1999, and thereafter prior to MAT for certain maintenance messages the Office of the Federal Register, 800 North each flight, if the status message ‘‘ELEC indicating a sheared shaft or low oil pressure, Capitol Street, NW., suite 700, Washington, BACKUP GEN L(R)’’ is active, prior to further as specified in Step 1.a. of Boeing Service DC. flight, inspect the Maintenance Access Letter 777–SL–24–024, dated August 16, Terminal (MAT) for certain maintenance 1999; and accomplish the corrective actions Effective Date messages indicating a sheared shaft or low oil specified in Steps 1.a.(1) and 1.a.(2) of the (k) This amendment becomes effective on pressure, in accordance with Step 1.a. of service letter, as applicable, in accordance July 13, 2000. Boeing Service Letter 777-SL–24–025, dated with the service letter. August 18, 1999. Issued in Renton, Washington, on June 21, (1) If any of the specified maintenance Flight Test After Replacement of Backup 2000. messages is active, prior to further flight, Generators: Rolls-Royce and General Electric Donald L. Riggin, remove and replace the backup generator in Engines Acting Manager, Transport Airplane accordance with Airplane Maintenance (g) For airplanes equipped with Rolls- Directorate, Aircraft Certification Service. Manual (AMM) 24–25–01–000–801 or 24– Royce Trent 800 and General Electric GE90 [FR Doc. 00–16233 Filed 6–27–00; 8:45 am] 25–01–400–801, as applicable. series turbofan engines: As of 14 days after (2) If the backup generator shaft is found the effective date of this AD, following any BILLING CODE 4910±13±P to be sheared, or either of the low oil replacement of the backup generator on both pressure messages are active, prior to further the left and right engines, accomplish flight, accomplish the corrective actions paragraphs (g)(1) and (g)(2) of this AD at the DEPARTMENT OF TRANSPORTATION specified in Step 1.a.(1) of Boeing Service times specified in those paragraphs. Letter 777-SL–24–025, dated August 18, (1) Prior to any ETOPS flight, conduct a Federal Aviation Administration 1999, in accordance with that service letter. non-revenue test flight of at least one hour in duration, or a non-ETOPS flight that is either 14 CFR Part 71 Flight Test After Replacement of Backup a non-revenue or revenue flight of at least [Airspace Docket No. 00±AGL±09] Generators: Pratt & Whitney Engines one hour in duration. (e) For airplanes equipped with Pratt & (2) Prior to further flight after Establishment of Class E Airspace; Whitney PW4000 series turbofan engines: As accomplishment of the action required by of 14 days after December 23, 1999, following paragraph (g)(1) of this AD: Verify Minneapolis, Anoka County-Blaine any replacement of the backup generator on accomplishment of the maintenance actions Airport, MN both the left and right engines, accomplish required by paragraph (f)(1) or (f)(2) of this AGENCY: Federal Aviation paragraphs (e)(1) and (e)(2) of this AD at the AD, as applicable. times specified in those paragraphs. Administration (FAA), DOT. (1) Prior to any ETOPS flight, conduct a Alternative Methods of Compliance ACTION: Final rule. non-revenue test flight of at least one hour in (h) An alternative method of compliance or duration, or a non-ETOPS flight that is either adjustment of the compliance time that SUMMARY: This action establishes Class a non-revenue or revenue flight of at least provides an acceptable level of safety may be E airspace at Minneapolis, Anoka one hour in duration. used if approved by the Manager, Seattle County-Blaine Airport, MN. Anoka
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County-Blaine Airport is served by frequent and routine amendments are DEPARTMENT OF TRANSPORTATION Federal Aviation Regulations Part 135 necessary to keep them operationally (14 CFR Part 135) air carrier operations. current. Therefore, this regulation: (1) Is Federal Aviation Administration Controlled airspace extending upward not a ‘‘significant regulatory action’’ from the surface is needed to contain under Executive Order 12866; (2) is not 14 CFR Part 71 aircraft executing instrument flight a ‘‘significant rule’’ under DOT [Airspace Docket No. 99±AGL±42] procedures and provide a safer Regulatory Policies and Procedures (44 operating environment when the control FR 11034; February 26, 1979); and (3) Modification of Class E Airspace; tower is closed. The airport meets the does not warrant preparation of a Marquette, MI; Revocation of Class E minimum communications and weather Regulatory Evaluation as the anticipated Airspace; Sawyer, MI, and K.I. Sawyer, observation and reporting requirements impact is so minimal. Since this is a MI for controlled airspace extending routine matter that will only affect air upward from the surface. This action traffic procedures and air navigation, it AGENCY: Federal Aviation creates controlled airspace with a 3.9- is certified that this rule will not have Administration (FAA), DOT. mile radius for this airport. a significant economic impact on ACTION: Final rule; correction. EFFECTIVE DATE: 0901 UTC, October 5, Regulatory Flexibility Act. SUMMARY: On December 3, 1999, the 2000. List of Subjects in 14 CFR Part 71 FAA published a final rule modifying FOR FURTHER INFORMATION CONTACT: Airspace, Incorporation by reference, Class E airspace at Marquette, MI, and Denis C. Burke, Air Traffic Division, Navigation (air). revoking the Class E airspace at Sawyer, Airspace Branch, AGL–520, Federal MI, and K.I. Sawyer, MI. An integral Aviation Administration, 2300 East Adoption of the Amendment part of this airspace action is the Devon Avenue, Des Plaines, Illinois In consideration of the foregoing, the decommissioning of the Marquette 60018, telephone (847) 294–7568. Federal Aviation Administration (MQT), MI, VHF Omnidirectional SUPPLEMENTARY INFORMATION: amends 14 CFR part 71 as follows: Range/Distance Measuring Equipment (VOR/DME) and commissioning of the History PART 71ÐDESIGNATION OF CLASS A, new Gwinn (GWI), MI, VOR/DME. On On Wednesday, April 12, 2000, the CLASS B, CLASS C, CLASS D, AND February 2, 2000, the effective date of FAA proposed to amend 14 CFR part 71 CLASS E AIRSPACE AREAS; this final rule was delayed until further to establish Class E airspace at AIRWAYS; ROUTES; AND REPORTING notice due to the delay in the Minneapolis, Anoka County-Blaine POINTS commissioning, due to construction, of Airport, MN (65 FR 19701). The 1. The authority citation for part 71 the new Gwinn VOR/DME. On May 2, proposal was to add controlled airspace continues to read as follows: 2000, the effective date of this final rule extending upward from the surface is was established as August 10, 2000, contain Instrument Flight Rules (IFR) Authority: 49 U.S.C. 106(g), 40103, 40113, concurrent with the commissioning of operations in controlled airspace during 40120; E.O. 10854, 24 FR 95665, 3 CFR, 1959–1963 Comp., p. 389. the GWI VOR/DME. Subsequent to May portions of the terminal operation and 2, 2000, the decision was made to while transiting between the enroute § 71.1 [Amended] change the name of the GWI VOR/DME and terminal environments. 2. The incorporation by reference in to the Sawyer (SAW) VOR/DME. This Interested parties were invited to 14 CFR 71.1 of the Federal Aviation action makes that name correction. participate in this rulemaking Administration Order 7400.9G, Airspace EFFECTIVE DATE: 0901 UTC, August 10, proceeding by submitting written Designations and Reporting Points, 2000. comments on the proposal to the FAA. dated September 1, 1999, and effective No comments objecting to the proposal FOR FURTHER INFORMATION CONTACT: September 16, 1999, is amended as Denis C. Burke, Air Traffic Division, were received. Class E airspace follows: designations for airspace areas Airspace Branch, AGL–520, Federal extending upward from the surface of * * * * * Aviation Administration, 2300 East the earth are published in paragraph Devon Avenue, Des Plaines, Ilinois Paragraph 6002 Class E airspace designated 60018, telephone (847) 294–7568. 6002 of FAA Order 7400.9G dated on a surface area. SUPPLEMENTARY INFORMATION: On September 1, 1999, and effective * * * * * September 16, 1999, which is December 3, 1999, the FAA published a incorporated by reference in 14 CFR AGL MN E2 Minneapolis, Anoka County- final rule modifying Class E airspace at 71.1. The Class E airspace designation Blaine Airport, MN [New] marquette, MI, and revoking the Class E listed in this document will be Anoka County-Blaine Airport, MN airspace at Sawyer, MI, and K.I. Sawyer, published subsequently in the Order. (Lat. 45°08′42″ N., long 93°12′41″ W.) MI (64 FR 67713). Due to a delay in Within an 3.9-mile radius of the construction, and subsequent The Rule Minneapolis, Anoka County-Blaine Airport. commissioning, of the new Gwinn, MI, This amendment to 14 CFR part 71 This Class E airspace area is effective during VOR/DME this airspace action could not establishes Class E airspace at the specific dates and times established in be implemented on the original effective advance by Notice to Airmen. The effective Minneapolis, Anoka County-Blaine date and time will thereafter be continously date. Accordingly, the effective date of Airport, MN, to accommodate and Part published in the Airport/Facility Directory. the modification of the Class airspace at 135 air carrier aircraft executing Marquette, MI, and the revocation of the * * * * * instrument flight rules procedure during Class E airspace at Sawyer, MI, and K.I. periods when the control tower is Issued in Des Plaines, Illinois on June 14, Sawyer, MI, was delayed until further closed. The area will be depicted on 2000. notice (65 FR 4871). appropriate aeronautical charts. Christopher R. Blum, Subsequently, the new effective date The FAA has determined that this Manager, Air Traffic Division. of the final rule modifying Class E regulation only involves an established [FR Doc. 00–16333 Filed 6–27–00; 8:45 am] airspace at Marquette, MI, and revoking body of technical regulations for which BILLING CODE 4910±13±M the Class E airspace at Sawyer, MI, and
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K.I. Sawyer, MI was established as Minneapolis, Crystal Airport, MN (65 PART 71ÐDESIGNATION OF CLASS A, August 10, 2000 (65 FR 25440). After FR 20932). The proposal was to add CLASS B, CLASS C, CLASS D, AND establishing this new effective date, a controlled airspace extending upward CLASS E AIRSPACE AREAS; decision was made to change the name from the surface to contain Instrument AIRWAYS, ROUTES, AND REPORTING of the GWI VOR/DME to the SAW VOR/ Flight Rules (IFR) operations in POINTS DME to more accurately reflect the controlled airspace during portions of location of the navigational aid. the terminal operation and while 1. The authority citation for part 71 continues to read as follows: Accordingly, all references to the Gwinn transiting between the enroute and (GI), MI, VOR/DME are changed to the terminal environments. Authority: 49 U.S.C. 106(g), 40103, 40113, Sawyer (SAW), MI, VOR/DME in the 40120; E.O. 10854, 24 FR 95665, 3 CFR, Interested parties were invited to 1959–1963 Comp., p. 389. final rule modifying Class E airspace at participate in this rulemaking Marquette, MI, and revoking the Class E proceeding by submitting written § 71.1 [Amended] airspace at Sawyer, MI, and K.I. Sawyer, comments on the proposal to the FAA. MI (64 FR 67713). 2. The incorporation by reference in No comments objecting to the proposal 14 CFR 71.1 of the Federal Aviation Issued in Des Plaines, Illinois on June 15, were received. Class E airspace Administration Order 7400.9G, Airspace 2000. designations for airspace areas Designations and Reporting Points, Christopher R. Blum, extending upward from the surface of dated September 1, 1999, and effective Manager, Air Traffic Division. the earth are published in paragraph September 16, 1999, is amended as [FR Doc. 00–16334 Filed 6–27–00; 8:45 am] 6002 of FAA Order 7400.9G dated follows: BILLING CODE 4910±13±M September 1, 1999, and effective * * * * * September 16, 1999, which is incorporated by reference in 14 CFR Paragraph 6002 Class E airspace designated DEPARTMENT OF TRANSPORTATION 71.1. The Class E airspace designation as a surface area. listed in this document will be * * * * * Federal Aviation Administration published subsequently in the Order. AGL MN E2 Minneapolis, Crystal Airport, MN [New] 14 CFR Part 71 The Rule Crystal Airport, MN [Airspace Docket No. 00±AGL±10] This amendment to 14 CFR part 71 (Lat. 43° 03′ 43″ N., long. 93° 21′ 14″ W.) establishes Class E airspace at Within an 3.8-mile radius of the Establishment of Class E Airspace; Minneapolis, Crystal Airport, MN, to Minneapolis, Crystal Airport. This Class E Minneapolis, Crystal Airport, MN accommodate and Part 135 air carrier airspace area is effective during the specific dates and times established in advance by AGENCY: Federal Aviation aircraft executing instrument flight rules procedure during periods when the Notice to Airmen. The effective date and time Administration (FAA), DOT. will thereafter be continuously published in ACTION: Final rule. control tower is closed. The area will be the Airport/Facility Directory. depicted on appropriate aeronautical * * * * * SUMMARY: This action establishes Class charts. E airspace at Minneapolis, Crystal Issued in Des Plaines, Illinois on June 14, The FAA has determined that this Airport, MN. Crystal Airport is served 2000. regulation only involves an established by Federal Aviation Regulations Part Christopher R. Blum, body of technical regulations for which 135 (14 (CFR Part 135) air carrier frequent and routine amendments are Manager, Air Traffic Division. operations. Controlled airspace necessary to keep them operationally [FR Doc. 00–16335 Filed 6–27–00; 8:45 am] extending upward from the surface is current. Therefore, this regulation: (1) Is BILLING CODE 4910±13±M need to contain aircraft executing not a ‘‘significant regulatory action’’ instrument flight procedures and under Executive Order 12866; (2) is not provide a safer operating environment DEPARTMENT OF TRANSPORTATION a ‘‘significant rule’’ under DOT when the control tower is closed. The airport meets the minimum Regulatory Policies and Procedures (44 Federal Aviation Administration communications and weather FR 11034; February 26, 1979); and (3) observation and reporting requirements does not warrant preparation of a 14 CFR Part 71 Regulatory Evaluation as the anticipated for controlled airspace extending [Airspace Docket No. 00±AGL±07] upward from the surface. This action impact is no minimal. Since this is a routine matter that will only affect air creates controlled airspace with a 3.8- Establishment of Class E Airspace; traffic procedures and air navigation, it mile radius for this airport. Wadena, MN is certified that this rule will not have EFFECTIVE DATE: 0901 UTC, October 5, a significant economic impact on a AGENCY: Federal Aviation 2000. substantial number of small entities Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: under the criteria of the Regulatory ACTION: Final rule. Denis C. Burke, Air Traffic Division, Flexibility Act. Airspace Branch, AGL–520, Federal SUMMARY: This action establishes Class Aviation Administration, 2300 East List of Subjects in 14 CFR Part 71 E airspace at Wadena, MN. An Area Devon Avenue, Des Plaines, Illinois Navigation (RNAV) Standard Instrument Airspace, Incorporation by reference, 60018, telephone (847) 294-7568. Approach Procedure (SIAP) to Runway Navigation (air). SUPPLEMENTARY INFORMATION: (Rwy) 34 has been developed for Adoption of the Amendment Wadena Municipal Airport. Controlled History airspace extending upward from 700 On Wednesday, April 19, 2000, the In consideration of the foregoing, the feet or more above the surface of the FAA proposed to amend 14 CFR part 71 Federal Aviation Administration earth is needed to contain aircraft to establish Class E airspace at amends 14 CFR part 71 as follows: executing this approach. This action
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Notice to Airmen (NOTAM) as an PART 97ÐSTANDARD INSTRUMENT Detroit/Grosse, MI, Grosse Ile Muni, emergency action of immediate flight APPROACH PROCEDURES RNAV RWY 22, Orig safety relating directly to published Marquette, MI, Sawyer Intl, VOR/DME 1. The authority citation for part 97 is aeronautical charts. The circumstances RWY 1, Orig which created the need for some SIAP revised to read as follows: Marquette, MI, Sawyer Intl, VOR RWY amendments may require making them Authority: 49 U.S.C. 106(g), 40103, 40113, effective in less than 30 days. For the 40120, 44701; and 14 CFR 11.49(b)(2). 1, Orig remaining SIAPs, an effective date at 2. Part 97 is amended to read as Marquette, MI, Sawyer Intl, VOR RWY least 30 days after publication is follows: 19, Orig provided. §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33 Marquette, MI, Sawyer Intl, NDB RWY Further, the SIAPs contained in this and 97.35 [Amended] 1, Orig amendment are based on the criteria By amending: § 97.23 VOR, VOR/ Marquette, MI, Sawyer Intl, ILS RWY 1, contained in the U.S. Standard for DME, VOR or TACAN, and VOR/DME Orig Terminal Instrument Procedures or TACAN; § 97.25 LOC, LOC/DME, Saginaw, MI, Saginaw County H. W. (TERPS). In developing these SIAPs, the LDA, LDA/DME, SDF, SDF/DME; Browne, RNAV RWY 27, Orig TERPS criteria were applied to the § 97.27 NDB, NDB/DME; § 97.29 ILS, conditions existing or anticipated at the ILS/DME, ISMLS, MLS, MLS/DME, Hibbing, MN, Chisholm-Hibbing, LOC affected airports. Because of the close MLS/RNAV; § 97.31 RADAR SIAPs; BC RWY 13, Amdt 11A, CANCELLED and immediate relationship between § 97.33 RNAV SIAPs; and § 97.35 Baker, MT, Baker Muni, NDB RWY 13, these SIAPs and safety in air commerce, COPTER SIAPs, identified as follows: Orig I find that notice and public procedure * * * Effective August 10, 2000 Baker, MT, Baker Muni, NDB RWY 31, before adopting these SIAPs are Orig impracticable and contrary to the public Adak, AK, Adak NAF, NDB/DME RWY interest and, where applicable, that 23, Orig Monticello, NY, Sullivan County Intl, Clearwater, FL, Clearwater Air Park, good cause exists for making some RNAV RWY 33, Orig GPS RWY 16, Orig, CANCELLED Fargo, ND, Hector Intl, RNAV RWY 8, SIAPs effective in less than 30 days. Clearwater, FL, Clearwater Air Park, Orig Conclusion RNAV RWY 16, Orig, Marietta, GA, Cobb County-McCollum Fargo, ND, Hector Intl, RNAV RWY 26, The FAA has determined that this Field, ILS RWY 27, Amdt 1 Orig regulation only involves an established Marietta, GA, Cobb County-McCollum Fort Stockton, TX, Fort Stockton-Pecos body of technical regulations for which Field, GPS RWY 9, Orig, CANCELLED County, VOR RWY 12, Amdt 8 frequent and routine amendments are Marietta, GA, Cobb County-McCollum necessary to keep them operationally Field, GPS RWY 27, Orig, Fort Stockton, TX, Fort Stockton-Pecos current. It, therefore—(1) is not a CANCELLED County, VOR/DME RWY 30, Orig ‘‘significant regulatory action’’ under Marietta, GA, Cobb County-McCollum Fort Stockton, TX, Fort Stockton-Pecos Executive Order 12866; (2) is not a Field, RNAV RWY 9, Orig County, RNAV RWY 12, Orig Marietta, GA, Cobb County-McCollum ‘‘significant rule’’ under DOT Fort Stockton, TX, Fort Stockton-Pecos Regulatory Policies and Procedures (44 Field, RNAV RWY 27, Orig Milledgeville, GA, Baldwin County, County, RNAV RWY 30, Orig FR 11034; February 26, 1979); and (3) NDB RWY 28, Amdt 1 Fort Stockton, TX, Fort Stockton-Pecos does not warrant preparation of a Pikeville, KY, Pike County-Hatcher County, GPS RWY 12, Orig-A regulatory evaluation as the anticipated Field, GPS RWY 9, Amdt Orig-A, Fort Stockton, TX, Fort Stockton-Pecos impact is so minimal. For the same CANCELLED reason, the FAA certifies that this Pikeville, KY, Pike County-Hatcher County, GPS RWY 30, Orig-A amendment will not have a significant Field, RNAV RWY 9, Orig Port Lavaca, TX, Calhoun County, VOR/ economic impact on a substantial Pikeville, KY, Pike County-Hatcher DME–A, Amdt 4 number of small entities under the Field, GPS RWY 27, Amdt Orig-A, Port Lavaca, TX, Calhoun County, NDB criteria of the Regulatory Flexibility Act. CANCELLED RWY 14, Amdt 4 Pikeville, KY, Pike County-Hatcher List of Subjects in 14 CFR Part 97 Field, RNAV RWY 27, Orig Port Lavaca, TX, Calhoun County, Air traffic control, Airports, Escanaba, MI, Delta County, ILS RWY 9, RNAV RWY 14, Orig Navigation (air). Amdt 1 Rockport, TX, Aransas Co, VOR/DME Gwinn, MI, Sawyer Intl, VOR/DME–A, OR TACAN–A, Amdt 9 Issued in Washington, DC on June 23, Orig, CANCELLED 2000. Gwinn, MI, Sawyer Intl, NDB RWY 1, Rockport, TX, Aransas Co, NDB RWY L. Nicholas Lacey, Orig, CANCELLED 14, Orig Director, Flight Standards Service. Gwinn, MI, Sawyer Intl, NDB RWY 19, Rockport, TX, Aransas Co, NDB 1 RWY Orig, CANCELLED 14, Amdt 7, CANCELLED Adoption of the Amendment Gwinn, MI, Sawyer Intl, ILS RWY 1, Orig, CANCELLED Rockport, TX, Aransas Co, NDB 2 RWY Accordingly, pursuant to the Marquette, MI, Sawyer Intl, RNAV RWY 14, Amdt 3, CANCELLED authority delegated to me, part 97 of the 19, Orig Rockport, TX, Aransas Co, RNAV RWY Federal Aviation Regulations (14 CFR Hancock, MI, Houghton County 14, Orig part 97) is amended by establishing, Memorial, ILS RWY 31, Amdt 13 [FR Doc. 00–16339 Filed 6–27–00; 8:45 am] amending, suspending, or revoking Iron Mountain/Kingsford, MI, Ford, Standard Instrument Approach LOC/DME BC RWY 19, Amdt 13 BILLING CODE 4910±13±M Procedures, effective at 0901 UTC on Iron Mountain/Kingsford, MI, Ford, ILS the dates specified, as follows: RWY 1, Amdt 12
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DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Standard for Terminal Instrument Donald P. Pate, Flight Procedure Procedures (TERPS). In developing Federal Aviation Administration Standards Branch (AMCAFS–420), these chart changes to SIAPs by FDC/P Flight Technologies and Programs NOTAMs, the TERPS criteria were 14 CFR Part 97 Division, Flight Standards Service, applied to only these specific conditions [Docket No. 30089; Amdt. No. 1998] Federal Aviation Administration, Mike existing at the affected airports. All Monroney Aeronautical Center, 6500 SIAP amendments in this rule have Standard Instrument Approach South MacArthur Blvd., Oklahoma City, been previously issued by the FAA in a Procedures; Miscellaneous OK 73169 (Mail Address: P.O. Box National Flight Data Center (FDC) Amendments 25082, Oklahoma City, OK 73125), Notice to Airmen (NOTAM) as an telephone: (405) 954–4164. emergency action of immediate flight AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: This safety relating directly to published Administration (FAA), DOT. amendment to part 97 of the Federal aeronautical charts. The circumstances ACTION: Final rule. Aviation Regulations (14 CFR part 97) which created the need for all these establishes, amends, suspends, or SIAP amendments requires making SUMMARY: This amendment establishes, revokes Standard Instrument Approach them effective in less than 30 days. amends, suspends, or revokes Standard Procedures (SIAPs). The complete Further, the SIAPs contained in this Instrument Approach Procedures regulatory description on each SIAP is amendment are based on the criteria (SIAPs) for operations at certain contained in the appropriate FAA Form contained in the TERPS. Because of the airports. These regulatory actions are 8260 and the National Flight Data close and immediate relationship needed because of changes occurring in Center (FDC)/Permanent (P) Notices to between these SIAPs and safety in air the National Airspace System, such as Airmen (NOTAM) which are commerce, I find that notice and public the commissioning of new navigational incorporated by reference in the procedure before adopting these SIAPs facilities, addition of new obstacles, or amendment under 5 U.S.C. 552(a), 1 are impracticable and contrary to the changes in air traffic requirements. CFR part 51, and § 97.20 of the Federal public interest and, where applicable, These changes are designed to provide Aviation’s Regulations (FAR). Materials that good cause exists for making these safe and efficient use of the navigable incorporated by reference are available SIAPs effective in less than 30 days. airspace and to promote safe flight for examination or purchase as stated operations under instrument flight rules above. Conclusion at the affected airports. The large number of SIAPs, their The FAA has determined that this DATES: An effective date for each SIAP complex nature, and the need for a regulation only involves an established is specified in the amendatory special format make their verbatim body of technical regulations for which provisions. publication in the Federal Register frequent and routine amendments are Incorporation by reference-approved expensive and impractical. Further, necessary to keep them operationally by the Director of the Federal Register airmen do not use the regulatory text of current. It, therefore—(1) is not a on December 31, 1980, and reapproved the SIAPs, but refer to their graphic ‘‘significant regulatory action’’ under as of January 1, 1982. depiction of charts printed by Executive Order 12866; (2) is not a ADDRESSES: Availability of matter publishers of aeronautical materials. ‘‘significant rule’’ under DOT incorporated by reference in the Thus, the advantages of incorporation Regulatory Policies and Procedures (44 amendment is as follows: by reference are realized and FR 11034; February 26, 1979); and (3) publication of the complete description For Examination does not warrant preparation of a of each SIAP contained in FAA form regulatory evaluation as the anticipated 1. FAA Rules Docket, FAA documents is unnecessary. The impact is so minimal. For the same Headquarters Building, 800 provisions of this amendment state the reason, the FAA certifies that this Independence Avenue, SW., affected CFR (and FAR) sections, with amendment will not have a significant Washington, DC 20591; the types and effective dates of the economic impact on a substantial 2. The FAA Regional Office of the SIAPs. This amendment also identifies number of small entities under the region in which affected airport is the airport, its location, the procedure criteria of the Regulatory Flexibility Act. located; or identification and the amendment 3. The Flight Inspection Area Office number. List of Subjects in 14 CFR Part 97 which originated the SIAP. The Rule Air traffic Control, Airports, Navigation (air). For Purchase This amendment to part 97 of the Individual SIAP copies may be Federal Aviation Regulations (14 CFR Issued in Washington, DC on June 23, 2000. obtained from: part 97) establishes, amends, suspends, 1. FAA Public Inquiry Center (APA– or revokes SIAPs. For safety and L. Nicholas Lacey, 200), FAA Headquarters Building, 800 timeliness of change considerations, this Director, Flight Standards Service. Independence Avenue, SW., amendment incorporates only specific Adoption of the Amendment Washington, DC 20591; or changes contained in the content of the 2. The FAA Regional Office of the following FDC/P NOTAMs for each Accordingly, pursuant to the region in which the affected airport is SIAP. The SIAP information in some authority delegated to me, part 97 of the located. previously designated FDC/Temporary Federal Aviation Regulations (14 CFR (FDC/T) NOTAMs is of such duration as part 97) is amended by establishing By Subscription to be permanent. With conversion to Regulations (14 CFR part 97) is Copies of all SIAPs, mailed once FDC/P NOTAMs, the respective FDC/T amended by establishing, amending, every 2 weeks, are for sale by the NOTAMs have been canceled. suspending, or revoking Standard Superintendent of Documents, U.S. The FDC/P NOTAMs for the SIAPs Instrument Approach Procedures, Government Printing Office, contained in this amendment are based effective at 0901 UTC on the dates Washington, DC 20402. on the criteria contained in the U.S. specified, as follows:
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PART 97ÐSTANDARD INSTRUMENT 2. Part 97 is amended to read as LDA, LDA/DME, SDF, SDF/DME; APPROACH PROCEDURES follows: § 97.27 NDB, NDB/DME;§ 97.29 ILS, ILS/DME, ISMLS, MLS, MLS/DME, §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33 1. The authority citation for part 97 is MLS/RNAV; § 97.31 RADAR SIAPs; revised to read as follows: and 97.35 [Amended] § 97.33 RNAV SIAPs; and § 97.35 Authority: 49 U.S.C. 40130, 40113, 40120, By amending; § 97.23 VOR, VOR/ COPTER SIAPs, identified as follows: 44701; 49 U.S.C. 106(g); and 14 CFR DME, VOR or TACAN, and VOR/DME 11.49)(b)(2). or TACAN; § 97.25 LOC, LOC/DME, * * * Effective Upon Publication
FDC date State City Airport FDC SIAP
04/17/00 ...... ID Boise ...... Boise Air Terminal (Gowen Field) ...... 0/3788 ILS Rwy 10R, Amdt 8C... 06/01/00 ...... IL Champaign/Urbana ...... University of IllinoisÐWilliard ...... 0/5785 GPS Rwy 18 Orig... 06/01/00 ...... MI Saginaw ...... MBS Intl ...... 0/06682 VOR OR GPS RWY 32, AMDT 9... This Replaces 0/5787 06/09/00 ...... FL Gainseville ...... Gainsevill Regional ...... 0/6193 NDB Rwy 28, Amdt 8B... 06/09/00 ...... MN Hibbing ...... Chisholm-Hibbing ...... 0/6178 VOR or GPS Rwy 13, Amdt 12... 06/09/00 ...... MN Hibbing ...... Chisholm-Hibbing ...... 0/6179 VOR or GPS Rwy 31, Amdt 16... 06/09/00 ...... NC New Bern ...... Craven County Regional ...... 0/6176 VOR or GPS Rwy 22, Amdt 1C... 06/12/00 ...... IL Chicago ...... Chicago-O'Hare Intl ...... 0/6259 ILS Rwy 4R, Amdt 6C... 06/12/00 ...... NC Charlottee ...... Charlottee/Douglas Intl ...... 0/6260 ILS Rwy 23, Amdt 1... 06/14/00 ...... MI Menominee ...... MenomineeÐMarinette Twin County .. 0/6347 GPS Rwy 32, Orig... This Replaces 0/5919 06/15/00 ...... FL Destin ...... Destin-Fort Walton Beach ...... 0/06411 RNAV Rwy 32, Orig... 06/15/00 ...... FL Jacksonville ...... Cecil Field ...... 0/6412 Radar-1, Orig... 06/15/00 ...... IL Chicago/Lake in the Hills Lake in the Hills ...... 0/6380 VOR Rwy 26,Amdt 3... 06/15/00 ...... IL Chicago/Prospect Hgts/ Palwaukee Muni ...... 0/6416 GPS Rwy 16, Orig... Wheeling. 06/15/00 ...... IL Chicago ...... Chicago-O'Hare Intl ...... 0/6382 LOC Rwy 4L, Amdt 19C... 06/15/00 ...... IL Chicago ...... Chicago-O'Hare Intl ...... 0/6418 ILS Rwy 14L (Cat I, Cat II, Cat III), Amdt 28C... 06/15/00 ...... IL Chicago ...... Chicago-O'Hare Intl ...... 0/6419 ILS Rwy 14R (Cat I, Cat II, Cat III), Amdt 29B... 06/1500 ...... IL De Kalb ...... De Kalb Taylor Muni ...... 0/06417 VOR/DME or GPS Rwy 27, Amdt 5... 06/15/00 ...... MI Pellston ...... Pellston Regional Airport of Emmet 0/6453 VOR or GPS Rwy 23, Amdt 15... County. This Replaces 0/5908 06/15/00 ...... NH Lebnon ...... Lebanon Muni ...... 0/6406 GPS Rwy 25 Orig... 06/15/00 ...... NH Lebanon ...... Lebanon Muni ...... 0/6507 GPS Rwy 7 Orig... 06/15/00 ...... OR Salem ...... McNary Field...... 0/6488 NDB or GPS Rwy 31, Amdt 18C... 06/15/00 ...... TN Memphis ...... Memphis Intl ...... 0/6377 ILS Rwy 9, Amdt 26... 06/15/00 ...... TN Memphis ...... Memphis Intl ...... 0/6378 NDB or GPS Rwy 9, Amdt 26A... 06/15/00 ...... WY Cheyenne ...... Cheyenne ...... 0/6481 NDB Rwy 26, Amdt 13... 06/16/00 ...... AK Nome ...... Nome ...... 0/6548 ILS Z Rwy 27, Amdt 1... 06/16/00 ...... AK Nome ...... Nome ...... 0/6551 ILS Rwy 27, Amdt 5... 06/16/00 ...... ND Dickinson ...... Dickinson Muni ...... 0/6522 VOR or GPS±A, Amdt 5... 06/19/00 ...... CA Los Banos ...... Los Banos Muni ...... 0/6645 VOR/DME or GPS Rwy 32 Amdt 4A... 06/19/00 ...... CA NAPA ...... NAPA County ...... 0/6644 VOR or GPS Rwy 6 Amdt 11A... 06/19/00 ...... CA Ontario ...... Ontario Intl ...... 0/6627 ILS Rwy 26L (Cat 1, Cat II, CAT III) Amdt 7A... 06/19/00 ...... FL Zephyrhills ...... Zephyrhills Muni ...... 0/6676 GPS Rwy 36, Orig... 06/19/00 ...... MI Saginaw ...... MBS Intl ...... 0/6683 VOR or GPS Rwy 14, Amdt 13... This Replaces 0/5788 06/19/00 ...... OK Stigler ...... Stigler Muni ...... 0/6648 GPS Rwy 17, Orig... 06/19/00 ...... OK Stigler ...... Stigler Muni ...... 0/6649 GPS Rwy 35, Orig... 06/20/00 ...... WI Fond Du Lac ...... Fond Du Lac County ...... 0/6743 VOR/DME or GPS Rwy 18, Amdt 6A... 06/20/00 ...... WI Fond Du Lac ...... Fond Du Lac County ...... 0/6744 VOR/DME Rwy 36, Amdt 6A... 06/20/00 ...... WI Fond Du Lac ...... Fond Du Lac County ...... 0/6745 GPS Rwy 36, Orig-A... 06/20/00 ...... WI Fond Du Lac ...... Fond Du Lac County ...... 0/6746 SDF Rwy 36, Amdt 6A... 06/21/00 ...... GA Rome ...... Richard B. Russell ...... 0/6805 NDB or GPS±A, Amdt 6... 06/21/00 ...... GA Rome ...... Richard B. Russell ...... 0/6806 ILS/DME Rwy 1, Orig... 06/21/00 ...... GA Rome ...... Richard B. Russell ...... 0/6807 VOR/DME or GPS Rwy 1, Amdt 8A... 06/21/00 ...... IL Taylorville ...... Taylorville Muni ...... 0/6813 NDB Rwy 18, Amdt 3... 06/21/00 ...... MO Sikeston ...... Sikeston Memorial Muni ...... 0/6797 VOR/DME or GPS Rwy 2, Amdt 1B... 06/21/00 ...... MO Sikeston ...... Sikeston Memorial Muni ...... 0/6798 GPS Rwy 20, Orig-A
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[FR Doc. 00–16338 Filed 6–27–00; 8:45 am] than a ‘‘raised or depressed insignia,’’ approval of accreditation bodies to BILLING CODE 4910Ð13ÐM and that these fasteners are not subject accredit laboratories. NIST also must to the recordal requirements if the accept affirmations, in the form of self- specifications provide otherwise. declarations that the accreditation DEPARTMENT OF COMMERCE DATES: This rule is effective July 28, bodies meet the requirements of the 2000. applicable Guide, from accreditation National Institute of Standards and bodies accrediting third parties who FOR FURTHER INFORMATION CONTACT: Dr. certify manufacturing systems as Technology Subhas Malghan, Director’s Office, fastener quality assurance systems and Technology Services, National Institute from accreditation bodies accrediting 15 CFR Part 280 of Standards and Technology, Mail Stop laboratories. 2000, Gaithersburg, MD 20899–2000, [Docket No: 980623159±0166±04] The Act eliminates many of the telephone number (301) 975–4510. RIN 0693±AB47 responsibilities delegated by the SUPPLEMENTARY INFORMATION: Secretary of Commerce to NIST under Procedures for Implementation of the Background the FQA, including: establishing Fastener Quality Act procedures for private entities (domestic The Fastener Quality Act (FQA) was and foreign) to accredit laboratories; AGENCY: National Institute of Standards originally enacted in 1990 to protect the establishing conditions for recognizing and Technology and the Bureau of public safety by: (1) Requiring that foreign laboratories accredited by their Export Administration and the United certain fasteners which are sold in governments or organizations; States Patent and Trademark Office, commerce conform to the specifications establishing the size, selection, and United States Department of Commerce. to which they are represented to be integrity of samples of fasteners to be ACTION: Final rule. manufactured, (2) providing for inspected if not provided in the accreditation of laboratories engaged in standards and specifications to which SUMMARY: The Director of the National fastener testing; and (3) requiring the fasteners are manufactured; Institute of Standards and Technology inspection, testing and certification, in establishing a required form for written (NIST), United States Department of accordance with standardized methods, inspection and testing reports; Commerce, and the Under Secretary of of fasteners covered by the Act. Since its establishing which entities must retain the Bureau of Export Administration, enactment, the FQA has been amended custody of laboratory testing reports and United States Department of Commerce, three times (Pub. L. 104–113, Pub. L. certificates of conformance and for what and the Under Secretary for Intellectual 105–234, and Pub. L. 106–34). The period of time. Property and Director of the United Department of Commerce published The Department published a notice of States Patent and Trademark Office, final implementing regulations for the proposed rule making in the Federal United States Department of Commerce original FQA on September 26, 1996 Register on December 15, 1999 (64 FR (collectively referred to as the and for the FQA as amended by Pub. L. 69969), seeking public comment on Department) are today issuing a final 104–113 on September 8, 1998. proposed amendments to the rule amending regulations found at 15 On June 8, 1999, the Fastener Quality regulations to implement the FQA as CFR part 280 implementing the Fastener Act Amendments of 1999 (the Act) (Pub. amended by the Fastener Quality Act Quality Act (FQA). A notice of proposed L. 106–34, 113 Stat. 118) were enacted Amendments of 1999. The comment rulemaking on this topic was published ‘‘to amend the Fastener Quality Act to period was to close on January 14, 2000. in the Federal Register on December 15, strengthen the protection against the During the comment period, the 1999. This final rule responds to sale of mismarked, misrepresented, and Department received five responses comments received on the December 15, counterfeit fasteners and eliminate requesting an extension of the comment 1999 notice of proposed rulemaking and unnecessary requirements, and for other period. On January 11, 2000, the incorporates into the regulations purposes.’’ The Act made significant Department published a notice in the amendments to the Fastener Quality Act changes to the FQA. Under the Act, the Federal Register ((65 FR 1572)(2000)) contained in the Fastener Quality Act Secretary retains his enforcement extending the comment period to Amendments of 1999. The changes functions and the responsibility for January 28, 2000. include the elimination of testing and establishing and maintaining an insignia paperwork requirements and of NIST’s recordation program, and the National Summary of Public Comments Received role in evaluating and approving bodies Institute of Standards and Technology by the Department in Response to the that accredit laboratories and registrars. (NIST) must continue its fastener December 15, 1999 Notice of Proposed The final rule amends the regulations laboratory accreditation program Rulemaking, and the Department’s to set forth the procedures under which established under the National Response to Those Comments NIST will accept petitions for approval Voluntary Laboratory Accreditation In addition to the five responses of certain documents and self- Program (15 CFR part 285). In addition, requesting an extension of the comment declarations for accreditation bodies. the Act creates new responsibilities for period, the Department received The final rule also amends the NIST, including: acting upon petitions thirteen responses to the request for enforcement provisions of the requesting approval of documents comments. Five responses were regulations to set forth violations as they setting forth guidance/requirements for received from domestic associations; are contained in the amended FQA. The certification of manufacturing systems two were from accreditation bodies, one final rule amends the recordal of as fastener quality assurance systems by domestic and one foreign; one was from insignia provisions of the regulations to accredited third parties; acting upon a domestic fastener manufacturer; one remove all references to private label petitions requesting approval of was from a foreign steel manufacturer; distributors and to provide that documents setting forth guidance/ one was from a domestic fastener fasteners whose insignia must be requirements for accreditation of importer; one was from a domestic recorded are those fasteners that are laboratories; and acting upon petitions fastener distributor; and one was a required by the applicable consensus requesting approval of documents domestic quality consultant. A detailed standards to bear ‘‘an insignia’’ rather setting forth guidance/requirements for analysis of the comments follows.
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Comments on the Fastener Quality Act Guide 58 (or another document One of the two commenters asked: (1) Amendments of 1999 approved by the Director under section Until June 2001, would the ‘‘mill test Comment: Five commenters raised 10(d), including revisions from time to report issued by steel melter be concerns with the Fastener Quality Act time,’’ section 280.103 of the proposed permitted as the record of conformance Amendments of 1999, not the rule limited laboratory accreditation on chemistry retained by bodies to ‘‘any voluntary laboratory manufacturers? (2) What if the ‘‘mill test implementing regulations. accreditation program that may be report’’ above contains the statement Response: The Department is established by private sector person(s) that the chemistry was tested and implementing the legislation enacted by or by the National Voluntary Laboratory certified by its entrusted subsidiary-lab? Congress. Comments raising concerns Accreditation Program (NVLAP) for (3) After June 2001, would the ‘‘mill test with the Act, itself, are outside the fasteners, established by the Director report’’ issued by steel melter be scope of this rulemaking. under Part 285 of this Title.’’ permitted as the record of conformance Comments on the Establishment of a Response: The Department agrees. on chemistry, if it contains the Hotline System To Facilitate the Based on these comments, and to statement that the chemistry was tested Reporting of Alleged Violations of the eliminate the discrepancy between the and certified by its entrusted subsidiary- FQA proposed rule and the amended FQA, lab which is accredited? The other the Department has revised section commenter stated: ‘‘The Department Comment: Four comments related to 280.103 of the final rule. The regulation proposed the repeal of the regulations the fastener hotline system to facilitate now makes clear that both public and implementing the section 280.15, found the reporting of alleged violations of the private sector accreditation bodies that at 15 CFR part 280. Therefore I FQA that the Secretary is required to meet the requirements of ISO/IEC Guide understand that ‘(F) the chemistry and establish and maintain under section 58, in addition to NVLAP, may be grade of material’ of section 3(13) of the 6(d)(2) of the FQA, as amended. All authorized to accredit fastener Fastener Quality Act Amendments of favored the speedy establishment of the laboratories. 1999 don’t require the results tested by hotline. The three associations that Comment: One commenter suggested the accredited laboratory.’’ commented on this subject said that the that NIST maintain a list of laboratory Response: The answers to these hotline should be operated by the accreditation bodies that have self- questions require a legal opinion Bureau of Export Administration (BXA) affirmed to NIST and that NIST make applying the statute to specific facts. since ‘‘BXA is an experienced the list publicly available on its website. The Department is not authorized to enforcement agency and has Response: Since NIST no longer has issue such opinions. Therefore, the responsibility under sections 280.203 authority to accept and verify Department suggests that these through 280.222 of the proposed documentation regarding the commenters seek counsel from their regulations for administrative conformance of laboratory accreditation attorneys. enforcement proceedings.’’ The fourth bodies to the requirements of ISO/IEC commenter, a domestic manufacturer of Guide 58 or another document approved Comments on Redesignated Subpart C: products that incorporate fasteners, said by the Director under section 10(d) of Enforcement that the National Institute of Standards the Act, NIST cannot list laboratory Comment: One commenter suggested and Technology (NIST) should accreditation bodies as meeting these that, since (at least in his view) almost implement the mandate to establish and requirements. However, NIST will all fasteners are exempt from the law, it maintain the hotline system. maintain and make publicly available is useless to make it a violation of the Response: Since the hotline system is on its website a list of laboratory FQA to knowingly falsify or to facilitate the reporting of alleged accreditation bodies that have self- misrepresent fasteners, or to sell violations of the hotline, and is not a declared to NIST. That website is: http:/ fasteners without the manufacturers’ general line for information regarding /www.nist.gov/fqa/. insignia. Another commenter stated that the FQA, and based on the comments Comment: One commenter pointed the language of the proposed new received, the hotline will be operated by out that ISO/IEC Guide 25 is being section 280.201(b) and (c) exceeded the BXA, with NIST providing technical replaced by ISO/IEC 17025 and asked if Department’s authority under the FQA support. The telephone number for the the Department could incorporate the as it expanded the scope of the FQA. hotline is: 1–800–424–2980, and it will new international standard into the final Response: It was the Department’s be available beginning immediately. rule. intent in the proposed new section This hotline is only for reporting alleged Response: The FQA as amended 280.201(b) and (c) to follow the violations, not for obtaining general references ‘‘ISO/IEC Guide 25 . . ., prohibitions established by the Congress FQA information. including revisions from time to time.’’ in the FQA. In response to the comment (15 U.S.C. 5403(3)(1)(A).) Section that this regulation is ‘‘useless,’’ the Comments on Laboratory 280.100 of the final rule states: ‘‘For Department notes that it is reciting the Accreditations, Laboratory purposes of this subpart, the term prohibitions from the statute in the Accreditation Bodies, and Use of ‘‘revisions’’ includes changes made to regulations. The FQA makes it a Accredited Laboratories existing ISO/IEC Guides or other violation to knowingly falsify or Comment: Three commenters (all documents, and redesignations of those misrepresent certain fasteners, or to sell domestic associations) noted that the Guides or documents.’’ As a change to some fasteners without the proposed rule was inconsistent with the and the redesignation of ISO/IEC Guide manufacturers’ insignia. In response to amended FQA on the issue of what 25, ISO/IEC 17025 is acceptable under the second comment, the Department entities may accredit laboratories. All the amended FQA and the final rule. was in no way attempting to expand the three commenters noted that, while Comment: Two commenters had authority provided to it under the FQA. section 3(1)(B) of the amended FQA (15 questions about the use of accredited In order to make clear that the U.S.C. 5402(1)(B)) allows for laboratories for testing the chemistry of Department is not seeking to expand laboratories to be accredited by any fasteners and whether ‘‘mill test either the scope of the FQA or the ‘‘laboratory accreditation body that reports’’ would be permitted as the authority provided to the Department meets the requirements of ISO/IEC record of conformance on chemistry. under the FQA, it has revised these two
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National Environmental Policy Act regulations regarding record of insignia, Subpart BÐPetitions, Affirmations, This rule will not significantly affect as contained in subpart D of this part, and Laboratory Accreditation the quality of the human environment. to the Under Secretary for Intellectual Property and Director of the United § 280.101 Petitions for Approval of Therefore, an environmental assessment Documents. or Environmental Impact Statement is States Patent and Trademark Office. (a) Certification. (1) A person not required to be prepared under the § 280.2 [Removed] publishing a document setting forth National Environmental Policy Act of guidance or requirements for the 1969. § 280.601 [Redesignated as § 280.2] certification of manufacturing systems List of Subjects in 15 CFR Part 280 3. Section 280.2 is removed, and as fastener quality assurance systems by Business and industry, Fastener § 280.601 is redesignated as § 280.2 and an accredited third party may petition industry, Imports. amended by revising the introductory the Director, NIST, to approve such text and adding the following document for use as described in Dated: June 14, 2000. definitions in alphabetical order to read section 3(7)(B)(iii)(I) of the Act (15 Karen H. Brown, as follows: U.S.C. 5402(7)(B)(iii)(I)). Deputy Director, National Institute of (2) Petitions should be submitted to: Standards and Technology. § 280.2 Definitions. FQA Document Certification, NIST, 100 Dated: June 20, 2000. In addition to the definitions Bureau Drive, Gaithersburg, MD 20899. William Reinsch, provided in 15 U.S.C. 5402, the (3) The Director, NIST, shall approve Under Secretary, Bureau of Export following definitions are applicable to such petition if the document provides Administration. this part: equal or greater rigor and reliability as compared to ISO/IEC Guide 62, Abandonment of the Application. The Dated: June 21, 2000. including revisions from time to time. A application for registration of a Q. Todd Dickinson, petition shall contain sufficient trademark on the Principal Register is information to allow the Director, NIST, Under Secretary of Commerce for Intellectual no longer pending at the United States Property and Director of the United States to make this determination. Patent and Trademark Office. Patent and Trademark Office. (b) Accreditation. (1) A person For reasons set forth in the preamble, Act. The Fastener Quality Act (15 publishing a document setting forth Title 15 of the Code of Federal U.S.C. 5401 et seq., as amended by Pub. guidance or requirements for the Regulations is amended as follows: L. 104–113, Pub. L. 105–234, and Public approval of accreditation bodies to Law 106–34). accredit third parties described in PART 280ÐFASTENER QUALITY * * * * * paragraph (a) of this section may 1. The authority citation for Part 280 Director, NIST. The Director of the petition the Director, NIST, to approve is revised to read as follows: National Institute of Standards and such document for use as described in Technology. section 3(7)(B)(iii)(I) of the Act (15 Authority: 15 U.S.C. 5401 et seq.; Pub. L. U.S.C. 5402(7)(B)(iii)(I)). 101–592, 104 Stat. 2943, as amended by Pub. Director, USPTO. The Under (2) Petitions should be submitted to: L. 104–113, 110 Stat. 775; Pub. L. 105-234, Secretary for Intellectual Property and FQA Document Certifications, NIST, 112 Stat. 1536; and Pub. L. 106–34, 113 Stat. Director of the United States Patent and 118. 100 Bureau Drive, Gaithersburg, MD Trademark Office. 20899. 2. Section 280.1 is revised to read as Fastener Insignia Register. The (3) The Director, NIST, shall approve follows: register of recorded fastener insignias such petition if the document provides § 280.1 Description of rule/Delegation of maintained by the Director. equal or greater rigor and reliability as authority. * * * * * compared to ISO/IEC Guide 61, including revisions from time to time. A (a) Description of rule. The Fastener Principal Register. The register of petition shall contain sufficient Quality Act (the Act) (15 U.S.C. 5401 et trademarks established under 15 U.S.C. information to allow the Director, NIST, seq., as amended by Public Law 104– 1051. to make this determination. 113, Public Law 105–234, and Public * * * * * Law 106–34): (c) Laboratory Accreditation. (1) A (1) Protects against the sale of Revisions includes changes made to person publishing a document setting mismarked, misrepresented, and existing ISO/IEC Guides or other forth guidance or requirements for the counterfeit fasteners; and documents, and redesignations of those accreditation of laboratories may (2) Eliminates unnecessary Guides or documents. petition the Director, NIST, to approve requirements. * * * * * such document for use as described in (b) Delegations of authority. The section 3(1)(A) of the Act (15 U.S.C. Director, National Institute of Standards 4. Sections 280.3 through 280.16 and 5402(1)(A)). and Technology has authority to Subparts C through F (§§ 280.200 (2) Petitions should be submitted to: promulgate regulations in this part through 280.504) and I through L FQA Document Certifications, NIST, regarding certification and (§§ 280.800 through 280.1127) are 100 Bureau Drive, Gaithersburg, MD accreditation. The Secretary of removed, and Subpart B is revised to 20899. Commerce has delegated concurrent read as follows: (3) The Director, NIST, shall approve authority to amend the regulations Subpart BÐPetitions, Affirmations, and such petition if the document provides regarding enforcement of the Act, as Laboratory Accreditation equal or greater rigor and reliability as contained in subpart C of this part, to Sec. compared to ISO/IEC Guide 25, the Under Secretary for Export 280.101 Petitions for Approval of including revisions from time to time. A Administration. The Secretary of Documents. petition shall contain sufficient Commerce has also delegated 280.102 Affirmations. information to allow the Director, NIST, concurrent authority to amend the 280.103 Laboratory Accreditation. to make this determination.
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(d) Approval of Accreditation Bodies. (d) Any affirmation submitted in (2) The manufacturer has complied (1) A person publishing a document accordance with this section shall be with the insignia recordation setting forth guidance or requirements considered to be a continuous requirements established under 15 for the approval of accreditation bodies affirmation that the accreditation body U.S.C. 5407(b). to accredit laboratories may petition the meets the requirements of the applicable 8. Redesignated § 280.203 is revised to Director, NIST, to approve such Guide, unless and until the affirmation read as follows: document for use as described in is withdrawn by the accreditation body. section 3(1)(B) of the Act (15 U.S.C. § 280.203 Administrative enforcement 5402(1)(B)). § 280.103 Laboratory accreditation. proceedings. (2) Petitions should be submitted to: A laboratory may be accredited by any Sections 280.204 through 280.222 set FQA Document Certifications, NIST, laboratory accreditation program that forth the procedures for imposing 100 Bureau Drive, Gaithersburg, MD may be established by any entity or administrative penalties for violations of 20899. entities, which have affirmed to the the Act and this part. (3) The Director, NIST, shall approve Director, NIST, under § 280.102 of this 9. Redesignated § 280.210 is amended such petition if the document provides subpart, or by the National Voluntary by revising the last sentence of equal or greater rigor and reliability as Laboratory Accreditation Program for paragraph (d) to read as follows: compared to ISO/IEC Guide 58, fasteners, established by the Director, including revisions from time to time. A NIST, under part 285 of this chapter. § 280.210 Discovery. petition shall contain sufficient * * * * * Subpart G [Redesignated as Subpart (d) * * * In addition, enforcement by information to allow the Director, NIST, C] to make this determination. a district court of the United States may (e) Electronic copies of ISO/IEC 5. Subpart G (§§ 280.600, 280.602 be sought under 15 U.S.C. 5408(b)(6). Guides may be purchased through the through 280.623) is redesignated as §§ 280.11 and 280.218 [Amended] American National Standards Institute Subpart C, consisting of §§ 280.200 10. The reference to ‘‘§ 280.607’’ is (ANSI), Internet: http://www.ansi.org. through 280.222. Copies of the relevant ISO/IEC Guides revised to read ‘‘§ 280.206’’ in the 6. Redesignated § 280.200 is revised to following sections: are available for inspection in the U.S. read as follows: Department of Commerce Reading Redesignated § 280.211(b); Room, 14th Street and Constitution § 280.200 Scope. Redesignated § 280.218(c). Avenue, NW, Washington, DC 20230, Section 280.201 of this part specifies §§ 280.204 and 280.208 [Amended] Room B–399. that failure to take any action required 11. The reference to ‘‘§ 280.608’’ is by or taking any action prohibited by § 280.102 Affirmations. revised to read ‘‘§ 280.207’’ in the this part constitutes a violation of this following sections: (a)(1) An accreditation body part. Section 280.202 describes the Redesignated § 280.204(a); accrediting third parties who certify penalties that may be imposed for redesignated § 280.208(b)(1). manufacturing systems as fastener violations of this part. Sections 280.204 quality assurance systems as described through 280.222 establish the §§ 280.204 and 280.218 [Amended] in section 3(7)(B)(iii)(I) of the Act (15 procedures for imposing administrative U.S.C. 5402(7)(B)(iii)(I)) shall affirm to penalties for violations of this part. 12. The reference to ‘‘§ 280.609’’ is the Director, NIST, that it meets the revised to read ‘‘§ 280.208’’ in the 7. Redesignated § 280.201 is amended requirements of ISO/IEC Guide 61 (or following sections: by revising paragraphs (b) and (c), and another document approved by the Redesignated § 280.204(a); removing paragraphs (d) through (o) to Director, NIST, under section 10(b) of redesignated § 280.218(a). read as follows: the Act (15 U.S.C. 5411a(b)) and § 280.214 [Amended] § 280.101(a) of this part), including § 280.201 Violations. revisions from time to time. * * * * * 13. In redesignated § 280.214(b), the (2) An accreditation body accrediting (b) Sale of fasteners. It shall be reference to ‘‘§ 280.613’’ is revised to laboratories as described in section unlawful for a manufacturer or read ‘‘§ 280.212’’. 3(1)(B) of the Act (15 U.S.C. 5402(1)(B)) distributor, in conjunction with the sale § 280.207 [Amended] shall affirm to the Director, NIST, that or offer for sale of fasteners from a single it meets the requirements of ISO/IEC lot, to knowingly misrepresent or 14. In redesignated § 280.207(c), the Guide 58 (or another document falsify— reference to ‘‘§ 280.617’’ is revised to approved by the Director, NIST, under (1) The record of conformance for the read ‘‘§ 280.216’’. section 10(d) of the Act (15 U.S.C. lot of fasteners; 15. In redesignated § 280.207(a), the 5411a(d)) and § 280.101(d) of this part), (2) The identification, characteristics, reference to ‘‘§ 280.618’’ is revised to including revisions from time to time. properties, mechanical or performance read ‘‘§ 280.217’’. (b) An affirmation required under marks, chemistry, or strength of the lot § 280.219 [Amended] paragraph (a)(1) or (a)(2) of this section of fasteners; or shall take the form of a self-declaration (3) The manufacturers’ insignia. 16. In redesignated § 280.219(c), the that the accreditation body meets the (c) Manufacturers’ insignia. Unless reference to ‘‘§ 280.619(c)’’ is revised to requirements of the applicable Guide, the specifications provide otherwise, read ‘‘§ 280.218(c)’’. signed by an authorized representative fasteners that are required by the of the accreditation body. No supporting applicable consensus standard or §§ 280.221 and 280.222 [Amended] documentation is required. standards to bear an insignia identifying 17. The reference to ‘‘§ 280.622’’ is (c) Affirmations should be submitted their manufacturer shall not be offered revised to read ‘‘§ 280.221’’ in the to: FQA Document Certifications, NIST, for sale or sold in commerce unless following sections: 100 Bureau Drive, Gaithersburg, MD (1) The fasteners bear such insignia; Redesignated § 280.221(b); 20899. and redesignated § 280.222(f).
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§§ 280.208, 280.218, 280.219, 280.220 and § 280.310 Application for insignia. the applicant for recordal of any defect 280.221 [Amended] (a) Each manufacturer must submit a in the application. Applications for 18. The reference to ‘‘§ 280.623’’ is written application for recordal of an recordal of an insignia may be re- revised to read ‘‘§ 280.222’’ in the insignia on the Fastener Insignia submitted to the Director, USPTO, at following sections: Register along with the prescribed fee. any time. Redesignated § 280.208(a); The application must be in a form 23. Redesignated § 280.312 is revised redesignated § 280.218(b); redesignated prescribed by the Director, USPTO. to read as follows: § 280.219(b)(2); redesignated § 280.220; (b) * * * redesignated § 280.221(a). (1) The name of the manufacturer; § 280.312 Certificate of recordal. 18a. Redesignated § 280.221 is (2) The address of the manufacturer; (a) If the application complies with amended by revising the second (3) The entity, domicile, and state of the requirements of § 280.310, the sentence of paragraph (b) to read as incorporation, if applicable, of the Director, USPTO, shall accept the follows: manufacturer; application and issue a certificate of (4) Either: recordal. Such certificate shall be issued § 280.221 Record for decision and (i) A request for recordal and issuance in the name of the United States of availability of documents. of a unique alphanumeric designation America, under the seal of the United by the Director, USPTO, or * * * * * States Patent and Trademark Office, and (b) * * * A party seeking to restrict (ii) A request for recordal of a a record shall be kept in the United access to any portion of the record is trademark, which is the subject of either States Patent and Trademark Office. The responsible for submitting, at the time a duly filed application or a registration certificate of recordal shall display the specified in paragraph (c)(2) of this for fasteners in the name of the recorded insignia of the manufacturer, section, a version of the document manufacturer in the U.S. Patent and and state the name, address, legal entity proposed for public availability that Trademark Office on the Principal and domicile of the manufacturer, as reflects the requested deletion. * * * Register, indicating the application well as the date of issuance of such serial number or registration number * * * * * certificate. and accompanied by a copy of the Subpart H [Redesignated as Subpart drawing that was included with the (b) Certificates that were issued prior D] application for trademark registration, to June 8, 1999, shall remain in active or a copy of the registration; status and may be maintained in 19. Subpart H (§§ 280.700, 280.710 (5) A statement that the manufacturer accordance with the provisions of through 280.713, and 280.720 through will comply with the applicable § 280.320 of this subpart, but only if: 280.726) is redesignated as Subpart D, provisions of the Fastener Quality Act; (1) The certificate is held by a consisting of §§ 280.300, 280.310 (6) A statement that the applicant for manufacturer, and through 280.313, and 280.320 through recordal is a ‘‘manufacturer’’ as that (2) The fasteners associated with the 280.326. term is defined in 15 U.S.C. 5402; certificate are fasteners that must bear 20. Redesignated § 280.300 is revised (7) A statement that the person to read as follows: an insignia pursuant to 15 U.S.C. 5407. signing the application on behalf of the 24. Redesignated § 280.313 is § 280.300 Recorded insignia required prior manufacturer has personal knowledge of amended by revising paragraph (a) and to offer for sale. the facts relevant to the application and the first sentence of paragraph (b) to Unless the specifications provide that the person possesses the authority read as follows: otherwise, if a fastener is required by to act on behalf of the manufacturer; the applicable consensus standard(s) to * * * * * § 280.313 Recordal of additional insignia. bear an insignia identifying its (c) A manufacturer may designate (a) A manufacturer to whom the manufacturer, the manufacturer must: only one trademark for recordal on the Director, USPTO, has issued an (a) Record the insignia with the U.S. Fastener Insignia Register in a single alphanumeric designation may apply for Patent and Trademark Office prior to application. The trademark application recordal of its trademark for fasteners if any sale or offer for sale of the fastener; or registration that forms the basis for the trademark is the subject of a duly and the fastener recordal must be in active filed application or is registered in the (b) Apply the insignia to any fastener status, that is, a pending application or United States Patent and Trademark that is sold or offered for sale. The a registration which is not expired, or Office on the Principal Register. Upon insignia must be readable, and must be canceled, at the time of the application recordal, either the alphanumeric applied using the method for applying for recordal. designation or the trademark, or both, a permanent insignia that is provided (d) Applications and other documents may be used as recorded insignias. for in the applicable consensus should be addressed to: Box Fastener, (b) A manufacturer for whom the standard(s), or, if the applicable Director, United States Patent and Director, USPTO, has recorded a consensus standard(s) do(es) not specify Trademark Office, Washington, DC trademark as its fastener insignia may a method for applying a permanent 20231. insignia, through any means of 22. Redesignated § 280.311 is revised apply for issuance and recordal of an imprinting a permanent impression. to read as follows: alphanumeric designation as a fastener 21. Redesignated § 280.310 is insignia. * * * amended by revising the heading, § 280.311 Review of the application. 25. Redesignated § 280.320 is paragraph (a), paragraphs (b)(1), (b)(2), The Director, USPTO, will review the amended by revising paragraphs (a) and (b)(3), (b)(4), and (b)(5); redesignating application for compliance with (b) and paragraphs (c)(1) through (c)(5); existing paragraphs (b)(6) through (b)(8) § 280.310. If the application does not redesignating existing paragraphs (c)(6) as paragraphs (b)(7) through (b)(9), contain one or more of the elements through (c)(8) as paragraphs (c)(7) respectively; adding new paragraph required by § 280.310, the Director, through (c)(9), respectively; adding a (b)(6); revising redesignated paragraph USPTO, will not issue a certificate of new paragraph (c)(6); and revising (b)(7); and revising paragraphs (c) and recordal, and will return the papers and redesignated paragraph (c)(7) to read as (d) to read as follows: fees. The Director, USPTO, will notify follows:
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§ 280.320 Maintenance of the certificate of (b) Upon transfer or assignment of a addresses, and legal entities of all recordal. trademark application or registration recorded manufacturers and their (a) Certificates of recordal remain in which forms the basis of a certificate of recorded insignia. an active status for five years and may recordal, the Director, USPTO, shall 30. Redesignated § 280.326 is be maintained in an active status for designate the certificate of recordal as amended by revising the heading and subsequent five-year periods running inactive. * * * the second sentence to read as follows: consecutively from the date of issuance * * * * * of the certificate of recordal upon § 280.326 Records and files of the United (d) A fastener insignia consisting of an States Patent and Trademark Office compliance with the requirements of alphanumeric designation issued by the * * * Copies of any such records may paragraph (c) of this section. Director, USPTO, can be transferred or be obtained upon request and payment (b) Maintenance applications shall be assigned. required only if the holder of the (e) Upon transfer or assignment of an of the fee set by the Director, USPTO. certificate of recordal is a manufacturer alphanumeric designation, the Director, §§ 280.311, 280.312 and 280.323 at the time the maintenance application USPTO, shall designate such [Amended] is required. alphanumeric designation as inactive. 31. The reference to ‘‘§ 280.710’’ is (c) * * * *** revised to read ‘‘§ 280.310’’ in the (1) The name of the manufacturer; (f) An alphanumeric designation that (2) The address of the manufacturer; following sections: is reactivated after it has been Redesignated § 280.311; redesignated (3) the entity, domicile, and state of transferred or assigned shall remain in incorporation, if applicable, of the § 280.312; redesignated § 280.323(e). active status until the expiration of the [FR Doc. 00–16212 Filed 6–27–00; 8:45 am] manufacturer; five year period that began upon the BILLING CODE 3510±13±P (4) a copy of manufacturer’s certificate issuance of the alphanumeric of recordal; designation to its original owner. (5) a statement that the manufacturer 28. Redesignated § 280.324 is will comply with the applicable amended by revising the introductory DEPARTMENT OF DEFENSE provisions of the Fastener Quality Act; sentence of paragraph (a), revising (6) a statement that the applicant for paragraphs (a)(1) through (a)(3); Office of the Secretary recordal is a ‘‘manufacturer’’ as that redesignating existing paragraph (b) as term is defined in 15 U.S.C. 5402; paragraph (a)(4); revising the first two 32 CFR Part 199 (7) a statement that the person signing sentences of redesignated paragraph the application on behalf of the (a)(4); redesignating paragraph (c) as Civilian Health and Medical Program of manufacturer has knowledge of the facts paragraph (b); and revising redesignated the Uniformed Services (CHAMPUS); relevant to the application and that the paragraph (b) to read as follows: TRICARE Prime Enrollment person possesses the authority to act on behalf of the manufacturer; § 280.324 Change in status of trademark AGENCY: Office of the Secretary, DOD. * * * * * registration or amendment of the ACTION: Interim final rule. 26. Redesignated § 280.321 is trademark. SUMMARY: This interim final rule amended by revising the first sentence (a) The Director, USPTO, shall provides for automatic enrollment of to read as follows: designate the certificate of recordal as inactive, upon: certain family members of E–4 and § 280.321 Notification of changes of (1) issuance of a final decision on below in TRICARE Prime. When address. appeal which refuses registration of the affected family members reside in a The applicant for recordal or the application which formed the basis for catchment area of a military medical holder of a certificate of recordal shall the certificate of recordal; treatment facility offering TRICARE notify the Director, USPTO, of any (2) abandonment of the application Prime, the family members will be change of address or change of name no which formed the basis for the automatically enrolled in TRICARE later than six months after the change. certificate of recordal; Prime and will choose or be assigned a *** (3) cancellation or expiration of the Primary Care Manager located in the 27. Redesignated § 280.323 is trademark registration which formed the military medical treatment facility. Such amended by revising the second and basis of the certificate of recordal; or automatic enrollment may be third sentences of paragraph (a), (4) an amendment of the mark in a terminated at any time. revising the first sentence of paragraph trademark application or registration DATES: This rule is effective July 28, (b), revising paragraph (d), revising the that forms the basis for a certificate of 2000. Public comments must be first sentence of paragraph (e), and recordal. The certificate of recordal shall received by August 28, 2000. adding new paragraph (f) to read as become inactive as of the date the ADDRESSES: TRICARE Management follows: amendment is filed. * * * Activity (TMA), Program Development (b) Certificates of recordal designated Branch, Aurora, CO 80045–6900. § 280.323 Transfer or assignment of the inactive due to cancellation, expiration, trademark registration or recorded insignia. FOR FURTHER INFORMATION CONTACT: Lt or amendment of the trademark Col Kathleen Larkin, Office of the (a) * * * Any transfer or assignment registration, or abandonment or Assistant Secretary of Defense (Health of such an application or registration amendment of the trademark Affairs)/TRICARE Management Activity, must be recorded in the United States application, cannot be reactivated. telephone (703) 681–3628. Patent and Trademark Office within 29. Redesignated § 280.325 is revised Questions regarding payment of three months of the transfer or to read as follows: assignment. A copy of such transfer or specific claims under the CHAMPUS assignment must also be sent to: Box § 280.325 Cumulative listing of recordal allowable charge method should be Fastener, Director, United States Patent information. addressed to the appropriate TRICARE/ and Trademark Office, Washington, DC The Director, USPTO, shall maintain CHAMPUS contractor. 20231. a record of the names, current SUPPLEMENTARY INFORMATION:
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I. Overview of the Rule expressly for this purpose. Second, for such dependents who reside in This interim final rule implements the most part this rule simply catchment areas of military hospitals section 712 of the National Defense implements the unambiguous shall be automatically enrolled in Authorization Act for Fiscal Year 1999 Congressional policy of automatically TRICARE Prime consistent with which modified chapter 55 of title 10, enrolling family members of active duty procedures established under paragraph United States Code by adding a new members of E–4 and below who reside (o)(7) of this section. Voluntary choice section 1079a which provides for in areas where TRICARE Prime is shall be preserved by the right of such automatic TRICARE Prime enrollment offered through a military medical dependents to disenroll at any time. for active duty families of E–4 and treatment facility. Third, TRICARE * * * * * below in certain circumstances. Owing Prime is a major ‘‘quality of life’’ (c) * * * to the small number of family members program of the Department of Defense. (2) * * * of E–4 and below who are not already Its success is of great importance to (i) In the case of dependents of active enrolled in TRICARE Prime, and the maintaining adequate retention rates of duty members in the grade of E–1 to E– restrictive nature of TRICARE Prime military personnel and, thus, the 4, such dependents who reside in enrollment, military medical treatment conduct of the military affairs function catchment areas of military hospitals facility commanders will identify those of the United States. Public comments will be automatically enrolled in individuals residing in their catchment are invited. All comments will be TRICARE Prime consistent with area who should be automatically carefully considered. A discussion of procedures established under paragraph enrolled but are not. At that time, the the major issues received by public (o)(7) of this section. Other dependents family members will be informed of comments will be included with the of active duty members are eligible to their enrollment and be given the issuance of the permanent final rule, enroll in Prime. After all active duty opportunity to select or be assigned a anticipated approximately 60 days after members, and those dependents primary care manager, or to disenroll the end of the comment period. automatically enrolled, all other dependents of active duty members will from TRICARE Prime. The choice of List of Subjects in 32 CFR Part 199 whether to remain enrolled in TRICARE have second priority for enrollment . Administrative practice and Prime, or to decline enrollment to * * * * * procedure, Claims, Health care, Health participate in TRICARE Extra or (n) * * * insurance, Individuals with disabilities, Standard remains completely voluntary. (1) Primary care manager. All active Military personnel. duty members and Prime enrollees will II. Rulemaking Procedures Accordingly, 32 CFR part 199 is be assigned or allowed to select a Executive Order 12866 requires amended as follows: primary care manager pursuant to a certain regulatory assessments for any system established by the MTF significant regulatory action, defined as PART 199Ð[AMENDED] Commander or other authorized official. one which would result in an annual 1. The authority citation for Part 199 Active duty members and dependents of effect on the economy of $100 million continues to read as follows: E–4 and below who are automatically or more, or have other substantial enrolled in TRICARE Prime shall choose impacts. Authority: 5 U.S.C. 301; 10 U.S.C. chapter or be assigned a primary care manager The Regulatory Flexibility Act (RFA) 55. who is part of the MTF. The primary requires that each Federal agency 2. Section 199.17 is amended as care manager may be an individual prepare, and make available for public follows: physician, a group practice, a clinic, a comment, a regulatory flexibility a. Revising paragraph (a)(6)(ii)(A), treatment site, or other designation. For analysis when the agency issues a b. Adding a new paragraph (b)(3), those who are not automatically regulation which would have a c. Revising paragraphs (c)(2)(i) and enrolled in Prime, the primary care significant impact on a substantial (n)(1), and manager may be part of the MTF or the number of small entities. d. Adding a new paragraph (o)(7). Prime civilian network. The enrollee This is not a significant regulatory The revisions and additions read as will be given the opportunity to register action under the provisions of Executive follows: a preference for primary care manager Order 12866, and it would not have a from a list of choices provided by the significant impact on a substantial § 199.17 TRICARE Program. MTF commander. Preference requests number of small entities. (a) * * * will be honored subject to availability, The interim final rule will not impose (6) * * * under the MTF beneficiary category additional information collection (ii) * * * priority system and other operational requirements on the public under the (A) Beneficiaries may enroll, or be requirements established by the Paperwork Reduction Act of 1995 (44 enrolled, in the ‘‘TRICARE Prime Plan,’’ commander or other authorized person). U.S.C. Chapter 55). which features use of military treatment * * * * * This rule is being issued as an interim facilities and substantially reduced out- (o) * * * final rule, with comment period, as an of-pocket costs for CHAMPUS care. (6) Special procedures for certain exception to our standard practice of Beneficiaries generally agree to use dependents of active duty members in soliciting public comments prior to military treatment facilities and pay grades E–1 to E–4. As an exception issuance. The Assistant Secretary of designated civilian provider networks, to other procedures in paragraph (o) of Defense (Health Affairs) has determined in accordance with enrollment this section, dependents of active duty that following the standard practice in provisions. members in pay grades E–1 to E–4, if this case would be impracticable, * * * * * such dependents reside in a catchment unnecessary, and contrary to the public (b) * * * area of a military hospital, are interest. This determination is based on (3) Automatic enrollment of certain automatically enrolled in TRICARE several factors. First, this change dependents. Under 10 U.S.C. 1079a, in Prime. The applicable military hospital directly implements a statutory the case of dependents of active duty shall provide written notice of the amendment enacted by Congress members in the grade of E–1 to E–4, automatic enrollment to the member
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OPR for response, forward the manipulate the information, store and or her; e.g., a social security number, information to the DeCA PA Officer for provide input. age, military rank, civilian grade, release determination, and notify the Confidential source. A person or marital status, race, salary, home/office requester that the response will be organization who has furnished phone numbers, etc. received from the DeCA PA Officer information to the federal government Privacy Act. The Privacy Act of 1974, using the format in Appendix A to this under an express promise that the as amended, (5 U.S.C. 552a). part. person’s or the organization’s identity Privacy Act request. A request from an (e) DeCA Field Operating Activities will be held in confidence or under an individual for notification as to the (FOAs). (1) Upon receipt of a PA request implied promise of such confidentiality existence of, access to, or amendment of that has not been received from the if this implied promise was made before records pertaining to that individual. DeCA PA Officer, notify the DeCA PA September 27, 1975. These records must be maintained in a Officer within 2 days. Disclosure. The transfer of any system of records. (2) Collect all information available personal information from a system of Member of the public. Any individual and forward to the DeCA PA Officer. If records by any means of communication or party acting in a private capacity to the requested information is not (such as oral, written, electronic, include federal employees or military available, provide the DeCA PA Officer mechanical, or actual review) to any personnel. the rationale to respond to the requester. person, private entity, or government Record. Any item, collection, or grouping of information, whatever the (f) Central Distribution Centers (CDCs) agency, other than the subject of the storage media (e.g., paper, electronic, and Commissaries. (1) Upon receipt of record, the subject’s designated agent or etc.), about an individual that is a PA request, not received from the the subject’s legal guardian. maintained by a DoD Component, Region Coordinator, notify the Region Federal Register system. Established including but not limited to, his or her Coordinator within 2 days. by Congress to inform the public of interim, proposed, and final regulations education, financial transactions, (2) Collect all information available medical history, criminal or and forward it to the Region Coordinator or rulemaking documents having substantial impact on the public. In this employment history and that contains for submission to DeCA PA Officer. If his or her name, or the identifying requested information is not available, case, DeCA directives have the same meaning as regulations or rulemaking number, symbol, or other identifying provide the Region Coordinator the particular assigned to the individual, rationale so they can prepare a response documents. The secondary role of the Federal Register system is to publish such as a finger or voice print or a to the DeCA PA Officer. If the photograph. information is available but determined notice documents of public interest. Individual. A living person who is a Risk assessment. An analysis to be exempt, provide the Region citizen of the United States or an alien considering information sensitivity, Coordinator with the requested lawfully admitted for permanent vulnerabilities, and the cost to a information and specific reasons why residence. The parent of a minor or the computer facility or word processing the request should be denied. The legal guardian of any individual also activity in safeguarding personal Region Coordinator will formalize a may act on behalf of an individual. information processed or stored in the reply to the DeCA PA Officer, Corporations, partnerships, sole facility or activity. forwarding requested information and proprietorships, professional groups, Routine use. The disclosure of a reasons for denial. The DeCA PA Officer businesses, whether incorporated or record outside the Department of will prepare the response to the unincorporated, and other commercial Defense for a use that is compatible with requester with coordination by the entities are not ‘‘individuals.’’ the purpose for which the information General Counsel and signature by the Individual access. Access to was collected and maintained by the IDA. information pertaining to the individual Department of Defense. The routine use § 327.4 Definitions. by the individual or his or her must be included in the published system notice for the system of records Access. The review of a record of a designated agent or legal guardian. Law enforcement activity. Any involved. copy of a record or parts thereof in a activity engaged in the enforcement of Statistical record. A record system of records by any individual. criminal laws, including efforts to maintained only for statistical research Agency. For the purposes of prevent, control, or reduce crime or to or reporting purposes and not used in disclosing records subject to the Privacy apprehend criminals, and the activities whole or in part in making Act among DoD Components, the of prosecutors, courts, correctional, determinations about specific Department of Defense is considered a probation, pardon, or parole authorities. individuals. single agency. For all other purposes to Maintain. Includes maintain, collect, System manager. The DoD include applications for access and use or disseminate. Component official who is responsible amendment, denial of access or Official use. Within the context of this for the operation and management of a amendment, appeals from denials, and part, this term is used when officials system of records. record keeping as regards release to non- and employees of a DoD Component System of records. A group of records DoD agencies; each DoD Component is have a demonstrated need for the use of under the control of a DoD Component considered an agency within the any record or the information contained from which personal information is meaning of the Privacy Act. therein in the performance of their retrieved by the individual’s name or by Computer room. Any combination of official duties, subject to DoD 5200.1– some identifying number, symbol, or electronic hardware and software R,2 ‘‘DoD Information Security Program other identifying particular assigned to integrated in a variety of forms Regulation.’’ an individual. (firmware, programmable software, hard Personal information. Information Word processing system. A wiring, or similar equipment) that about an individual that identifies, combination of equipment employing permits the processing of textual data. relates or is unique to, or describes him automated technology, systematic The equipment contains device to procedures, and trained personnel for receive information and other 2 Copies may be obtained: http// the primary purpose of manipulating processors with various capabilities to www.whs.osd.mil/corres.htm. human thoughts and verbal or written or
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(vi) Ensure all appeals are forwarded to the (3) Control Technique: Ensure the enforcement information or other pertinent Director DeCA or his designee. prescribed policies and procedures are information, such as current licenses, if (4) Test Questions: followed during the life cycle of information. necessary to obtain information relevant to a (i) Are PA requests logged into a formal (4) Test Questions: Component decision concerning the hiring or control system? (DeCA HQ/SA, Region IM). (i) Are file cabinets/containers that house retention of an employee, the issuance of a Response: Yes / No / NA. Remarks: PA records locked at all times to prevent security clearance, the letting of a contract, (ii) Are individual requests for access unauthorized access? (All). Response: Yes / or the issuance of a license, grant, or other acknowledged within 10 working days after No / NA. Remarks: benefit. receipt? (DeCA HQ/SA, Region IM). (ii) Are personnel with job requirement (c) Routine Use—Disclosure of Requested Response: Yes / No / NA. Remarks: (need to know) only allowed access to PA Information. A record from a system of (iii) when more than 10 working days are information? (All). Response: Yes / No / NA. records maintained by a Component may be required to respond to a PA request, is the Remarks: disclosed to a Federal agency, in response to requester informed, explaining the (iii) Are privacy act records treated as its request, in connection with the hiring or circumstances for the delay and provided an unclassified records and designated ‘For retention of an employee, the issuance of a approximate date for completion? (DeCA HQ/ Official Use Only’? (All). Response: Yes / No / security clearance, the reporting of an SA, Region IM). Response: Yes / No / NA. NA. Remarks: investigation of an employee, the letting of a Remarks: (iv) Are computer printouts that contain contract, or the issuance of a license, grant, (iv) Are DeCA records withheld only when privacy act information as well as disks, or other benefit by the requesting agency, to they fall under one or more of the general or tapes and other media marked ‘For Official the extent that the information is relevant specific exemptions of the PA or one or more Use Only’? (All). Response: Yes / No / NA. and necessary to the requesting agency’s of the nine exemptions of the FOIA? (DeCA Remarks: decision on the matter. HQ/SA, Region IM). Response: Yes / No / (v) Is a Systems Manager appointed for (d) Routine Use—Congressional Inquiries. NA. Remarks: each automated/manual PA systems of Disclosure from a system of records (v) Do denial letters contain the name and records? (DeCA HQ/SA, Region). Response: maintained by a Component may be made to title or position of the official who made the Yes / No / NA. Remarks: a congressional office from the record of an determination, cite the exemption(s) on (vi) Are PA records maintained and individual in response to an inquiry from the which the denial is based and advise the PA disposed of in accordance with DeCA congressional office made at the request of requester of their right to appeal the denial Directive 30–2,4 The Defense Commissary that individual. to the Director DeCA or designee? (DeCA HQ/ Agency Filing System? (All). Response: Yes / (e) Routine Use—Private Relief Legislation. SA). Response: Yes / No / NA. Remarks: No / NA. Remarks: Relevant information contained in all (vi) Are PA requests denied only by the HQ (1) I attest that the above listed internal systems of records of the Department of DeCA IDA? (All). Response: Yes / No / NA. controls provide reasonable assurance that Defense published on or before August 22, Remarks: DeCA resources are adequately safeguarded. 1975, will be disclosed to the OMB in (vii) Is coordination met with the General I am satisfied that if the above controls are connection with the review of private relief Counsel prior to forwarding a PA request to fully operational, the internal controls for legislation as set forth in OMB Circular A– the IDA? (DeCA HQ/SA). Response: Yes / No / this sub-task throughout DeCA are adequate. 19 at any stage of the legislative coordination NA. Remarks: Safety, Security and Administration. and clearance process as set forth in that (j) Event cycle 3: Requesting PA FUNCTIONAL PROPONENT. Information. Circular. I have reviewed this sub-task within my (f) Routine Use—Disclosures Required by (1) Risk: Obtaining personal information organization and have supplemented the resulting in a violation of the PA. International Agreements. A record from a prescribed internal control review checklist system of records maintained by a (2) Control Objective: Establish a system when warranted by unique environmental before data collection and storage to ensure Component may be disclosed to foreign law circumstances. The controls prescribed in enforcement, security, investigatory, or no violation of the privacy of individuals. this checklist, as amended, are in place and (3) Control Technique: Ensure Privacy Act administrative authorities to comply with operational for my organization (except for requirements imposed by, or to claim rights Statement to obtain personal information is the weaknesses described in the attached furnished to individuals before data conferred in, international agreements and plan, which includes schedules for correcting arrangements including those regulating the collection. the weaknesses). (4) Test Questions: stationing and status in foreign countries of ASSESSABLE UNIT MANAGER DoD military and civilian personnel. (i) Are all forms used to collect information (Signature). about individuals which will be part of a (g) Routine Use—Disclosure to State and system of records staffed with the PA Officer Appendix C to Part 327–DeCA Blanket Local Taxing Authorities. Any information for correctness of the Privacy Act Statement? Routine Uses normally contained in Internal Revenue (DeCA HQ/SA, Region). Response: Yes / No / Service (IRS) Form W–2 which is maintained NA. Remarks: (a) Routine Use—Law Enforcement. If a in a record from a system of records (ii) Are Privacy Statements prepared and system of records maintained by a DoD maintained by a Component may be issued for all forms, formats and Component, to carry out its functions, disclosed to State and local taxing authorities questionnaires that are subject to the PA, indicates a violation or potential violation of with which the Secretary of the Treasury has coordinated with the DeCA forms manager? law, whether civil, criminal, or regulatory in entered into agreements under 5 U.S.C., (DeCA HQ/SA, Region). Response: Yes / No / nature, and whether arising by general statute 5516, 5517, and 5520 and only to those State NA. Remarks: or by regulation, rule, or order issued and local taxing authorities for which an (iii) Do Privacy Act Statements furnished pursuant thereto, the relevant records in the employee or military member is or was to individuals provide the following: system of records may be referred, as a subject to tax regardless of whether tax is or (A) The authority for the request. routine use, the agency concerned, whether was withheld. This routine use is in (B) The principal purpose for which the Federal, State, local, or foreign, charged with accordance with Treasury Fiscal information will be used. the responsibility of investigating or Requirements Manual Bulletin No. 76–07. (C) Any routine uses. prosecuting such violation or charged with (h) Routine Use—Disclosure to the Office (D) The consequences of failing to provide enforcing or implementing the statute, rule, of Personnel Management. A record from a the requested information. Yes / No / NA. regulation, or order issued pursuant thereto. system of records subject to the Privacy Act Remarks: (b) Routine Use—Disclosure when and maintained by a Component may be (k) Event cycle 4: Records Maintenance. Requesting Information. A record from a disclosed to the Office of Personnel (1) Risk: Unprotected records allowing system of records maintained by a Management (OPM) concerning information individuals without a need to know access to Component may be disclosed as a routine use on pay and leave, benefits, retirement privacy information. to a Federal, State, or local agency deduction, and any other information (2) Control Objective: PA records are maintaining civil, criminal, or other relevant necessary for the OPM to carry out its legally properly maintained throughout their life authorized government-wide personnel cycle. 4 See footnote 2 to this Appendix B. management functions and studies.
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(i) Routine Use—Disclosure to the Dated: June 22, 2000. responsibility to inform the GEAR UP Department of Justice for Litigation. A record L.M. Bynum, student that he or she could not receive from a system of records maintained by this Alternate OSD Federal Register Liaison the GEAR UP scholarship to attend that component may be disclosed as a routine use Officer, Department of Defense. institution. In this case, the student to any component of the Department of [FR Doc. 00–16262 Filed 6–27–00; 8:45 am] would be free to attend that college Justice for the purpose of representing the Department of Defense, or any officer, BILLING CODE 5001±01±M without the GEAR UP scholarship or employee or member of the Department in another college that orders the aid in a pending or potential litigation to which the manner consistent with the regulations record is pertinent. DEPARTMENT OF EDUCATION with the GEAR UP scholarship. (j) Routine Use—Disclosure to Military Banking Facilities Overseas. Information as 34 CFR Part 694 Waiver of Public Comment to current military addresses and In accordance with the assignments may be provided to military Gaining Early Awareness and banking facilities who provide banking Readiness for Undergraduate Administrative Procedure Act, it is the services overseas and who are reimbursed by Programs practice of the Secretary to offer interested parties the opportunity to the Government for certain checking and AGENCY: Office of Postsecondary comment on proposed rules. However, loan losses. For personnel separated, Education, Department of Education. discharged, or retired from the Armed Forces, since this document only clarifies and ACTION: Final regulations; interpretation. information as to last known residential or interprets an existing regulation, home of record address may be provided to SUMMARY: The Secretary interprets and additional public comment on this the military banking facility upon clarifies sections of the Department of document is not required under 5 U.S.C. certification by a banking facility officer that Education’s final regulations governing 553(b)(A). the facility has a returned or dishonored the Gaining Early Awareness and check negotiated by the individual or the Readiness for Undergraduate Programs Electronic Access to This Document individual has defaulted on a loan and that if restitution is not made by the individual, (GEAR UP) program that were published You may view this document in text the U.S. Government will be liable for the in the Federal Register on April 27, or Adobe Portable Document Format losses the facility may incur. 2000 (65 FR 24756). The Secretary takes (PDF) on the Internet at the following this action in response to questions that (k) Routine Use—Disclosure of Information sites: to the General Services Administration have arisen about scholarships for (GSA). A record from a system of records GEAR UP students. http://ocfo.ed.gov/fedreg.htm maintained by this component may be DATES: This interpretation is effective http://www.ed.gov/news.html disclosed as a routine use to the General June 28, 2000. http://ifap.ed.gov/csb_html/fedlreg.htm Services Administration (GSA) for the FOR FURTHER INFORMATION CONTACT: purpose of records management inspections Rafael Ramirez, Office of Postsecondary To use the PDF you must have Adobe conducted under authority of 44 U.S.C. 2904 Education, U.S. Department of Acrobat Reader, which is available free and 2906. (l) Routine Use—Disclosure of Information Education, 1990 K Street, NW, Room at the first of the previous sites. If you to the National Archives and Records 6252, Washington, DC 20006. have questions about using the PDF, call Administration (NARA). A record from a Telephone: (202) 502–7676. If you use a the U.S. Government Printing Office system of records maintained by this telecommunications device for the deaf (GPO), toll free, at 1–888–293–6498; or component may be disclosed as a routine use (TDD), you may call the Federal in the Washington, DC area at (202) to the National Archives and Records Information Relay Service (FIRS) at 1– 512–1530. Administration (NARA) for the purpose of 800–877–8339. Individuals with Note: The official version of this document records management inspections conducted disabilities may obtain this document in is the document published in the Federal under authority of 44 U.S.C. 2904 and 2906. an alternative format (e.g., Braille, large Register. Free Internet access to the official (m) Routine Use—Disclosure to the Merit print, audiotape, or computer diskette) edition of the Federal Register and the Code Systems Protection Board. A record from a on request to the contact person listed. system of records maintained by this of Federal Regulations is available on GPO SUPPLEMENTARY INFORMATION: In the component may be disclosed as a routine use Access at: http://www.access.gpo.gov/nara/ to the Merit Systems Protection Board, GEAR UP regulations, in § 694.10, we index.html. including the Office of the Special Counsel require State and partnership grantees to (Catalog of Federal Domestic Assistance for the purpose of litigation, including monitor the treatment of GEAR UP Number: 84.334 Gaining Early Awareness administrative proceedings, appeals, special scholarships in relation to other aid and Readiness for Undergraduate Program) studies of the civil service and other merit GEAR UP students may receive. Some systems, review of OPM or component rules colleges and universities have raised Dated: June 21, 2000. and regulations, investigation of alleged or questions about the applicability of the A. Lee Fritschler, possible prohibited personnel practices; regulations to them. Assistant Secretary, Office of Postsecondary including administrative proceedings The GEAR UP regulations govern the Education. involving any individual subject of a DoD use of GEAR UP funds by GEAR UP [FR Doc. 00–16124 Filed 6–27–00; 8:45 am] investigation, and such other functions, grantees. Accordingly, the GEAR UP BILLING CODE 4000±01±P promulgated in 5 U.S.C. 1205 and 1206, or regulations do not apply to institutions as may be authorized by law. that are not GEAR UP grantees or do not (n) Routine Use—Counterintelligence enroll any GEAR UP students. Purpose. A record from a system of records maintained by this component may be Moreover, under the regulations, no disclosed as a routine use outside the DoD or institution is required to enroll a GEAR the U.S. Government for the purpose of UP student, and if it does so, that counterintelligence activities authorized by institution may decline to order the U.S. Law or Executive Order or for the student’s aid in the manner required by purpose of enforcing laws which protect the the regulations. In the latter case, national security of the United States. however, it would be the grantee’s
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DEPARTMENT OF AGRICULTURE implemented a program that the The final regulations, published on Department of the Interior previously January 8, 1999, (64 FR 1276) reflect the Forest Service found to be consistent with ANILCA. joint efforts of the Federal agencies to However, in December 1989, the Alaska simplify, clarify, and remove any 36 CFR Part 242 Supreme Court ruled in McDowell v. extraneous provisions. State of Alaska that the rural preference This correcting amendment is DEPARTMENT OF THE INTERIOR in the State subsistence statute violated necessary because, in the effort to the Alaska Constitution. The Court’s remove unnecessary provisions, one Fish and Wildlife Service ruling in McDowell required the State to regulation protecting fish populations in delete the rural preference from the the Cook Inlet Fishery Management 50 CFR Part 100 subsistence statute and, therefore, Area was inadvertently and incorrectly negated State compliance with ANILCA. omitted. RIN 1018±AD68 The Court stayed the effect of the Subpart D Subsistence Management Regulations decision until July 1, 1990. for Public Lands in Alaska, Subparts A, As a result of the McDowell decision, Both State subsistence regulations, as B, C, and D, Redefinition To Include the Department of the Interior and the well as previous Federal subsistence Waters Subject to Subsistence Department of Agriculture regulations and the Proposed Rule, Priority; Correcting Amendment (Departments) assumed, on July 1, 1990, contained a prohibition on the use of responsibility for implementation of gillnets in freshwater in the Cook Inlet AGENCIES: Forest Service, USDA; Fish Title VIII of ANILCA on public lands. Fishery Management Area. This and Wildlife Service, Interior. On June 29, 1990, the Temporary prohibition, in place in Federal ACTION: Correcting amendment. Subsistence Management Regulations regulations since 1990, was necessary to for Public Lands in Alaska were protect freshwater species susceptible to SUMMARY: This correction amends the published in the Federal Register (55 serious overharvest with the use of Subsistence Management Regulations FR 27114–27170). Consistent with gillnets. Without such a prohibition, for Public Lands in Alaska, published in Subparts A, B, and C of these populations of rainbow trout, steelhead, the Federal Register on January 8, 1999, regulations, as revised January 8, 1999, or other freshwater species could (64 FR 1276) redefining the area subject (64 FR 1276), the Departments quickly be decimated in certain areas. to the subsistence priority for rural established a Federal Subsistence Board Reexamination of the comments that residents of Alaska under Title VIII of to administer the Federal Subsistence were received on the Proposed Rule and the Alaska National Interest Lands Management Program. The Board’s the preliminary drafts of the Final Rule Conservation Act of 1980. The January composition includes a Chair appointed revealed no specific intent to remvoe 8, 1999, final rule also established by the Secretary of the Interior with this gillnet prohibition. In our efforts to regulations for seasons, harvest limits, concurrence of the Secretary of remove unnecessary regulations, we methods, and means relating to the Agriculture, the Alaska Regional inadvertently removed the regulation taking of fish and shellfish for Director, U.S. Fish and Wildlife Service; prohibiting the use of gillnets in fresh subsistence uses during the 2000 the Alaska Regional Director, U.S. Fish water. This correcting amendment regulatory year. and Wildlife Service; the Alaska would reinsert that gillnet prohibition DATES: The correcting amendment to Regional Director, U.S. National Park into 50 CFR 100.26(i)(10) and 36 CFR Service; the Alaska State Director, U.S. § l.26 is effective June 28, 2000 242.26(i)(10). through February 28, 2001. Bureau of Land Management; the Alaska The Board finds that additional public Regional Director, U.S. Bureau of Indian FOR FURTHER INFORMATION CONTACT: notice and comment requirements Affairs; and the Alaska Regional under the Administration Procedures Thomas H. Boyd, Office of Subsistence Forester, USDA Forest Service. Through Management, U.S. Fish and Wildlife Act (APA) for this correcting the Board, these agencies participated in amendment are impracticable, Service, telephone (907) 786–3888. for the development of regulations for questions specific to National Forest unnecessary, and contrary to the public Subparts A, B, and C, and the annual interest. Lack of appropriate System Lands, contact Ken Thompson, Subpart D regulations. conservation measures could seriously Regional Subsistence Program Manager, Because this rule relates to public affect the continued viability of fish USDA–Forest Service, Alaska Region, lands managed by an agency or agencies telephone (907) 786–3592. in both the Departments of Agriculture populations, adversely impact future SUPPLEMENTARY INFORMATION: and the Interior, identical text would be subsistence opportunities for rural incorporated into 36 CFR part 242 and Alaskans, and would generally fail to Background 50 CFR part 100. serve the overall public interest. Title VIII of the Alaska National Proposed Subpart D regulations for Therefore, the Board finds good cause Interest Lands Conservation Act the 2000 seasons and bag limits, and pursuant to 5 U.S.C. 553(b)(B) to waive (ANILCA) (16 U.S.C. 3111–3126) methods and means were published on additional public notice and comment requires that the Secretary of the Interior December 17, 1998, in the Federal procedures prior to publication of this and the Secretary of Agriculture Register (62 FR 66216). A comment rule. The Board finds good cause under (Secretaries) implement a joint program period providing for public review of 5 U.S.C. 553(d)(3) to make this rule to grant a preference for subsistence the proposed rule was advertised by effective upon publication. uses of fish and wildlife resources on mail, radio, and newspaper. Following Conformance With Statutory and public lands, unless the State of Alaska that comment period the Proposed Rule Regulatory Authorities enacts and implements laws of general was modified to respond to comments applicability that are consistent with and to make it coincide with State National Environmental Policy Act ANILCA and that provide for the regulations wherever possible. Also, we Compliance subsistence definition, preference, and removed regulations that were A Draft Environmental Impact participation specified in Sections 803, unnecessary because there were no Statement (DEIS) that described four 804, and 805 of ANILCA. The State areas of Federal jurisdiction present. alternatives for developing a Federal
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Subsistence Management Program was program is not likely to significantly involved to any State or local entities or distributed for public comment on restrict subsistence uses. Tribal governments. October 7, 1991. That document The Service has determined that this Paperwork Reduction Act described the major issues associated amendment meets the applicable with Federal subsistence management This amendment does not contain standards provided in Section 3(a) and as identified through public meetings, information collection requirements 3(b)(2) of Executive Order 12988. written comments, and staff analysis subject to Office of Management and In accordance with Executive Order and examined the environmental Budget (OMB) approval under the 13132, the rule does not have sufficient consequences of the four alternatives. Paperwork Reduction Act of 1995. federalism implications to warrant the Proposed regulations (Subparts A, B, preparation of a Federalism Assessment. Other Requirements and C) that would implement the title VIII of ANILCA precludes the State preferred alternative were included in This rule was not subject to OMB from exercising management authority the DEIS as an appendix. The DEIS and review under Executive Order 12866. over wildlife resources on Federal the proposed administrative regulations The Regulatory Flexibility Act of 1980 lands. presented a framework for an annual (5 U.S.C. 601 et seq.) requires In accordance with the President’s regulatory cycle regarding subsistence preparation of flexibility analyses for memorandum of April 29, 1994, hunting and fishing regulations (Subpart rules that will have a signfiicant effect ‘‘Government-to-Government Relations D). The Final Environmental Impact on a substantial number of small with Native American Tribal Statement (FEIS) was published on entities, which include small Governments’’ (59 FR 22951) and 512 February 28, 1992. businesses, organizations, or DM 2, we have evaluated possible governmental jurisdictions. The effects on Federally recognized Indian Based on the public comment tribes and have determined that there received, the analysis contained in the Departments determined that this rulemaking will not have a significant are no effects. The Bureau of Indian FEIS, and the recommendations of the Affairs is a participating agency in this Federal Subsistence Board and the economic effect on a substantial number of small entities within the meaning of rulemaking. Department of the Interior’s Subsistence Drafting Information: William Knauer the Regulatory Flexibility Act. Policy Group, the Secretary of the drafted this amendment under the Interior, with the concurrence of the The rulemaking will impose no guidance of Thomas H. Boyd, of the Secretary of Agriculture, through the signficant costs on small entities; the Office of Subsistence Management, U.S. Department of Agriculture-Forest exact number of businesses and the Alaska Regional Office, U.S. Fish and Service, decided to implement amount of trade that will result from Wildlife Service, Anchorage, Alaska. Alternative IV as identified in the DEIS this Federal land-related activity is Curt Wilson, Alaska State Office, Bureau and FEIS (Record of Decision on unknown. The aggregate effect is an of Land Management; Greg Bos, Alaska Subsistence Management for Federal insignificant positive economic effect on Regional Office, U.S. Fish and Wildlife Public Lands in Alaska (ROD), signed a number of small entities, such as Service; Sandy Rabinowitch Alaska April 6, 1992). The DEIS and the ammunition, snowmachine, and Regional Office, National Park Service; selected alternative in the FEIS defined gasoline dealers. The number of small Ida Hildebrand, Alaska Regional Office, the administrative framework of an entities affected is unknown; but, the Bureau of Indian Affairs; and Ken annual regulatory cycle for subsistence fact that the positive effects will be Thompson, USDA-Forest Service, hunting and fishing regulations. The seasonal in nature and will, in most provided additional guidance. final rule for Subsistence Management cases, merely continue preexisting uses Regulations for Public Lands in Alaska, of public lands indicates that they will List of Subjects Subparts A, B, and C (57 FR 22940– not be significant. 36 CFR Part 242 22964, published May 29, 1992) In general, the resources harvested implemented the Federal Subsistence under this rule will be consumed by the Administrative practice and Management Program and included a local harvester and do not result in a procedure, Alaska, Fish, National framework for an annual cycle for dollar benefit to the economy. However, forests, Public lands, Reporting and subsistence hunting and fishing we estimate that 2 million pounds of recordkeeping requirements, Wildlife. regulations. meat are harvested by the local 50 CFR Part 100 subsistence users annually and, if given Administrative practice and Compliance With Section 810 of a dollar value of $3.00 per pound, ANILCA procedure, Alaska, Fish, National would equate to $6 million Statewide. forests, Public lands, Reporting and The intent of all Federal subsistence Title VIII of ANILCA requires the recordkeeping requirements, Wildlife. regulations is to accord subsistence uses Secretaries to administer a subsistence of fish and wildlife on public lands a preference on public lands. The scope of For the reasons set out in the priority over the taking of fish and this program is limited by definition to preamble, the Federal Subsistence wildlife on such lands for other certain public lands. Likewise, these Board amends Title 36, part 242, and purposes, unless restriction is necessary regulations have no potential takings of Title 50, part 100, of the Code of Federal to conserve healthy fish and wildlife private property implications as defined Regulations, as set forth below. populations. A Section 810 analysis was by Executive Order 12630. PARTll SUBSISTENCE completed as part of the FEIS process. The Service has determined and MANAGEMENT REGULATIONS FOR The final Section 810 analysis certifies pursuant to the Unfunded PUBLIC LANDS IN ALASKA determination appeared in the April 6, Mandates Reform Act, 2 U.S.C. 1502 et 1992, ROD which concluded that the seq., that this rulemaking will not 1. The authority citation for both 36 Federal Subsistence Management impose a cost of $100 million or more CFR part 242 and 50 CFR part 100 Program, under Alternative IV with an in any given year on local or State continues to read as follows: annual process for setting hunting and governments or private entities. The Authority: 16 U.S.C. 3, 472, 551, 668dd, fishing regulations, may have some local implementation of this rule is by 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. impacts on subsistence uses, but the Federal agencies, and no cost is 1733.
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2. Section ll.26 is amended by America (CSA), and PRISM have been transferred to NARA’s legal adding paragraph (i) (10) (v) to read as International (PRISM). We also custody, not records still in the creating follows: considered late comments from the agency’s custody. The regulation covers Deputy Under Secretary of Defense for permanent and temporary records that ll § .26 Subsistence taking of fish. Acquisition Reform (DoD) and the are in the creating agency’s custody. * * * * * Coalition for Government Procurement As we stated in the preamble to the (i) * * * (Coalition). proposed rule (64 FR 23504), in our (10) * * * One of the agencies stated that they initial regulatory flexibility analysis (64 (v) You may not use gillnets in had no comment and the individual FR 50028), and again in the final rule, freshwater. commented that the reasoning behind Federal records provide essential * * * * * the waiver is understandable. A documentation of the Federal Dated: June 19, 2000. discussion of the other major comments Government’s policies and transactions follows, organized by subject. Most of and protect rights of individuals. The Kenneth E. Thompson, these comments reiterated comments Government has an obligation to protect Acting Regional Forester, USDA—Forest raised earlier in the rulemaking and and preserve these records for their Service. addressed in the final rule. entire retention period, even if that Thomas H. Boyd, retention period is only a few years, as Timing of Approvals of Waivers Acting Chair, Federal Subsistence Board. is the case with IRS income tax returns [FR Doc. 00–16037 Filed 6–27–00; 8:45 am] The UMWA endorsed the three or invoice payments. NARA believes BILLING CODE 3410±11±M; 4310±55±M sections with one recommended that records storage facilities should be modification to § 1228.238(c). That structurally sound, protect against provision applies to waiver of roof unauthorized access, and protect against NATIONAL ARCHIVES AND RECORDS requirements for underground storage fire and water damage to the records, ADMINISTRATION facilities. It states that NARA will whether the records are temporary or normally grant the waiver and notify the permanent. Only in the area of 36 CFR Part 1228 requesting agency within 10 work days environmental conditions is the length if the agency has not also requested a of time the records are retained a RIN 3095±AA81 waiver of a different requirement under significant consideration in setting Agency Records Centers § 1228.236. If the agency has another standards. waiver request pending for the same AGENCY: National Archives and Records facility, NARA will respond to all of the NARA’s Facility Standards are Administration (NARA). waiver requests at the same time and Inconsistent With Commercial Standards and Best Practices ACTION: Summary of comments received within the longest time limits. on final rule. UMWA argued that approval of one Iron Mountain, CSA, the Coalition, waiver for a facility should not be and DoD expressed concern that we did SUMMARY: This document describes the delayed because another waiver is not ‘‘baseline’’ the standards against comments that the National Archives received unless the initial waiver would current commercial best practices and and Records Administration (NARA) be impacted by the new filing for a standards. These comments argued that received in response to the invitation for waiver. While a waiver of roof adherence to local building codes and public comment on three sections of our requirements can be considered selected National Fire Protection final rule on agency records center independently from waivers addressed Association (NFPA) standards provide storage standards, published December by § 1228.236, a facility that requires a sufficient protection for records in 2, 1999. We are publishing this waiver of another NARA requirement commercial records centers. We did not document to inform the public of the cannot be approved to store Federal accept these comments, which also had comments and our disposition of the records until the requested waiver of the been made in response to the proposed comments. other provision(s) is approved. We rule and initial regulatory flexibility DATES: The final rule was effective would prefer to make one notification analysis. In the preamble to the January 3, 2000, except §§ 1228.234, when all waivers are approved and we December 2, 1999, final rule, we 1228.236, and 1228.238 which were expect that agencies will submit all discussed at some length why we did effective March 2, 2000. waiver requests for a facility at one time. not share their views (see 64 FR 67635 and 67639–67640). In brief, the local FOR FURTHER INFORMATION CONTACT: Limit the Scope of the Regulation to fire-safety components of building codes Nancy Allard at (301) 713–7360, ext. Permanent/Archival Records are designed to protect the life and 226. Iron Mountain, PRISM, CSA, and the safety of occupants, mitigate against the SUPPLEMENTARY INFORMATION: NARA Coalition recommended revising spread of a fire to adjacent structures, published its final rule, Agency Records § 1228.222(a) to limit the entire and to protect fire fighters, not to limit Centers, on December 2, 1999 (64 FR regulation to permanent archival the loss of valuable contents. The NFPA 67634). In that final rule, we delayed the Federal records. We rejected this standards cited by the industry effective date of three new provisions proposal because (1) recommendations comments pertain to the protection of concerning exceptions and waivers to to change other sections of the facilities storing bulk quantities of blank the facility standards to allow a 60-day regulation were outside the scope of the or waste paper, not records. NARA’s public comment period. These three request for comment on § 1228.234, standards supplement the building new provisions are intended to make it 1228.236, and 1228.238, and (2) NARA codes to provide a safety level for the easier for facilities to gain certification. had previously addressed comments on items stored. We received timely comments from two our position that all Federal records, not The commercial records storage offices in the Veterans Administration, just permanent records, require a industry does not currently have any an individual, Iron Mountain, United minimum level of protection (see 64 FR widely accepted or ANSI-approved Mine Workers of America (UMWA), 67634). We also note that permanent standards. Unfortunately, they do have Contract Services Association of archival records are those records that a record of disastrous fires, each with
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(c) Copies of records or deposits. § 201.35 [Amended] regulations as published in the Code of Requests for copies of records or 19. In § 201.35(f), remove the period Federal Regulations (CFR) to correct deposits should be addressed to the ‘‘.’’ after ‘‘SE’’. minor and typographical errors in the Library of Congress, Copyright Office, published text. The Office has identified Certifications and Documents Section, § 201.36 [Amended] such errors in the currently published LM–402, 101 Independence Avenue, SE, 20. In § 201.36(c), last sentence, (f) rules and makes corrections now. In Washington, DC 20559–6000. and (g) introductory text, remove ‘‘use’’ addition, some corrections, such as the (d) Search of records. Requests for after ‘‘Reports of’’ and add ‘‘Use’’ in its time allotted an agency to respond to a searches of registrations and place. request under the Privacy Act, and the recordations in the completed catalogs, § 201.37 [Amended] time in which an appeal must receive response, are changes made to conform indexes, and other records of the 21. In the heading to § 201.37(b), add the Office’s regulations to the Privacy Copyright Office should be addressed to an ‘‘s’’ to the word ‘‘Definition’’. the Library of Congress, Copyright Act of 1974, which is part of the Office, Reference and Bibliography PART 202ÐREGISTRATION OF Administrative Procedure Act, 5 U.S.C. Section, LM–450, 101 Independence CLAIMS TO COPYRIGHT 552(a). Avenue, SE, Washington, DC 20559– The following sections are amended 6000. 22. The authority citation for Part 202 to correct these errors: Secs. 203.3(a), continues to read as follows: 203.3(b)(2), 203.3(g), 203.4(c), 203.4(d), § 201.3 [Amended] Authority: 17 U.S.C. 408, 702. 203.4(f), 203.4(g), 204.4(a), 204.4(c), 4. In § 201.3(d)(11)(v), remove the ‘‘.’’ 204.5(a), 204.4(c), 204.7(a), 204.7(b), (period) after the ‘‘:’’ (colon). § 202.3 [Amended] 204.8(a), and 204.8(b). 5. In the heading to the table in 23. In § 202.3(b)(3)(i)(A), remove ‘‘A’’ List of Subjects § 201.3(e), remove ‘‘division’’ and add and add ‘‘a’’ after ‘‘published works:’’. 37 CFR Part 203 ‘‘Division’’ in its place. § 202.17 [Amended] Freedom of information. § 201.4 [Amended] 24. In § 202.17(g)(2)(i), remove ‘‘duty’’ and add ‘‘duly’’ in its place. 37 CFR Part 204 6. In § 201.4(a)(1)(iv), revise ‘‘17 U.S.C’’ to read ‘‘17 U.S.C.’’. § 202.23 [Amended] Privacy. 7. In § 201.4(c)(2)(ii), add ‘‘title’’ after 25. In § 202.23(d), add ‘‘or’’ after Final Rule ‘‘recordable under this’’. ‘‘deposit made on’’; add a ‘‘,’’ (comma) 8. In § 201.4(a)(1), (2) and (3)(i), after ‘‘1978’’. Accordingly, 37 CFR chapter II is remove ‘‘Title’’ and add ‘‘title’’ in its amended by making the following Dated: June 20, 2000. corrections and amendments. place. Marilyn J. Kretsinger, 9. In § 201.4, paragraph (d) is revised Assistant General Counsel. PART 203ÐFREEDOM OF to read as follows: [FR Doc. 00–16240 Filed 6–27–00; 8:45 am] INFORMATION ACT: POLICIES AND § 201.4 Recordation of transfers and BILLING CODE 1410±30±P PROCEDURES certain other documents. 1. The authority citation for part 203 * * * * * continues to read as follows: LIBRARY OF CONGRESS (d) Fees. The fees for recordation of a Authority: 17 U.S.C. 702; 5 U.S.C. 552, as document are prescribed in § 201.3(c). Copyright Office amended. * * * * * § 203.3 [Amended] 37 CFR Parts 203, 204, 251, 252, 256, § 201.5 [Amended] 257, 259, 260 2. Section 203.3(a) is amended by 10.–11. In § 201.5(c)(1)(viii)(C), add a removing ‘‘and’’ after ‘‘legal’’ and ‘‘,’’ (comma) after ‘‘other copyright [Docket No. 2000±5A] adding a ‘‘,’’ (comma) in its place. 3. Section 203.3(b)(2) is amended by claimant.’’ Freedom of Information Act, Privacy 12. In § 201.5(c)(2), remove ‘‘.’’ removing ‘‘whether the materials’’ and Act, and Copyright Arbitration Royalty adding in its place ‘‘whether the (period) after ‘‘SE’’. Panel: Policies and Procedures material’’, and by removing ‘‘constitute’’ § 201.7 [Amended] AGENCY: Copyright Office, Library of and adding ‘‘constitutes’’ in its place. 4. Section 203.3(g) is amended by 13. In § 201.7(c)(4)(iii), remove the Congress. removing ‘‘SE.’’ and adding in its place excess space after ‘‘(iii)’’. ACTION: Final rule; technical ‘‘SE’’. 14. In § 201.7(c)(4)(ix), add a ‘‘,’’ amendments. (comma) after ‘‘January 1, 1978’’. § 203.4 [Amended] SUMMARY: The Copyright Office is 15. In § 201.7(d), add a ‘‘,’’ (comma) 5. Section 203.4(c) is amended by making non-substantive housekeeping after ‘‘information or deposit copy’’. removing ‘‘SE.’’ and adding in its place amendments to its regulations to update ‘‘SE’’; and by adding a comma after them and to correct minor errors. § 201.25 [Amended] ‘‘Friday’’. 16. In § 201.25(d), remove EFFECTIVE DATE: June 28, 2000. 6. Section 203.4(d) is amended by ‘‘statement’’ after ‘‘Visual Arts Registry’’ FOR FURTHER INFORMATION CONTACT: adding ‘‘–6000’’ after ‘‘20559’’; and by and add ‘‘Statement’’ in its place. Marilyn J. Kretsinger, Assistant General removing ‘‘SE.’’ and adding in its place 17. In § 201.25(f), add the heading Counsel, Copyright Office GC/I&R, PO ‘‘SE’’. ‘‘Effect of recordation.’’ Box 70400, Southwest Station, 7. Section 203.4(f) introductory text is Washington, DC 20024. Telephone: amended by removing ‘‘S.E.’’ and § 201.26 [Amended] (202)707–8380. Telefax: (202)707–8366. adding in its place ‘‘SE’’; and by adding 18. In § 201.26(g)(3), add ‘‘–4260’’ SUPPLEMENTARY INFORMATION: The a ‘‘.’’ (period) after ‘‘DC’’ and before after ‘‘20540’’. Copyright Office periodically reviews its ‘‘Office hours are’’.
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8. Section 203.4(f)(2) is amended by § 204.7 [Amended] PART 252ÐFILING OF CLAIMS TO removing the ‘‘.’’ (period) after ‘‘General 15. Section 204.7(a) is amended by CABLE ROYALTY FEES Counsel of the United States Copyright removing ‘‘Information and Reference Office’’ and by adding in its place ‘‘’’at: Division, Copyright Office, Library of 22. The authority citation for part 252 Copyright GC/I&R, P.O. Box 70400, Congress, Washington, DC 20559,’’ and continues to read as follows: Southwest Station, Washington, DC adding in its place ‘‘Copyright GC/I&R, Authority: 17 U.S.C. 111(d)(4), 801, 803. 20024. The appeal should be clearly P.O. Box 70400, Southwest Station, § 252.4 [Amended] labeled ‘Freedom of Information Act Washington, DC 20024,’’; and by Appeal’.’’ removing ‘‘SE.’’ and adding in its place 23. Section 252.4(a)(1) is amended by 9. Section 203.4(g) is amended by ‘‘SE’’. removing the ‘‘.’’ (period) after ‘‘SE’’. removing ‘‘In the event a request is 16. Section 204.7(b) is amended by denied and that denial is appealed, the PART 256ÐADJUSTMENT OF removing ‘‘10’’ and adding ‘‘ten’’ in its ROYALTY FEE FOR CABLE Supervisory Copyright Information place. Specialist will refer the appeal to the COMPULSORY LICENSE General Counsel. Appeals shall be set 17. Section 204.8(a) is amended by forth in writing and addressed to the removing ‘‘has 90 calendar days from 24. The authority citation for part 256 Supervisory Copyright Information receipt of the Copyright Office’s continues to read as follows: Specialist at the address listed in response to’’ and adding in its place Authority: 17 U.S.C. 702, 802. paragraph (d) of this section.’’ ‘‘who disagrees with a refusal of the Copyright Office to amend his or her § 256.2 [Amended] PART 204ÐPRIVACY ACT: POLICIES record may request a review of the 25. Section 256.2(b)(2) is amended by AND PROCEDURES denial. The decision will be made removing ‘‘actual’’ and adding ‘‘actual’’ within 30 business days, unless the in its place. 10. The authority citation for part 204 Office can demonstrate good cause for is revised to read as follows: extending the 30 day period. If the PART 257ÐFILING OF CLAIMS TO Authority: 17 U.S.C. 702; 5 U.S.C. 552(a). requestor is dissatisfied with the SATELLITE CARRIER ROYALTY FEES agency’s final determination, the § 204.4 [Amended] individual may bring a civil action 26. The authority citation for part 257 11. Section 204.4(a) is amended by against the Office in the appropriate continues to read as follows: removing ‘‘Information and Reference United States district court.’’; and by Authority: 17 U.S.C. 119(b)(4). Division, Copyright Office, Library of removing ‘‘Register of Copyright, Congress, Washington, DC 20559,’’ and Copyright Office, Library of Congress, § 257.4 [Amended] by adding in its place ‘‘Copyright GC/ Washington, DC 20559 for the final 27. Section 257.4(a)(1) is amended by I&R, P.O. Box 70400, Southwest Station, administrative determination’’ and removing the ‘‘.’’ (period) after ‘‘SE’’. Washington, DC 20024,’’; and by adding in its place, ‘‘General Counsel, removing ‘‘9 a.m. and 4 p.m.’’ and Copyright Office, Copyright GC/I&R, PART 259ÐFILING OF CLAIMS TO adding ‘‘8:30 a.m. and 5 p.m.’’ in its P.O. Box 70400, Southwest Station, DIGITAL AUDIO RECORDING DEVICES place; and by removing ‘‘SE.’’ and Washington, DC 20024,’’; and by AND MEDIA ROYALTY PAYMENTS adding in its place ‘‘SE’’. removing ‘‘Register’s’’ and adding in its 28. The authority citation for part 259 12. Section 204.4(c) is amended by place ‘‘Copyright Office General continues to read as follows: removing ‘‘within ten working days of Counsel’s’’. receipt and will notify the requester 18. Section 204.8(b) is amended by Authority: 17 U.S.C. 1007(a)(1). removing ‘‘Register’’ each place it within 30 working days of receipt of the § 259.5 [Amended] existence or non-existence of records appears and adding ‘‘General Counsel’’ pertaining to the requester.’’ and by in its place; and by removing 29. Section 259.5(a)(1) is amended by adding in its place ‘‘made by ‘‘Register’s’’ and adding in its place removing the ‘‘.’’ (period) after ‘‘SE’’. ‘‘General Counsel’s’’. individuals wishing to gain access to PART 260ÐUSE OF SOUND view or copy their records or any PART 251ÐCOPYRIGHT RECORDINGS IN A DIGITAL information pertaining to the PERFORMANCE individual, within a reasonable time. ARBITRATION ROYALTY PANEL RULES OF PROCEDURE The Office will acknowledge in writing 30. The authority citation for part 260 an individual’s request to amend a continues to read as follows: record pertaining to him or her within 19. The authority citation for part 251 Authority: 17 U.S.C. 114, 801(b)(1). ten business days.’’ continues to read as follows: Authority: 17 U.S.C. 801–803. § 260.2 [Amended] § 204.5 [Amended] § 251.44 [Amended] 31. Section 260.2(c)(1)(v) is amended 13. Section 204.5(a) is amended by by removing ‘‘merchandise or anything removing ‘‘Information and Reference 20. Section 251.44(f) is amended by or service of value is received by Division, Copyright Office, Library of adding the heading ‘‘Service.’’ after the licensee’’ and adding in its place Congress, Washington, DC 20559,’’ and paragraph designation (f). ‘‘merchandise, service, or anything of adding in its place ‘‘Copyright GC/I&R, § 251.64 [Amended] value is received by Licensee’’ in its P.O. Box 70400, Southwest Station, place. Washington, DC 20024,’’; and by 21. Section 251.64 is amended by removing ‘‘SE.’’ and adding in its place adding ‘‘Such notice shall, to the extent Dated: June 22, 2000. ‘‘SE’’. feasible, describe the nature, general Marilyn J. Kretsinger 14. Section 204.5(c) is amended by structure, and schedule of the Assistant General Counsel. removing the word ‘‘ten’’ and adding in proceeding.’’ at the end of the [FR Doc. 00–16241 Filed 6–27–00; 8:45 am] its place ‘‘20’’. paragraph. BILLING CODE 1410±30±P
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ENVIRONMENTAL PROTECTION procedure for Georgia. In this document levels of government, as specified in AGENCY EPA is doing the first update to the Executive Order 13132 (64 FR 43255, material being IBRed. August 10, 1999), because it merely 40 CFR Part 52 In this document EPA is updating the approves a state rule implementing a [GA200020; FRL±6720±4] SIP compilation that is incorporated by federal standard, and does not alter the reference. EPA took notice and public relationship or the distribution of power Approval and Promulgation of Air comment on this rulemaking in May and responsibilities established in the Quality Implementation Plans; Georgia 1999. No comments were received and Clean Air Act. This rule also is not Update to Materials Incorporated by the rule became effective May 21, 1999. subject to Executive Order 13045 (62 FR Reference EPA has determined that today’s rule 19885, April 23, 1997), because it is not falls under the ‘‘good cause’’ exemption economically significant. AGENCY: Environmental Protection in section 553(b)(3)(B) of the In reviewing SIP submissions, EPA’s Agency (EPA). Administrative Procedures Act (APA) role is to approve state choices, ACTION: Final rule; notice of which, upon finding ‘‘good cause,’’ provided that they meet the criteria of administrative change. authorizes agencies to dispense with the Clean Air Act. In this context, in the public participation and section absence of a prior existing requirement SUMMARY: EPA is updating the materials 553(d)(3) which allows an agency to for the State to use voluntary consensus submitted by Georgia that are make a rule effective immediately standards (VCS), EPA has no authority incorporated by reference (IBR) into the (thereby avoiding the 30-day delayed to disapprove a SIP submission for State implementation plan (SIP). The effective date otherwise provided for in failure to use VCS. It would thus be regulations affected by this update have the APA). Today’s rule simply codifies inconsistent with applicable law for been previously submitted by the State provisions which are already in effect as EPA, when it reviews a SIP submission, agency and approved by EPA. This a matter of law in Federal and approved to use VCS in place of a SIP submission update affects the SIP materials that are State programs. that otherwise satisfies the provisions of available for public inspection at the Under section 553 of the APA, an the Clean Air Act. Thus, the Office of the Federal Register (OFR), the agency may find good cause where requirements of section 12(d) of the Air and Radiation Docket and procedures are ‘‘impractical, National Technology Transfer and Information Center located in Ariel Rios unnecessary, or contrary to the public Advancement Act of 1995 (15 U.S.C. Building, Washington, D.C., and the interest.’’ Public comment is 272 note) do not apply. As required by Regional Office. ‘‘unnecessary’’ and ‘‘contrary to the public interest’’ since the codification section 3 of Executive Order 12988 (61 EFFECTIVE DATE: This action is effective FR 4729, February 7, 1996), in issuing June 28, 2000. only reflects existing law. Immediate notice in the CFR benefits the public by this rule, EPA has taken the necessary ADDRESSES: SIP materials which are updating citations. steps to eliminate drafting errors and incorporated by reference into 40 CFR ambiguity, minimize potential litigation, part 52 are available for inspection at I. Administrative Requirements and provide a clear legal standard for the following locations: Environmental Under Executive Order 12866 (58 FR affected conduct. EPA has complied Protection Agency, Region 4, 61 Forsyth 51735, October 4, 1993), this action is with Executive Order 12630 (53 FR Street, SW, Atlanta, GA 30303; Office of not a ‘‘significant regulatory action’’ and 8859, March 15, 1988) by examining the Air and Radiation, Docket and therefore is not subject to review by the takings implications of the rule in Information Center (Air Docket), EPA, Office of Management and Budget. This accordance with the ‘‘Attorney Ariel Rios Building (Mail Code 6102), action merely approves state law as General’s Supplemental Guidelines for 1200 Pennsylvania Avenue, NW, meeting federal requirements and the Evaluation of Risk and Avoidance of Washington, DC 20460; and Office of imposes no additional requirements Unanticipated Takings’ issued under the the Federal Register, 800 North Capitol beyond those imposed by state law. Executive Order. This rule does not Street, NW, Suite 700, Washington, D.C. Accordingly, the Administrator certifies impose an information collection FOR FURTHER INFORMATION CONTACT: Mr. that this rule will not have a significant burden under the provisions of the Scott M. Martin at the above Region 4 economic impact on a substantial Paperwork Reduction Act of 1995 (44 address or at (404) 562–9031. number of small entities under the U.S.C. 3501 et seq.). SUPPLEMENTARY INFORMATION: The SIP is Regulatory Flexibility Act (5 U.S.C. 601 The Congressional Review Act, 5 a living document which the State can et seq.). Because this rule approves pre- U.S.C. 801 et seq., as added by the Small revise as necessary to address the existing requirements under state law Business Regulatory Enforcement unique air pollution problems in the and does not impose any additional Fairness Act of 1996, generally provides state. Therefore, EPA from time to time enforceable duty beyond that required that before a rule may take effect, the must take action on SIP revisions by state law, it does not contain any agency promulgating the rule must containing new and/or revised unfunded mandate or significantly or submit a rule report, which includes a regulations as being part of the SIP. On uniquely affect small governments, as copy of the rule, to each House of the May 22, 1997, (62 FR 27968) EPA described in the Unfunded Mandates Congress and to the Comptroller General revised the procedures for incorporating Reform Act of 1995 (Pub. L. 104–4). For of the United States. EPA will submit a by reference Federally-approved SIPs, as the same reason, this rule also does not report containing this rule and other a result of consultations between EPA significantly or uniquely affect the required information to the U.S. Senate, and OFR. The description of the revised communities of tribal governments, as the U.S. House of Representatives, and SIP document, IBR procedures and specified by Executive Order 13084 (63 the Comptroller General of the United ‘‘Identification of plan’’ format are FR 27655, May 10, 1998). This rule will States prior to publication of the rule in discussed in further detail in the May not have substantial direct effects on the the Federal Register. A major rule 22, 1997, Federal Register document. states, on the relationship between the cannot take effect until 60 days after it On May 21, 1999, EPA published a national government and the states, or is published in the Federal Register. document in the Federal Register (64 on the distribution of power and This action is not a ‘‘major rule’’ as FR 27699) beginning the new IBR responsibilities among the various defined by 5 U.S.C. 804(2).
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EPA has also determined that the promulgated State rules/regulations Dated: June 20, 2000. provisions of section 307(b)(1) of the which have been approved as part of the Lisa Guide, Clean Air Act pertaining to petitions for State implementation plan as of July 1, Deputy Assistant Secretary for Policy and judicial review are not applicable to this 2000. International Affairs. action. Prior EPA rulemaking actions for (3) Copies of the materials Part 12 of title 43 of the Code of each individual component of the incorporated by reference may be Federal Regulations is amended as Mississippi SIP compilations had inspected at the Region 4 EPA Office at follows: previously afforded interested parties 61 Forsyth Street, SW., Atlanta, GA the opportunity to file a petition for 30303; the Office of the Federal Register, PART 12ÐADMINISTRATIVE AND judicial review in the United States 800 North Capitol Street, NW., Suite AUDIT REQUIREMENTS AND COST Court of Appeals for the appropriate 700, Washington, DC.; or at the EPA, Air PRINCIPLES FOR ASSISTANCE circuit within 60 days of such and Radiation Docket and Information PROGRAMS rulemaking action. Thus, EPA sees no Center, Air Docket (6102), Ariel Rios need in this action to reopen the 60-day Building, 1200 Pennsylvania Avenue, 1. The authority for part 12 continues period for filing such petitions for N.W., Washington, DC. 20460. to read as follows: judicial review. * * * * * Authority: 5 U.S.C. 301; 31 U.S.C. 6101 List of Subjects in 40 CFR Part 52 [FR Doc. 00–16176 Filed 6–27–00; 8:45 am] note, 7501; 41 U.S.C. 252a, 701 et seq; Pub. L. 104–256, 110 Stat. 1396; sec. 501, Pub. L. Environmental protection, Air BILLING CODE 6560±50±P 105–62, 111 Stat. 1338; sec. 503, Pub. L. 105– pollution control, Carbon monoxide, 62, 111 Stat. 1339; sec. 303, Pub. L. 105–83, Hydrocarbons, Incorporation by 111 Stat. 1589; sec. 307, Pub. L. 105–83, 111 reference, Intergovernmental relations, Stat. 1590; E.O. 12549, 3 CFR, 1986 Comp., DEPARTMENT OF THE INTERIOR Lead, Nitrogen dioxide, Ozone, p. 189; E.O. 12674, 3 CFR, 1989 Comp., p. 215; E.O. 12689, 3 CFR, 1989 Comp., p. 235; Particulate matter, Reporting and Office of the Secretary E.O. 12731, 3 CFR, 1990 Comp., p. 306; E.O. recordkeeping requirements, Sulfur 13043, 62 FR 19217; 3 CFR 1997 Comp., p. oxides. 43 CFR Part 12 195; OMB Circular A–102; OMB Circular A– Dated: May 19, 2000. 110; and OMB Circular A–133. A. Stanley Meiburg, RIN 1090±AA67 Subpart AÐAdministrative and Audit Acting Regional Administrator, Region 4. Administrative and Audit Requirements and Cost Principles for Part 52 of chapter I, title 40, Code of Requirements and Cost Principles for Assistance Programs Federal Regulations, is amended as Assistance Programs follows: 2. Section 12.2 is corrected by AGENCY: Office of the Secretary, Interior. revising the section heading and PART 52Ð[AMENDED] ACTION: Correcting amendment. paragraph (e) to read as follows: 1. The authority for citation for part § 12.2 What policies are financial 52 continues to read as follows: SUMMARY: This document corrects the assistance awards and subawards in the final rule published June 16, 2000 Authority: 42 U.S.C. 7401 et seq. form of grants and cooperative agreements which adopted as final an interim rule subject to? Subpart LÐGeorgia published December 27, 1999. The rule * * * * * related to encouraging the use of seat (e) (1) What does Executive Order 2. Section 52.570 paragraph (b) is belts in response to Executive Order 13043, ‘‘Increasing Seat Belt Use in the revised to read as follows: 13043. United States,’’ dated April 16, 1997, § 52.570 Identification of plan. DATES: Effective on July 17, 2000. do? * * * * * FOR FURTHER INFORMATION CONTACT: (i) If you are a Federal grantee, you are (b) Incorporation by reference. Debra E. Sonderman, (Director, Office of encouraged to— (1) Material listed in paragraph (c) of Acquisition and Property Management), (A) Adopt and enforce on-the-job seat this section with an EPA approval date (202) 208–6431. belt use policies and programs for your prior to July 1, 2000, was approved for SUPPLEMENTARY INFORMATION: employees when operating company- incorporation by reference by the owned, rented, or personally owned Director of the Federal Register in Need for Correction vehicles. accordance with 5 U.S.C. 552(a) and 1 As published on June 16, 2000 (65 FR (B) Conduct education, awareness, CFR part 51. The approval date for 37702), the rule indicated that the and other appropriate programs for your paragraph (d) remains December 1, interim rule amending 43 CFR part 12 employees about the importance of 1998. Material is incorporated as it that was published at 64 FR 72287 on wearing seat belts and the consequences exists on the date of the approval, and December 27, 1999, was adopted as final of not wearing them. notice of any change in the material will without change. Because a change was (ii) [Reserved] be published in the Federal Register. in fact made to 43 CFR 12.2(e)(3), we are (2) When does the policy apply? Entries in paragraphs (c) and (d) of this publishing this document to reflect that (i) If a grant/cooperative agreement is section with EPA approval dates after change. being awarded by the bureau/office of July 1, 2000, will be incorporated by the Department—The policy applies. List of Subjects in 43 CFR Part 12 reference in the next update to the SIP (ii) If the recipient awards a grant or compilation. Administrative practice and cooperative agreement to a (2) EPA Region 4 certifies that the procedure, Contract programs, subrecipient—The policy applies. rules/regulations provided by EPA in Cooperative agreements, Grant (3) What terms and conditions will be the SIP compilation at the addresses in programs, Grants administration, incorporated into the grant/cooperative paragraph (b)(3) of this section are an Reporting and recordkeeping agreement or sub-award, if use of a exact duplicate of the officially requirements. specific provision is desired and general
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Proposed Rules Federal Register Vol. 65, No. 125
Wednesday, June 28, 2000
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Mr. PPB to cover its costs and re-establish contains notices to the public of the proposed James R. Rodeheaver at the above adequate program reserves. issuance of rules and regulations. The address, call (202) 720–4693, or e-mail The purpose of the RFA is to fit purpose of these notices is to give interested [email protected]. regulatory actions to the scale of persons an opportunity to participate in the SUPPLEMENTARY INFORMATION: businesses subject to such actions in rule making prior to the adoption of the final order that small businesses will not be rules. Executive Order 12866 and Regulatory unduly or disproportionately burdened. Flexibility Act This action would increase user fee DEPARTMENT OF AGRICULTURE This rule has been determined not revenue generated under the lot significant for purposes of Executive inspection program, and the year round Agricultural Marketing Service Order 12866 and has not been reviewed and less than year round inspection by the Office of Management and programs by approximately $1,020,000 7 CFR Part 52 Budget. Also, pursuant to the annually. This action is authorized requirements of the Regulatory under the AMA of 1946 (see 7 U.S.C. [Doc. No. FV±00±326] Flexibility Act (RFA), the Agricultural 1622(h)) which provides that the Marketing Service (AMS) has Secretary of Agriculture assess and RIN 0581±AB85 considered the economic impact of this collect ‘‘such fees as will be reasonable action on small entities. and as nearly as may be to cover the Processed Fruits and Vegetables AMS regularly reviews its user fee costs of services rendered * * *’’. financed programs to determine if the There are more than 1,250 users of AGENCY: Agricultural Marketing Service, fees are adequate. The Processed PPB’s lot, and less than year round and USDA. Products Branch (PPB) of the Fruit and year round inspection services ACTION: Proposed rule. Vegetable Programs, AMS, has and will (including applicants who must meet import requirements 1, inspections SUMMARY: This proposed rule would continue to seek out cost savings which amount to under 2 percent of all revise the regulations governing opportunities and implement lot inspections performed). A small inspection and certification for appropriate changes to reduce its costs. portion of these users are small entities processed fruits, vegetables, and Such actions can provide alternatives to under the criteria established by the processed products made from them by fee increases. The fee schedule was last Small Business Administration (13 CFR increasing by approximately three to revised on October 4, 1998 (63 FR 121.201). There will be no additional nine percent fees charged for the 50745). However, even with such reporting, recordkeeping, or other inspection services. These revisions are efforts, the existing fee schedule will not compliance requirements imposed upon necessary in order to recover, as nearly generate sufficient revenues to cover lot, small entities as a result of this as practicable, the costs of performing and year round and less than year round proposed rule. inspection services under the inspection program costs and sustain an adequate reserve balance. PPB programs PPB has not identified any other Agricultural Marketing Act of 1946. The federal rules which may duplicate, fees charged to persons required to have for lot, year round, and less than year round will have obligations in FY 2000 overlap or conflict with this proposed inspections on imported commodities in rule. accordance with the Agricultural of approximately $12.9 million, necessitating a reserve of $4.3 million. Inspection services covered by this Marketing Act of 1937 would also be proposed rule are voluntary, except affected. The current reserve is $2.6 million. Current revenue projections for FY 2000 when required for certain imported DATES: Comments must be submitted on without a fee increase are $12.0 million commodities under 7 CFR parts 944 and or before August 28, 2000. as program costs increase to 999. The total fees charged to users of ADDRESSES: Interested persons are approximately $13.1 million in FY these services vary with usage. The invited to submit comments on the 2001. These cost increases will result impact on all businesses, including internet or written comments primarily from increases in salaries and small entities, is very similar. Further, concerning this proposal. Comments benefits. Accounting for a significant even though fees will be increased, the must be sent in duplicate to the Office portion of the total operating budget, amount of the increase is small (three to of the Branch Chief, Processed Products salaries rose from 3.54 to 4.02 percent, nine percent), and should not Branch, Fruit and Vegetable Programs, effective January 1999, increasing the Agricultural Marketing Service, U.S. cost of operating these programs by 1 Section 8e of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601– Department of Agriculture, P.O. Box $295,000. A 4.8 percent pay increase 604), requires that whenever the Secretary of 96456, Room 0709 South Building, effective January 1, 2000, increased Agriculture issues grade, size, quality or maturity Washington, DC 20090–6456. program costs another $385,000. The regulations under domestic marketing orders for Comments should make reference to the revenue projections, that include certain commodities, the same or comparable regulations on imports of those commodities must date and page number of this issue of proposed fees, are $12.3 million for FY be issued. Import regulations apply only during the Federal Register and will be made 2000 and $13.5 million for FY 2001. The those periods when domestic marketing order available for public inspection in the proposed fee increase of approximately regulations are in effect. above office during regular business 3 to 9 percent, should result in an Currently, there are 4 processed commodities subject to 8e import regulations: canned ripe olives, hours and on the internet at http:// estimated $0.3 million during FY 2000 dates, prunes, and processed raisins. A current www.ams.usda.gov/fv/ and an additional approximately $1.0 listing of the regulated commodities can be found ppbdocketlist.htm. million in FY 2001 and should enable under 7 CFR parts 944 and 999.
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Issued in Renton, Washington, on June 22, formatted in Microsoft Word 97 for Availability of NPRMs 2000. Windows or ASCII text. Any person may obtain a copy of this Donald L. Riggin, The service information referenced in NPRM by submitting a request to the Acting Manager, Transport Airplane the proposed rule may be obtained from FAA, Transport Airplane Directorate, Directorate, Aircraft Certification Service. British Aerospace Regional Aircraft ANM–114, Attention: Rules Docket No. [FR Doc. 00–16358 Filed 6–27–00; 8:45 am] American Support, 13850 Mclearen 99–NM–355–AD, 1601 Lind Avenue, BILLING CODE 4910±13±U Road, Herndon, Virginia 20171. This SW., Renton, Washington 98055–4056. information may be examined at the FAA, Transport Airplane Directorate, Discussion DEPARTMENT OF TRANSPORTATION 1601 Lind Avenue, SW., Renton, The Civil Aviation Authority (CAA), Washington. which is the airworthiness authority for Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: the United Kingdom, notified the FAA that an unsafe condition may exist on 14 CFR Part 39 Norman B. Martenson, Manager, International Branch, ANM–116, FAA, all British Aerospace Model BAe 146 and certain Model Avro 146–RJ series [Docket No. 99±NM±355±AD] Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington airplanes. The CAA advises that, during in-service maintenance inspections RIN 2120±AA64 98055–4056; telephone (425) 227–2110; fax (425) 227–1149. inside the upper part of the center and outer wing fuel tanks at Ribs 0 and 2, Airworthiness Directives; British SUPPLEMENTARY INFORMATION: Aerospace Model BAe 146 and Model loose Jo-bolts and movement at the Avro 146±RJ Series Airplanes Comments Invited stringer crown fittings have been found. Interested persons are invited to Movement in this area will cause AGENCY: Federal Aviation participate in the making of the increased loads on the upper wing skin. Administration, DOT. This condition, if not corrected, could proposed rule by submitting such result in reduced structural integrity of ACTION: Notice of proposed rulemaking written data, views, or arguments as the wings. (NPRM). they may desire. Communications shall identify the Rules Docket number and Explanation of Relevant Service SUMMARY: This document proposes the adoption of a new airworthiness be submitted in triplicate to the address Information directive (AD) that is applicable to all specified above. All communications British Aerospace has issued Service British Aerospace Model BAe 146 and received on or before the closing date Bulletin SB.57–56, dated September 2, certain Model Avro 146–RJ series for comments, specified above, will be 1999, which describes procedures for airplanes. This proposal would require considered before taking action on the repetitive detailed visual inspections of inspections and torque checks of the proposed rule. The proposals contained the stringers and torque checks of the Jo- stringer crown fittings and bolts at Ribs in this notice may be changed in light bolts at Ribs 0 and 2 of the wings for 0 and 2 of the wings for discrepancies, of the comments received. discrepancies. The discrepancies Submit comments using the following corrective action, if necessary; and include loose Jo-bolts, loose stringer format: eventual modification of the stringer crown fittings, fretting of fittings and • Organize comments issue-by-issue. crown fittings, which would terminate stringers, and cracking or other damage For example, discuss a request to the inspections and checks. This action of attachments to the upper skin and change the compliance time and a is necessary to prevent increased loads joint plates. The service bulletin also request to change the service bulletin on the upper wing skin due to looseness describes procedures for modification of reference as two separate issues. of the stringer fittings and bolts at Ribs all stringer crown fittings at Ribs 0 and • For each issue, state what specific 0 and 2 of the wings, which could result 2 of the wings, which would eliminate change to the proposed AD is being in reduced structural integrity of the the need for the repetitive inspections. requested. wings. This action is intended to The modification includes detailed • Include justification (e.g., reasons or address the identified unsafe condition. visual and eddy current inspections for data) for each request. discrepancies (i.e., fretting, cracking, DATES: Comments must be received by Comments are specifically invited on corrosion) of the stringers, fittings, and July 28, 2000. the overall regulatory, economic, upper wing skin; repairs, if necessary; ADDRESSES: Submit comments in environmental, and energy aspects of and installation of oversize interference triplicate to the Federal Aviation the proposed rule. All comments fit radial-lock fasteners per Repair Administration (FAA), Transport submitted will be available, both before Instruction (R.I.L. HC571H9033). Airplane Directorate, ANM–114, and after the closing date for comments, Accomplishment of the actions Attention: Rules Docket No. 99–NM– in the Rules Docket for examination by specified in the service bulletin is 355–AD, 1601 Lind Avenue, SW., interested persons. A report intended to adequately address the Renton, Washington 98055–4056. summarizing each FAA-public contact identified unsafe condition. The CAA Comments may be inspected at this concerned with the substance of this classified this service bulletin as location between 9:00 a.m. and 3:00 proposal will be filed in the Rules mandatory and issued British p.m., Monday through Friday, except Docket. airworthiness directive 004–09–99 in Federal holidays. Comments may also Commenters wishing the FAA to order to assure the continued be sent via the Internet using the acknowledge receipt of their comments airworthiness of these airplanes in the following address: 9-anm- submitted in response to this notice United Kingdom. [email protected]. Comments sent must submit a self-addressed, stamped via the Internet must contain ‘‘Docket postcard on which the following FAA’s Conclusions No. 99–NM–355–AD’’ in the subject line statement is made: ‘‘Comments to These airplane models are and need not be submitted in triplicate. Docket Number 99–NM–355–AD.’’ The manufactured in the United Kingdom Comments sent via the Internet as postcard will be date stamped and and are type certificated for operation in attached electronic files must be returned to the commenter. the United States under the provisions
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Alaska. The FAA is proposing this Paragraph 2004—Jet Routes ACTION: Notice of proposed rulemaking action to remove all airways and routes * * * * * (NPRM). off the Chandalar Lake NDB, AK, in preparation for the NDB’s eventual J–115 [Revised] SUMMARY: This action proposes to decommissioning from the National From Shemya, AK, NDB, via Mt. Moffett, establish a Very High Frequency Airspace System. AK, NDB; Dutch Harbor, AK, NDB; Cold Bay, Omnidirectional Range (VOR) Federal AK; King Salmon, AK; INT King Salmon 053° airway (V–457) in Alaska. The FAA is The FAA has determined that this ° proposed regulation only involves an and Kenai, AK, 239 radials; Kenai; proposing to establish this Federal Anchorage, AK; Fairbanks, AK; to Put River, established body of technical airway for the following reasons: the AK, NDB. regulations for which frequent and conversion of this uncharted routine amendments are necessary to * * * * * nonregulatory route to a VOR Federal keep them operationally current. J–125 [Revised] airway would add to the instrument Therefore, this proposed regulation: (1) From Kodiak, AK, via Anchorage, AK; INT flight rules (IFR) airway and route is not a ‘‘significant regulatory action’’ Anchorage 347° and Talkeetna, AK, 196° infrastructure in Alaska; pilots would be under Executive Order 12866; (2) is not radials; Talkeetna; Nenana, AK; to Put River, provided with minimum en route a ‘‘significant rule’’ under DOT AK, NDB. altitudes and minimum obstruction Regulatory Policies and Procedures (44 * * * * * clearance altitudes information; this FR 11034; February 26, 1979); and (3) amendment would establish controlled does not warrant preparation of a J–155 [Revoked] airspace, thus eliminating some of the regulatory evaluation as the anticipated * * * * * commercial IFR operations in impact is so minimal. Since this is a Paragraph 6009(c)—Amber Federal Airways uncontrolled airspace; and the addition routine matter that will only affect air of this route would improve the * * * * * traffic procedures and air navigation, it management of air traffic operations and is certified that this rule, when Amber-15 [Revised] thereby enhance safety. promulgated, will not have a significant From Ethelda, BC, Canada, NDB via DATES: Comments must be received on economic impact on a substantial Nichols, AK, NDB; Sumner Strait, AK, NDB; or before August 14, 2000. Coghlan Island, AK, NDB; Haines, AK, NDB; number of small entities under the ADDRESSES: Send comments on the Burwash, YT, Canada, NDB; Beaver Creak, criteria of the Regulatory Flexibility Act. proposal in triplicate to: Manager, Air Jet routes, amber Federal airways, and YT, Canada, NDB; Nabesna, AK, NDB; to Traffic Division, AAL–500, Docket No. Alaskan VOR Federal airways are Delta Junction, AK, NDB. From Chena, AK, 00–AAL–02, Federal Aviation published in paragraph 2004, paragraph NDB; to Put River, AK, NDB. The airspace Administration, 222 West 7th Avenue, 6009(c), and paragraph 6010(b), within Canada is excluded. #14, Anchorage, AK 99533. respectively, of FAA Order 7400.9G * * * * * The official docket may be examined dated September 1, 1999, and effective Paragraph 6010(b)—Alaskan VOR Federal in the Rules Docket, Office of the Chief September 16, 1999, which is Airways Counsel, Room 916, 800 Independence incorporated by reference in 14 CFR * * * * * Avenue, SW., Washington, DC, 71.1. The jet routes, amber Federal weekdays, except Federal holidays, airway, and Alaskan VOR Federal V–436 [Revised] From Anchorage, AK, via INT Anchorage between 8:30 a.m. and 5:00 p.m. airways listed in this document would An informal docket may also be be published subsequently in the order. 347° and Talkeetna, AK, 196° radials; Talkeetna; Nenana, AK; to Put River, AK, examined during normal business hours List of Subjects in 14 CFR Part 71 NDB. at the office of the Regional Air Traffic Airspace, Incorporation by reference, * * * * * Division. Navigation (air). FOR FURTHER INFORMATION CONTACT: V–447 [Revised] Joseph C. White, Airspace and Rules The Proposed Amendment From Fairbanks, AK, to Put River, AK, Division, ATA–400, Office of Air Traffic In consideration of the foregoing, the NDB. Airspace Management, Federal Aviation Federal Aviation Administration * * * * * Administration, 800 Independence proposes to amend 14 CFR part 71 as Issued in Washington, DC, on June 19, Avenue, SW., Washington, DC 20591; follows: 2000. telephone: (202) 267–8783. Reginald C. Matthews, SUPPLEMENTARY INFORMATION: PART 71ÐDESIGNATION OF CLASS A, Manager, Airspace and Rules Division. CLASS B, CLASS C, CLASS D, AND Comments Invited [FR Doc. 00–16330 Filed 6–27–00; 8:45 am] CLASS E AIRSPACE AREAS; Interested parties are invited to BILLING CODE 4910±13±P AIRWAYS; ROUTES; AND REPORTING participate in this proposed rulemaking POINTS by submitting such written data, views, 1. The authority citation for part 71 DEPARTMENT OF TRANSPORTATION or arguments as they may desire. continues to read as follows: Comments that provide the factual basis Federal Aviation Administration supporting the views and suggestions Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– presented are particularly helpful in 1963 Comp., p. 389. 14 CFR Part 71 developing reasoned regulatory decisions on the proposal. Comments § 71.1 [Amended] [Airspace Docket No. 00-AAL±02] are specifically invited on the overall 2. The incorporation by reference in regulatory, aeronautical, economic, 14 CFR 71.1 of FAA Order 7400.9G, Proposed Establishment of VOR environmental, and energy-related Airspace Designations and Reporting Federal Airway; AK aspects of the proposal. Points, dated September 1, 1999, and Communications should identify the effective September 16, 1999, is AGENCY: Federal Aviation airspace docket number and be amended as follows: Administration (FAA), DOT. submitted in triplicate to the address
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Extended Care Strategic Healthcare (3) As a condition for receiving a disability incurred or aggravated in the Group (114). The letter will include the payment of per diem under this part, the line of duty; reasons for the decision and indicate State must submit a completed VA form (d) Veterans who receive disability that the State has the right to appeal the 10–5588, State Home Report and compensation under 38 U.S.C. 1151; decision. Statement of Federal Aid Claimed. This (e) Veterans whose entitlement to (e) The State must submit an appeal form is set forth in full at 38 CFR 58.11. disability compensation is suspended to the Under Secretary for Health in (4) Initial payments will not be made because of the receipt of retired pay; writing, within 30 days of receipt of the until the Under Secretary for Health (f) Veterans whose entitlement to notice of failure to meet the standards. recognizes the State home. However, disability compensation is suspended In its appeal, the State must explain payments will be made retroactively for pursuant to 38 U.S.C. 1151, but only to why the determination is inaccurate or care that was provided on and after the the extent that such veterans’ incomplete and provide any new and date of the completion of the VA survey continuing eligibility for adult day relevant information not previously of the facility that provided the basis for health care is provided for in the considered. Any appeal that does not determining that the facility met the judgment or settlement described in 38 identify a reason for disagreement will standards of this part. U.S.C. 1151; be returned to the sender without (5) As a condition for receiving (g) Veterans who VA determines are further consideration. payment of per diem under this part, the unable to defray the expenses of (f) After reviewing the matter, State must submit to the VA medical necessary care as specified under 38 including any relevant supporting center of jurisdiction for each veteran U.S.C. 1722(a); documentation, the Under Secretary for the following completed VA forms: 10– (h) Veterans of the Mexican border 10EZ, Application for Medical Benefits, Health will issue a written period or of World War I; and 10–10SH, State Home Program determination that affirms or reverses (i) Veterans solely seeking care for a Application for Care—Medical the previous determination. If the Under disorder associated with exposure to a Certification, at the time of enrollment Secretary for Health decides that the toxic substance or radiation or for a and with any request for a change in the State home facility or program disorder associated with service in the level of care (nursing home, domiciliary management does not meet the Southwest Asia theater of operations or hospital care). These forms are set standards of subpart D of this part, the during the Persian Gulf War, as forth in full at 38 CFR 58.12 and 58.13, Under Secretary for Health will provided in 38 U.S.C. 1710(e); respectively. If the program is eligible to withdraw recognition and stop paying (j) Veterans who agree to pay to the receive per diem payments for adult day per diem for care provided on and after United States the applicable co-payment health care for a veteran, VA will pay determined under 38 U.S.C. 1710(f) and the date of the decision. The decision of per diem under this part from the date the Under Secretary for Health will 1710(g), if they seek VA (U.S. of receipt of the completed forms Department of Veterans Affairs) constitute a final VA decision. The required by this paragraph (a)(5), except Under Secretary for Health will send a hospital, nursing home, or outpatient that VA will pay per diem from the day care. copy of this decision to the State home on which the veteran was enrolled in (Authority: 38 U.S.C. 101, 501, 1741–1743) facility and to the State official the program if VA receives the authorized to oversee the operations of completed forms within 10 days after Subpart DÐStandards the State home. enrollment. (g) In the event that a VA survey team (b) For determining ‘‘the one-half of § 52.60 Standards applicable for payment or other VA medical center staff the total cost’’ under paragraph (a)(1) of of per diem. identifies any condition at the State this section, total per diem costs for an The provisions of this subpart are the home facility that poses an immediate eligible veteran’s adult day health care standards that a State home and threat to public or patient safety or other consist of those direct and indirect costs program management must meet for the information indicating the existence of attributable to adult day health care at State to receive per diem for adult day such a threat, the director of the VA the facility divided by the total number health care provided at that home. medical center of jurisdiction will of participants enrolled in the adult day immediately report this to the VA health care program. Relevant cost § 52.61 General requirements for adult day health care program. Network Director (10N 1–22), Chief principles are set forth in the Office of Network Officer (10N), Chief Management and Budget (OMB) Adult day health care must be a Consultant, Geriatrics and Extended Circular number A–87, dated May 4, therapeutically oriented outpatient day Care Strategic Healthcare Group (114) 1995, ‘‘Cost Principles for State, Local, program, which provides health and State official authorized to oversee and Indian Tribal Governments’’ (OMB maintenance and rehabilitative services operations of the State home. Circulars are available at the addresses to participants. The program must (Authority: 38 U.S.C. 101, 501, 1741–1743) in 5 CFR 1310.3). provide individualized care delivered by an interdisciplinary health care team (Authority: 38 U.S.C. 101, 501, 1741–1743) Subpart CÐPer Diem Payments and support staff, with an emphasis on § 52.50 Eligible veterans. helping participants and their caregivers § 52.40 Monthly payment. A veteran is an eligible veteran under to develop the knowledge and skills (a)(1) During fiscal year 2000, VA will this part if VA determines that the necessary to manage care requirements pay monthly one-half of the total cost of veteran needs adult day health care and in the home. Adult day health care is each eligible veteran’s adult day health the veteran is within one of the principally targeted for complex care for each day the veteran is in a following categories: medical and/or functional needs of facility recognized as a State home for (a) Veterans with service-connected geriatric patients. adult day health care, not to exceed disabilities; (Authority: 38 U.S.C. 101, 501, 1741–1743) $30.25 per diem. (b) Veterans who are former prisoners (2) Per diem will be paid only for a of war; § 52.70 Participant rights. day that the veteran is under the care of (c) Veterans who were discharged or The participant has a right to a the facility at least six hours. released from active military service for dignified existence, self-determination,
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(h) Access and visitation rights. (1) (g) Communicate to the program participant no longer needs the services The program management must provide director about medications and provided in the adult day health care immediate access to any participant by remedies used by the participant; setting; the following: (h) Let the program director know if (iii) The safety of individuals in the (i) Any representative of the Under the participant decides not to follow any program is endangered; Secretary for Health; instructions or treatment; and (iv) The health of individuals in the (ii) Any representative of the State; (i) Communicate with the adult day program would otherwise be (iii) The State long term care health care staff if the participant is endangered; ombudsman; unable to attend the adult day health (v) The participant has failed, after (iv) Immediate family or other care program. reasonable and appropriate notice, to relatives of the participant subject to the 52.80 Enrollment, transfer and pay for participation in the adult day participant’s right to deny or withdraw discharge rights. health care program; or consent at any time; and Participants in the adult day health (vi) The adult day health care program (v) Others who are visiting subject to care program must meet the provisions ceases to operate. (3) Documentation. When the facility reasonable restrictions and the of this part that apply to participants transfers or discharges a participant participant’s right to deny or withdraw and— under any of the circumstances consent at any time. (1) Must meet at least two of the specified in paragraphs (b)(2)(i) through (2) The program management must following indicators: (vi) of this section, the primary provide reasonable access to any (i) Dependence in 2 or more activities physician must document the reason for participant by any entity or individual of daily living (ADLs). (ii) Dependence in 3 or more such action in the participant’s clinical that provides health, social, legal, or record. other services to the participant, subject instrumental activities of daily living (IADLs). (4) Notice before transfer. Before a to the participant’s right to deny or facility transfers or discharges a withdraw consent at any time. (iii) Advanced age, i.e., 75 years old or over. participant, the program management (3) The program management must must— allow representatives of the State (iv) High use of medical services defined as 3 or more hospitalizations in (i) Notify the participant and a family Ombudsman Program to examine a member or legal representative of the participant’s clinical records with the past year; utilization of outpatient clinics; or Emergency Evaluation Units, participant of the transfer or discharge permission of the participant or the and the reasons for the move in writing participant’s legal representative, 12 or more times in past year. (v) Diagnosis of clinical depression. and in a language and manner they can subject to State law. (vi) Recent discharge from nursing understand; (i) Telephone. The participant has the home or hospital. (ii) Record the reasons in the right to reasonable access to use a (vii) Significant cognitive impairment, participant’s clinical record; and telephone where calls can be made particularly when characterized by (iii) Include in the notice the items without being overheard. multiple behavior problems; described in paragraph (a)(6) of this (j) Personal property. The participant (2) Must have a supportive living section. (5) Timing of the notice. (i) The notice has the right to have at least one change arrangement sufficient to meet their of transfer or discharge required under of personal clothing. health care needs when not paragraph (b)(4) of this section must be (k) Self-administration of drugs. An participating in the adult day health made by program management at least individual participant may self- care program; and administer drugs if the interdisciplinary (3) Must be able to benefit from the 30 days before the participant is team has determined that this practice adult day health care program. transferred or discharged, except when is safe for the individual and is a part (b) Transfer and discharge. (1) specified in paragraph (b)(5)(ii) of this of the care plan. Definition. Transfer and discharge section. (ii) Notice may be made as soon as (Authority: 38 U.S.C. 101, 501, 1741–1743) includes movement of a participant to a practicable before transfer or discharge program outside of the adult day health § 52.71 Participant and family caregivers when— care program whether or not that (A) The safety of individuals in the responsibilities. program or facility is in the same The program management has a program would be endangered; physical plant. (B) The health of individuals in the written statement of participant and (2) Transfer and discharge program would be otherwise family caregiver responsibilities that are requirements. All participants’ endangered; posted in the facility and provided to preparedness for discharge from adult (C) The participant’s health improves the participant and caregiver at the time day health care must be a part of a sufficiently so the participant no longer of the intake screening. The statement of comprehensive care plan. The possible needs the services provided by the adult responsibilities must include the reasons for discharge must be discussed day health care program; following: with the participant and family (D) The resident’s needs cannot be (a) Treat personnel with respect and members at the time of intake screening. met in the adult day health care courtesy; Program management must permit each program. (b) Communicate with staff to develop participant to remain in the program, (6) Contents of the notice. The written a relationship of trust; and not transfer or discharge the notice specified in paragraph (b)(4) of (c) Make appropriate choices and seek participant from the program unless— this section must include the following: appropriate care; (i) The transfer or discharge is (i) The reason for transfer or (d) Ask questions and confirm necessary for the participant’s welfare discharge; understanding of instructions; and the participant’s needs cannot be (ii) The effective date of transfer or (e) Share opinions, concerns, and met in the adult day health care setting; discharge; complaints with the program director; (ii) The transfer or discharge is (iii) The location to which the (f) Communicate any changes in the appropriate because the participant’s participant is transferred or discharged, participant’s condition; health has improved sufficiently so the if any;
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(iv) A statement that the participant (4) When alternatives to the use of (3) The program management must has the right to appeal the action to the restraint are ineffective, restraint is have evidence that all alleged violations State official responsible for the safely and appropriately used. are thoroughly investigated, and must oversight of State Veterans Home (b) Abuse. (1) The participant has the prevent potential abuse while the programs; and right to be free from mental, physical, investigation is in progress. (v) The name, address and telephone sexual, and verbal abuse or neglect, (4) The results of all investigations number of the State long-term care corporal punishment, and involuntary must be reported to the State oversight ombudsman. seclusion. agency director or the designated (7) Orientation for transfer or (i) Mental abuse includes humiliation, representative and to other officials in discharge. The program management harassment, and threats of punishment accordance with State law within 5 must provide sufficient preparation and or deprivation. working days of the incident, and orientation to participants to ensure safe (ii) Physical abuse includes hitting, appropriate corrective action must be and orderly transfer or discharge from slapping, pinching, kicking or taken if the alleged violation is verified. the program. controlling behavior through corporal (Authority: 38 U.S.C. 101, 501, 1741–1743) (c) Equal access to quality care. The punishment. program management must establish (iii) Sexual abuse includes sexual § 52.100 Quality of life. and maintain identical policies and harassment, sexual coercion, and sexual practices regarding transfer, discharge, Program management must provide assault. and the provision of services for all an environment and provide or (iv) Neglect is any impaired quality of individuals regardless of source of coordinate care that supports the quality life for an individual because of the payment. of life of each participant by maximizing (d) Enrollment policy. The program absence of minimal services or the individual’s potential strengths and management must not require a third resources to meet basic needs. Neglect skills. party guarantee of payment to the may include withholding or (a) Dignity. The program management program as a condition of enrollment or inadequately providing food and must promote care for participants in a expedited enrollment, or continued hydration, clothing, medical care, and manner and in an environment that enrollment in the program. However, good hygiene. It also includes placing maintains or enhances each program management may require a the individual in unsafe or participant’s dignity and respect in full participant or an individual who has unsupervised conditions. recognition of his or her individuality. legal access to a participant’s income or (v) Involuntary seclusion is a (b) Self-determination and resources to pay for program care from participant’s separation from other participation. The participant has the the participant’s income or resources, participants against his or her will or right to— (1) Choose activities, schedules, and when available. the will of his or her legal (e) Hours of operation. Each adult day representative. health care consistent with his or her health care program must provide at (c) Staff treatment of participants. The interests, assessments, and plans of care; (2) Interact with members of the least 8 hours of operation five days a program management must develop and community both inside and outside the week. The hours of operation must be implement written policies and program; and flexible and responsive to caregiver procedures that prohibit mistreatment, neglect, and abuse of participants and (3) Make choices about aspects of his needs. or her life in the program that are (f) Caregiver support. The adult day misappropriation of participant property. significant to the participant. health care program must develop a (c) Participant and family concerns. (1) The program management must— Caregiver Program which offers mutual The program management must (i) Not employ individuals who— support, information and education. document any concerns submitted to (A) Have been found guilty of (Authority: U.S.C. 101, 501, 1741–1743) the management of the program by abusing, neglecting, or mistreating participants or family members. § 52.90 Participant behavior and program individuals by a court of law; or (1) A participant’s family has the right practices. (B) Have had a finding entered into an to meet with families of other (a) Restraints. (1) The participant has applicable State registry or with the participants in the program. a right to be free from any chemical or applicable licensing authority (2) Staff or visitors may attend physical restraints imposed for purposes concerning abuse, neglect, mistreatment participant or family meetings at the of discipline or convenience. When a of individuals or misappropriation of group’s invitation. restraint is applied or used, the purpose their property; and (3) The program management must of the restraint is reviewed and is (ii) Report any knowledge it has of respond to written requests that result justified as a therapeutic intervention actions by a court of law against an from group meetings. and documented in the participant’s employee, which would indicate (4) The program management must clinical record. unfitness for service as a program listen to the views of any participant or (i) Chemical restraint is the assistant or other program staff to the family group and act upon the concerns inappropriate use of a sedating State oversight agency director and of participants and families regarding psychotropic drug to manage or control licensing authorities. policy and operational decisions behavior. (2) The program management must affecting participant care in the (ii) Physical restraint is any method of ensure that all alleged violations program. physically restricting a person’s freedom involving mistreatment, neglect, or (d) Participation in other activities. A of movement, physical activity or abuse, including injuries of unknown participant has the right to participate in normal access to his or her body. source, and misappropriation of social, religious, and community (2) The program management uses a participant property are reported activities that do not interfere with the system to achieve a restraint-free immediately to the State oversight rights of other participants in the environment. agency director and to other officials in program. (3) The program management collects accordance with State law through (e) Therapeutic Participant Activities. data about the use of restraints. established procedures. (1) The program management must
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(4) Substitutes offered of similar (3) At the option of the primary with lost or damaged dentures to a nutritive value to participants who physician, required reviews in the dentist. refuse food served. program after the initial review may (Authority: 38 U.S.C. 101, 501, 1741–1743) (d) Therapeutic diets. (1) Therapeutic alternate between personal physician diets must be prescribed by the primary reviews and reviews by a physician § 52.180 Administration of drugs. care physician. assistant, nurse practitioner, or clinical The program management must assist (2) Special, modified, or therapeutic nurse specialist in accordance with with the management of medication and diets must be provided as necessary for paragraph (f) of this section. have a system for disseminating drug participants with medical conditions or (c) Availability of Acute Care. The information to participants and program functional impairments. program management must provide or staff. (3) An adult day health care program arrange for the provision of acute care (a) Procedures. (1) The program must not admit nor continue to serve a when it is indicated. management must provide reminders or (d) Availability of physicians for participant whose dietary requirements prompts to participants to initiate and emergency care. The program cannot be accommodated by the follow though with self-administration management must provide or arrange for program. of medications. (e) Frequency of meals. (1) Each the provision of physician services (2) The program management must participant may receive and program when the program has participants establish a system of records to management must provide at least two under its care, in case of an emergency. document the administration of drugs meals daily, at a regular time (e) Physician delegation of tasks. (1) A by participants and/or staff. comparable to normal mealtimes in the primary physician may delegate tasks (3) The program management must community. to: ensure that drugs and biologicals used (2) The program management must (i) A certified physician assistant or a by participants are labeled in offer snacks and fluids as appropriate to certified nurse practitioner; or accordance with currently accepted (ii) A clinical nurse specialist who— meet the participants’ nutritional and professional principles, and include the (A) Is acting within the scope of fluid needs. appropriate accessory and cautionary practice as defined by State law; and (f) Assistive devices. The program instructions, and the expiration date management must provide special (B) Is under the supervision of the physician. when applicable. eating equipment and utensils for (4) The program management must (2) The primary physician may not participants who need them. store all drugs, biologicals, and delegate a task when the provisions of (g) Sanitary conditions. The program controlled scheduled II drugs listed in this part specify that the primary must— 21 CFR 1308.12 in locked compartments physician must perform it personally, or (1) Procure food from sources under proper temperature controls, when the delegation is prohibited under approved or considered satisfactory by permit only authorized personnel to State law or by the facility’s own Federal, State, or local authorities; have access, and otherwise comply with policies. (2) Store, prepare, distribute, and all applicable State and Federal laws. serve food under sanitary conditions; (Authority: 38 U.S.C. 101, 501, 1741–1743) (b) Service consultation. The program and management must employ or contract (3) Dispose of garbage and refuse § 52.160 Specialized rehabilitative for the services of a pharmacist licensed properly. services. in the State in which the program is (Authority: 38 U.S.C. 101, 501, 1741–1743) (a) Provision of services. If specialized located who provides consultation, as rehabilitative services such as but not needed, on all the provision of drugs. limited to physical therapy, speech § 52.150 Physician services. (Authority: 38 U.S.C. 101, 501, 1741–1743) As a condition of enrollment in adult therapy, occupational therapy, and day health care program, a participant mental health services for mental illness § 52.190 Infection control. must obtain a written physician order are required in the participant’s comprehensive plan of care, program The program management must for enrollment. Each participant must establish and maintain an infection remain under the care of a physician. management must— (1) Provide the required services; or control program designed to prevent the (a) Physician supervision. The development and transmission of program management must ensure (2) Obtain the required services and equipment from an outside resource, in disease and infection. that— (a) Infection control program. The accordance with § 52.210(h), from a (1) The medical care of each program management must— provider of specialized rehabilitative participant is supervised by a primary (1) Investigate, control, and prevent services. care physician; infections in the program participants (b) Specialized rehabilitative services (2) Each participant’s medical record and staff; and must be provided under the written must contain the name of the (2) Maintain a record of incidents and order of a physician by qualified participant’s primary physician; and corrective actions related to infections. (3) Another physician is available to personnel. (b) Preventing spread of infection. (1) supervise the medical care of (Authority: 38 U.S.C. 101, 501, 1741–1743) The program management must prevent participants when their primary participants or staff, with a physician is unavailable. § 52.170 Dental services. communicable disease or infected skin (b) Frequency of physician reviews.— (a) Program management must, if lesions from attending the adult day (1) The participant must be seen by the necessary, assist the participant and health care program, if direct contact primary physician at least annually and family/caregiver— will transmit the disease. as indicated by a change of condition. (1) In making appointments; and (2) The program management must (2) The program management must (2) By arranging for transportation to require staff to wash their hands after have a policy to help ensure that and from the dental services. each direct participant contact for adequate medical services are provided (b) Program management must which hand washing is indicated by to participant. promptly assist and refer participants accepted professional practice.
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(Authority: 38 U.S.C. 101, 501, 1741–1743) and/or training participants in activities (4) Maintain an effective pest control of daily living. program so that the facility is free of § 52.200 Physical environment. (iv) An examination and/or pests and rodents. The physical environment must be medication room. (Authority: 38 U.S.C. 101, 501, 1741–1743) designed, constructed, equipped, and (v) A quiet room, which functions to isolate participants who become ill or maintained to protect the health and § 52.210 Administration. safety of participants, personnel and the disruptive, or who require rest, privacy, An adult day health care program public. or observation. It should be separate (a) Life safety from fire. The facility from activity areas, near a restroom, and must be administered in a manner that must meet the applicable provisions of supervised. enables it to use its resources effectively the National Fire Protection (vi) Bathing facilities adequate to and efficiently to attain or maintain the Association?s NFPA 101, Life Safety facilitate bathing of participants with highest practicable physical, mental, Code, 1997 edition. Incorporation by functional impairments. and psychosocial well being of each reference this document was approved (vii) Toilet facilities and bathrooms participant. (a) Governing body. (1) The State must by the Director of the Federal Register easily accessible to people with mobility have a governing body, or designated in accordance with 5 U.S.C. 552(a) and problems, including participants in person functioning as a governing body, 1 CFR part 51. The document wheelchairs. There must be at least one that is legally responsible for incorporated by reference is available toilet for every eight (8) participants. establishing and implementing policies for inspection at the Office of the The toilets must be equipped for use by regarding the management and Federal Register, Suite 700, 800 North persons with limited mobility, easily operation of the program; and Capitol Street, NW., Washington, DC, accessible from all programs areas, i.e. (2) The governing body or State and the Department of Veterans Affairs, preferably within 40 feet from that area, official with oversight for the program Office of Regulations Management designed to allow assistance from one or appoints the adult day health care (02D), Room 1154, 810 Vermont two staff, and barrier-free. (viii) Adequate storage space. There program administrator who is: Avenue, NW., Washington, DC 20420. should be space to store arts and crafts (i) a qualified heath care professional Copies may be obtained from the materials, personal clothing and experienced in clinical program National Fire Protection Association, belongings, wheelchairs, chairs, management and, if required by the Battery March Park, Quincy, MA 02269. individual handiwork, and general State, certified as a Certified (For ordering information, call toll-free supplies. Locked cabinets must be Administrator in Adult Day Health Care; 1–800–344–3555.) provided for files, records, supplies, and (b) Space and equipment. (1) Program and medications. (ii) Responsible for the operation and management must— (ix) An individual room for (i) Provide sufficient space and management of the program including: counseling and interviewing equipment in dining, health services, (A) Documentation of current participants and family members. credentials for each licensed recreation, and program areas to enable (x) A reception area. staff to provide participants with independent practitioner employed by (xi) An outside space that is used for the program; needed services as required by these outdoor activities that is safe, accessible standards and as identified in each (B) Review of the practitioner’s record to indoor areas, and accessible to those of experience; participant’s plan of care; and with a disability. This space may (ii) Maintain all essential mechanical, (C) Assessment of whether include recreational space and garden practitioners with clinical privileges act electrical, and patient care equipment in area. It should be easily supervised by safe operating condition. within the scope of privileges granted; staff. and (2) Each adult day health care (c) Furnishings must be available for program, when it is co-located in a (iii) Awareness of local trends in all participants. This must include community adult day health care and nursing home, domiciliary, or other care functional furniture appropriate to the facility, must have its own separate other services, and participation in area participants’ needs. Furnishings must be adult day health care organizations. designated space during operational attractive, comfortable, and homelike, hours. (b) Disclosure of State agency and while being sturdy and safe. individual responsible for oversight of (3) The indoor space for an adult day (d) Participant call system. The facility. The State must give written health care program must be at least 100 coordinator’s station must be equipped notice to the Chief Consultant, square feet per participant including to receive participant calls through a Geriatrics and Extended Care Strategic office space for staff and must be 60 communication system from— square feet per participant excluding (1) Clinic rooms; and Healthcare Group (114), VA office space for staff. (2) Toilet and bathing facilities. Headquarters, 810 Vermont Avenue, (4) Each program will need to design (e) Other environmental conditions. NW, Washington, DC 20420, at the time and partition its space to meet its own The program management must provide of the change, if any of the following needs, but a minimal number of a safe, functional, sanitary, and change: functional areas must be available. comfortable environment for the (1) The State agency and individual These include: participants, staff and the public. The responsible for oversight of a State home (i) A dividable multipurpose room or program management must— facility; area for group activities, including (1) Establish procedures to ensure that (2) The State adult day health care dining, with adequate table setting water is available to essential areas if program administrator; or space. there is a loss of normal water supply; (3) The State employee responsible for (ii) Rehabilitation rooms or an area for (2) Have adequate outside ventilation oversight of the State home adult day individual and group treatments for by means of windows, or mechanical health care program if a contractor occupational therapy, physical therapy, ventilation, or a combination of the two; operates the State program. and other treatment modalities. (3) Equip corridors, when available, (c) Required information. The (iii) A kitchen area for refrigerated with firmly-secured handrails on each program management must submit the food storage, the preparation of meals side; and following to the director of the VA
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Authority: The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Dated: June 19, 2000. Don W. Weathers, Acting Regional Director, Region 1, Portland, Oregon. [FR Doc. 00–16276 Filed 6–27–00; 8:45 am] BILLING CODE 4310±55±P
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Notices Federal Register Vol. 65, No. 125
Wednesday, June 28, 2000
This section of the FEDERAL REGISTER This notice is given in compliance located in room 1141 of the USDA contains documents other than rules or with the Federal Advisory Committee South Building, 14th Street and proposed rules that are applicable to the Act (5 U.S.C. App.). Independence Avenue, SW., public. Notices of hearings and investigations, Dated: June 22, 2000. Washington, DC. Normal reading room committee meetings, agency decisions and hours are 8 a.m. to 4:30 p.m. Monday rulings, delegations of authority, filing of Paul W. Fiddick, through Friday, except holidays. To be petitions and applications and agency Assistant Secretary for Administration. sure someone is there to help you, statements of organization and functions are [FR Doc. 00–16372 Filed 6–27–00; 8:45 am] examples of documents appearing in this please call (202) 690–2817 before BILLING CODE 3410±02±P section. coming. APHIS documents published in the Federal Register, and related DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE information, including the names of Animal and Plant Health Inspection organizations and individuals who have Agricultural Marketing Service Service commented on APHIS dockets, are available on the Internet at http:// [TB±00±12] [Docket No. 99±073±2] www.aphis.usda.gov/ppd/rad/ webrepor.html. Papaya Mealybug; Availability of a Burley Tobacco Advisory CommitteeÐ FOR FURTHER INFORMATION CONTACT: Dr. Notice of Committee Renewal Supplement to an Environmental Assessment Dale E. Meyerdirk, Supervisory Agriculturist, Pink Hibiscus Mealybug AGENCY: Agricultural Marketing Service, AGENCY: Animal and Plant Health USDA. Program, PPQ, APHIS, 4700 River Road Inspection Service, USDA. Unit 135, Riverdale, MD 20737–1236; ACTION: Notice of committee renewal. ACTION: Notice and request for (301) 734–5667. For copies of the comments. supplement and the October 1999 SUMMARY: Notice is hereby given that environmental assessment, write to Dr. the Secretary of Agriculture has SUMMARY: We are advising the public Meyerdirk at the same address. Please renewed the Burley Tobacco Advisory that we have prepared a supplement to refer to the title of the environmental Committee for an additional period of 2 an October 1999 environmental assessment when ordering copies. years. assessment that was prepared by the SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: John Animal and Plant Health Inspection papaya mealybug, Paracoccus P. Duncan III, Deputy Administrator, Service relative to the suppression of marginatus Williams (Homoptera: Tobacco Programs, AMS, USDA, 300 the papaya mealybug, Paracoccus Pseudococcidae), can cause serious 12th Street, S.W., Stop 0280, Room 502 marginatus Williams (Homoptera: damage to numerous agricultural Annex Building, P.O. Box 96456, Pseudococcidae). The supplement products, including papayas, hibiscus, Washington, D.C. 20090–6456, (202) examines the environmental release of citrus, cotton, and avocados, which can 205–0567. nonindigenous wasps of the genus result in significant economic losses. SUPPLEMENTARY INFORMATION: The Pseudaphycus for use as biological Papaya mealybug exists in Puerto Rico Committee, which reports to the control agents to suppress the papaya and the U.S. Virgin Islands, has recently Secretary through the Under Secretary mealybug. The supplement has been been found in a few locations in Florida, for Marketing and Regulatory Programs, prepared to provide the public with and has been intercepted in Texas and recommends opening dates and selling documentation of APHIS’ review and California. From Florida, papaya schedules for the burley marketing area analysis of the environmental impact mealybug could spread rapidly through which aid the Secretary in making an and plant pest risk associated with the Gulf States and eventually on to equitable apportionment and releasing these biological control agents Texas and California. The limits of its assignment of tobacco inspectors. The into the environment. spread northward cannot be accurately Committee consists of 39 members; 21 DATES: We invite you to comment on predicted, but certain greenhouse crops producer representatives, 10 warehouse this docket. We will consider all would be at risk, even in cold regions. representatives, and 8 buyer comments that we receive by July 28, On October 19, 1999, we published in representatives, representing all 2000. the Federal Register (64 FR 56305– segments of the burley tobacco industry ADDRESSES: Please send your comment 56306, Docket No. 99–073–1) a notice and meets at the call of the Secretary. and three copies to: Docket No. 99–073– announcing the availability of an The Secretary has determined that 2, Regulatory Analysis and environmental assessment titled renewal of this Committee is in the Development, PPD, APHIS, Suite 3C03, ‘‘Control of Papaya Mealybug, public interest. 4700 River Road, Unit 118, Riverdale, Paracoccus marginatus (Homoptera: To ensure that recommendations of MD 20737–1238. Pseudococcidae)’’ (October 1999). In the Committee take into account the Please state that your comment refers that environmental assessment, we needs of diverse groups served by the to Docket No. 99–073–2. discussed our review and analysis of the Department, membership should You may read any comment that we environmental impact and plant pest include, to the extent practicable, receive on this docket and review copies risk associated with the release into the persons with demonstrated ability to of the original environmental environment of three genera of represent minorities, women, and assessment and the supplement in our nonindigenous wasps (Anagyrus, persons with disabilities. reading room. The reading room is Apoanagyrus, and Acerophagus) as part
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Finally, State and local WIC officials include time for listening to DEPARTMENT OF AGRICULTURE in each of the participating States will instructions, gathering data needed, and be interviewed about the expenses of responding to questionnaire or Forest Service implementing cost containment, the interview/discussion items. extent to which savings have been used Northwest Sacramento Provincial Respondents: Participants in the local to increase participation, and other Advisory Committee (PAC) WIC agency staff, and WIC-authorized impacts on program operations. food store cashiers in six selected States. AGENCY: Forest Service, USDA. Interviews with the six State WIC ACTION: Notice of meeting. directors will be conducted in person. Estimated Number of Respondents: The director of each selected local 2,052 in total: 1,200 active WIC SUMMARY: The Northwest Sacramento agency and other staff with key participants, 600 WIC participants who Provincial Advisory Committee (PAC) responsibilities related to cost failed to pick up their vouchers, 72 WIC will meet on Friday, July 14, 2000, at containment will also be interviewed; participants for focus groups, 18 local the French Gulch Hotel, French Gulch, these interviews will be conducted by WIC agency staff, and 162 food store California. The meeting will start at 9 telephone. The information collected cashiers. a.m. and adjourn at 3 p.m. topics for the from State and local WIC staff is meeting are: (1) An update on the Estimated Total Annual Burden on essential for evaluating the effects of Northwest Forest Plan Implementation; cost-containment practices on program Respondents: Total of 816.5 hours. (2) update on the Clear Creek/Resource participation and costs. Survey of WIC Participants: 600 hours, Conservation District proposal; (3) The above-mentioned information Screener Survey for Focus Groups: 50 discussion on the French Gulch collection is needed to complete the hours, Focus Groups: 108 hours, Local community fuels area; and (4) public Assessment of WIC Cost-Containment Agency Interview: 18 hours, and Survey comment periods. All PAC meetings are Practices mandated by Congress and to of Food Prices and Item Availability: open to the public. Interested citizens equip FNS and State WIC administrators 40.5 hours. Copies of the information to are encouraged to attend. with a comprehensive understanding of be collected can be obtained from Phil FOR FURTHER INFORMATION CONTACT: the potential impacts of cost R. Kaufman, Food Markets Branch, Food Connie Hendryx, USDA, Klamath containment as they make decisions in and Rural Economics Division, National Forest, 11263 N. Highway 3, the future regarding the implementation Economic Research Service, U.S. Fort Jones, California 96032; telephone of these practices. No existing data Department of Agriculture, 1800 M. St., 530–468–1281; TDD (530) 468–2783; source can provide all of the NW, Room N2118, Washington, D.C. email: [email protected]. information needed to complete the 20036–5801, 202–694–5376. evaluation. Existing WIC information Dated: June 22, 2000. system databases from the six States Comments Constance J. Hendryx, will be used to construct the survey PAC Support Staff. sample frames and to obtain Comments are invited on: (a) Whether [FR Doc. 00–16278 Filed 6–27–00; 8:45 am] demographic data on participants and the proposed collection of information BILLING CODE 3410±11±M WIC vendors affected by cost is necessary for the proper performance containment. Computer-assisted of the functions of the Department, telephone interviewing will be used to including whether the information will DEPARTMENT OF AGRICULTURE minimize respondent burden and have practical utility; (b) the accuracy of interviewer error in the Survey of WIC the Agency’s estimate of the burden of Forest Service Participants. Focus group samples will the proposed collection of information, DEPARTMENT OF THE INTERIOR be drawn from a limited geographic area including the validity of the to minimize travel time and expense for methodology and assumptions used; (c) Fish and Wildlife Service focus group participants. The survey ways to enhance the quality, utility, and questionnaire and screener and local clarity of the information to be Subsistence Management Regulations agency interviews will be kept as simple collected; (d) ways to minimize the for Federal Public Lands in Alaska; and respondent-friendly as possible. burden of the collection of information Delegations of Authority Responses are voluntary and on those who are to respond, such as AGENCIES: confidential. Survey and interview data through the use of appropriate Forest Service, USDA; Fish will be combined with other data for and Wildlife Service, Interior. automated, electronic, mechanical, or statistical purposes and reported only in other technological collection ACTION: Notice of interim delegations of aggregate or statistical form. authority. Estimate of Burden: Public reporting techniques or other forms of information burden for this data collection is technology. Comments should be sent to SUMMARY: Pursuant to the regulatory estimated to vary by the type of the address stated in the preamble. All authority found at 36 CFR 242.10(d)(6) respondent. Responses to the Survey of responses to this notice will be and 50 CFR 100.10(d)(6), the Federal WIC participants are estimated to considered and included in the request Subsistence Board (Board) announces average 30 minutes. Responses from for OMB approval. All comments will interim delegations of authority for the WIC participants who did not pick up also become a matter of public record. 2000 fishing season under the Federal their WIC vouchers are estimated at 5 Dated: June 22, 2000. Subsistence Management Program (64 minutes, on average, for a screening FR 1276). The purpose of these interview and an average of 90 minutes Betsey Kuhn, delegations is to be responsive to for the focus group session. The Survey Director, Food and Rural Economics Division. changing local conditions which require of Food Prices will involve an estimated [FR Doc. 00–16255 Filed 6–27–00; 8:45 am] immediate opening or closing of 15 minutes of time from the store BILLING CODE 3410±18±P fisheries to provide subsistence cashier for scanning. Responses by local opportunities for rural subsistence users agency WIC staff are estimated to total or to assure conservation of the 60 minutes, on average. The estimates subsistence resources.
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DATES: These delegations are effective species, such as salmon, are relatively with consideration to providing for non- June 28, 2000. unpredictable making it difficult to subsistence fisheries when harvestable ADDRESSES: Any comments concerning forecast numbers of fish available for surpluses are sufficient. Delegation of this notice may be sent to the Chair, harvest while meeting conservation authority to field managers could Federal Subsistence Board, c/o Thomas objectives, harvest openings or closings significantly reduce the time-consuming H. Boyd, 3601 C Street, Suite 1030, are often made at or near the time and involvement of the Board otherwise Anchorage, Alaska, 99503. place where the fish are taken. These are required for in-season management FOR FURTHER INFORMATION CONTACT: local decisions, best made by the local decisions. The Board can establish and Chair, Federal Subsistence Board, c/o State managers. In-season management amend limitations on delegations, U.S. Fish and Wildlife Service, by delegated authority is used to avoid management objectives, and procedural Attention: Thomas H. Boyd, Office of violating conservation mandates where guidelines to ensure that Board intent is Subsistence Management; (907) 786– delayed closures would lead to over- implemented by field managers. 3888. For questions specific to National fishing, optimize fishing opportunities where fish runs are unpredictable, and Guidelines Forest System lands, contact Ken to encourage local involvement in Thompson, Regional Subsistence Pursuant to the regulatory authority management decisions. found at 36 CFR 242.10(d)(6) and 50 Program Manager, USDA, Forest Local Federal managers will face Service, Alaska Region, (907) 786–3592. CFR 100.10(d)(6), the Federal situations where the subsistence Subsistence Board establishes the SUPPLEMENTARY INFORMATION: fisheries in Federal waters will need to following guidelines for Federal officials Background be opened or closed quickly in order to delegated to act for the Board. Affected meet local subsistence needs or to field managers must remain involved in The Federal Subsistence Board achieve a conservation objective. Local assumed subsistence management the decision making process with the Federal managers may also need to act delegated Federal official responsible responsibility for public lands in Alaska quickly to close Federal waters to non- in 1990, after the Alaska Supreme Court for making a final decision. subsistence fishing, in order to protect a. All delegated Federal officials will ruled in McDowell v. State of Alaska, a subsistence opportunity. Local Federal 785 P.2d 1 (Alaska. 1989), reh’g denied become familiar with the management managers will need to have regulatory history of the fisheries in their area, (Alaska 1990), that the rural preference authority similar to that available to contained in the State’s subsistence with the current State and Federal State managers during the 2000 season regulations and management plans, and statute violated the Alaska Constitution. to ensure that conservation and This ruling put the State’s subsistence be up-to-date on in-season stock and subsistence use mandates on Federal harvest status information. program out of compliance with Title lands are met. The need for local b. All delegated Federal officials will VIII of the Alaska National Interest delegated authority will occur when review Special Action requests or Lands Conservation Act (ANILCA) and Federal managers identify the need to situations that may require a Special resulted in the Secretaries assuming take immediate action affecting fisheries Action and supporting information and subsistence management on the public in Federal waters. lands in Alaska. The ‘‘Temporary Delegation of authority to a field determine (1) if the request/situation Subsistence Management Regulations manager avoids violations of falls within the scope of delegated for Public Lands in Alaska, Final conservation mandates through timely authority, (2) if significant conservation Temporary Rule’’ was published in the response to resource shortages. problems or subsistence harvest Federal Register (55 FR 27114–27170) Conservation and subsistence use concerns are indicated, and (3) what the on June 29, 1990. The ‘‘Subsistence objectives may not be met if decisions consequences of taking an action may be Management Regulations for Public on fishing restrictions exceed 24 hours on potentially-affected subsistence users Lands in Alaska; Final Rule’’ was to process. Field officials with delegated and non-subsistence users. Requests not published in the Federal Register (57 authority provide focused points of within the delegated authority of the FR 22940–22964) on May 29, 1992. The contact for local subsistence users and delegated Federal official must be Secretaries published an amended Final facilitate local liaison with State forwarded to the Federal Subsistence Rule (64 FR 1276) on January 8, 1999, managers and other user groups. Board for consideration. that redefined the area of Federal Decisions are viewed as local and in the c. All delegated Federal officials will jurisdiction to include waters subject to best interests of the resource and local notify the Federal Subsistence Board a subsistence priority. The regulatory subsistence users. Timely in-season and notify/consult with local ADF&G amendments in that document management decisions optimize the managers, Regional Advisory Council conformed the Federal subsistence opportunity to harvest fish when and representatives, and other affected management regulations to the court where they are available, without Federal conservation unit managers decree issued in State of Alaska v. jeopardizing spawning escapement concerning admissible Special Actions Babbitt, 72 F.3d 698 (9th Cir. 1995) cert goals for specific stocks. Delayed in- being considered. denied 517 U.S. 1187 (1996). season decisions by the Board, if d. Delegated Federal officials will authority is not delegated, may often issue timely decisions to effectuate the In-Season Management miss opportunities to provide for a local outcomes sought. Users will be notified Most salmon fisheries in Alaska are subsistence priority, because a targeted before the effective date/time of subject to in-season management by fish run will have passed or stock decisions. If an action is to supersede a State emergency order by local State segregation will have created a State action not yet in effect, the managers who have been given conservation risk. Emphasis on local decision will be communicated to delegated authority by the liaison creates an environment that affected users at least 6 hours before the Commissioner of the Alaska Department encourages consultation with local State State action would be effective. If a of Fish and Game to enact regulatory managers and subsistence users to help decision is to take no action, the changes within a prescribed scope and identify restrictions necessary to requestor will be notified immediately. for prescribed purposes. Because the conserve the resource and to provide for Regional Advisory Councils will be kept annual run strengths of migratory fish the subsistence priority, and does so informed and consulted as appropriate.
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Delegation of Authority communities, and evaluated in relation such as those relating to harvest limits, to historical information. permit requirements, gear restrictions, 1. Only the Federal officials identified 2. Delegated authority to issue Special or customary and traditional use below are delegated authority to issue Actions is limited to opening or closing determinations, must be directed to the Special Actions to address fish stock Federal subsistence fishing periods or Federal Subsistence Board. conservation concerns or unmet areas provided for under regulations subsistence harvest needs. Such action found at 36 CFR 242.26–242.27 and 50 3. The following Federal officials are must be substantiated by clear evidence CFR 100.26–100.27, or closing non- delegated to act for the Federal in resource monitoring information and/ subsistence fishing in Federal waters. Subsistence Board as delineated in or corroboration from affected users/ All requests to modify Federal paragraphs 1 and 2 above, for the fishery subsistence management regulations, regulatory year 2000:
Geographic region Delegated Federal official
Arctic/Kotzebue/Norton Sound, excluding Arctic National Wildlife Ref- Western Arctic Parklands Superintendent. uge. Yukon River Drainage and the Arctic National Wildlife Refuge ...... Fairbanks Fisheries Resource Office Project Leader. Kuskokwim, Goodnews and Kanektok River Drainages ...... Yukon Delta National Wildlife Refuge Manager. Bristol Bay/Alaska Peninsula/Aleutian Islands/Chignik ...... King Salmon Fisheries Resource Office Project Leader. Kodiak Region ...... Kodiak National Wildlife Refuge Manager. Copper River ...... Wrangell/St. Elias National Park and Preserve Superintendent. Remainder Prince William Sound Area and Cook Inlet ...... Cordova District Ranger. Southeast Alaska/Yakutat: Yakutat Area ...... Yakutat District Ranger. Baranof and Chichagof Islands ...... Sitka District Ranger. Admiralty Island and northern southeast Alaska inside waters ...... Juneau District Ranger. Prince of Wales and associated islands ...... Craig District Ranger. Kuiu, Kupreanof, and Zarembo Islands and Stikine River ...... Petersburg District Ranger. Southern southeast Alaska inside waters ...... Ketchikan District Ranger.
Drafting Information: William Knauer DEPARTMENT OF AGRICULTURE 720–0557; fax: (202) 690–0639, e-mail drafted this policy document under the [email protected]. guidance of Thomas H. Boyd, of the Natural Resources Conservation Office of Subsistence Management, Service SUPPLEMENTARY INFORMATION: The first Alaska Regional Office, U.S. Fish and Public Notice was released on April 14, Extension of Comment Period for the 2000. United States Department of Wildlife Service, Anchorage, Alaska. Natural Resources Conservation Agriculture (USDA) is asking for Curt Wilson, Alaska State Office, Bureau Service Conservation Programs comments from individuals, private of Land Management; Bob Gerhard, ManualÐPart 513: Resource consultants, Tribal, State, and local Alaska Regional Office, National Park Conservation and Development governments or subgroups thereof, Service; Greg Bos, Alaska Regional (RC&D) Program universities, colleges, environmental Office, U.S. Fish and Wildlife Service; groups, community development Ida Hildebrand, Alaska Regional Office, AGENCY: Natural Resources groups, and other organizations. These Bureau of Indian Affairs; and Ken Conservation Service (NRCS), U. S. comments will assist USDA in the Thompson, USDA-Forest Service Department of Agriculture. policy development and provided additional guidance. ACTION: Notice and request for implementation of the Resource Dated: June 15, 2000. comments. Conservation and Development (RC&D) Kenneth E. Thompson, program. This manual is intended for SUMMARY: This Public Notice announces use by the Natural Resources Acting Regional Forester, USDA—Forest an extension of the comment period Conservation Service (NRCS) and other Service. deadline for comments on the draft the USDA staff, conservation partners, State Dated: June 16, 2000. Natural Resources Conservation Service and local field staffs, RC&D Council Thomas H. Boyd, Conservation Programs Manual—Part members, and others that will be Acting Chair, Federal Subsistence Board. 513: Resource Conservation and developing RC&D applications or [FR Doc. 00–16038 Filed 6–27–00; 8:45 am] Development (RC&D) Program. participating in the RC&D program. The BILLING CODE 3410±11±P; 4310±55±P DATES: Comments will be received until Conservation Programs Manual: Part July 28, 2000. All comments post- 513—RC&D Program is a document marked by July 28, 2000, will be intended for use by NRCS and other accepted. USDA staff, conservation partners, State and local field staffs, RC&D Council ADDRESSES: Address all requests and members, and others that either will be comments to: Terry D’Addio, National developing RC&D applications or RC&D Program Manager, Natural participating in the RC&D program. The Resource Conservation Service, 14th & purpose of this document is to provide Independence Ave, SW, Room 6013 policy guidance for the RC&D program, South Building, Washington, DC, 20250. not to establish regulatory requirements. FOR FURTHER INFORMATION CONTACT: The RC&D Program was authorized to Terry D’Addio, Natural Resources encourage and improve the capability of Conservation Service; telephone: (202) State and local units of government and
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BILLING CODE 3410±XV±C (fractional basis points will be rounded day prior to the business day the rate is VI. Selection Criteria to the nearest whole basis point): set.
NOFA proposals will be reviewed as Interest rate Points B. Surcharges for Guarantee of received. Priorities will be assigned to Construction Advances eligible proposals on the basis of the More than 200 basis points ...... 0 There is no surcharge for guarantee of following criteria as contained in 7 CFR 200 to 151 basis points, inclusive .. 5 construction advances for FY 2000. 3565.5(b), and points will be assigned as 150 to 100 basis points, inclusive .. 10 99 to 50 basis points, inclusive ...... 15 C. Program Fees for FY 2000 follows: Less than 50 basis points ...... 20 (A) Projects located in rural (1) There is an initial guarantee fee of communities with the smallest 1% of the total guarantee amount which (E) Preference will be given to will be due when the loan guarantee is population will receive priority. All proposals having a higher percentage of proposals will be ranked in order of issued. For purposes of calculating this 3–5 bedroom units to total units. The fee, the guarantee amount is the product their population. The proposals will be proposals will be ranked in order of this given a point score starting with the of the percentage of the guarantee times percentage with the proposal with the the initial principal amount of the project located in the area with the highest percent receiving 20 points, the lowest population receiving 20 points, guaranteed loan. next 19 points and so forth until up to (2) There is an annual renewal fee of the next 19 points and so forth, until up 20 projects have received points. to 20 projects have received points. 0.5% of the guaranteed outstanding (F) Proposals to be developed in a principal balance charged each year or (B) The most needy communities as colonia, on tribal land, in an portion of the year that the guarantee is determined by the median income from Empowerment Zone or Enterprise in effect. This fee will be collected the most recently available census data. Community, or in a place identified in prospectively on January 1, of the The proposals will be given a point the State consolidated plan or State calendar year. score starting with the community needs assessment as a high need (3) There is no fee for site assessment having the lowest median income community for multifamily housing (20 and market analysis or preliminary receiving 20 points, the next 19 points points). feasibility in FY 2000. and so forth until up to 20 proposals (G) Projects will be ranked by the (4) There is a non-refundable have received points. length of the amortization period, with application fee of $2,500 when the (C) Partnering and leveraging in order the longest receiving priority as follows: application is submitted following to develop the maximum number of proposal selection under the NOFA. housing units and promote partnerships Amortization (yrs.) Points (5) There is a flat fee of $500 when a with state and local communities, lender requests RHS to extend the term including other partners with similar 40 ...... 20 of a guarantee commitment. housing goals. Leveraging points will be At least 35 ...... 15 (6) There is a flat fee of $500 when a awarded as follows: At least 30 ...... 10 lender requests RHS to reopen a At least 20 ...... 5 guarantee commitment after the period Less than 20 ...... 0 Loan to value ratio (percentage %) Points of the commitment lapses. (7) There is a flat fee of $1,250 when More than 75 ...... 10 VII. Additional Information a lender requests RHS to approve the 70±75 ...... 15 A. Maximum Interest Rate transfer of property and assumption of Less than 70 ...... 20 the loan to an eligible applicant. The maximum allowable interest rate (D) Loans with interest rates less than on a loan submitted for a guarantee is D. Eligible Lenders for Section 538 the maximum allowable 250 basis 250 basis points over the 30-year Approval points over the 30 Year Treasury Rate Treasury Bond Yield as published in the The application for lender approval will be awarded points as follows Wall Street Journal as of the business must be made at the same time as the
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DEPARTMENT OF COMMERCE OMB Desk Officer: Susan Schechter, institutions. The information collected (202) 395–5103. from financial institutions regarding the Submission for OMB Review; Copies of the above information trade finance products and services they Comment Request collection proposal can be obtained by offer will be compiled into a database. calling or writing Linda Engelmeier, DOC has submitted to the Office of An exporter will be able to DOC Forms Clearance Officer, (202) Management and Budget (OMB) for electronically submit a form identifying 482–3272, Department of Commerce, clearance the following proposal for the potential export transaction and room 5033, 14th and Constitution collection of information under the type of financing requested. This Avenue, NW, Washington, D.C. 20230 provisions of the Paperwork Reduction information will be electronically (or via the Internet at Act (44 U.S.C. 3506(c)(2)(A)). matched with the financial institution(s) Agency: U.S. Department of [email protected]). that meet the requirements of the Commerce. Written comments and exporter. After a match has been made, Title: Applicant Background Survey. recommendations for the proposed a message will be electronically sent to Form Number: Pending OMB information collection should be sent both the exporter and the financial approval. within 30 of publication of this notice institution containing the information Agency Approval Number: 0690-xxxx. to Susan Schechter, OMB Desk Officer, about the match, and contact Type of Request: New collection. room 10201, New Executive Office information for either party to initiate Burden: 2,812.5 hours. Building, Washington, D.C. 20503. communication. This program is Number of Respondents: 45,000 Dated: June 22, 2000. designed to implement the Department annually. Madeleine Clayton, of Commerce’s goal of improving access Avg Hours Per Response: 5 minutes. to trade financing for small business Needs and Uses: The Department of Management Analyst, Office of the Chief Information Officer. exporters. Commerce is below parity with the Affected Public: Businesses or other [FR Doc. 00–16288 Filed 6–27–00; 8:45 am] relevant civilian labor force for-profit. representation for many of our primary BILLING CODE 3510±BS±P Frequency: On Occasion. occupations. The only method to Respondent’s Obligation: Required to determine if there are barriers in the DEPARTMENT OF COMMERCE obtain or retain a benefit; voluntary. recruitment and selection process for OMB Desk Officer: David Rostker, these occupations is to track groups that Submission for OMB Review; (202) 395–7340. apply and how they fare through the Comment Request Copies of the above information selection process. Without this collection proposal can be obtained by information, DOC does not have the DOC has submitted to the Office of calling or writing Linda Engelmeier, ability to evaluate the effectiveness of its Management and Budget (OMB) for Departmental Forms Clearance Officer, recruitment efforts, or to determine clearance the following proposal for (202) 482–3272, Department of barriers in its selection process. There is collection of information under the Commerce, Room 6086, 14th and no other objective way to make these provisions of the Paperwork Reduction Constitution, NW., Washington, DC determinations, and no source of this Act of 1995, Public Law 104–13. 20230. Email [email protected]. information other than from applicants. Bureau: International Trade Written comments and The race and national origin (RNO) Administration. recommendations for the proposed information of job applicants was Title: Internet Export Finance information collection should be sent to previously collected by all Federal Matchmaker. David Rostker, OMB Desk Officer, Room agencies using OPM Form 1386. The OMB Number: 0625–0232. 10202, New Executive Office Building, form expired several years ago and DOC Type of Request: Regular Submission. Washington, DC 20503 within 30 days is seeking to establish a replacement Burden: 350 hours. of the publication of this notice in the form. Completion of the form is Number of Respondents: 2000. Federal Register. Avg. Hours Per Response: Exporters voluntary. It will not be a required part Dated: June 22, 2000. of the application package. A number of 10 minutes. Madeleine Clayton, Federal agencies have already recreated Export Service Firms: 30 minutes. this form for the same purpose Needs and Uses: The Office of Management Analyst, Office of Management and Organization. collecting race, national origin, gender Finance assists U.S. firms in identifying and disability information of job trade finance opportunities and [FR Doc. 00–16290 Filed 6–27–00; 8:45 am] applicants. promotes the competitiveness of U.S. BILLING CODE 3510±DR±P The information is not provided to financial services in international trade. selecting officials and plays no part in The Office of Finance interacts with the selection of individuals. Instead, it private financial institutions in DEPARTMENT OF COMMERCE insurance, banking, leasing, factoring, is used in summary form to determine Bureau of Economic Analysis trends over many selections within a barter, and counter trade; U.S. financing agencies, such as the Export-Import given occupation or organizational area. Annual Survey of Selected Services Bank and the Overseas Private The information is treated in a very Transactions with Unaffiliated Foreign Investment Corporation; and confidential manner. Persons Affected Public: Individual or multilateral development banks, such as households. the World Bank, Asian Development ACTION: Proposed collection; comment Frequency: On occasion. Bank, and others. To facilitate contact request. Respondent’s Obligation: Voluntary. between exporters and financial Legal Authority: Section 7201 of Title institutions, the Office of Finance is SUMMARY: The Department of 5 of the U.S. Code, Title VII of the U.S. developing an interactive INTERNET Commerce, as part of its continuing Civil Rights Action of 1964, as trade finance match-making program to effort to reduce paperwork and amended, the Rehabilitation Act of link exporters seeking trade finance respondent burden, invites the general 1973, as amended, 29 CFR Section 1607. with banks and other financial public and other Federal agencies to
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1934, as amended (19 U.S.C. 81a–81u), DEPARTMENT OF COMMERCE Signed at Washington, DC, this 21st day of the Foreign-Trade Zones Board (the June 1999. Board) adopts the following Order: Foreign-Trade Zones Board Troy H. Cribb, Whereas, the Foreign-Trade Zones Act Acting Assistant Secretary of Commerce for [Order No. 1106] Import Administration, Alternate Chairman, provides for ‘‘ * * * the establishment Foreign-Trade Zones Board. * * * of foreign-trade zones in ports of entry of the United States, to expedite Grant of Authority for Subzone Status, Attest: and encourage foreign commerce, and Clariant Corporation (Electronic Pierre V. Duy, for other purposes,’’ and authorizes the Chemicals); Somerville, NJ Acting Executive Secretary. Foreign-Trade Zones Board to grant to [FR Doc. 00–16377 Filed 6–27–00; 8:45 am] qualified corporations the privilege of Pursuant to its authority under the BILLING CODE 3510±DS±P establishing foreign-trade zones in or Foreign-Trade Zones Act, of June 18, adjacent to U.S. Customs ports of entry; 1934, as amended (19 U.S.C. 81a–81u), the Foreign-Trade Zones Board (the DEPARTMENT OF COMMERCE Whereas, the Board’s regulations (15 Board) adopts the following Order: CFR Part 400) provide for the Foreign-Trade Zones Board establishment of special-purpose Whereas, the Foreign-Trade Zones Act subzones when existing zone facilities provides for * * * the establishment [Docket 31±2000] cannot serve the specific use involved, * * * of foreign-trade zones in ports of Foreign-Trade Zone 138ÐColumbus, and when the activity results in a entry of the United States, to expedite Ohio Area; Application for Expansion significant public benefit and is in the and encourage foreign commerce, and public interest; for other purposes,’’ and authorizes the An application has been submitted to Whereas, the Indianapolis Airport Foreign-Trade Zones Board to grant to the Foreign-Trade Zones (FTZ) Board Authority, grantee of Foreign-Trade qualified corporations the privilege of (the Board), by the Rickenbacker Port Zone 72, has made application to the establishing foreign-trade zones in or Authority (RPA), grantee of Foreign- Trade Zone 138, requesting authority to Board for authority to establish special- adjacent to U.S. Customs ports of entry; expand its zone in the Columbus, Ohio purpose subzone at the pneumatic Whereas, the Board’s regulations (15 area, adjacent to the Columbus Customs automation components manufacturing CFR Part 400) provide for the port of entry. The application was and warehousing facilities of SMC establishment of special-purpose submitted pursuant to the provisions of Pneumatics, Inc., located in subzones when existing zone facilities the Foreign-Trade Zones Act, as Indianapolis, Indiana (FTZ Docket 38– cannot serve the specific use involved, amended (19 U.S.C. 81a–81u), and the 99, filed 7/16/99); and when the activity results in a regulations of the Board (15 CFR Part Whereas, notice inviting public significant public benefit and is in the 400). It was formally filed on June 20, comment was given in the Federal public interest; 2000. Register (64 FR 41375, 7/30/99); and, Whereas, the Port Authority of New FTZ 138 was approved on March 13, 1987 (Board Order 351, 52 FR 9319, 3/ Whereas, the Board adopts the York and New Jersey, grantee of 24/87) and expanded on February 23, findings and recommendations of the Foreign-Trade Zone 49, has made 1994 (Board Order 685, 59 FR 10783, 3/ examiner’s report, and finds that the application to the Board for authority to requirements of the FTZ Act and the 8/94) and November 9, 1999 (Board establish special-purpose subzone at the Order 1063, 64 FR 63786, 11/22/99). Board’s regulations would be satisfied, electronic chemicals manufacturing and and that approval of the application The general-purpose zone currently warehousing facilities of the Clariant consists of two sites: Site 1 (4,713 would be in the public interest provided Corporation, located in Somerville, New approval is subject to restriction; acres—4 parcels)—at the Rickenbacker Jersey (FTZ Docket 42–99, filed 8/25/ International Airport in Franklin County Now, Therefore, the Board hereby 99); and Site 2 (136 acres, 3 adjacent grants authority for subzone status at the Whereas, notice inviting public parcels)—industrial park project, pneumatic automation components comment was given in the Federal McClain Road, Lima (Allen County). manufacturing and warehousing Register (64 FR 48578, 9/7/99); and, The applicant is now requesting facilities of SMC Pneumatics, Inc., authority to expand the general-purpose located in Indianapolis, Indiana Whereas, the Board adopts the zone to include four additional sites in (Subzone 72P), at the location described findings and recommendations of the Ross, Fairfield, Guernsey and Madison in the application, and subject to the examiner’s report, and finds that the Counties, Ohio: Proposed Site 3 (42- FTZ Act and the Board’s regulations, requirements of the FTZ Act and the acres)—within the 90-acre Gateway including § 400.28, and further subject Board’s regulations are satisfied, and Interchange Industrial Park (owned by to a restriction requiring that all foreign that approval of the application is in the the Ross Community Improvement merchandise admitted to the subzone be public interest; Corporation), State Route 104 and U.S. placed in privileged foreign status. Now, Therefore, the Board hereby Route 35, Chillicothe (Ross County); Signed at Washington, DC, this 21st day of grants authority for subzone status at the Proposed Site 4 (44 acres)—within the June 1999. electronic chemicals manufacturing and 960 acre Rock Mill Industrial Park Troy H. Cribb, warehousing facilities of the Clariant (owned by the Lancaster Area Community Improvement Corporation), Corporation, located in Somerville, New Acting Assistant Secretary of Commerce for south of Mill Park Drive, Lancaster Import Administration, Alternate Chairman, Jersey (Subzone 49I), at the location (Fairfield County); Proposed Site 5 (133 Foreign-Trade Zones Board. described in the application, and subject acres)—within the 149 acre D.O. Hall Pierre V. Duy, to the FTZ Act and the Board’s Business Center (owned by the Acting Executive Secretary. regulations, including § 400.28. Community Industrial Association of [FR Doc. 00–16378 Filed 6–27–00; 8:45 am] Cambridge-Guernsey County), SR 660 BILLING CODE 3510±DS±P and north of Reitler Road, Cambridge
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(Guernsey County); and, Proposed Site 6 Antidumping Duty Administrative within the time limits mandated by (74 acres)—within the Eagleton Reviews. section 751(a)(3)(A) of the Act. Industrial Park (owned by MTB Therefore, in accordance with section Corporation and Building Systems EFFECTIVE DATE: June 28, 2000. 751(a)(3)(A) of the Act, the Department Transportation), S.R.142 and west of FOR FURTHER INFORMATION CONTACT: is extending the time period for issuing Spring Valley Road, London (Madison Mike Strollo, AD/CVD Enforcement, the preliminary results of review until County). This expansion is being Import Administration, International August 30, 2000. requested as part of a local economic Trade Administration, U.S. Department Dated: June 22, 2000. development project known as the of Commerce, 14th Street and Robert M. James, Greater Columbus Inland Port Program. Constitution Avenue, N.W., Washington Acting Deputy Assistant Secretary, AD/CVD No specific manufacturing requests are D.C. 20230; telephone: (202) 482–5255. Enforcement Group III. being made at this time. Such requests [FR Doc. 00–16374 Filed 6–27–00; 8:45 am] would be made to the Board on a case- The Applicable Statute BILLING CODE 3510±DS±P by-case basis. Unless otherwise indicated, all In accordance with the Board’s citations to the statute are references to regulations, a member of the FTZ Staff the provisions effective January 1, 1995, DEPARTMENT OF COMMERCE has been designated examiner to the effective date of the amendments investigate the application and report to made to the Tariff Act of 1930 (the Act) International Trade Administration the Board. by the Uruguay Round Agreements Act. [A±570±848] Public comment on the application is In addition, unless otherwise indicated, invited from interested parties. all citations to the Department’s Notice of Extension of Time Limit for Submissions (original and 3 copies) regulations are to the current Final Results of New Shipper shall be addressed to the Board’s regulations, codified at 19 CFR Part 351 Antidumping Review: Freshwater Executive Secretary at the address (1999). Crawfish Tail Meat From the People's below. The closing period for their Republic of China receipt is August 28, 2000. Rebuttal Background comments in response to material On August 19, 1993, the Department AGENCY: Import Administration, submitted during the foregoing period published in the Federal Register (58 International Trade Administration, may be submitted during the subsequent FR 44162) the antidumping duty orders Department of Commerce. 15-day period September 11, 2000. on certain corrosion-resistant carbon EFFECTIVE DATE: June 28, 2000. A copy of the application and steel flat products and certain cut-to- FOR FURTHER INFORMATION CONTACT: accompanying exhibits will be available length carbon steel plate from Canada. Sarah Ellerman or Maureen Flannery, for public inspection at each of the The Department initiated these reviews Import Administration, International following locations: for Stelco, Inc., Dofasco, Inc., Sorevco, Trade Administration, U.S. Department U.S. Department of Commerce, Export Inc., Continuous Colour Coat, Ltd., and of Commerce, 14th Street and Assistance Center, Two Nationwide National Steel Corp., (corrosion- Constitution Avenue, NW, Washington, Plaza, Suite 1400, Columbus, Ohio resistant) and Clayson Steel Inc., DC 20230; telephone: (202) 482–4106 43215. Metaux Russel Inc. and Stelco, Inc. (cut- and (202) 482–3020, respectively. Office of the Executive Secretary, to-length) on October 1, 1999 (64 FR Time Limits Foreign-Trade Zones Board, Room 4008, 53318).1 We initiated a review of U.S. Department of Commerce, 14th & Gerdau MRM Steel (cut-to-length) on Statutory Time Limits Pennsylvania Avenue, NW., November 4, 1999 (64 FR 60161).2 Section 751(a)(2)(B)(iv) of the Tariff Washington, DC 20230. These reviews cover the period of Act of 1930, as amended (the Act), Dated: June 22, 2000. August 1, 1998 through July 31, 1999. requires the Department to make a Pierre Duy, On April 27, 2000, the Department preliminary determination within 180 Acting Executive Secretary. published an extension of these days after the date on which the review [FR Doc. 00–16375 Filed 6–27–00; 8:45 am] preliminary results of review until July is initiated, and a final determination 21, 2000 (65 FR 24678). BILLING CODE 3510±DS±P within 90 days after the date the Extension of Time Limits for preliminary determination is issued. Preliminary Results However, if the Department concludes DEPARTMENT OF COMMERCE that the case is extraordinarily For the reasons described in the complicated, section 751(a)(2)(B)(iv) of International Trade Administration Memorandum from Edward C. Yang to the Act allows the Department to extend Joseph A. Spetrini, Extension of Time the time limit for the preliminary [A±122±822 and A±122±823] Limit for the Final Results of determination from 180 days to 300 Antidumping Duty Administrative days and may extend the time limit for Certain Corrosion-Resistant Carbon Reviews of Certain Corrosion-Resistant the final determination from 90 days to Steel Flat Products and Certain Cut-to- Carbon Steel Flat Products and Certain 150 days from the date of publication of Length Carbon Steel Plate From Cut-to-Length Carbon Steel Plate From the preliminary determination. Canada: Extension of Time Limit for Canada, dated June 22, 2000, it is not Background Preliminary Results of Antidumping practical to complete these reviews Duty Administrative Review On March 30, 1999, the Department 1 Petitioners withdrew their request for a review received a request from Yancheng AGENCY: Import Administration, of Stelco under both orders. Stelco did not request Haiteng Aquatic Products & Foods Co., International Trade Administration, that its sales be reviewed. National withdrew its Ltd. to conduct a new shipper review of Department of Commerce. request to be reviewed. Petitioners did not request that National be reviewed. the antidumping duty order on ACTION: Notice of Extension of Time 2 We inadvertently failed to include Gerdau MRM freshwater crawfish tail meat from the Limits For Preliminary Results of Steel in our October 1, 1999 notice. People’s Republic of China. On May 6,
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1999, the Department published its requested and a final determination DEPARTMENT OF COMMERCE initiation of this new shipper review within 120 days after the date on which covering the period September 1, 1998 the preliminary determination is International Trade Administration through February 28, 1999 (64 FR published. However, if it is not [C±401±401] 24328). On March 15, 2000, the practicable to complete the review Department published the preliminary within these time periods, section Certain Carbon Steel Products From results of review (65 FR 13939). On May 751(a)(3)(A) of the Act allows the Sweden: Extension of Preliminary 1, 2000, the Department extended the Department to extend the time limit for Results of Countervailing Duty time limits for the final results of this the preliminary determination to a Administrative Review new shipper review (65 FR 25309). maximum of 365 days and for the final AGENCY: Import Administration, Extension of Time Limits for Final determination to 180 days (or 300 days International Trade Administration, Results if the Department does not extend the Department of Commerce. Because of the complexities described time limit for the preliminary ACTION: Notice of extension of time limit in the Memorandum from Edward C. determination) from the date of for preliminary results of Countervailing Yang to Joseph A. Spetrini, Extension of publication of the preliminary Duty Administrative Review. Time Limit for the Final Results of New determination. EFFECTIVE DATE: June 28, 2000. Shipper Review of Freshwater Crawfish Background Tail Meat from the People’s Republic of FOR FURTHER INFORMATION CONTACT: China, dated June 19, 2000, we find that On August 30, 1999, the Department Tipten Troidl at (202) 482–1767 or this case is extraordinarily complicated published a notice of initiation of Gayle Longest at (202) 482–3338, Office and we are unable to complete this administrative reviews of the of AD/CVD Enforcement VI, Import review within the time limits mandated antidumping duty orders on certain Administration, International Trade by section 351.214(i)(2) of the pasta from Italy and Turkey, covering Administration, U.S. Department of Department’s regulations. the period July 1, 1998, through June 30, Commerce, 14th Street and Constitution Therefore, in accordance with section 1999 (64 FR 47167). On February 4, Avenue, NW., Washington, DC 20230. 351.214(i)(2) of the Department’s 2000, the Department extended the time Statutory Time Limits regulations, the Department is extending limit for completion of the preliminary the time period for issuing the final Section 751(a)(3)(A) of the Tariff Act results of these administrative reviews results of review until July 14, 2000. of 1930, as amended (the Act), requires by 90 days (65 FR 5591). The the Department to make a preliminary Dated: June 19, 2000. preliminary results are currently due no determination within 245 days after the Edward C. Yang, later than June 30, 2000. last day of the anniversary month of an Acting Deputy Assistant Secretary, AD/CVD order/finding for which a review is Enforcement Group III. Extension of Time Limit for Preliminary Results of Review requested and a final determination [FR Doc. 00–16381 Filed 6–27–00; 8:45 am] within 120 days after the date on which BILLING CODE 3510±DS±P We determine that it is not practicable the preliminary determination is to complete the preliminary results of published. However, if it is not practicable to complete the review DEPARTMENT OF COMMERCE these reviews within the extended 90 day time limit. Therefore the within the time period, section International Trade Administration Department is extending the time limit 751(a)(3)(A) of the Act allows the Department to extend the time limit for [A±475±818, A±489±805] for completion of these preliminary results for the full 120 days, until no the preliminary determination to a maximum of 365 days and for the final Certain Pasta From Italy and Turkey: later than July 31, 2000. See Decision determination to 180 days (or 300 days Extension of Time Limit for Preliminary Memorandum from Melissa Skinner to if the Department does not extend the Results of Antidumping Duty Holly Kuga, dated June 14, 2000, which time limit for the preliminary Administrative Reviews is on file in the Central Records Unit, determination) from the Date of Room B–099 of the main Commerce AGENCY: Import Administration, publication of the preliminary International Trade Administration, building. We intend to issue the final determination. Department of Commerce. results no later than 120 days after the publication of the preliminary results Background EFFECTIVE DATE: June 28, 2000. notice. On December 3, 1999, the Department FOR FURTHER INFORMATION CONTACT: published a notice of initiation of Russell Morris at (202) 482–1775, This extension is in accordance with administrative review of the Import Administration, International section 751(a)(3)(A) of the Act. countervailing duty on certain carbon Trade Administration, U.S. Department Dated: June 16, 2000. steel products from Sweden, covering of Commerce, 14th Street and Holly A. Kuga, the period January 1, 1998 through Constitution Ave, NW., Washington, DC December 31, 1998 (64 FR 56485). The 20230. Acting Deputy Assistant Secretary, Import Administration, Group II. preliminary results are currently due no Time Limits [FR Doc. 00–16379 Filed 6–27–00; 8:45 am] later than July 2, 2000. Statutory Time Limits BILLING CODE 3510±DS±P Extension of Preliminary Results of Section 751(a)(3)(A) of the Tariff Act Review of 1930, as amended (the Act), requires We determine that it is not practicable the Department to make a preliminary to complete the preliminary results of determination within 245 days after the this review within the original time last day of the anniversary month of an limit. Therefore, the Department is order/finding for which a review is extending the time limits for completion
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DEPARTMENT OF COMMERCE and requirements pertaining to the tsunamis, and potential earthquake monitoring and reporting of such faults in the nearshore region from National Oceanic and Atmospheric takings are set forth. NMFS has defined Santa Barbara to San Diego. Both of Administration ‘‘negligible impact’’ in 50 CFR 216.103 these tasks are multi-year efforts that [I.D.022800B] as ‘‘...an impact resulting from the require high-resolution, seismic- specified activity that cannot be reflection data using a minisparker Small Takes of Marine Mammals reasonably expected to, and is not acoustic source. Incidental to Specified Activities; reasonably likely to, adversely affect the Coastal Southern California is the Marine Seismic-Reflection Data species or stock through effects on most highly populated urban area along Collection in Southern California annual rates of recruitment or survival.’’ the U.S. Pacific coast with 30 percent of Subsection 101(a)(5)(D) of the MMPA the California population AGENCY: National Marine Fisheries established an expedited process by (approximately 10 million people) Service (NMFS), National Oceanic and which citizens of the United States can living in Los Angeles County alone. The Atmospheric Administration (NOAA), apply for an authorization to primary objectives of the USGS research Commerce. incidentally take small numbers of are to provide information (1) to ACTION: Notice of issuance of an marine mammals by harassment. The understand and help mitigate the incidental harassment authorization. MMPA now defines ‘‘harassment’’ as: intrusion of salt water into coastal aquifer systems resulting from ground- SUMMARY: In accordance with provisions * * * any act of pursuit, torment, or annoyance which (a) has the potential to water overdraft, and (2) to help mitigate of the Marine Mammal Protection Act injure a marine mammal or marine mammal the earthquake threat to this area. Data (MMPA) as amended, notification is stock in the wild; or (b) has the potential to collected to address the salt water hereby given that an Incidental disturb a marine mammal or marine mammal intrusion objective will be used to Harassment Authorization (IHA) to take stock in the wild by causing disruption of develop a hydrogeologic model for the small numbers of marine mammals by behavioral patterns, including, but not region. This model will assist water harassment incidental to collecting limited to, migration, breathing, nursing, managers (Water Replenishment District marine seismic-reflection data in breeding, feeding, or sheltering. of Southern California and the Los southern California waters has been Subsection 101(a)(5)(D) establishes a Angeles County Department of Public issued to the U.S. Geological Survey 45-day time limit for NMFS review of an Works) in providing a safe and (USGS). application followed by a 30-day public uncontaminated ground-water supply to DATES: This authorization is effective notice and comment period on any the local population. from June 5, 2000, through September proposed authorizations for the Important geologic information that 30, 2000. incidental harassment of small numbers the USGS will derive from this project’s of marine mammals. Within 45 days of seismic-reflection data is how ADDRESSES: A copy of the application the close of the comment period, NMFS earthquake deformation is distributed may be obtained by writing to Donna must either issue or deny issuance of offshore; that is, where the active faults Wieting, Chief, Marine Mammal the authorization. are and what the history of movement Conservation Division, Office of along them has been. This should Protected Resources, NMFS, 1315 East- Summary of Request improve understanding of the shifting West Highway, Silver Spring, MD On January 24, 2000, NMFS received pattern of deformation that occurred 20910–3225, or by telephoning one of a request from the USGS for over both the long term (approximately the contacts listed here. authorization to take small numbers of the last 100,000 years) and short term FOR FURTHER INFORMATION CONTACT: several species of marine mammals by (the last few thousand years). The USGS Kenneth R. Hollingshead, NMFS, (301) harassment incidental to collecting seeks to identify actively deforming 713–2055, or Christina Fahy, NMFS, marine seismic-reflection data from structures that may constitute 562–960–4023. waters off southern California. Seismic significant earthquake threats. The SUPPLEMENTARY INFORMATION: data will be collected during a 3-week USGS also proposes to locate offshore period between May and July 2000, landslides that might affect coastal Background preferably June, to determine the source areas. Not only major subsea landslides Sections 101(a)(5)(A) and (D) of the of the invasion of seawater into might affect the footings of coastal MMPA (16 U.S.C. 1361 et seq.) directs freshwater aquifers that are critical to buildings, but also very large slides can the Secretary of Commerce to allow, the Los Angeles-San Pedro area water generate local tsunamis. These large sea upon request, the incidental, but not supply and to support studies of the waves can be generated by seafloor intentional, taking of small numbers of regional landslide and earthquake movement that is produced either by marine mammals by U.S. citizens who hazards for people within the coastal landslides or by earthquakes. Knowing engage in a specified activity (other than cities between Santa Barbara and San where large slides have occurred commercial fishing) within a specified Diego. offshore will help locate areas geographical region if certain findings susceptible to wave inundation. are made and either regulations are Background Some faults that have produced issued or, if the taking is limited to The USGS proposes to conduct a earthquakes lie entirely offshore or harassment, a notice of a proposed high-resolution seismic survey offshore extend into offshore areas where they authorization is provided to the public from Southern California. For a 3-week can be studied using high-resolution for review. period between May and July 2000, seismic-reflection techniques. An Permission may be granted if NMFS preferably in June, the USGS would like example is the Rose Canyon fault, finds that the taking will have a to collect seismic-reflection data to which extends through the San Diego negligible impact on the species or investigate: (1) the intrusion of seawater area, and is considered to be the stock(s), will not have an unmitigable into freshwater coastal aquifers that are primary earthquake threat. This fault adverse impact on the availability of the critical to the water supply for people extends northward from La Jolla, species or stock(s) for subsistence uses, within the Los Angeles- San Pedro area beneath the inner continental shelf, and and if permissible methods of taking and (2) the hazards posed by landslides, appears again onshore in the Los
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Angeles area. This fault and others like factors that might affect fluid flow. Data where much of the hazard appears to be it near shore could generate moderate collected by the USGS will be used to associated with strike-slip faults such as (M5-6) to large (M6-7) earthquakes. improve three-dimensional, fluid-flow the Newport-Inglewood and Palos Knowing the location and geometry of models to aid management of water Verdes faults. A critical component of fault systems is critical to estimating the resources. the survey concerns the third location and severity of ground shaking. geographic area, which lies farther Proposed Field Work Therefore, the results of this project will offshore in the Santa Monica, San contribute to decisions involving land Fieldwork described here will be the Pedro, and San Diego Trough deeps, use, hazard zonation, insurance fourth geophysical survey on the west where rapid sedimentation has left a premiums, and building codes. coast that the USGS has conducted more complete record, relative to The USGS emphasizes that the goal is under close supervision by marine- shallow-water areas, that can be used to not to predict earthquakes but rather to mammal biologists. In March 1998, the decipher earthquake history. The fourth help determine what steps might be USGS used a large (6,500 in3., 106 liters) area is the extension into the Santa taken to minimize the devastation airgun array in and around Puget Sound Barbara Channel of major elements of should a large earthquake occur. The to study the regional earthquake hazard onshore geology that cross the northern regional earthquake threat is known to (see 63 FR 2213, January 14, 1998). The part of Santa Monica Bay and include be high, and a major earthquake could USGS employed 12 biologists, who several major known earthquake faults. adversely affect the well-being of a large worked on two ships continuously to The fifth area is the geologic boundary, number of people. For example, oversee the seismic- reflection marked generally by the Channel earthquakes in the coastal ocean off operations. On several occasions the Islands, between the inner California southern California commonly result in USGS shut off the acoustic sources Borderland (dominated by strike-slip large-scale submarine landslides, many when marine mammals entered safety faults) and the Santa Barbara Channel of which could be capable of producing zones that had been stipulated by (dominated by compressional faults). destructive tsunamis. NMFS, and when mammals left these This change in fault types is important The proposed work is in collaboration zones, the USGS gradually ramped-up to study because the degree of with scientists at the Southern the array as required in its permit to earthquake threat varies with fault type. California Earthquake Center, which avoid harming wildlife. Marine- The study proposed herein focuses on analyzes faults and earthquakes in mammal biologists reported that during the three highest priority areas, which onshore regions, and with scientists at the survey, no overt distress was evident lie near shore between Los Angeles and the Scripps Institute of Oceanography, among the dense marine mammal San Diego. who measure strain (incremental population, and afterward no The seismic-reflection survey is movement) on offshore faults. unexplained marine mammal strandings planned to last 21 days. Based on The USGS also wants to collect high- occurred. experience collecting seismic-reflection resolution seismic- reflection data to In August 1998, the USGS surveyed data in this general area during 1998 locate the sources and pathways of offshore from southern California, using and 1999, the USGS would prefer to seawater that intrudes into freshwater a small airgun (40 in3, 0.65 liters). Two conduct the 2000 survey in June. aquifers below San Pedro. Ground water marine-mammal biologists oversaw this Because it will have to contract for a usage in the Los Angeles basin began in activity. In June 1999, the USGS vessel from which to conduct the the mid-1800s. Today, more than 44,000 conducted the third survey to support geophysical survey, the targeted study acre-feet of freshwater each year are study of aquifer contamination and time frame is sometime within the May extracted from the aquifers that underlie earthquake hazards in southern through July window. The basis for this the West Coast Basin. Aggressive California (see 64 FR 31548, June 11, decision is the USGS’ desire to avoid extraction of freshwater from coastal 1999). Three marine-mammal biologists the gray whale migrations and the peak aquifers causes offshore salt water to provided oversight for this operation. arrival of other mysticetes during the flow toward areas of active pumping. To The survey described in this document later summer. An important part of the limit this salt-water intrusion, the Water is proposed to be conducted with effort this summer will be to fill in gaps Replenishment District and water similar oversight. caused by shutdowns and daylight-only purveyors in San Pedro are investing Experimental Design operations during earlier surveys. $2.7 million per year at the Dominguez The USGS has not yet determined the Gap Barrier Project to inject freshwater Marine studies conducted by the exact tracklines for the survey, but it underground to establish a zone of high USGS focus on areas where saltwater does know the areas where minisparker water pressure in the aquifers near San intrusion into coastal aquifers is an use will be concentrated (see Fig. 3 in Pedro and Long Beach. The resulting active concern and where other kinds of the application). Within the overall zone of high pressure forms a barrier natural hazards have their greatest work area, the objective is to collect between the invasive saltwater and the potential impact on society. In southern seismic-reflection data along a grid of productive coastal aquifers. California, USGS studies will focus on lines that are about 2 km (1.07 nmi) USGS scientists in San Diego are five chief geographic areas. First is the apart. Data collected during the 1998 working with the Los Angeles County San Pedro shelf, offshore of the and 1999 surveys will be used to guide Department of Public Works and the Dominguez Gap barrier project. the planning for the proposed survey in Water Replenishment District to Collecting data as close to shore as order to minimize the number of survey develop a ground-water simulation feasible is critically important in order lines that are required to adequately model to predict fluid flow below San to merge onshore and offshore geology define the aquifer geometries and Pedro and nearby parts of the Los in a manner that allows modeling the location of potential earthquake faults. Angeles Basin. This model will hydrologic flow through the system. The USGS proposes to use two eventually be used in managing water With respect to the seismic-hazard seismic-reflection systems for data resources. The accuracy of the present issues in the offshore, the USGS’ main collection: (1) A 1.5 kilo-Joule (kJ) model, however, is compromised by a priority (and second geographic area) is minisparker using a 200-m (656.2–ft) paucity of information about aquifer the coastal zone and continental shelf long multichannel streamer, and (2) a geometry and about other geologic between Long Beach and San Diego, low-power, high resolution deep-tow
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system. The potential effect on marine 205 dB re 1 µParms. The frequencies of sighted during either operation. Also for mammals is from the minisparker; the main output sound are between 500 those same years, there are no reported mammals cannot become entangled in Hz and 8 kHz, with a peak amplitude at sightings of Guadalupe fur seals. While the streamer. The low-powered, high- 4.5 kHz. the Guadalupe fur seal population has resolution seismic- reflection system, been increasing on Guadalupe Island, Comments and Responses manufactured by Huntec, Ltd., will Mexico, their only breeding location, obtain detailed information about the A notice of receipt of the application from below 1000 in the late 1970s to the very shallow geology. The seismic- and proposed authorization was current estimate of 7500, their breeding reflection systems will be aboard a published on March 28, 2000 (65 FR season is from May-July, so it is very vessel owned by a private contractor or 1374), and a 30-day public comment likely that most Guadalupe fur seals will academic cooperator. Ship navigation period was provided on the application be found further south, and not off will be accomplished using satellites of and proposed authorization. Comments southern California. However, there was the Global Positioning System. The were received from the Marine Mammal a recent report of a mother-pup on San survey ship will be able to report Commission (MMC). Miguel Island, from June-September, accurate positions, which is important Comment 1: The MMC notes that the 1997. Melin & DeLong (1999) speculate to mitigating the minisparker’s effect on description of the two sound sources that it may have been due to El Nino marine mammals and to analyzing what contained in the Federal Register conditions, as there are more strandings impact, if any, minisparker operation document appears somewhat different of Guadalupe fur seals along the has on the environment. than the description contained in the Calfornia coast during El Nino years. application. For example, the Therefore, although the numbers of The Seismic Sound Sources description of the minisparker does not Guadalupe fur seals are increasing, and The primary sound source to be used mention a 200–m (656.2–ft) streamer, they seem to be extending their range at during this survey will be a 1.5 kJ that the HuntecTM system is towed least during warmer years, because the ‘‘SQUID 2000’’ minisparker system approximately 100 m (328.1 ft) behind seismic-reflection surveys are going to manufactured by Applied Acoustic the ship in water depths greater than be taking place during the breeding Engineering, Inc. This minisparker 200 m (656.2 ft), and that only the season, the likelihood of a Guadalupe includes eight electrodes that are minisparker will be towed at night. fur seal being in the area is extremely mounted on a small pontoon sled. The Response: The description of the low. electrodes simultaneously discharge acoustic sources is more clearly Comment 3: The MMC questions electric current through the seawater to described in this document. The whether the planned nighttime an electrical ground. This discharge streamer is only used as a receiver and observations would be capable of creates an acoustic signal. The pontoon is not a sound source. The streamer will assuring that the surveys have the least sled that supports the minisparker is be deployed during any operation practicable adverse impact on marine towed on the sea surface, approximately involving the minisparker sound source. mammals if the HuntecTM system is 20 meters (65.6 ft) behind the ship. In shallow water, which will be the used at night, or if the 200–m (656.2–ft) Source characteristics of the SQUID major part of the survey this year, streamer is part of the minisparker 2000TM minisparker provided by the because of the approval to work within sound source. Concerned that night- manufacturer show a sound-pressure the 3–mile (5.6 km) limit using the time lighting for marine mammal level (SPL) of 209 dB re 1 µPa-m root- minisparker sound source, the observations could attract fish and mean-square (RMS). The amplitude HuntecTM system will be towed just squid, which in turn may attract and spectrum of this pulse indicates that below or at the sea surface and typically increase the likelihood of attracting most of the sound energy lies between will be within 5 m (16.4 ft) of the marine mammals, the MMC 150 hertz (Hz) and 1700 Hz (1.7 kHz), minisparker sound source. Thus, during recommends that NMFS consult with and the peak amplitude is at 900 Hz. night operations in shallow water, both the applicant to assure that any marine The output sound pulse of the systems will be in the same illuminated mammals approaching or entering the minisparker has a duration of about 0.8 safety zone. designated safety zone around the milli-seconds (ms). When operated at Comment 2: The MMC notes that the sound source(s) can be detected in time sea for the multichannel seismic- area of the planned survey, while not to stop operations so the animals are not reflection survey proposed herein, the likely to encounter California sea otters adversely affected. minisparker will be discharged every 4 as noted in the application, may Response: In order for seismic to 6 seconds. encounter Guadalupe fur seals. If reflection surveys to incidentally take The second seismic source that will California sea otters may be marine mammals at night, the night- be used during this survey is a encountered, the applicant should apply time lighting must be capable of making HuntecTM system, which generates to the U.S. Fish and Wildlife Service for the entire safety zone visible. If lighting underwater sound at higher frequencies an incidental harassment authorization. attracts marine mammals, then the than does the minisparker. The If Guadalupe fur seals could be USGS would incur more shutdowns and HuntecTM system uses encountered, this species should be a longer period of time would be needed electromagnetically driven plates to included in any incidental harassment to complete the surveys. NMFS is produce an acoustic pulse every 0.5 authorization issued by NMFS. unaware of ship lighting attracting fish seconds, with a duration of about 0.3 Response: California sea otters, which and squid to the extent that marine ms. In water depths greater than 200 m are typically found north of Point mammals would likewise be attracted to (656.2 ft), the HuntecTM source is towed Conception, are not expected to be the vessel. The mitigation plan for the behind the ship at a depth of observed within the limits of the USGS survey is being designed by approximately 100 m (328.1 ft). In proposed survey. The USGS has Cascadia in order to ensure that shallow water, such as the inner shelf, reviewed the reports of the marine shutdowns are conducted when marine the sound source is towed at a depth of mammal observers from Cascadia mammals are about to enter the safety about 5 m (16.4 ft) of the sea surface Research Collective in Olympia, WA zone. The IHA requires the USGS to within about 5 m (16.4 ft) of the stern (Cascadia) for its surveys in 1998 and have a minimum of 3 observers of the ship. The SPL for this source is 1999 and noted that sea otters were not available at all times, with two on watch
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However, planned monitoring and the distance from the source to where Mitigation of Potential Environmental mitigation measures (described later in the SPL is reduced to 180 dB re 1 µPa- Impact this document) are designed to detect mRMS. For a 20log(R) sound attenuation, To avoid potential Level A µ marine mammals occurring near the the safety zone for a 209 dB re 1 Pa- harassment (i.e., injury) of marine seismic-reflection source(s) and to mRMS source has a radius of about 30 m mammals, safety zones will be avoid, to the greatest extent practicable, (98 ft). established and monitored continuously exposing them to sound pulses that Much of that part of the proposed by biologists, and the USGS will shut off have any possibility of causing TTS in any operating seismic source whenever hearing. 2000 survey that focuses on saltwater intrusion of coastal aquifers will be the ship and a marine mammal converge Maximum Sound-Exposure Levels for conducted close to shore, where water closer than the previously mentioned Marine Mammals is shallow. In 1999, the USGS measured safety distances. The adverse effects of underwater a sound attenuation of 27log(R) in For all cetaceans (whales, dolphins, sound on mammals have been shallow water off southern California. and porpoises), NMFS is requiring documented for exposure times that last Therefore, the USGS proposes that for USGS to immediately cease operations for tens of seconds or minutes, but inshore areas, underwater sound will of the minisparker when members of adverse effects have not been attenuate to approximately 25log(R), these species approach within 30 m (98 documented for the brief pulses typical which for inshore areas would yield a ft) of the sound source when operating of the minisparker (0.8 ms) and the in deep water, and 15 m (49.2 ft) for safety zone with a radius of 15 m (49.2 TM HuntecTM system (typically 0.3 ms). ft). both the minisparker and the Huntec While NMFS in the past considered that source when operating in shallow water. Because observers would be able to (The HuntecTM source in deep water the maximum SPLs, from impulse monitor this short radius of a 15 m (49.2 sounds, to which marine mammals will be in waters significantly deeper ft) or 30 m (98 ft) safety zone, the USGS could safely be exposed were 180 dB re than the radius of the safety zone and also proposed that the HuntecTM and 1 µPa-m for mysticetes (baleen therefore is not practical to monitor). rms minisparker can be used at night, using whales) and sperm whales, and 190 dB NMFS understands that the CCC has not spotlights to illuminate the safety zone re 1 µPa-mrms for odontocetes (toothed accepted the scientific data that in whales, dolphins and porpoises) and around the tow sled. shallow water, underwater sound pinnipeds (seals and sea lions), recent Estimated Number of Potential commonly attenuates more sharply than 20log(R), for reasons mentioned workshops have recommended a more Harassments of Marine Mammals precautionary approach be taken and, previously in this document. However, accordingly, NMFS now recommends Based on estimated marine mammal NMFS is required to use the best that odontocetes also be limited to an populations within the survey area scientific information available when SPL no greater than 180 dB re 1 µPa- (Calambokidis and Francis, 1994) and making determinations and mrms. However, based on statements and on the number of individuals that were implementing appropriate mitigation recommendations made at NMFS’ observed during the 1998 and 1999 measures, and as such, has concluded Acoustic Criteria Workshop in 1998, seismic surveys, the USGS estimates that the more restrictive conditions NMFS has not increased its that up to 50 blue whales, 5 killer placed on the USGS by the CCC are not recommended safety zone for pinnipeds whales, 10 minke whales, 10 sea otters, supportable and therefore cannot be to this same level. In 1999 and 2000, the 50 humpback whales, 50 northern sea adopted by NMFS. This however, in no CCC has limited the maximum sound- lions, 100 northern fur seals, 100 way relieves the USGS from complying µ exposure level to 180 dB re 1 Pa-m for northern elephant seals, 100 Dall’s with the conditions imposed by the CCC all species of marine mammals. porpoise, 100 Risso’s dolphins, 100 in its determination of coastal In its application, the USGS has northern right-whale dolphins, 100–200 consistency. For pinnipeds (seals and sea lions), if provided two estimates of how close Pacific white-sided dolphins, 100 the research vessel approaches a marine mammals can approach the bottlenosed dolphins, 200 California sea HuntecTM and minisparker sources pinniped, the USGS originally lions, 200 Pacific harbor seals, and before they need to be powered down. requested, and, for the reasons cited in 10,000–12,000 common dolphins may The first estimate follows the procedure the previous paragraph, NMFS has be harassed incidental to the USGS required by the CCC in 1999, where accepted, that a safety radius of 30 m underwater sound is assumed to survey. No marine mammals will be (98 ft) around the minisparker seismic attenuate with distance according to the seriously injured or killed as a result of source when operating in deep water equation 20log(Radius(R)), and the the survey. However, NMFS has and 15 m (49.2 ft) for both acoustic maximum SPL to which marine subsequently reviewed the information sources when in shallow water will be mammals can be exposed is 180 dB re and has determined that the large maintained. NMFS believes the 180 dB mysticete whales, northern sea lions, 1 µPa-mRMS. The alternative estimate of re 1 µPa-mRMS safety zone is more safe distance is proposed for operations and sea otters are unlikely to be affected conservative than is necessary for the limited to shallow water. In shallow by either acoustic source planned to be reasons stated previously in this water, sound from both the HuntecTM used this year in this area by the USGS. document, however, because this level and minisparker sources will decay The large whales are expected to remain was requested initially by the applicant, (attenuate) with distance more sharply in offshore waters outside the Channel NMFS has accepted this condition for than 20log(R) because some of the Islands at the time of the year that the the USGS’ IHA. sound energy will exit the water and activity will take place; northern sea However, if a pinniped approaches penetrate the sea floor when the source lions, which are expected to be in more the towed acoustic source, NMFS will is physically close to the sea floor. northerly waters during the summer, are not require the USGS to shutdown the In the deeper water (greater than 50 m not known to be affected by low source, but will require the USGS to (164 ft)) areas of the proposed survey, frequency seismic sources unless close monitor the interaction to ensure the the safety zone for the HuntecTM and to the source; and California sea otters animal does not show signs of distress. minisparker is a circle whose radius is will be north of Point Conception. Experience indicates that pinnipeds will
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Guadalupe Island, Mexico, during this DEPARTMENT OF COMMERCE Dated: June 22, 2000. time. Ann Terbush, National Oceanic and Atmospheric Chief, Permits and Documentation Division, Conclusions Administration Office of Protected Resources, National NMFS has determined that the short- Marine Fisheries Service. term impact of conducting marine [I.D. 053100C] [FR Doc. 00–16351 Filed 6–27–00; 8:45 am] seismic-reflection data in offshore BILLING CODE 3510±22±F Marine Mammals; File No. 358±1564±00 southern California may result, at worst, in a temporary modification in behavior AGENCY: National Marine Fisheries COMMITTEE FOR THE by certain species of pinnipeds and Service (NMFS), National Oceanic and cetaceans. While behavioral IMPLEMENTATION OF TEXTILE Atmospheric Administration (NOAA), AGREEMENTS modifications may be made by certain Commerce. species of marine mammals to avoid the Adjustment of Import Limits for Certain ACTION: Issuance of permit. resultant noise from the seismic sources, Cotton, Man-Made Fiber, Silk Blend this behavioral change is expected to and Other Vegetable Fiber Textiles and SUMMARY: Notice is hereby given that have no more than a negligible impact Textile Products Produced or the Alaska Department of Fish and on the animals. Manufactured in Bangladesh Game, 1255 W. 8th Street, P.O. Box In addition, no take by serious injury 25526, Juneau, Alaska 99802–5526 [P.I. June 22, 2000. or death is anticipated, and takes will be Kenneth W. Pitcher] has been issued a AGENCY: Committee for the at the lowest level practicable due to the permit to take Steller sea lions Implementation of Textile Agreements incorporation of the mitigation (Eumetopias jubatus) for purposes of (CITA). measures previously mentioned. No scientific research. ACTION: Issuing a directive to the known rookeries, mating grounds, areas Commissioner of Customs adjusting of concentrated feeding, or other areas ADDRESSES: The permit and related limits. of special significance for marine documents are available for review upon written request or by appointment mammals occur within or near the in the following office(s): EFFECTIVE DATE: June 28, 2000. planned area of operations during the FOR FURTHER INFORMATION CONTACT: Ross season of operations. Permits and Documentation Division, Office of Protected Resources, NMFS, Arnold, International Trade Specialist, Since NMFS is assured that the taking 1315 East-West Highway, Room 13705, Office of Textiles and Apparel, U.S. would not result in more than the Silver Spring, MD 20910 (301/713– Department of Commerce, (202) 482– incidental harassment (as defined by the 2289); and 4212. For information on the quota MMPA) of small numbers of certain status of these limits, refer to the Quota species of marine mammals, would have Alaska Region, NMFS, P.O. 21668, Status Reports posted on the bulletin only a negligible impact on these stocks, Juneau, AK 99802–1668 (907/586– boards of each Customs port, call (202) 7248). and would result in the least practicable 927–5850, or refer to the U.S. Customs impact on the stocks, NMFS has FOR FURTHER INFORMATION CONTACT: website at http://www.customs.gov. For determined that the requirements of Simona Roberts or Ruth Johnson, 301/ information on embargoes and quota re- section 101(a)(5)(D) of the MMPA have 713–2289. openings, call (202) 482–3715. been met and the authorization can be SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: issued. On February 11, 2000, notice was published Authority: Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); Authorization in the Federal Register (65 FR 6997) Executive Order 11651 of March 3, 1972, as that a request for a scientific research amended. Accordingly, NMFS has issued an permit to take Steller sea lions had been IHA to the USGS for the possible The current limits for certain submitted by the above-named categories are being adjusted for swing, harassment of small numbers of several organization. The requested permit has special shift and carryforward. species of marine mammals incidental been issued under the authority of the A description of the textile and to collecting marine seismic-reflection Marine Mammal Protection Act of 1972, apparel categories in terms of HTS data off southern California between as amended (16 U.S.C. 1361 et seq.), the numbers is available in the June 5 and September 30, provided the Regulations Governing the Taking and CORRELATION: Textile and Apparel mitigation, monitoring and reporting Importing of Marine Mammals (50 CFR Categories with the Harmonized Tariff requirements described in the part 216), the Endangered Species Act of Schedule of the United States (see authorization are undertaken. 1973, as amended (ESA; 16 U.S.C. 1531 Federal Register notice 64 FR 71982, et seq.), and the regulations governing Dated: June 21, 2000. published on December 22, 1999). Also the taking, importing, and exporting of Art Jeffers, see 64 FR 68333, published on endangered and threatened species (50 December 7, 1999. Deputy Director, Office of Protected CFR parts 222–226). Resources, National Marine Fisheries Service. D. Michael Hutchinson, Issuance of this permit, as required by [FR Doc. 00–16228 Filed 6–27–00; 8:45 am] the ESA, was based on a finding that Acting Chairman, Committee for the Implementation of Textile Agreements. BILLING CODE 3510±22±F such permit (1) was applied for in good faith, (2) will not operate to the Committee for the Implementation of Textile disadvantage of the endangered species Agreements which is the subject of this permit, and June 22, 2000. (3) is consistent with the purposes and Commissioner of Customs, policies set forth in section 2 of the Department of the Treasury, Washington, DC ESA. 20229.
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Dear Commissioner: This directive The Committee for the Implementation of requirements of section 155 of Public amends, but does not cancel, the directive Textile Agreements has determined that Law 104–164 dated 21 July 1996. issued to you on December 1, 1999, by the these actions fall within the foreign affairs Chairman, Committee for the Implementation exception of the rulemaking provisions of 5 FOR FURTHER INFORMATION CONTACT: Ms. of Textile Agreements. That directive U.S.C. 553(a)(1). J. Hurd, DSCA/COMPT/RM, (703) 604– concerns imports of certain cotton, man- 6575. made fiber, silk blend and other vegetable Sincerely, fiber textiles and textile products, produced D. Michael Hutchinson, The following is a copy of a letter to or manufactured in Bangladesh and exported Acting Chairman, Committee for the the Speaker of the House of during the twelve-month period which began Implementation of Textile Agreements. Representatives, Transmittal 00–44 with on January 1, 2000 and extends through [FR Doc. 00–16291 Filed 6–27–00; 8:45 am] attached transmittal and policy December 31, 2000. Effective on June 28, 2000, you are directed BILLING CODE 3510±DR±F justification. to adjust the limits for the following Dated: June 22, 2000. categories, as provided for under the Uruguay L.M. Bynum, Round Agreement on Textiles and Clothing: DEPARTMENT OF DEFENSE Alternate OSD Federal Register Liaison Officer, Department of Defense. Category Adjusted twelve-month Office of the Secretary limit 1 [Transmittal No. 00±44] BILLING CODE 5001±10±M 335 ...... 219,794 dozen. 336/636 ...... 620,844 dozen. 36(b)(1) Arms Sales Notification 342/642 ...... 582,721 dozen. 347/348 ...... 3,453,982 dozen. AGENCY: Department of Defense, Defense 641 ...... 774,451 dozen. Security Cooperation Agency. 645/646 ...... 421,167 dozen. ACTION: Notice. 647/648 ...... 2,172,317 dozen. 847 ...... 467,141 dozen. SUMMARY: The Department of Defense is 1 The limits have not been adjusted to ac- publishing the unclassified text of a count for any imports exported after December section 36(b)(1) arms sales notification. 31, 1999. This is published to fulfill the
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[FR Doc. 00–16261 Filed 6–27–00; 8:45 am] BILLING CODE 5001±10±C
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DEPARTMENT OF DEFENSE commenting on the proposed does not believe the proposed MCM amendments. amendments are internally inconsistent Office of the Secretary or upset the basic architecture of the Purpose UCMJ and will forward the proposed Manual for Courts-Martial The proposed changes concern the amendments to the Department of AGENCY: Joint Service Committee on rules of procedure applicable in trials by Defense. Military Justice (JSC). courts-martial and implement the All public comment received will be amendment to Article 19 of the Uniform forwarded, along with the proposed ACTION: Notice of Summary of Public Code of Military Justice (UCMJ) Comment Received Regarding Proposed amendments, to the Department of contained in section 577 of the National Amendments to the Manual for Courts- Defense. Defense Authorization Act for Fiscal Martial, United States, (1998 ed.). Year 2000. Subject to limitations Proposed Amendments After Consideration of Public Comment SUMMARY: The JSC is forwarding final prescribed by the President, the Received proposed amendments to the Manual for amendment increased the jurisdictional Courts-Martial, United States, (1998 ed.) maximum punishment at special courts- The proposed amendments to the (MCM) to the Department of Defense. martial to confinement for one year and Manual for Courts-Martial are as The proposed changes concern the rules forfeitures not exceeding two-thirds pay follows: of procedure applicable in trials by per month for one year, vice the Amend R.C.M. 201(f)(2)(B)(i) to read courts-martial and implement the previous six-month jurisdictional as follows: amendment to Article 19 of the Uniform limitation. ‘‘(i) Upon a finding of guilty, special courts-martial may adjudge, under Code of Military Justice contained in Discussion of Comments and Changes section 577 of the National Defense limitations prescribed by this Manual, Authorization Act for Fiscal Year 2000. The two written comments received any punishment authorized under Subject to limitations prescribed by the were not supportive of the amendments. R.C.M. 1003 except death, dishonorable President, the amendment increased the The first writer addressed problems he discharge, dismissal, confinement for jurisdictional maximum punishment at saw with the decision to expand the more than 1 year, hard labor without special courts-martial to confinement jurisdiction of special courts-martial. confinement for more than 3 months, The second writer believed that for one year and forfeitures not forfeiture of pay exceeding two-thirds Congress enacted incomplete legislation exceeding two-thirds pay per month for pay per month, or any forfeiture of pay and, in doing so, upset the coherence one year, vice the previous six-month for more than 1 year.’’ and unity within the Uniform Code of jurisdictional limitation. The proposed Amend R.C.M. 201(f)(2)(B)(ii) to read Military Justice. The writer also changes have not been coordinated as follows: believed that the JSC proposed ‘‘(ii) A bad-conduct discharge, within the Department of Defense under amendments to implement the change confinement for more than six months, DoD Directive 5500.1, ‘‘Preparation and to Article 19, UCMJ, created internal or forfeiture of pay for more than six Processing of Legislation, Executive philosophical conflicts within the MCM months, may not be adjudged by a Orders, Proclamations, and Reports and provisions. He recommended special court-martial unless: Comments Thereon,’’ May 21, 1964, and withholding action on the proposed (a) Counsel qualified under Article do not constitute the official position of MCM amendments until Articles 54(c) 27(b) is detailed to represent the the Department of Defense, the Military and 66, UCMJ, were also amended to accused; and Departments, or any other government mandate verbatim transcripts and (b) A military judge is detailed to the agency. appellate review in cases involving a trial, except in a case in which a ADDRESSES: Comments and materials bad conduct discharge or confinement military judge could not be detailed received from the public are available in excess of six months or forfeitures of because of physical conditions or for inspection or copying at the U.S. Air pay in excess of six months. He military exigencies. Physical conditions Force, Air Force Legal Services Agency, recommended the MCM apply similar or military exigencies, as the terms are Military Justice Division, Room 202, 112 protections. The second writer also here used, may exist under rare Luke Avenue, Bolling Air Force Base, recommended that the current circumstances, such as on an isolated Washington, DC 20332–8000, between 8 Discussion accompanying R.C.M. ship on the high seas or in a unit in an a.m. and 3:30 p.m., Monday through 1107(d)(1) addressing the mitigation of inaccessible area, provided compelling Friday, except Federal Holidays. a bad conduct discharge be retained and reasons exist why trial must be held at FOR FURTHER INFORMATION CONTACT: Lt. suggested that the amendment to the that time and at that place. Mere Col. Thomas C. Jaster, U.S. Air Force, analysis accompanying R.C.M. 1107 inconvenience does not constitute a Air Force Legal Services Agency, 112 contained typographical errors. physical condition or military exigency Luke Avenue, Room 343, Bolling Air The JSC has considered the oral and and does not excuse a failure to detail Force Base, Washington, DC 20332– written comment provided and is a military judge. If a military judge 8000, (202) 767–1539; FAX (202) 404– satisfied that the proposed amendments cannot be detailed because of physical 8755. are appropriate to implement the conditions or military exigencies, a bad- SUPPLEMENTAL INFORMATION: Congressional change to Article 19, conduct discharge, confinement for UCMJ. However, the JSC has more than six months, or forfeiture of Background reexamined the analysis accompanying pay for more than six months, may be On April 4, 2000, the JSC published R.C.M. 1107 and has corrected the adjudged provided the other conditions a Notice of Proposed Amendments to identified typographical errors. The JSC have been met. In that event, however, the Manual for Courts-Martial, (MCM) recognized the arguable tension between the convening authority shall, prior to United States, (1998 ed.) and Notice of Article 19 as amended and Article trial, make a written statement Public Meeting. On April 18, 2000, the 54(c)(1)(B) and took those matters into explaining why a military judge could public meeting was held and one consideration prior to publication of the not be obtained. This statement shall be individual provided oral comment. The proposed amendments. After appended to the record of trial and shall JSC also received two letters reconsidering the issues raised, the JSC set forth in detail the reasons why a
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Advice in GCMs and SPCMs in which BCD or confinement [Note 100. In cases subject to review by a Court of Criminal Appeals, the fol- for one year is adjudged. lowing advice should be given. In other cases proceed to Note 101 or 102 as appropriate.]
Amend Page A8–21, Left Margin Entry to Note 102 to read as follows:
SPCM not involving a BCD or confinement for one year ...... [Note 102. In special courts-martial not involving BCD or confinement for one year, the following advice should be given.]
Amend Page A17–4, first note to will be promulgated by the officer Dated: June 22, 2000. paragraph d, to read as follows: exercising general court-martial L.M. Bynum, ‘‘[Note. Orders promulgating the jurisdiction over the probationer Alternate OSD Federal Register, Liaison vacation of the suspension of a (Article 72(b)). The vacation of Officer, Department of Defense. dismissal will be published by suspension of any other sentence may [FR Doc. 00–16265 Filed 6–27–00; 8:45 am] departmental orders of the Secretary be promulgated by an appropriate BILLING CODE 5001±01±P concerned. Vacations of any other convening authority under Article 72(c). suspension of a general court-martial See R.C.M. 1109.]’’ sentence, or of a special court-martial sentence which as approved and affirmed includes a bad-conduct discharge or confinement for one year,
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DEPARTMENT OF DEFENSE Strategic Analysis, Inc., 3601 Wilson Information Relay Service (FIRS) at 1– Boulevard, Suite 500, Arlington, VA. 800–877–8339 between 8 a.m. and 8 Office of the Secretary This Task Force will determine the p.m., Eastern time, Monday through adequacy of DoD’s ability to detect, Friday). Meeting of the Advisory Panel To identify, respond, and prevent Individuals with disabilities may Assess the Capabilities for Domestic unconventional nuclear attacks by obtain this document in an alternate Response to Terrorist Attacks terrorists or subnational entities, and the format (e.g., Braille, large print, Involving Weapons of Mass appropriate role(s) and capability of audiotape, or computer diskette) on Destruction DoD to provide protection against request to the contact person listed in unconventional nuclear attacks in the preceding paragraph. ACTION: Notice of meeting. support of homeland defense. SUPPLEMENTARY INFORMATION: The SUMMARY: This notice sets forth the The mission of the Defense Science National Board of the Fund for the schedule and summary agenda for the Board is to advise the Secretary of Improvement of Postsecondary next meeting of the Panel to Assess the Defense and the Under Secretary of Education is established under Title VII, Capabilities for Domestic Response to Defense for Acquisition, Technology & Part B, Section 742 of the Higher Terrorist Attacks Involving Weapons of Logistics on scientific and technical Education Amendments of 1998 (20 Mass Destruction. Notice of this meeting matters as they affect the perceived U.S.C. 1138a). The National Board of the is required under the Federal Advisory needs of the Department of Defense. At Fund is authorized to recommend to the Committee Act. (Pub. L. 92–463). these meetings, the Defense Science Director of the Fund and the Assistant DATES: July 17 and 18, 2000. Board Task Force will review and Secretary for Postsecondary Education ADDRESSES: RAND, 1200 South Hayes evaluate the Department’s ability to priorities for funding and procedures for Street, Arlington, VA 22202–5050. provide information. grant awards. In accordance with Section 10(d) of The meeting of the National Board is PROPOSED SCHEDULE AND AGENDA: Panel the Federal Advisory Committee Act, to Assess the Capabilities for Domestic open to the public. The National Board Public Law 92–463, as amended (5 will meet on Friday, July 24 from 9:30 Response to Terrorist Attacks Involving U.S.C. App. II, (1994)), it has been Weapons of Mass Destruction will meet a.m. to 4 p.m. to provide an overview determined that these Defense Science of the Fund’s program status and special from 9 a.m. until 5 p.m. on July 17, Board meetings, concern matters listed 2000, and from 9 a.m. until 2 p.m. on initiatives. in 5 U.S.C. 552b(c)(1) (1994), and that The meeting site is accessible to July 18, 2000. Time will be allocated for accordingly these meetings will be individuals with disabilities. An public comments by individuals or closed to the public. individual with a disability who will organizations. Dated: June 22, 2000. need an auxiliary aid or service to FOR FURTHER INFORMATION CONTACT: L.M. Bynum, participate in the meeting (e.g., RAND provides information about this interpreting service, assistive listening Panel on its web site at http:// Alternate OSD Federal Register Liaison Officer, Department of Defense. device or materials in an alternate www.rand.org/organization/nsrd/ format) should notify the contact person [FR Doc. 00–16259 Filed 6–27–00; 8:45 am] terrpanel; it can also be reached at (703) listed in this notice at least two weeks 413–1100 extension 5282. Public BILLING CODE 5001±10±M before the scheduled meeting date. comment presentations will be limited Although the Department will attempt to two minutes each and must be to meet a request received after that provided in writing prior to the meeting. DEPARTMENT OF EDUCATION date, the requested auxiliary aid or Mail written presentations and requests National Board of the Fund for the service may not be available because of to register to attend the open public Improvement of Postsecondary insufficient time to arrange it. session to: Priscilla Schlegel, RAND, Education, Department of Education Records are kept of all Board 1200 South Hayes Street, Arlington, VA proceedings, and are available for public 22202–5050. Public seating for this ACTION: Notice of meeting. inspection at the office of the Fund for meeting is limited, and is available on the Improvement of Postsecondary a first-come first-served basis. SUMMARY: This notice provides the Education, 8th Floor, 1990 K Street Dated: June 22, 2000. proposed agenda of a forthcoming N.W., Washington, D.C. 20006–8544 L.M. Bynum, meeting of the National Board of the from the hours of 8 a.m. to 4:30 p.m. Fund for the Improvement of OSD Federal Register Liaison Officer, A. Lee Fritschler, Department of Defense. Postsecondary Education. This notice also describes the functions of the Assistant Secretary for Postsecondary [FR Doc. 00–16260 Filed 6–27–00; 8:45 am] Board. Notice of this meeting is required Education. BILLING CODE 5601±10±M under Section 10(a)(2) of the Federal [FR Doc. 00–16268 Filed 6–27–00; 8:45 am] Advisory Committee Act. BILLING CODE 4000±01±M DEPARTMENT OF DEFENSE DATE AND TIME: July 24, 2000, 9:20 a.m. to 4 p.m. 0 DEPARTMENT OF EDUCATION Office of the Secretary ADDRESSES: Washington Monarch Hotel, 2401 M Street, NW., Washington, DC [CFDA NO: 84.031H and 84.031N] Defense Science Board Telephone: (202) 429–2400. Alaska Native and Native Hawaiian- FOR FURTHER INFORMATION CONTACT: ACTION: Notice of Advisory Committee Serving Institutions Program meeting. Sandra Newkirk, U.S. Department of Education, 1990 K Street N.W., Notice of reopening of Fiscal Year SUMMARY: The Defense Science Board Washington, D.C. 20006–8544. 2000 deadline dates for receipt of (DSB) Task Force on Unconventional Telephone: (202) 502–7500. Individuals applications for designation as eligible Nuclear Warfare Defense will meet in who use a telecommunication device for Alaska Native-Serving Institutions and closed session on July 10–11, 2000, at the deaf (TDD) may call the Federal for receipt of grant applications from
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Alaska Native-Serving Institutions; Access at: http://www.access.gpo.gov/nara/ Plant. Construction of the new soil correction. index.html staging area would impact On June 23, 2000 we published in the Program Authority: 20 U.S.C. 1059d. approximately a 0.03 acre isolated Federal Register (65 FR 39136–39137) wetland. The wetland is one of several (FR Doc. 00–15920) a notice to extend Dated: June 26, 2000. identified in the Delineation of Federal the deadline dates for receipt of A. Lee Fritschler, Wetlands and Other Waters of the U.S., applications for designation as eligible Assistant Secretary, Office of Postsecondary Miamisburg Environmental Alaska Native-Serving Institutions and Education. Management Project, August 1999. The for receipt of grant applications from [FR Doc. 00–16445 Filed 6–26–00; 12:32 pm] proposed action will result in negative, eligible Alaska Native-Serving BILLING CODE 4000±01±P long-term, and direct impacts from the Institutions. In that notice the date for excavation and filling of an isolated ‘‘Deadline for Transmittal of wetland of 0.03 acres. The affected Applications’’ requesting designation as DEPARTMENT OF ENERGY wetland would be excavated and filled an eligible Alaska Native-Serving with soil during the construction of a Institution and the Alaska Native- Notice of Wetland Involvement for drainage channel supporting a new soil Serving Institutions Certification Form Installation of a Soils Staging Area staging area. Best management practices (Appendix XIII in the application (Cell 2) at the Miamisburg will be utilized to avoid or minimize booklet) was stated incorrectly as June Environmental Management Project potential harm to or within the 28, 2000. This notice corrects that date surrounding environment (e.g., AGENCY: Department of Energy (DOE), to read ‘‘July 7, 2000.’’ The deadline for including, but not limited to, minimum Miamisburg Environmental transmittal of grant applications remains grading requirements, runoff controls, Management Project. July 28, 2000. and design and construction For Applications or Information ACTION: Notice of wetland involvement constraints). Contact: Darlene B. Collins, U.S. SUMMARY: This is to give notice of DOE’s Issued in Miamisburg, Ohio on June 16, Department of Education, 1990 K Street, proposal to construct a soil staging area 2000. NW., 6th Floor, Washington, D.C. at the Miamisburg Environmental Susan L. Smiley, 20006–8513. Telephone (202) 502–7777. NEPA Compliance Officer, Ohio Field Office. _ Management Project (MEMP), located E-mail: darlene [email protected] approximately ten (10) miles southwest [FR Doc. 00–16302 Filed 6–27–00; 8:45 am] If you use a telecommunications of Dayton, Ohio. The proposed activity BILLING CODE 6450±01±P device for the deaf (TDD), you may call would involve a small isolated wetland the Federal Information Relay Service in Montgomery County, Ohio. In (FIRS) at 1–800–877–8339. accordance with 10 CFR Part 1022, DEPARTMENT OF ENERGY Individuals with disabilities may Compliance with Floodplains/Wetlands Environmental Management (EM) Site- obtain this document in an alternative Environmental Review Requirements, format (e.g., Braille, large print, audio Specific Advisory Board (SSAB), DOE will prepare a Wetlands Fernald tape, or computer diskette) on request to Assessment and conduct the proposed the contact person listed in the action in such a manner as to avoid or AGENCY: Department of Energy. preceding paragraph. minimize potential harm to or within ACTION: Notice of open meeting. Individuals with disabilities may the surrounding environment. obtain a copy of the application package SUMMARY: This notice announces a DATES: Written comments must be in an alternative format by contacting meeting of the Environmental received by the DOE at the following that person. However, the Department is Management Site-Specific Advisory address on or before July 13, 2000. not able to reproduce in an alternative Board, (EM SSAB) Fernald. Federal format the standard forms included in ADDRESSES: For further information on Advisory Committee Act (Pub. L. No. the application package. this proposed action, including a site 92–463, 86 Stat. 770) requires that map and/or a copy of the Wetlands Electronic Access to This Document public notice of these meetings be Assessment, contact: Mr. Art Kleinrath, announced in the Federal Register. You may view this document, as well U. S. Department of Energy, Miamisburg DATES: Saturday, July 15, 2000: 8:30 as all other Department of Education Environmental Management Project, P. a.m.–12:00 p.m. documents published in the Federal O. Box 66, Miamisburg, OH 45343– ADDRESSES: DOE–Fernald Site, Large 0066. Register, in text or Adobe Portable Laboratory Conference Room, 7400 Phone: (937) 865–3597; Facsimile: Document Format (PDF) on the Internet Willey Road, Hamilton, OH 45013. at either of the following sites: (937) 865–4489. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: http://ocfo.ed.gov/fedreg.htm For Victoria Spriggs, Phoenix http://www.ed.gov/news.html further information on general DOE Environmental, 6186 Old Franconia wetland and floodplain environmental To use PDF, you must have Adobe Road, Alexandria, VA 22310, at (513) review requirements, contact: Ms. Carol Acrobat Reader Program, which is 648–6478. M. Borgstrom, Director, Office of NEPA available free at either of the previous SUPPLEMENTARY INFORMATION: Policy and Assistance, EH–42, U.S. sites. If you have questions about using Purpose of the Board: The purpose of Department of Energy, 1000 PDF, call the U.S. Government Printing the Board is to make recommendations Independence Avenue, SW, Office (GPO) toll free at 1–888–293– to DOE in the areas of environmental Washington, D.C. 20585. 6498; or in the Washington, DC, area at restoration, waste management, and Phone: (202) 586–4600 or 1–800–472– (202) 572–1530. related activities. 2756. Note: The official version of a document is Tentative Agenda the document published in the Federal SUPPLEMENTARY INFORMATION: The Register. Free Internet access to the official proposed activity would directly 8:30 a.m.—Call to order edition of the Federal Register and the Code support the ongoing environmental 8:30–8:45 a.m.—Chairs Remarks and of Federal Regulations is available on GPO remediation program at the Mound Announcements
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8:45–9:15 a.m.—Site Specific Advisory Board (EM SSAB), Savannah River. office at the address or telephone Boards’ Common Interests Statement Federal Advisory Committee Act (Pub. number listed above. Requests must be 9:15–9:45 a.m.—Discussion of 2001 L. 92–463, 86 Stat. 770) requires that received 5 days prior to the meeting and Budget and Impacts on Remediation public notice of these meetings be reasonable provision will be made to Schedule announced in the Federal Register. include the presentation in the agenda. 9:45–10:00 a.m.—Site Traffic Study DATES: Monday, July 24, 2000: 3:30 The Deputy Designated Federal Officer 10:00–10:15 a.m.—Break p.m–9:00 p.m.; Tuesday, July 25, 2000: is empowered to conduct the meeting in 10:15–11:00 a.m.—Native American 8:30 a.m.–4:00 p.m. a fashion that will facilitate the orderly Reinterment ADDRESSES: All meetings will be held at: conduct of business. Each individual 11:00–11:45 p.m.—Future of Fernald wishing to make public comment will Vision and Next Steps Sheraton Augusta Hotel, 2651 Perimeter Parkway, Augusta, GA 30909. be provided a maximum of 5 minutes to 11:45–12:00 p.m.—Public Comment present their comments. 12:00 p.m.—Adjourn FOR FURTHER INFORMATION CONTACT: Public Participation: The meeting is Gerri Flemming, Office of Minutes open to the public. Written statements Environmental Quality, Department of The minutes of this meeting will be may be filed with the Board chair either Energy Savannah River Operations available for public review and copying before or after the meeting. Individuals Office, P.O. Box A, Aiken, SC 29802 at the Freedom of Information Public who wish to make oral statements (803) 725–5374. Reading Room, 1E–190, Forrestal pertaining to agenda items should SUPPLEMENTARY INFORMATION: Building, 1000 Independence Avenue, contact the Board chair at the address or Purpose of the Board SW, Washington, DC 20585 between 9 telephone number listed below. a.m. and 4 p.m., Monday–Friday except Requests must be received five days The purpose of the Board is to make Federal holidays. Minutes will also be prior to the meeting and reasonable recommendations to DOE and its available by writing to Gerri Flemming, provision will be made to include the regulators in the areas of environmental Department of Energy Savannah River presentation in the agenda. The Deputy restoration, waste management and Operations Office, P.O. Box A, Aiken, Designated Federal Officer, Gary related activities. S.C. 29802, or by calling (803) 725– Stegner, Public Affairs Officer, Ohio Tentative Agenda 5374. Field Office, U.S. Department of Energy, Issued at Washington, DC on June 23, 2000. is empowered to conduct the meeting in Monday, July 24, 2000 Rachel Samuel, a fashion that will facilitate the orderly 3:30 p.m.—Administrative Committee conduct of business. Each individual 6:30 p.m.—Public Comment Session Deputy Advisory Committee Management Officer. wishing to make public comment will 7 p.m.—Committee Meetings be provided a maximum of five minutes 9 p.m.—Adjourn [FR Doc. 00–16300 Filed 6–27–00; 8:45 am] to present their comments. BILLING CODE 6450±01±P Minutes: The minutes of this meeting Tuesday, July 25, 2000 will be available for public review and 8:30 a.m. copying at the Freedom of Information Approval of Minutes, Agency Updates DEPARTMENT OF ENERGY Public Reading Room, 1E–190, Forrestal Public Comment Session Environmental Management Site- Building, 1000 Independence Avenue, Facilitator Update Specific Advisory Board, Paducah SW, Washington, DC 20585 between Waste Management Committee Report 9:00 a.m. and 4:00 p.m., Monday– Nuclear Materials Committee Report AGENCY: Department of Energy (DOE). Public Comment Friday, except Federal holidays. ACTION: Notice of open meeting. Minutes will also be available by 12 p.m. writing to the Fernald Citizens’ Lunch Break SUMMARY: This notice announces a Advisory Board, C/O Phoenix 1 p.m. meeting of the Environmental Environmental Corporation, MS 76, Post Strategic and Long-Term Issues Long Management Site-Specific Advisory Office Box 538704, Cincinnati, Ohio Term Stewardship Board (EM SSAB), Paducah. The 45253–8704, or by calling the Advisory Savannah River Site Budget Federal Advisory Committee Act (Pub. Board at (513) 648–6478. Prioritization Process L. 92–463, 86 Stat. 770) requires that Savannah River Site SSAB Statement Issued at Washington, DC on June 22, 2000. public notice of these meetings be of Principles announced in the Federal Register. Rachel Samuel, Radioactive Materials Transportation DATES: Thursday, July 20, 2000: 5:30 Deputy Advisory Committee Management Workshop Report p.m.–9 p.m. Officer. Administrative Committee Report [FR Doc. 00–16299 Filed 6–27–00; 8:45 am] Public Comments ADDRESSES: Paducah Information Age BILLING CODE 6450±01±P 4 p.m.—Adjourn Park Resource Center, 2000 McCracken If needed, time will be allotted after Boulevard, Paducah, Kentucky. public comments for items added to the OTHER INFORMATION CONTACT: John D. DEPARTMENT OF ENERGY agenda, and administrative details. A Sheppard, Site Specific Advisory Board final agenda will be available at the Coordinator, Department of Energy Environmental Management Site- meeting. Paducah Site Office, Post Office Box Specific Advisory Board, Savannah 1410, MS–103, Paducah, Kentucky River Public Participation 42001, (270) 441–6804. AGENCY: Department of Energy. The meeting is open to the public. SUPPLEMENTARY INFORMATION: ACTION: Notice of open meeting. Written statements may be filed with the Committee either before or after the Purpose of the Board SUMMARY: This notice announces a meeting. Individuals who wish to make The purpose of the Board is to make meeting of the Environmental oral statements pertaining to agenda recommendations to DOE and its Management Site-Specific Advisory items should contact Gerri Flemming’s regulators in the areas of environmental
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12. Carolina Power & Light Company Comment date: July 6, 2000, in Entergy), tendered for filing several [Docket No. ER00–2857–000] accordance with Standard Paragraph E amendments to the System Agreement at the end of this notice. to facilitate the introduction of retail Take notice that on June 15, 2000, competition in Arkansas and Texas on 15. TXU Energy Trading Company Carolina Power & Light Company January 1, 2002, and to provide for (CP&L) tendered for filing an executed [Docket No. ER00–2178–001] continued rough equalization of costs Service Agreement between CP&L and Take notice that on June 15, 2000, among the Operating Companies the following eligible buyer: El Paso TXU Energy Trading Company (TXU operating in Louisiana and Mississippi. Merchant Energy, L.P. Service to this ET), tendered for filing a compliance The System Agreement is a FERC- eligible buyer will be in accordance revised rate schedule to modify the approved rate schedule among ESI and with the terms and conditions of CP&L’s revised rate schedule included in TXU the Operating Companies providing for Market-Based Rates Tariff, FERC ET’s April 11, 2000 filing in Docket No. coordinated operation of the generation Electric Tariff No. 4, for sales of capacity ER00–2178–000, in compliance with the and bulk transmission facilities of the and energy at market-based rates. Commission’s June 2, 2000 order in that Operation Companies and the allocation CP&L requests an effective date of Docket. of benefits and costs among them. May 22, 2000 for this Service Copies of the filing were served on the Entergy states that it has served a copy Agreement. persons designated on the official of this filing on its retail regulators and Copies of the filing were served upon service list compiled by the Secretary in the Docket No. EL00–66–000 service the North Carolina Utilities Commission this proceeding. list. and the South Carolina Public Service Comment date: July 6, 2000, in Comment date: July 6, 2000, in Commission. accordance with Standard Paragraph E accordance with Standard Paragraph E Comment date: July 6, 2000, in at the end of this notice. at the end of this notice. accordance with Standard Paragraph E at the end of this notice. 16. Southwestern Public Service 19. Northern States Power Company Company (Minnesota); Northern States Power 13. PSEG Energy Resources & Trade Company (Wisconsin) LLC [Docket No. ER00–2850–000] Take notice that on June 15, 2000, [Docket No. ER00–2859–000] [Docket No. ER00–2858–000] Southwestern Public Service Company Take notice that on June 12, 2000, Take notice that on June 15, 2000, (Southwestern), tendered for filing its Northern States Power Company PSEG Energy Resources & Trade LLC proposed non-fuel and non-purchased (Minnesota) and Northern States Power (ER&T) of Newark, New Jersey, tendered power operations and maintenance Company (Wisconsin) (jointly NSP), for filing an agreement for the potential expense savings credits resulting from tendered for filing a Non-Firm and a long-term sale of capacity and energy to its merger with Public Service Company Short-Term Firm Point-to-Point Niagara Mohawk Power Corporation of Colorado required in its agreement Transmission Service Agreement pursuant to the ER&T Wholesale Power with Golden Spread Electric between NSP and Split Rock Energy Market Based Sales Tariff, on file with Cooperative, Inc. (Golden Spread) filed LLC. the Commission. in Docket No ER97–47–000. NSP requests that the Commission ER&T requests that the Service Comment date: July 6, 2000, in accept the Agreement effective June 2, Agreement be made effective May 19, accordance with Standard Paragraph E 2000, and requests waiver of the 2000. at the end of this notice. Commission’s notice requirements in Copies of the filing have been served order for the agreements to be accepted 17. Southwestern Public Service upon Niagara Mohawk Power for filing on the date requested. Company Corporation and the New York Public Comment date: July 6, 2000, in Service Commission. [Docket No. ER00–2853–000] accordance with Standard Paragraph E Comment date: July 6, 2000, in Take notice that on June 15, 2000, at the end of this notice. accordance with Standard Paragraph E Southwestern Public Service Company 20. Wisconsin Electric Power Company at the end of this notice. (Southwestern), tendered for filing its [Docket No. ER00–2860–000] 14. New York Independent System proposed non-fuel and non-purchased Operator, Inc. power operations and maintenance Take notice that on June 15, 2000, expense savings credit resulting from its Wisconsin Electric Power Company [Docket No. ER00–1969–001] merger with Public Service company of (Wisconsin Electric), tendered for filing Take notice that on June 15, 2000, the Colorado required in its agreement with short-term firm Transmission Service New York Independent System Farmers’ Electric Cooperative, Inc. Agreements and non-firm Transmission Operator, Inc. (NYISO), tendered for (Farmers) filed in Docket No ER97– Service Agreements between itself and filing Revisions to its Market 3901–000. Cargill-Alliant LLC (Cargill) and Administration and Control Area Comment date: July 6, 2000, in between Wisconsin Electric and Split Services Tariff in a compliance filing accordance with Standard Paragraph E Rock Energy LLC (SRE). The made pursuant to the order of the at the end of this notice. Transmission Service Agreements Federal Energy Regulatory Commission 18. Entergy Services, Inc. allows Cargill and SRE to receive in Docket No. ER00–1969–000 on May transmission services under Wisconsin 31, 2000. [Docket No. ER00–2854–000] Energy Corporation Operating The NYISO requests an effective date Take notice that on June 15, 2000, Companies’ FERC Electric Tariff, of May 31, 2000 and waiver of notice Entergy Services, Inc. (ESI) on behalf of Volume No. 1. requirements. the Entergy Operating Companies Wisconsin Electric requests an A copy of this filing was served upon (Entergy Arkansas, Inc., Entergy Gulf effective date coincident with its filing all persons who have signed the NYISO States, Inc., Entergy Louisiana, Inc., and waiver of the Commission’s notice Market Administration and Control Entergy Mississippi, Inc., and Entergy requirements in order to allow for Area Services Tariff. New Orleans, Inc.) (collectively, economic transactions as they appear.
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Copies of the filing have been served considered by the Commission in access. The proposed project is on an on Cargill, SRE, the Public Service determining the appropriate action to be arm of the Elk River in the Grand Lake Commission of Wisconsin and the taken, but will not serve to make O’ the Cherokees. Michigan Public Service Commission. protestants parties to the proceeding. l. Locations of the application: A copy Comment date: July 6, 2000, in Any person wishing to become a party of the application is available for accordance with Standard Paragraph E must file a motion to intervene. Copies inspection and reproduction at the at the end of this notice. of these filings are on file with the Commission’s Public Reference Room, Commission and are available for public 21. Alliant Energy Corporate Services, located at 888 First Street, NE, Room Inc. inspection. This filing may also be viewed on the Internet at http:// 2A, Washington, DC 20426, or by calling [Docket No. ER00–2861–000] www.ferc.fed.us/ online/rims.htm (call (202) 208–1371. The application may be Take notice that on June 15, 2000, 202–208–2222 for assistance). viewed on the web at www.ferc.fed.us. Alliant Energy Corporate Services, Inc. Call (202) 208–2222 for assistance. A tendered for filing an executed Service David P. Boergers, copy is also available for inspection and Agreement for short-term point-to-point Secretary. reproduction at the address in item h transmission service, establishing [FR Doc. 00–16270 Filed 6–27–00; 8:45 am] above. ∼ Gen Sys Energy. As a point-to-point BILLING CODE 6717±01±P m. Individuals desiring to be included Transmission Customer under the terms on the Commission’s mailing list should of the Alliant Energy Corporate DEPARTMENT OF ENERGY so indicate by writing to the Secretary Services, Inc., transmission tariff. of the Commission. Alliant Energy Corporate Services, Inc. requests an effective date of June 1, Federal Energy Regulatory Comments, Protests, or Motions to 2000, and accordingly, seeks waiver of Commission Intervene—Anyone may submit comments, a protest, or a motion to the Commission’s notice requirements. Notice of Amendment of License and intervene in accordance with the A copy of this filing has been served Soliciting Comments, Motions To upon the Illinois Commerce Intervene, and Protests requirements of Rules of Practice and Commission, the Minnesota Public Procedure, 18 CFR 385.210, .211, .214. Utilities Commission, the Iowa June 22, 2000. In determining the appropriate action to Department of Commerce, and the Take notice that the following take, the Commission will consider all Public Service Commission of hydroelectric application has been filed protests or other comments filed, but Wisconsin. with the Commission and is available only those who file a motion to Comment date: July 6, 2000, in for public inspection: intervene in accordance with the accordance with Standard Paragraph E a. Application Type: Non-Project Use Commission’s Rules may become a at the end of this notice. of Project Lands. party to the proceedings. Any 22. Consumers Energy Company b. Project No.: P–1494–210. comments, protests, or motions to c. Date Filed: June 6, 2000. intervene must be received on or before [Docket No. ER00–2862–000] d. Applicant: Grand River Dam Take notice that on June 15, 2000, Authority. the specified comment date for the Consumers Energy Company e. Name of Project: Pensacola Project. particular application. (Consumers), tendered for filing f. Location: The Pensacola Project is Filing and Service of Responsive executed transmission service located on the Grand (Neosho) River in Documents—Any filing must bear in all agreements with Sempra Energy Trading Craig, Delaware, Mayes, and Ottawa capital letters the title ‘‘COMMENTS’’, Corp. (Customer) pursuant to the Joint Counties, Oklahoma. This project does ‘‘RECOMMENDATIONS FOR TERMS Open Access Transmission Service not utilize Federal or Tribal lands. AND CONDITIONS’’, ‘‘PROTEST’’, OR Tariff filed on December 31, 1996 by g. Filed Pursuant to: Federal Power ‘‘MOTION TO INTERVENE’’, as Consumers and The Detroit Edison Act, 16 U.S.C. 791(a)–825(r). applicable, and the Project Number of Company (Detroit Edison). h. Applicant Contact: Bob Sullivan, the particular application to which the The agreements have effective dates of Grand River Dam Authority, P.O. Box filing refers. Any of the above-named 409, Vinita, OK 74301, (918) 256–5545. June 1, 2000. documents must be filed by providing Copies of the filed agreement were i. FERC Contact: Shannon Dunn at the original and the number of copies served upon the Michigan Public [email protected], or telephone provided by the Commission’s Service Commission, Detroit Edison, (202) 208–0853. and the Customer. j. Deadline for filing comments, regulations to: The Secretary, Federal Comment date: July 6, 2000, in motions, or protests: July 27, 2000. Energy Regulatory Commission, 888 accordance with Standard Paragraph E All documents (original and eight First Street, NE, Washington, DC 20426. at the end of this notice. copies) should be filed with: David P. A copy of any motion to intervene must Boergers, Secretary, Federal Energy also be served upon each representative Standard Paragraphs Regulatory Commission, 888 First of the Applicant specified in the E. Any person desiring to be heard or Street, NE, Washington, DC 20426. particular application. to protest such filing should file a Please include the project number P– Agency Comments—Federal, state, motion to intervene or protest with the 1494–209) on any comments, motions, and local agencies are invited to file Federal Energy Regulatory Commission, or protests filed. comments on the described application. 888 First Street, N.E., Washington, D.C. k. Description of Project: Grand River A copy of the application may be 20426, in accordance with Rules 211 Dam Authority, license for the and 214 of the Commission’s Rules of Pensacola Project, requests approval to obtained by agencies directly from the Practice and Procedure (18 CFR 385.211 grant permission to Darrell and Tracy Applicant. If an agency does not file and 385.214). All such motions or Fisher, to dredge approximately 5,831 comments within the time specified for protests should be filed on or before the cubic yards of material. The dredging filing comments, it will be presumed to comment date. Protests will be would deepen the cove for and boat have no comments. One copy of an
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Category NAICS code SIC codes Examples of potentially affected entities
FarmsÐagriculture production crops 0191 010 Pesticide applicator FarmsÐagriculture production animals 0291 020 Pesticide applicator Commercial exterminating services 561710 734 Pesticide applicator, pesticide dealers Administration of environmental quality pro- 924110 951 States, Federal Agencies, Indian Tribes grams Administration of general economic pro- 964 States, Federal Agencies, Indian Tribes grams Retail nurseries, lawn, and garden supply 111421, 444220 526 Pesticide dealers, pesticide applicator stores Miscellaneous nondurable goods (dealers) 4229 519 Pesticide dealers
This table is not intended to be This official record includes the electronically by e-mail to: ‘‘opp- exhaustive, but rather provides a guide documents that are physically located in [email protected],’’ or you can submit a for readers regarding entities likely to be the docket, as well as the documents computer disk as described in Units affected by this action. Other types of that are referenced in those documents. III.A.1. and 2. Do not submit any entities not listed in this table could The public version of the official record information electronically that you also be affected. The North American does not include any information consider to be CBI. Avoid the use of Industrial Classification System claimed as CBI. The public version of special characters and any form of (NAICS) codes and the Standard the official record, which includes encryption. Electronic submissions will Industrial Classification (SIC) codes are printed, paper versions of any electronic be accepted in WordPerfect 6.1/8.0 or provided to assist you and others in comments submitted during an ASCII file format. All comments in determining whether or not this action applicable comment period, is available electronic form must be identified by might apply to certain entities. If you for inspection in the Public Information docket control number OPP–00663. have questions regarding the and Records Integrity Branch (PIRIB), Electronic comments may also be filed applicability of this action to a Rm. 119, Crystal Mall #2, 1921 Jefferson online at many Federal Depository particular entity, consult the person Davis Hwy., Arlington, VA, from 8:30 Libraries. listed under ‘‘FOR FURTHER a.m. to 4 p.m., Monday through Friday, B. How Should I Handle CBI that I Want INFORMATION CONTACT.’’ excluding legal holidays. The PIRIB to Submit to the Agency? telephone number is (703) 305–5805. II. How Can I Get Additional Do not submit any information Information, Including Copies of this III. How Can I Respond to this Action? electronically that you consider to be Document and Other Related A. How and to Whom Do I Submit the CBI. You may claim information that Documents? Comments? you submit to EPA in response to this A. Electronically You may submit comments through document as CBI by marking any part or You may obtain electronic copies of the mail, in person, or electronically. To all of that information as CBI. this document, and certain other related ensure proper receipt by EPA, it is Information so marked will not be documents that might be available imperative that you identify docket disclosed except in accordance with electronically, from the EPA Internet control number OPP–00663 in the procedures set forth in 40 CFR part 2. Home Page at http://www.epa.gov/. On subject line on the first page of your In addition to one complete version of the Home Page select ‘‘Laws and response. the comment that includes any Regulations’’ and then look up the entry 1. By mail. Submit your comments to: information claimed as CBI, a copy of for this document under the ‘‘Federal Public Information and Records the comment that does not contain the Register—Environmental Documents.’’ Integrity Branch (PIRIB), Information information claimed as CBI must be You can also go directly to the Federal Resources and Services Division submitted for inclusion in the public Register listings at http://www.epa.gov/ (7502C), Office of Pesticide Programs version of the official record. fedrgstr/. (OPP), Environmental Protection Information not marked confidential Agency, 1200 Pennsylvania Ave., NW., will be included in the public version B. Fax-on-Demand Washington, DC 20460. of the official record without prior Using a faxphone call (202) 401–0527 2. In person or by courier. Deliver notice. If you have any questions about and select item 6081 for a copy of the your comments to: Public Information CBI or the procedures for claiming CBI, ICR. and Records Integrity Branch (PIRIB), please consult the person identified Information Resources and Services under ‘‘FOR FURTHER INFORMATION C. In Person Division (7502C), Office of Pesticide CONTACT.’’ The Agency has established an official Programs (OPP), Environmental C. What Should I Consider when I record for this action under docket Protection Agency, Rm. 119, Crystal Prepare My Comments for EPA? control number OPP–00663. The official Mall #2, 1921 Jefferson Davis Hwy., record consists of the documents Arlington, VA. The PIRIB is open from You may find the following specifically referenced in this action, 8:30 a.m. to 4 p.m., Monday through suggestions helpful for preparing your any public comments received during Friday, excluding legal holidays. The comments: an applicable comment period, and PIRIB telephone number is (703) 305– 1. Explain your views as clearly as other information related to this action, 5805. possible. including any information claimed as 3. Electronically. You may submit 2. Describe any assumptions that you Confidential Business Information (CBI). your comments and/or data used.
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3. Provide copies of any technical 3. Target pest(s). V. What are EPA’s Burden and Cost information and/or data you used that 4. Specific crop or commodity, as Estimates for this ICR? support your views. appropriate, and site, to which the Under the PRA, ‘‘burden’’ means the 4. If you estimate potential burden or pesticide was applied. total time, effort, or financial resources costs, explain how you arrived at the expended by persons to generate, estimate that you provide. 5. Year, month, day, and time of maintain, retain, or disclose or provide 5. Provide specific examples to application. information to or for a Federal Agency. illustrate your concerns. 6. Trade name and EPA registration For this collection it includes the time 6. Offer alternative ways to improve number of the pesticide applied. needed to review instructions; develop, the collection activity. 7. Amount of the pesticide applied 7. Make sure to submit your acquire, install, and utilize technology and percentage if active ingredient per and systems for the purposes of comments by the deadline in this unit of pesticide used. notice. collecting, validating, and verifying 8. To ensure proper receipt by EPA, 8. Type and amount of the pesticide information, processing and be sure to identify the docket control disposed of, method of disposal, date(s) maintaining information, and disclosing number and administrative record of disposal, and location of the disposal and providing information; adjust the number assigned to this action in the site. existing ways to comply with any subject line on the first page of your Commenters should identify whether previously applicable instructions and response. You may also provide the or not they are a commercial pesticide requirements; train personnel to be able name, date, and Federal Register applicator or firm and identify by to respond to a collection of citation. number, (e.g., 1, 2, 3, 4, 5, 6, 7, or 8) information; search data sources; those activities which the commenter complete and review the collection of D. What Information is EPA Particularly information; and transmit or otherwise Interested in? considers to be usual and customary business practices. disclose the information. Pursuant to section 3506(c)(2)(A) of The ICR provides a detailed the Paperwork Reduction Act (PRA), IV. What Information Collection explanation of this estimate, which is EPA specifically solicits comments and Activity or ICR Does this Action Apply only briefly summarized in this notice. information to enable it to: to? The annual public burden is estimated 1. Evaluate whether the proposed to be 1,285,865.16 hours. The following EPA is seeking comments on the collections of information are necessary is a summary of the estimates taken following ICR: for the proper performance of the from the ICR: functions of the Agency, including Title: Certification of Pesticide Respondents/affected entities: 57 whether the information will have Applicators. States, Federal Agencies, and Indian practical utility. ICR numbers: EPA ICR No. 0155.07, Tribes; 266 pesticide dealers, 48 2. Evaluate the accuracy of the OMB No. 2070–0029. applicators in Colorado and 412,922 commercial pesticide applicators and Agency’s estimates of the burdens of the ICR status: This is a renewal of an firms. proposed collections of information. existing ICR that is currently approved 3. Enhance the quality, utility, and Estimated total number of potential by OMB and is due to expire September clarity of the information to be respondents: 413,293. 30, 2000. An Agency may not conduct collected. Frequency of response: Once or sponsor, and a person is not required 4. Minimize the burden of the annually. to respond to a collection of information collections of information on those who Estimated total/average number of that is subject to the approval under the are to respond, including through the responses for each respondent: One. PRA, unless it displays a currently valid use of appropriate automated or Estimated total annual burden hours: OMB control number. The OMB control electronic collection technologies or 1,285,865.16 hours. numbers for EPA’s information other forms of information technology, Estimated total annual burden costs: collections appear on the collection e.g., permitting electronic submission of $20,118,111.96. instruments or instructions, in the responses. EPA’s Office of Pesticide Programs is Federal Register notices for related VI. Are There Changes in the Estimates specifically looking for comments rulemakings and ICR notices, and, if the from the Last Approval? related to business activities of the collection is contained in a regulation, The annual burden hours related to commercial pesticide applicators and in a table of OMB approval numbers in the activities of this ICR have increased firms sector. Specifically, EPA is 40 CFR part 9. from 997,222 hours to 1,285,865.16 looking information related to ‘‘usual Abstract: FIFRA allows EPA to hours. The significant increase is and customary’’ business practices. To classify a pesticide as ‘‘restricted use’’ if attributed to the increase in the number determine if the Agency has correctly the pesticide meets certain toxicity or of commercial applicators and firm calculated the respondent burden risk criteria. Restricted use pesticides, respondents, an increase of 82,922 estimated for this business sector, the because of their potential to harm respondents. There was no change in Agency would like information which persons or the environment, may be burden per response. identifies whether or not business applied only by a certified applicator or VII. What is the Next Step in the would collect the following information someone under the direct supervision of Process for this ICR? regardless of the Agency’s reporting a certified applicator. In order to requirements contained in 40 CFR become a certified applicator, a person EPA will consider the comments 171.11(c)(7)(i)(A)-(H). This information must meet certain standards of received and amend the ICR as includes: competency. Once approved by EPA, appropriate. The final ICR package will 1. Name and address of the person for participating States can implement a then be submitted to OMB for review whom the pesticide was applied. certified applicator program. In non- and approval pursuant to 5 CFR 2. Location of the pesticide participating States, EPA administers 1320.12. EPA will issue another Federal application. certification programs. Register notice pursuant to 5 CFR
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1320.5(a)(1)(iv) to announce the Services Division (7502C), Office of Food and Agricultural Policy, to submission of the ICR to OMB and the Pesticide Programs, Environmental information on all pesticide chemicals opportunity to submit additional Protection Agency, 1200 Pennsylvania is necessary for the performance of this comments to OMB. If you have any Ave., NW., Washington, DC 20460; contract. questions about this ICR or the approval telephone number: 703–305–7248; e- Some of this information may be process, please contact the person listed mail address: [email protected]. entitled to confidential treatment. The under ‘‘FOR FURTHER INFORMATION SUPPLEMENTARY INFORMATION: information has been submitted to EPA CONTACT.’’ I. General Information under sections 3, 4, 6, and 7 of FIFRA List of Subjects and under sections 408 and 409 of A. Does this Action Apply to Me? Environmental protection, Reporting FFDCA. and recordkeeping requirements. This action applies to the public in In accordance with the requirements general. As such, the Agency has not of 40 CFR 2.307(h)(2), the contract with Dated: June 20, 2000. attempted to describe all the specific ABT Associates, Inc. and its Susan H. Wayland, entities that may be affected by this Acting Assistant Administrator for action. If you have any questions subcontractors, Chemical Information Prevention, Pesticides and Toxic Substances. regarding the applicability of this action Services, Inc. and National Center for [FR Doc. 00–16220 Filed 6–27–00; 8:45 am] to a particular entity, consult the person Food and Agricultural Policy, prohibits BILLING CODE 6560±50±F listed under ‘‘FOR FURTHER use of the information for any purpose INFORMATION CONTACT.’’ not specified in the contract; prohibits disclosure of the information to a third ENVIRONMENTAL PROTECTION B. How Can I Get Additional party without prior written approval AGENCY Information, Including Copies of this from the Agency; and requires that each Document and Other Related [OPP±100157; FRL±6594±4] official and employee of the contractor Documents? sign an agreement to protect the ABT Associates, Inc., Chemical You may obtain electronic copies of information from unauthorized release Information Services, Inc., and this document, and certain other related and to handle it in accordance with the National Center for Food and documents that might be available FIFRA Information Security Manual. In Agricultural Policy; Transfer of Data electronically, from the EPA Internet addition, ABT Associates, Inc. and its Home Page at http://www.epa.gov/. To subcontractors, Chemical Information AGENCY: Environmental Protection access this document, on the Home Page Agency (EPA). Services, Inc. and National Center for select ‘‘Laws and Regulations’’ and then Food and Agricultural Policy, are ACTION: Notice. look up the entry for this document required to submit for EPA approval a under the ‘‘Federal Register— SUMMARY: This notice announces that security plan under which any CBI will Environmental Documents.’’ You can pesticide related information submitted be secured and protected against also go directly to the Federal Register to EPA’s Office of Pesticide Programs unauthorized release or compromise. No listings at http://www.epa.gov/fedrgstr/. (OPP) pursuant to the Federal information will be provided to ABT Insecticide, Fungicide, and Rodenticide II. Contractor Requirements Associates, Inc. and its subcontractors, Act (FIFRA) and the Federal Food, Drug, EPA’s Office of Pesticide Programs Chemical Information Services, Inc. and and Cosmetic Act (FFDCA), including (OPP) is restructuring the fees charged National Center for Food and information that may have been claimed to pesticide registrants to establish Agricultural Policy, until the as Confidential Business Information pesticide tolerances under the Tolerance requirements in this document have (CBI) by the submitter, will be tranferred Fee Rule. The rule will assess tolerance been fully satisfied. Records of to ABT Associates, Inc. and its fees for some chemicals that were information provided to ABT subcontractors, Chemical Information previously exempt from tolerance fees, Associates, Inc. and its subcontractors, Services, Inc. and National Center for and there are some existing tolerances Chemical Information Services, Inc. and Food and Agricultural Policy, in that will be assessed fees retroactively. National Center for Food and accordance with 40 CFR 2.307(h)(3) and Under Contract No. 68–W6–0040, Agricultural Policy, will be maintained 2.308(i)(2). ABT Associates, Inc. and its ABT Associates, Inc. and its by EPA Project Officers for this contract. subcontractors, Chemical Information subcontractors, Chemical Information All information supplied to ABT Services, Inc. and National Center for Services, Inc. and National Center for Food and Agricultural Policy, have been Associates, Inc. and its subcontractors, Food and Agricultural Policy, will Chemical Information Services, Inc. and awarded a contract to perform work for perform broad professional and expert OPP, and access to this information will National Center for Food and support by providing an analysis Agricultural Policy, by EPA for use in enable ABT Associates, Inc. and its calculating the economic impacts of the subcontractors, Chemical Information connection with this contract will be proposed rule on the pesticide industry returned to EPA when ABT Associates, Services, Inc. and National Center for (including manufacturers of inert Inc. and its subcontractors, Chemical Food and Agricultural Policy, to fulfill materials). The analysis will include the Information Services, Inc. and National the obligations of the contract. calculations of the fee-based costs of the DATES: ABT Associates, Inc. and its rule in terms of the number of tolerance Center for Food and Agricultural Policy, subcontractors, Chemical Information petitions at each fee level, as well as an have completed their work. Services, Inc. and National Center for analysis of the economic impact of these List of Subjects Food and Agricultural Policy, will be costs on the various industry segments given access to this information on or bearing the costs. Environmental protection, Business before July 3, 2000. The OPP has determined that access and industry, Government contracts, FOR FURTHER INFORMATION CONTACT: By by ABT Associates, Inc. and its Government property, Security mail: Erik R. Johnson, FIFRA Security subcontractors, Chemical Information measures. Officer, Information Resources and Services, Inc. and National Center for
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Dated: June 19, 2000. Protection Agency, 1200 Pennsylvania available for inspection in the Public Richard D. Schmitt, Ave., NW., Washington, DC 20460; Information and Records Integrity Acting Director, Information Resources and telephone number: (703) 308–8004; and Branch (PIRIB), Rm. 119, Crystal Mall Services Division, Office of Pesticide e-mail address: [email protected]. #2, 1921 Jefferson Davis Hwy., Programs. SUPPLEMENTARY INFORMATION: Arlington, VA, from 8:30 a.m. to 4 p.m., [FR Doc. 00–16369 Filed 6–27–00; 8:45 am] Monday through Friday, excluding legal I. General Information BILLING CODE 6560±50±F holidays. The PIRIB telephone number A. Does this Action Apply to Me? is (703) 305–5805. ENVIRONMENTAL PROTECTION This action is directed to the public II. How Can I Respond to this Action? AGENCY in general, nevertheless, a wide range of stakeholders will be interested in A. How and to Whom Do I Submit [OPP±34230; FRL±6595±3] obtaining the risk assessments for Comments? oxamyl, terrazole, and triallate, You may submit comments through Pesticides; Availability of Risk including environmental, human health, the mail, in person, or electronically. To Assessments and agricultural advocates; the chemical ensure proper receipt by EPA, it is AGENCY: Environmental Protection industry; pesticide users; and members imperative that you identify docket Agency (EPA). of the public interested in the use of control number for the specific chemical pesticides on food. Since other entities of interest in the subject line on the first ACTION: Notice. also may be interested, the Agency has page of your response. SUMMARY: This notice announces the not attempted to describe all the specific 1. By mail. Submit comments to: availability of risk assessments that entities that may be affected by this Public Information and Records were developed as part of the EPA’s action. If you have any questions Integrity Branch, Information Resources process for making Reregistration regarding the applicability of this action and Services Division (7502C), Office of Eligibility Decisions (REDs) for to a particular entity, consult the person Pesticide Programs, Environmental pesticides and for tolerance listed under ‘‘FOR FURTHER Protection Agency, 1200 Pennsylvania reassessments consistent with the INFORMATION CONTACT.’’ Ave., NW., Washington, DC 20460. Federal Food, Drug, and Cosmetic Act 2. In person or by courier. Deliver B. How Can I Get Additional comments to: Public Information and (FFDCA), as amended by the Food Information, Including Copies of this Quality Protection Act of 1996 (FQPA). Records Integrity Branch, Information Document and Other Related Resources and Services Division, Office These risk assessments are the human Documents? health and ecological risk assessments of Pesticide Programs, Environmental and related documents for oxamyl, 1. Electronically. You may obtain Protection Agency, Rm. 119, Crystal terrazole, and triallate. These risk electronic copies of this document, and Mall #2, 1921 Jefferson Davis Hwy., assessments are being released to the certain other related documents that Arlington, VA. The PIRIB is open from public as part of the joint initiative might be available electronically, from 8:30 a.m. to 4 p.m., Monday through between EPA and the Department of the EPA Internet Home Page at http:// Friday, excluding legal holidays. The Agriculture (USDA) to strengthen www.epa.gov/. On the Home Page select PIRIB telephone number is (703) 305– stakeholder involvement and help ‘‘Laws and Regulations’’ and then look 5805. ensure decisions made under FQPA are up the entry for this document under 3. Electronically. Submit electronic transparent and based on the best the ‘‘Federal Register—Environmental comments by e-mail to: ‘‘opp- available information. The tolerance Documents.’’ You can also go directly to [email protected],’’ or you can submit a reassessment process will ensure that the Federal Register listings at http:// computer disk as described in this unit. the United States continues to have the www.epa.gov/fedrgstr/. In addition, Do not submit any information safest and most abundant food supply. copies of the pesticide risk assessments electronically that you consider to be released to the public may also be CBI. Electronic comments must be DATES: The risk assessments and related accessed at http: www.epa.gov/ submitted as an ASCII file, avoiding the documents are available in the OPP pesticides. use of special characters and any form Docket. While there is no formal public 2. In person. The Agency has of encryption. Comments and data will comment period, the Agency will accept established an official record for this also be accepted on standard computer comments on the risk assessment action under docket control numbers disks in WordPerfect 6.1/8.0 or ASCII documents. Comments submitted OPP–34227 for oxamyl, OPP–34229 for file format. All comments in electronic within the first 30 days are most likely terrazole, and OPP–34226 for triallate. form must be identified by the docket to be considered. The official record consists of the control number of the chemical of ADDRESSES: Comments may be documents specifically referenced in specific interest. Electronic comments submitted by mail, electronically, or in this action, and other information may also be filed online at many Federal person. Please follow the detailed related to this action, including any Depository Libraries. instructions for each method as information claimed as Confidential provided in Unit II. of the Business Information (CBI). This official B. How Should I Handle CBI ‘‘SUPPLEMENTARY INFORMATION.’’ record includes the documents that are Information that I Want to Submit to the To ensure proper receipt by EPA, it is physically located in the docket, as well Agency? imperative that you identify docket as the documents that are referenced in Do not submit any information control number of the chemical of those documents. The public version of electronically that you consider to be specific interest in the subject line on the official record does not include any CBI. You may claim information that the first page of your response. information claimed as CBI. The public you submit to EPA in response to this FOR FURTHER INFORMATION CONTACT: version of the official record, which document as CBI by marking any part or Karen Angulo, Special Review and includes printed, paper versions of any all of that information as CBI. Reregistration Division (7508W), Office electronic comments submitted during Information so marked will not be of Pesticide Programs, Environmental an applicable comment period is disclosed except in accordance with
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Online Privacy Protection Rule, 16 CFR on the Commission’s website, DEPARTMENT OF HEALTH AND 312.10.
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Michigan: Detroit (Lapeer, Macomb, Washington: King County; Contact: 3. Work with the health department to Monroe, Oakland, St. Clair, Wayne); Karen Hartfield, 206–296-4649; e-mail: meet their training standards if your Contact: Loretta Davis-Satterla, 517– [email protected]. organization’s staff needs training in 335–9673. Wisconsin: Milwaukee City, Contact: how to do HIV prevention counseling, Louisiana: New Orleans (Jefferson, Kathleen Krchnavek, 608–267–3583; e- testing, and referral. You must follow Orleans, Plaquemines, St. Bernard, St. mail: [email protected]. the health department’s guidelines. Charles, St. James, St. John the Baptist, In those locations where there are Working With the Health Department St. Tammany); Contact: Daphne LeSage Prevention for HIV-Infected Persons 504–568–7474; e-mail: HIV prevention counseling, testing, (PHIP) Demonstration Projects, funded [email protected]. and referral are complicated program organizations will be asked to work in Tennessee/Arkansas/Mississippi: activities with important legal, medical, collaborative relationship with the Memphis-Arkansas-Mississippi and ethical implications. Health health department-funded PHIP project. (Crittenden, AR; DeSoto, MS; Fayette, departments have been providing these The jurisdictions funded under the Shelby, Tipton, TN); Contact: services since the mid 1980s. During PHIP project include California, Tennessee: Richard E. Cochran, 615– these years, they have developed Maryland, Wisconsin, the City of San 741–7764; e-mail: policies, procedures, guidelines, and Francisco, and Los Angeles County. [email protected]; Arkansas: performance standards for counseling, CDC will assist you in making contact John Chmielewski, 501–661–2666; e- testing, and referral that are responsive with these PHIP projects. mail: to the specific laws and other issues in Note: You can only submit one application. [email protected]; their state. Health departments have a If you apply alone and as part of a group, Mississippi: Craig Thompson, 601–576– legal responsibility to ensure adherence your application will not be considered and to these policies, procedures, will be returned to you. Your organization 7711; e-mail: can apply for this funding even if you are [email protected]. guidelines, and performance standards. currently receiving funding from CDC; Missouri/Illinois: St. Louis-Illinois If you receive funding under this however, you must still meet all of the (Clinton, Jersey, Madison, Monroe, St. announcement, you are required to requirements above. Clair, IL; Franklin, Jefferson, Lincoln, St. work with the health department that is Note: Your application will not be Charles, St. Louis, Warren, St. Louis located in your area. CDC will help you considered for funding if it (1) does not meet city, MO); Contact: Missouri: Mary establish this partnership. The following any one of the items listed above, (2) asks for Menges, 573–751–6141; e-mail: lists what you must do as an applicant funds to support only administrative and not [email protected]; and if you are selected for funding. program implementation costs, or (3) asks for Illinois: Sharon Pierce, 217–524–5983; Applicant: more than $250,000, including indirect costs. [email protected]. 1. Talk with the health department No organization will receive more than $250,000 for the first year. Also, public Law Ohio: Cleveland-Lorain-Elyria about the details of your proposed 104–65 states that an organization described (Ashtabula, Cuyahoga, Geauga, Lake, counseling, testing and referral in section 501(c)(4) of the Internal Revenue Lorain, Medina); Contact: Lee Evans, procedures, and research the health Code of 1986 that engages in lobbying 614–644–1850; e-mail: department’s policies and guidelines for activities is not eligible to receive Federal [email protected] these services. Your proposed program funds constituting an award, grant, South Carolina: Columbia (Lexington, should be responsive to these cooperative agreement, contract, loan, or any Richland); Contact: Linda Kettinger, requirements. other form. 803–898–0625; e-mail: 2. Include in your application a letter C. Availability of Funds [email protected]. of support from the health department showing you have discussed with them How Much Money Is Available? High Syphilis Counties the details of your proposed counseling, About $8 million is available for Arizona: Maricopa County; Contact: testing, and referral activities and that awards for fiscal year 2000. Those CBOs Ann Gardner or Lee Connelly, 602–230– you agree to follow the health who are selected will receive funding in 5819; e-mails: [email protected]; department’s guidelines for all of these September 2000. The funds are to be [email protected]. services (examples include, but are not used during a budget time frame of 12 Indiana: Marion County; Contact: limited to informed consent, months. Michael Butler, 317–233-7867; e-mail: anonymous versus confidential testing, Note: Funding estimates may change based [email protected]. training of counselors, confidentiality, on the availability of funds. Kentucky: Jefferson County; Contact: surveillance reporting, laboratory Your organization’s project may be Gary Kupchinsky, 502–564–6539; e- processing). continued for a total of 4 years (that is mail: [email protected]. If Funded: to say, 2000, 2001, 2002, 2003) under Mississippi: Hinds County, Contact: 1. Obtain an official memorandum of this agreement. Funding at the same Craig Thompson, 601–576-7711; e-mail: agreement with the health department. level after the first year is based on the [email protected]. 2. Report to the health department on amount of funds available to CDC and North Carolina: Guilford and your activities. The health department your success and/or progress in meeting Mecklenburg Counties; Guilford: Harold will have the forms you need. your goals and objectives. You must Gabel, 336–373–3283; e-mail: Information you need to gather will keep track of your successes by writing [email protected]; generally include the following, but may reports and sending them to CDC. Also, Mecklenburg: Peter Safer, 704–336– vary between health departments: state, CDC staff may visit your organization to 4700; [email protected]. site type, site number, date of visit, sex, learn about your activities. When asking Oklahoma: Oklahoma City; Contact: race/ethnicity, age, reason for visit, risk for subsequent funding, you must again Bill Pierson, 405–271-4636; e-mail: for HIV infection, whether client show CDC that you still meet the [email protected]. accepted testing, results of test, whether requirements stated under ‘‘Who Can Virginia: Danville City; Contact: post-test counseling occurred, date of Apply?’’ Teresa Henry, 804–371–4119; e-mail: post-test counseling and state, county, CDC is committed to working with [email protected]. and zip code of client residence. CBOs in these activities and to ensuring
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c. Check on whether staff are privacy, and compliance with other 2. Use the abbreviation N/A (not following guidelines on testing methods requirements that apply to your applicable), if a section does not apply and laboratory processing. organization. to your application. d. Determine if objectives, as defined E. Application Content 3. Include all information that is part in your application, are being met. of the basic plan (for example, activity e. Find out if persons who test What Do I Include in My Application timetables, staff program positive for HIV infection returned to and How Should It Look? responsibilities, evaluation plans) in the get their test results. main section of the application. Note: Applications that do not follow the f. Know if your services are meeting Note: Your application will be reviewed the needs of the target population. instructions and format below will be returned without being reviewed. based on the answers you give to these Surveys and focus groups are a good questions. To be sure you get the best review way to collect this information from Application Instructions of your application, follow the format your clients. provided below when writing your g. Gather information required by the For your application to be considered application. Please answer all questions with health department that covers each for funding, you must include all of the complete sentences that provide detailed episode of HIV prevention counseling following parts of the proposal: (1) information about your eligibility and and testing you provide. Following is Table of Contents; (2) How Do I Show proposed activities. Do not put basic the type of information that should be My Eligibility?; (3) What Do I Include in information in attachments. the Abstract?; (4) How Do I Write My included: state, site type, site number, How Do I Show My Eligibility? date of visit, gender, race/ethnicity, age, Proposal? (Narrative); (5) Justification of reason for visit, risk for HIV infection, Need (20 points; 6 pages); (6) Program In this section, give us information whether client accepted testing, results Activities (40 points; 15 pages); (7) about your organization. For example, of test, whether post-test HIV prevention Training, Quality Assurance, and your non-profit, tax exempt status; counseling occurred, date of post-test Program Monitoring and Evaluation (25 target population; goals; and location of HIV prevention counseling and state, points; 8 pages); (8) Organization your office and proposed target area county, and zip code of client residence. History and Experiences (15 points; 6 within the 40 MSAs with the highest pages); and (9) How Much Will Your prevalence of AIDS for 1998 or the high CDC Activities—How Will CDC Help? Proposed Program Cost (Budget). syphilis areas as of 1999 (see B. Who If you are selected for funding, CDC Format Guidelines Can Apply for a list of MSAs and high will support you by: syphilis counties). This will let us know 1. Providing assistance and You must: if you are eligible. consultation on program and 1. Include page numbers throughout You must answer all of the following administrative issues through its your application. Begin with the first questions and provide any documents partnerships with health departments, page and number each page through to requested. If you do not provide all the national and regional minority the last page of the last attachment. materials requested, your application organizations, contractors, and other 2. Have a Table of Contents for the will not be reviewed and will be national and local organizations. whole package you send in. returned to you. Place the documents at 3. Begin each separate section of your 2. Meeting with you to find out what the end of your application answers for application on a new page. your training needs are and working this section. Do not place these with you to ensure those needs are met. 4. Not staple or bind the original document submission or the two (2) documents with the attachments that Note: CDC will work with state and local you will include at the end of your health departments to provide training either copies. 5. Type all materials in a 12 point application. directly or through its network of HIV/STD 1. Is your organization located within prevention training centers. This service is type size, single spaced. available to persons who supervise, manage, 6. Use 81⁄2 x 11 paper. and serving one of the MSAs with the and perform partner counseling and referral 7. Set the margins at a minimum of 1 highest prevalence of reported AIDS and other outreach activities and for staff inch. cases as of 1998 or one of the counties who provide direct patient care. 8. Use headers and footers, as needed. or cities with the highest syphilis cases 3. Sharing the most up-to-date 9. Type on one side of the paper only. as of 1999? If yes, which one? 2. Does your organization have a scientific information on risk factors for Content Guidelines HIV infection and prevention measures, current, valid Internal Revenue Service and successful program strategies to The sections that follow give you the (IRS) 501(c)(3) non-profit status? help prevent HIV infection. questions you have to answer to Note: If you answer yes, you must attach 4. Providing assistance and correctly prepare your application. a copy of the determination letter from the information if you choose to use the There are four sections: IRS at the end of this section. If your answer new rapid test technologies. 1. How Do I Show My Eligibility? is no, you are not eligible to submit an 5. Helping you establish partnerships 2. What Do I Include in the Submission application. with state and local health departments, Form? 3. Has your organization provided community planning groups, and other 3. How Do I Write My Proposal (Narrative)? HIV prevention or care services to the groups who receive federal funding to 4. How Much Will My Proposed Program population you plan to target for two support HIV/AIDS activities. Cost and How Many Staff Do I Need? years or more? 6. Making sure that successful When answering the questions below, Note: Attach to the end of this section a list prevention interventions, program you must: of the HIV prevention or care services your models, and lessons learned are shared 1. Label each section, as indicated organization has provided to the proposed between grantees through meetings, below, using the section title (for target population and the time period during workshops, conferences, newsletter example, How Do I Show My which each type of service was provided (for development, Internet, and other Eligibility?) and, when appropriate, the example, street outreach, July 1996-present). avenues of communication. name of the subsection (for example 4. Does your organization have an 7. Overseeing your success in program How Do I Write My Proposal executive board or governing body with and fiscal activities, protection of client [Narrative], Justification of Need). more than half of its members belonging
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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND species, are categorically excluded from HUMAN SERVICES HUMAN SERVICES the requirement to prepare an environmental assessment or an Centers for Disease Control and Food and Drug Administration environmental impact statement when Prevention the drug has been approved for use in Ceftiofur Sodium Injection for Goats; another or the same species where Availability of Data Disease, Disability, and Injury similar animal management practices Prevention and Control Special AGENCY: Food and Drug Administration, are used. The categorical exclusion Emphasis Panel (SEP): NORA HHS. applies unless, as in § 25.21 (21 CFR Exploratory/Development Grants ACTION: Notice. 25.21), extraordinary circumstances Program (R21), RFA±OH±00±006 exist which indicate that the proposed SUMMARY: The Food and Drug action may significantly affect the In accordance with section 10(a)(2) of Administration (FDA) is announcing the quality of the human environment. the Federal Advisory Committee Act availability of effectiveness, target Therefore, based upon information (Pub. L. 92–463), the Centers for Disease animal safety, and human food safety available, FDA agrees that when the Control and Prevention (CDC) data that may be used in support of a application is submitted, the applicant announces the following meeting. new animal drug application (NADA) or supplemental NADA for veterinary may claim a categorical exclusion under Name: Disease, Disability, and Injury prescription use of ceftiofur sodium § 25.33(d)(4) provided that the applicant Prevention and Control Special Emphasis injection for treatment of bacterial can state that to the best of the Panel (SEP): National Occupational Research pneumonia in goats. The data, applicant’s knowledge, as in § 25.21, no Agenda Exploratory/Development Grants contained in Public Master File (PMF) extraordinary circumstances exist. It is Program (R21), RFA–OH–00–006. 5671, were compiled under National assumed that the applicant has made a Times and Dates: Noon–12:30 p.m., July Research Support Project-7 (NRSP–7), a reasonable effort to determine that no 11, 2000 (Open). 12:30 p.m.–5 p.m., July 11, national agricultural research program extraordinary circumstances exist. 2000 (Closed). 8 a.m.–Noon, July 12, 2000 (Closed). for obtaining clearances for use of new Sponsors of NADA’s or supplemental Place: Embassy Suites, 1900 Diagonal drugs in minor animal species and for NADA’s may, without further Road, Alexandria, Virginia 22314. special uses. authorization, reference the PMF to Status: Portions of the meeting will be ADDRESSES: Submit NADA’s or support approval of an application filed closed to the public in accordance with supplemental NADA’s to the Document under § 514.1(d). An NADA or provisions set forth in section 552b(c)(4) and Control Unit (HFV–199), Center for supplemental NADA must include, in (6), Title 5 U.S.C., and the Determination of Veterinary Medicine, Food and Drug addition to reference to the PMF, animal the Associate Director for Management and Administration, 7500 Standish Pl., drug labeling and other information Rockville, MD 20855. Operations, CDC, pursuant to Public Law 92– needed for approval, such as: Data 463. FOR FURTHER INFORMATION CONTACT: supporting extrapolation from a major Matters to be Discussed: The meeting will Naba K. Das, Center for Veterinary species in which the drug is currently include the review, discussion, and Medicine (HFV–133), Food and Drug approved or authorized reference to evaluation of applications received in Administration, 7500 Standish Pl., such data; data concerning response to RFA–OH–00–006. Rockville, MD 20855, 301–827–7569. manufacturing methods, facilities, and This notice is published less than 15 days SUPPLEMENTARY INFORMATION: Ceftiofur controls; and information addressing in advance of the meeting due to sodium injection, used for the treatment potential environmental impacts of the administrative delays. of goats for bacterial pneumonia, is a manufacturing process. Persons desiring Contact person for more Information: new animal drug under section 201(v) of Michael J. Galvin, Jr., Ph.D., Health Science the Federal Food, Drug, and Cosmetic more information concerning the PMF Administrator, Centers for Disease Control Act (the act) (21 U.S.C. 321(v)). As a or requirements for approval of an and Prevention, National Institute for new animal drug, ceftiofur sodium is NADA or supplement may contact Naba Occupational Safety and Health, 1600 Clifton subject to section 512 of the act (21 K. Das (address above). Road, N.E., m/s D30 Atlanta, Georgia 30333. U.S.C. 360b), requiring that its uses in In accordance with the freedom of Telephone 404/639–3525, e-mail goats be the subject of an approved information provisions of 21 CFR part [email protected]. NADA or supplemental NADA. Goats 20 and 514.11(e)(2)(ii), a summary of The Director, Management Analysis and are a minor species under safety and effectiveness data and Services office has been delegated the § 514.1(d)(1)(ii) (21 CFR 514.1(d)(1)(ii)). authority to sign Federal Register notices information submitted to support The NRSP–7 Project, Western Region, approval of this application may be seen pertaining to announcements of meetings and University of California, Davis, CA other committee management activities, for in the Dockets Management Branch 95616, has provided target animal (HFA–305), Food and Drug both the Centers for Disease Control and safety, effectiveness, and human food Prevention and the Agency for Toxic Administration, 5630 Fishers Lane, rm. safety data for veterinary prescription Substances and Disease Registry. 1061, Rockville, MD 20852, between 9 use of ceftiofur sterile powder for a.m. and 4 p.m., Monday through reconstitution and injection in goats for Dated: June 21, 2000. Friday. treatment of bacterial pneumonia due to Carolyn J. Russell, Pasteurella (Mannheimia) haemolytica Dated: June 19, 2000. Director, Management Analysis and Services and P. multocida. These data are Stephen F. Sundlof, Office, Centers for Disease Control and contained in PMF 5671. Director, Center for Veterinary Medicine. Prevention CDC. Under 21 CFR 25.15(d) and [FR Doc. 00–16293 Filed 6–27–00; 8:45 am] [FR Doc. 00–16279 Filed 6–27–00; 8:45 am] § 25.33(d)(4) (21 CFR 25.33(d)(4)), BILLING CODE 4163±19±P sponsors of NADA’s and supplemental BILLING CODE 4160±01±F NADA’s for drugs in minor species, including wildlife and endangered
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DEPARTMENT OF HEALTH AND development of drug and biological The Office of Communication, Training HUMAN SERVICES products intended to treat venous stasis and Manufacturers Assistance (HFM– ulcers, diabetic foot ulcers, pressure 40), Food and Drug Administration ulcers, and burn wounds. The draft Center for Biologics Evaluation and [Docket No. 00D±1318] guidance contains recommendations Research, about labeling claims, outcome Food and Drug Administration, Draft Guidance for Industry on Chronic measures, trial design, and special 1401 Rockville Pike, Cutaneous Ulcer and Burn WoundsÐ considerations for preclinical Rockville, MD 20852–1448, Developing Products for Treatment; development. CBER Voice Information System: 1– Availability Extensive discussions were held 800–835–4709 or 301–827–1800 during two advisory committee Fax: 1–888–CBER–FAX or 301–827– AGENCY: Food and Drug Administration, meetings in July and November 1997 3844; HHS. about the treatment of ulcers and burns. Or ACTION: Notice. In response to requests from industry, The Division of Small Manufacturers the agency has developed this draft Assistance (HFZ–220), SUMMARY: The Food and Drug guidance. The comments received from Center for Devices and Radiological Administration (FDA) is announcing the industry, professional societies, and Health, availability of a draft guidance for consumer groups represented at those Food and Drug Administration, industry entitled ‘‘Chronic Cutaneous meetings have been taken into 1350 Piccard Dr., Ulcer and Burn Wounds—Developing consideration in drafting this guidance. Rockville, MD 20850, Products for Treatment.’’ This draft This draft guidance is being issued Phone: 800–638–2041, document is intended to provide consistent with FDA’s good guidance E-mail: [email protected], guidance on the development of drug practices (62 FR 8961, February 27, Fax: 1–301–443–8818, and biological products intended to 1997). The draft guidance represents the Facts-On-Demand: 800–899–0381. treat venous stasis ulcers, diabetic foot agency’s current thinking on clinical An electronic version of the draft ulcers, pressure ulcers, and burn development of products for the guidance also is available via the wounds. The draft guidance contains treatment of chronic cutaneous ulcer Internet at CDER’s Internet site at http:/ recommendations about labeling claims, and burn wounds. It does not create or /www.fda.gov/cder/guidance/index.htm outcome measures, trial design, and confer any rights for or on any person or at CBER’s Internet site at http:// special considerations for preclinical and does not operate to bind FDA or the www.fda.gov/cber/guidelines.htm. development. public. An alternative approach may be Dated: June 16, 2000. DATES: Submit written comments on the used if such approach satisfies the Margaret M. Dotzel, draft guidance by August 28, 2000. requirements of the applicable statutes, Associate Commissioner for Policy. General comments on agency guidance regulations, or both. [FR Doc. 00–16294 Filed 6–27–00; 8:45 am] documents are welcome at any time. II. Comments BILLING CODE 4160±01±F ADDRESSES: Submit written comments on the draft guidance to the Dockets Interested persons may submit to the Management Branch (HFA–305), Food Dockets Management Branch (address DEPARTMENT OF HEALTH AND and Drug Administration, 5630 Fishers above) written comments on the draft HUMAN SERVICES Lane, rm. 1061, Rockville, MD 20852. guidance. Two copies of any comments For information on how to obtain are to be submitted, except that Food and Drug Administration SUPPLEMENTARY individuals may submit one copy. copies, see the [Docket No. 00D±1296] INFORMATION section of this document. Comments are to be identified with the FOR FURTHER INFORMATION CONTACT: docket number found in brackets in the Final Guidance: Importation of Maryjane Walling, Center for Drug heading of this document. The draft Pasteurized Milk Ordinance (PMO) Evaluation and Research (HFD–105), guidance and received comments are Defined Dairy Products (M±I±00±4); Food and Drug Administration, 9201 available for public examination in the Availability Corporate Blvd., Rockville, MD 20850, Dockets Management Branch between 9 301–827–2268; a.m. and 4 p.m., Monday through AGENCY: Food and Drug Administration, Bette A. Goldman, Center for Biologics Friday. HHS. ACTION: Evaluation and Research (HFM–500), III. How to Obtain Copies Notice. Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 20852, You may submit written requests for SUMMARY: The Food and Drug 301–827–5098; or single copies of the draft guidance by Administration (FDA) is announcing the Charles N. Durfor, Center for Devices sending one self-addressed adhesive availability of a final guidance and Radiological Health (HFZ–410), label to assist the office in processing document entitled ‘‘Importation of PMO Food and Drug Administration, 9200 your request to: Defined Dairy Products (M–I–00–4)’’. Corporate Blvd., Rockville, MD 20850, The Office of Training and This guidance provides information that 301–594–3090. Communications, States can use to respond to inquiries regarding the importation of ‘‘Grade A’’ SUPPLEMENTARY INFORMATION: Division of Communications Management, dairy products from other countries. I. Background Drug Information Branch (HFD–210), DATES: Submit written or electronic FDA is announcing the availability of Center for Drug Evaluation and comments at any time. a draft guidance for industry entitled Research, ADDRESSES: Submit written comments ‘‘Chronic Cutaneous Ulcer and Burn Food and Drug Administration, on the guidance to the Dockets Wounds—Developing Products for 5600 Fishers Lane, Management Branch (HFA–305), Food Treatment.’’ This draft document is Rockville, MD 20857; and Drug Administration, 5630 Fishers intended to provide guidance on the Or Lane, rm. 1061, Rockville, MD 20852.
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Persons who wish to submit electronic health effect of these food protective ratings have verified the level of protection comments should go to FDA’s home measures is not circumvented when provided by the PMO in domestic (interstate) page at www.fda.gov, select ‘‘Dockets,’’ these dairy products are imported. commerce. The requirements for these ratings and follow the instructions. Submit This level 2 guidance is being issued and check ratings are specified in the current consistent with FDA’s good guidance edition of the ‘‘Procedures Governing the written requests for single copies of the Cooperative State-Public Health Service/ guidance entitled ‘‘Importation of PMO practices (62 FR 8961, February 27, Food and Drug Administration Program of Defined Dairy Products (M–I–00–4)’’ to 1997). This guidance document the National Conference on Interstate Milk Charlotte Epps, Milk Safety Branch represents the agency’s current thinking Shipments’’ (Procedures). (HFS–625), Center for Food Safety and on the subject and it does not create or In a 1977 Memorandum of Understanding Applied Nutrition, Food and Drug confer any rights for or on any person (MOU) with the National Conference on Administration, 200 C St. SW., and does not operate to bind FDA or the Interstate Milk Shipments (NCIMS), FDA Washington, DC 20204. Send one self- public. An alternative approach may be accepted the standards, requirements and addressed adhesive label to assist that used if such approach satisfies the procedures of the NCIMS to manage the requirements of the applicable statute, public health risks associated with ‘‘Grade office in processing your requests. See A’’ milk and milk products. FDA considers section III of this document for regulation or both. this NCIMS milk safety program to be electronic access to the guidance. What follows is a verbatim copy of adequate for the protection of the health and FOR FURTHER INFORMATION CONTACT: this memorandum. safety of the consumer. Joseph M. Smucker, Center for Food ‘‘M–I–00–4’’ Current Status Safety and Applied Nutrition, Food and April 11, 2000 Drug Administration, 200 C St. SW., FDA and the NCIMS have identified and To: All Regional Food and Drug Directors mutually accepted three options which are Washington, DC 20204, 202–205–8178, Attn: Regional Milk Specialists consistent with NCIMS ‘‘Procedures’’ and e-mail: [email protected]. From: Milk Safety Branch (HFS–626) which will allow States to receive PMO SUPPLEMENTARY INFORMATION: FDA is the Subject: Importation of PMO Defined Dairy defined ‘‘Grade A’’ products produced Federal agency with responsibility Products outside of the United States. under the Federal Food, Drug, and This memorandum provides guidance that These options are: Cosmetic Act for the safety of the United States can use to respond to inquiries 1. A dairy firm outside of the United States States’ dairy products. In the case of regarding the importation of ‘‘Grade A’’ dairy could contract with any current NCIMS products from other countries. This guidance member’s regulatory/rating agency to provide those dairy products regulated by the the ’’Grade A’’ milk safety program in total. States under the Grade ‘‘A’’ milk safety document represents the agency’s current thinking on this subject and it does not create This would include the regulatory licensing, program, one way FDA has chosen to or confer any rights for or on any person and dairy farm and milk plant inspection and fulfill this charge is by providing does not operate to bind FDA or the public. sampling, pasteurization equipment testing, technical assistance to State regulators An alternative approach may be used if such laboratory certification and rating/NCIMS under the authority of various sections approach satisfies the requirements of the listing certification. To use this option the of the U.S. Public Health Service Act. applicable statute, regulation or both. firm would be required to abide by all applicable NCIMS regulatory and rating The National Conference on Interstate I. Background Information Milk Shipments (NCIMS) is a voluntary requirements and the regulatory/rating agency would have to agree to treat the firm coalition of regulators from U.S. States International trade agreements to which the United States is signatory allow countries as if it were located within its jurisdiction for and one U.S. commonwealth. These to establish measures to ensure safety of food all purposes, including inspection and regulators have banded together in this within their countries. The measures, enforcement. Ratings of the firm would be organization to ensure the safety of however, must be applied in a manner so that check-rated by FDA. Grade ‘‘A’’ milk and milk products they do not arbitrarily discriminate between 2. The importing country, or a political shipped in interstate commerce and to products from different countries or treat subdivision thereof, may become a full minimize duplicate regulatory domestic products more favorably than member of the NCIMS subject to all NCIMS restrictions on these products if they are imported products without justification. rules and enjoying all privileges of a U.S. produced according to this group’s The World Trade Organization’s (WTO) State. This would require, among other Agreement on the Application of Sanitary things, that the milk regulatory agency(ies) of stringent public health standards. and Phytosanitary Measures (SPS Agreement) the importing countries adopt and enforce As the need arises, FDA provides also obligates the over 160 member countries rules and regulations which are the same as information to the States in the NCIMS to consider the ‘‘equivalence’’ of another those required in the United States and abide and others interested in production and country’s food protection measures if an by all applicable NCIMS regulatory and processing of Grade ‘‘A’’ milk and milk exporting country requests such rating requirements. Their ratings would be products. consideration. The determination of check-rated by FDA in the same way as State Under the procedures of the NCIMS, equivalence is made by the importing ratings. FDA would certify their rating, administrative and other miscellaneous country based on whether the exporting sampling surveillance and laboratory information is transmitted to FDA country’s measures meet the level of evaluation officers. protection deemed appropriate by the regional staff and through them to State 3. FDA can evaluate the importing importing country, as provided by its own country’s system of assuring the safety of agencies in the form of a memorandum measures. Because the WTO agreements only dairy products and compare the effect of that of information (M–I). Several M–I’s are went into effect in 1995, the concept of system with the effect of the United States issued each year; M–I–00–4 is this type equivalence is only now beginning to be system on the safety of dairy products of memorandum. It is being provided to utilized in international trade. Nevertheless, produced domestically. The NCIMS has transmit an FDA opinion. This opinion Article 4. Equivalence of the SPS Agreement adopted a procedure to accept FDA findings clarifies that the food protective exists as an obligation for all WTO Member of equivalence and to allow NCIMS member measures provided under the NCIMS governments. States to accept products produced within system are an important part of the The system of controls used to provide the the scope of such a finding. U.S.’s appropriate level of protection for U.S.’s appropriate level of protection for ‘‘Grade A’’ dairy products is described in the Emerging International Issue Grade ‘‘A’’ dairy products. This current edition of the ‘‘Grade A Pasteurized As trade barriers are removed and trade guidance also describes three options Milk Ordinance’’ (PMO) and related between countries increases, there are more that both FDA and the NCIMS have documents. Since the early 1950’s, States and frequent requests to allow the importation of accepted to ensure that the public FDA using a system of ratings and check ‘‘Grade A’’ defined products that originate in
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Reponses Total HRSA form Number of per Total Hours per burden respondents respondent responses responses hours
Title II ADAP Grantees (Clients and Expenditures) ...... 54 12 648 0.75 486 Title II ADAP Grantees (Pricing) ...... 54 4 216 0.75 162
Total ...... 54 16 864 0.75 648
Send comments to Susan G. Queen, High-Speed Interlaced Spin Echo targeted for removal from body cavities. HRSA Reports Clearance Officer, Room Magnetic Resonance Imaging Pieces of infected or cancerous tissue 14–33, Parklawn Building, 5600 Fishers Jeff Duyn (CC) and body fluids are easily contained and Lane, Rockville, MD 20857. Written DHHS Reference No. E–171–99/0 filed can be removed without the danger of comments should be received on or 30 Dec 1999 collateral contamination. before August 28, 2000. Licensing Contact: Carol Salata; 301/ Novel Diagnostic Standards for Virus Dated: June 21, 2000. 496–7735 ext. 232; e-mail: [email protected] Detection and Quantification Jane Harrison, Spin-echo acquisition in magnetic Richard Y. Wang and James W. Shih Director, Division of Policy Review and resonance imaging (MRI) facilitates the Coordination. (CC) observation of anatomical abnormalities [FR Doc. 00–16257 Filed 6–27–00; 8:45 am] in pathologies such as brain tumors, DHHS Reference Nos. E–228–98/0 filed BILLING CODE 4160±15±M stroke and multiple sclerosis. It can also 20 Apr 1999 and E–228–98/1 filed 20 be applied in conjunction with Apr 2000 perfusion techniques for the Licensing Contact: John Peter Kim; 301/ DEPARTMENT OF HEALTH AND investigation of function, based on 496–7056 ext. 264; e-mail: HUMAN SERVICES susceptibility contrast agents as well as [email protected] blood oxygen level dependent (BOLD) National Institutes of Health contrast. Improving the efficiency of The gene amplification is a tool for spin echo MRI is the subject of the the detection of trace amounts of Government-Owned Inventions; nucleic acids and the clinical Availability for Licensing current invention. It provides a method of reducing scan time in multi-slice applications of this technique in diagnosis of human diseases have been AGENCY: spin-echo MRI through effective use of National Institutes of Health, widely demonstrated. There are Public Health Service, DHHS. the echo delay time between radio frequency (RF) excitation and reception. numerous steps from sample ACTION: Notice. This technique has been evaluated in preparation to final product analysis for examples of brain scans and has gene amplification-based molecular SUMMARY: The inventions listed below indications that a substantial increase in diagnosis of clinical specimens. Small are owned by agencies of the U.S. scan speed can be achieved without loss variations in each step among different Government and are available for in image signal-to-noise ratio or samples can have profound impacts on licensing in the U.S. in accordance with contrast. the final results. 35 U.S.C. 207 to achieve expeditious Laparoscopic Sac Holder Assembly There is a need for stable and well- commercialization of results of calibrated internal standards to enable federally-funded research and McClellan M. Walther, Frank Harrington (NCI) to monitor every step of the development. Foreign patent amplification process, e.g., sample applications are filed on selected Serial No. 09/368,824 filed 05 Aug 1999 Licensing Contact: John Peter Kim; 301/ preparation, gene amplification, and inventions to extend market coverage 496–7056 ext. 264; e-mail: amplicon detection. The subject for companies and may also be available [email protected] invention is directed to internal for licensing. The present application describes a standards as recombinant viral particles. ADDRESSES: Licensing information and device and method for accessing and The particles contain modified target copies of the U.S. patent applications retrieving tissue from a body cavity sequence and multiple targets can also listed below may be obtained by writing through minimally invasive endoscopic be packaged. Particles containing RNA to the indicated licensing contact at the procedures. Specifically, the present target sequence of human hepatitis C Office of Technology Transfer, National invention consists of a sac holding virus (HCV) were constructed as Institutes of Health, 6011 Executive device, having a rotatable hinge joining example. Thus, this approach in making Boulevard, Suite 325, Rockville, bowed leaf elements. The bowed leaf internal standards has commercial Maryland 20852–3804; telephone: 301/ elements form a loop which is adapted potential in molecular testing for 496–7057; fax: 301/402–0220. A signed to open and close the sac by rotation of clinical diagnosis, blood screening, and Confidential Disclosure Agreement will the bowed leaf elements. With this process validation. be required to receive copies of the laparoscopic device, one can easily patent applications. contain materials that have been
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Dated: June 15, 2000. can, for instance, include nucleic acid Licensing Contact: Susan S. Rucker; Jack Spiegel, mixtures from different cell types, 301/496–7056 ext. 245; e-mail: Director, Division of Technology Development different phenotypes, cells grown under [email protected] and Transfer, Office of Technology Transfer, different conditions, cells of different National Institutes of Health. ages or developmental stages, and so This application discloses the [FR Doc. 00–16325 Filed 6–27–00; 8:45 am] forth. The nucleic acid arrays are identification of a functional domain, which is essential for signaling BILLING CODE 4140±01±P provided in both macro- and micro- formats and are suitable for measuring involving receptors of the Tumor the relative abundance of particular Necrosis Factor Superfamily (TFNR’s) DEPARTMENT OF HEALTH AND gene transcripts across a collection of including TNFR–1 (p60), TNFR–2 (p80), HUMAN SERVICES complex nucleic acid mixtures. Fas, TRAIL–R, LTβR, CD40, CD30, Techniques are also disclosed for CD27, HVEM, OX40 and DR4. The National Institutes of Health producing high-fidelity, amplified functional domain, denoted the Pre- mixtures of nucleic acid molecules Ligand Assembly Domain (PLAD), can Government-Owned Inventions; using a combination of RNA (sense or be isolated as functional polypeptides Availability for Licensing anti-sense) amplification and template- which can be useful in inhibiting the AGENCY: National Institutes of Health, switching synthesis. Amplified mixtures first step in TNFR mediated signaling, Public Health Service, DHHS. produced using this method can, for ligand-independent assembly of instance, be applied to the disclosed members of the TNFR Superfamily. The ACTION: Notice. arrays. The disclosed arrays allow high ability to inhibit TNFR signaling SUMMARY: The inventions listed below throughput analysis of differential gene suggests that these PLAD polypeptides are owned by agencies of the U.S. expression in a specimen, such as a may be useful in developing new Government and are available for tumor, or a variety of specimens, such therapeutic molecules or as therapeutic licensing in the U.S. in accordance with as a variety of tumors, and is suitable for molecules themselves for modulation of 35 U.S.C. 207 to achieve expeditious automated preparation and analysis. immune responses, apoptosis, and commercialization of results of The Isolation of a New Gene, TRAG, inflammation. federally-funded research and Associated with TGF–Beta In addition to being available for development. Foreign patent Snorri S. Thorgeirsson, Sean R. Sanders license, the investigators who have applications are filed on selected (NCI) developed this technology are also inventions to extend market coverage DHHS Ref. No. E–047–00/0 filed 07 Mar willing to consider entering into a for companies and may also be available 2000 and 60/187,848 filed 08 Mar CRADA relationship with companies for licensing. 2000 interested in commercial development ADDRESSES: Licensing information and Licensing Contact: Susan S. Rucker; of this technology. copies of the U.S. patent applications 301/406–7056 ext. 245; e-mail: ′ ″ listed below may be obtained by writing [email protected] Transition Metal Complexes of N,N ,N - trialkyl-cis,cis-1,3,5- to the indicated licensing contact at the A new gene has been isolated from a Office of Technology Transfer, National cell line resistant to a protein, TGF-beta, triaminocyclohexane and Related Institutes of Health, 6011 Executive which can block the proliferation of Compositions and Methods Boulevard, Suite 325, Rockville, cancer cells. This resistance endows the Maryland 20852–3804; telephone: 301/ Martin W Brechbiel, Roy P. Planalp, cell with cancer forming abilities. The Kim A. Deal (NCI) 496–7057; fax: 301/402–0220. A signed protein encoded by the newly- Confidential Disclosure Agreement will discovered TRAG gene has been found DHHS Reference No. E–072–99/0 filed be required to receive copies of the at much higher levels in these cancer- 10 Aug 1999 patent applications. forming cells than their non-cancerous Licensing Specialist: Girish C. Barua; Gene Profiling Arrays ancestors. In addition, the TRAG protein 301/496–7735 ext. 263; [email protected] is greatly elevated in many other rodent The invention is directed to copper Ena Wang, Lance Miller, Francesco and human cancer cell lines and in complexes of N,N′,N″-trimethyl-cis,cis- Marincola (NCI) primary mouse liver tumors, but not in 1,3,5-triaminocyclohexane and N,N′,N″- DHHS Reference No. E–086–00/0 filed surrounding non-tumorous tissue. This triethyl-cis,cis-1,3,5- 28 Mar 2000 indicates a strong association between Licensing Contact: Richard Rodriguez; triaminocyclohexane as well as methods TRAG and cancer-forming potential. 301/496–7056 ext. 287; e-mail: TRAG may be involved in the of producing and using said complexes. [email protected] mechanism by which normal cells These complexes are capable of cleaving The invention(s) embodied in this become cancerous. The TRAG gene DNA and RNA in vitro and could be application, provides for ordered arrays could provide an excellent target for used for the treatment of cancer or other of mixtures of nucleic acid molecules, cancer or gene therapy. Abrogation of disease states that are characterized by which reflect the gene expression TRAG protein production using anti- abnormal cellular proliferation. The profile of one or more specimens, such sense oligonucleotides or antibodies complexes could also be used as as different cell types or tissues. In could conceivably prevent, reduce, or delivery agents or as imaging-tracers. particular embodiments, complete destroy certain types of tumors. These complexes offer advantages over mRNA mixtures (i.e. gene transcripts) or previously described cleaving cDNA representatives from specimens Identification of a Novel Domain in the methodologies, e.g., oxidative or are individually arrayed on a substrate. Tumor Necrosis Factor Receptor Ligand transesterification protocols. The Such mixtures of nucleic acids can be Family that Mediates Pre-Ligand disclosed copper-complexes act via derived from any specimen source, Receptor Assembly and Function hydrolytic reactions. These advantages including animal, plant and/or MJ Lenardo, FK Chan, R Siegel (all of could offer significant benefits over microbial cells and can be assembled in NIAID) related therapeutic approaches to the any collection desired. The collections Serial No. 60/181,909 filed 11 Feb 2000 aforementioned abnormal conditions.
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Dated: June 15, 2000. functional domains within the HIV Tat the solid phase greater than 7500kDa. Jack Spiegel, protein which are capable of mediating These peptides are then reacted with Director, Division of Technology Development many of the effects of the full length Tat high performance liquid and Transfer, Office of Technology Transfer, protein. In particular, this invention chromatography purified haloacetyl National Institutes of Health. describes the use of peptides comprising peptides to generate multiple peptide [FR Doc. 00–16326 Filed 6–27–00; 8:45 am] functional domains to induce an conjugates with molecular masses of 10 BILLING CODE 4140±01±P immune response against the HIV Tat to 13 kDa. This invention is described protein and the identification of further in Boykins et al., Peptides Jan dominant-negative mutants and 2000;21(1):9–17. DEPARTMENT OF HEALTH AND chimeras of these functional domains III. HIV–1–Tat-Multiple Peptide HUMAN SERVICES which may be used as therapeutics. Conjugate: A Potential Synthetic AIDS Another aspect of the present invention Vaccine Candidate National Institutes of Health relates to the use of these functional domains as reagents for elucidating the Subhash Dhawan and Robert A. Boykins Government-Owned Inventions; (FDA) Availability for Licensing: Novel biochemical mechanisms of HIV gene The present invention is directed to a Multiple Peptide Conjugate System expression. This invention is described further in Boykins et al. July 1999, J. novel highly immunogenic synthetic AGENCY: National Institutes of Health, Immunol. 163:15–20. multiple peptide conjugate constituting Public Health Service, DHHS. three Tat functional domains. II. Multiple Peptide Conjugates ACTION: Notice. Vaccination of mice with this HIV–1– Robert A. Boykins, Manju B. Joshi, Tat multiple peptide conjugate induces SUMMARY: The inventions listed below Chiang Syin, Subhash Dhawan, Hira an effective immune response to three are owned by agencies of the U.S. Nakhasi (FDA) Tat functional domains. Anti-HIV–1–Tat Government and are available for This invention describes the design multiple peptide conjugate antibodies licensing in the U.S. in accordance with and synthesis of a multi-peptide efficiently inhibit Tat-induced viral 35 U.S.C. 207 to achieve expeditious conjugate (MPC) system containing activation in monocytes infected with commercialization of results of antigens from the human malaria HIVBa–L as well as with various clinical federally-funded research and parasite (Plasmodium falciparium) and HIV–1 isolates, and reduce Tat- development. Foreign patent the Tat protein of HIV type-1 (HIV–1– mediated cytopathicity in infected cells applications are filed on selected Tat) for use as a subunit vaccine. Prior by greater than 75%. The results inventions to extend market coverage multiple antigen peptides (MAPs) indicate that anti-HIV–1–Tat multiple for companies and may also be available prepared by the classical solid phase peptide conjugate antibodies inhibit for licensing. synthesis led to heterogeneity, due in viral pathogenesis, possibly by blocking This novel multiple peptide conjugate part to the aggregation and steric functional determinants of Tat and system is described in DHHS Reference hindrance of the growing peptide chains disrupting autocrine and paracrine Nos. E–208–99/0, E–280–99/0, and E– during synthesis. Aggregation of the actions of secreted Tat protein. This 114–00/0—all now incorporated under a peptide chain may be a factor in the epitope-specific synthetic Tat construct PCT application, DHHS Reference No. formation of intra-chain hydrogen provides a subunit AIDS vaccine for E–208–99/1. bonding by the peptide backbone, inducing and effective ADDRESSES: Licensing information and causing the formation of beta sheets or immunoprophylaxis response to reduce copies of the U.S. patent applications other secondary structures. The current progression of HIV infection. listed below may be obtained by Carol multiple peptide conjugates (MPCs) Dated: June 15, 2000. Salata, Ph.D., at the Office of have distinct advantages over prior Jack Spiegel, Technology Transfer, National Institutes MAPs because only two adjacent of Health, 6011 Executive Boulevard, Director, Division of Technology Development peptide branches are elongated on the and Transfer, Office of Technology Transfer, Suite 325, Rockville, Maryland 20852– solid phase at either the alpha or National Institutes of Health. 3804; telephone: 301/496–7735 ext. 232; epsilon amino groups thereby allowing [FR Doc. 00–16327 Filed 6–27–00; 8:45 am] fax: 301/402–0220; e-mail: maximum spacing between the resin BILLING CODE 4140±01±P [email protected]. A signed bound peptide chains. Cysteine is Confidential Disclosure Agreement will inserted at the respective position in the be required to receive copies of the sequence thus permitting the thiol DEPARTMENT OF HEALTH AND patent applications. groups to be used in the formation of HUMAN SERVICES Novel Multiple Peptide Conjugate stable thioether bonds with haloacetyl System peptides coupled through solution Substance Abuse and Mental Health chemistry. A modification to the Services Administration (SAMHSA) I. Pathogenic TAT Peptides coupling solvent and key amino acid Notice of Meetings Subhash Dhawan, Robert A. Boykins, derivatives are used in the sequence to Kenneth M. Yamada (FDA) minimize peptide chain aggregation. Pursuant to Public Law 92–463, Infection with HIV, the causative Furthermore, the elongation of only two notice is hereby given of the following agent of Acquired Immune Deficiency peptide chains at the alpha or epilson meetings of SAMHSA Special Emphasis Syndrome (AIDS), is responsible for a groups of opposite lysine residues Panels I in July, August and September large number of deaths annually and yields a dimeric or base peptide. These 2000. represents a significant threat to human modifications of the solid phase A summary of the meetings and a health. Accordingly, an extensive effort methodology for the traditional MAP roster of the members may be obtained has been mounted to characterize the plus a coupling solvent modification, from: Ms. Coral Sweeney, Review HIV virus and to identify potential and the addition of key amino acid Specialist, SAMHSA, Office of Policy targets for therapeutics. The present derivatives for amide bond protection and Program Coordination, Division of invention relates to the identification of allow the synthesis of base peptides on Extramural Activities, Policy, and
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Review, 5600 Fishers Lane, Room 17– Contact: Diane McMenamin, Director, Extramural Activities, Policy and 89, Rockville, Maryland 20857. Division of Extramural Activities, Policy Review, Parklawn Building, Room 17– Telephone: 301–443–2998. and Review, Parklawn Building, 5600 89, 5600 Fishers Lane, Rockville, Substantive program information may Fishers Lane, Room 17–89, Rockville, Maryland 20857. be obtained from the individual named Maryland 20857. Closed: Entire Meeting. as Contact for the meeting listed below. Committee Name: SAMHSA Special The meetings will include the review, Emphasis Panel I (SEP I). Panel: Chicago Homeless Services discussion and evaluation of individual Meeting Dates: August 14, 2000. Integration, SM 00–010; Florida grant applications. These discussions Place: Bethesda Marriott, 5151 Pooks Children Services, SM 00–007. could reveal personal information Hill Road, Bethesda, MD 20814. Contact: Diane McMenamin, Director, concerning individuals associated with Closed: August 14, 2000. Division of Extramural Activities, Policy the applications. Accordingly, these Panel: Coalitions for Prevention, SM and Review, Parklawn Building, 5600 meetings are concerned with matters 00–004. Fishers Lane, Room 17–89, Rockville, exempt from mandatory disclosure in Contact: Diane McMenamin, Director, Maryland 20857. Title 5 U.S.C. 552b(6) and 5 U.S.C. Division of Extramural Activities, Policy App. 2, § 10(d). and Review, Parklawn Building, 5600 Committee Name: SAMHSA Special Committee Name: SAMHSA Special Fishers Lane, Room 17–89, Rockville, Emphasis Panel I (SEP I) Emphasis Panel I (SEP I). Maryland 20857. Meeting Dates: July or August, 2000. Meeting Date: July 10, 2000. Committee Name: SAMHSA Special Place: Bethesda Marriott 5151 Pooks Emphasis Panel I (SEP I). Place: Substance Abuse and Mental Hill Road Bethesda, MD 20814. Meeting Dates: August 28, 2000. Health Administration, Division of Closed: July 10, 2000. Place: Bethesda Marriott, 5151 Pooks Extramural Activities, Policy and Panel: Youth Violence Prevention, Hill Road, Bethesda, MD 20814. Review, Parklawn Building, Room 17– SM 00–005; Co-Occurring Disorders, TI Closed: August 28, 2000. 89, 5600 Fishers Lane, Rockville, 00–002; Criminal Justice Diversion Panel: HIV Integration Planning, TI Maryland 20857. Supplement, SM 00–006; Women/Co- 00–008. Closed: Entire Meeting. Occurring Violence, Phase II, TI 00–003; Contact: Diane McMenamin, Director, Children’s Sub-Set Study & Division of Extramural Activities, Policy Panel: Connecticut Urban Health Coordinating Center, TI 00–006. and Review, Parklawn Building, 5600 Initiative, SM 00–012, Violence Contact: Diane McMenamin, Director, Fishers Lane, Room 17–89, Rockville, Prevention Coordinating Center, SM 00– Division of Extramural Activities, Policy Maryland 20857. 007. and Review, Parklawn Building, 5600 Committee Name: SAMHSA Special Contact: Diane McMenamin, Director, Fishers Lane, Room 1789, Rockville, Emphasis Panel I (SEP I). Division of Extramural Activities, Policy Maryland 20857. Meeting Dates: September 18, 2000. and Review, Parklawn Building, 5600 Committee Name: SAMHSA Special Place: Bethesda Marriott, 5151 Pooks Fishers Lane, Room 17–89, Rockville, Emphasis Panel I (SEP I). Hill Road, Bethesda, MD 20814. Meeting Dates: July 24, 2000. Maryland 20857. Place: Bethesda Marriott, 5151 Pooks Closed: September 18, 2000. Panel: Conference Grants, PA 98–090. Committee Name: SAMHSA Special Hill Road, Bethesda, MD 20814. Emphasis Panel I (SEP I); Closed: July 24, 2000. Contact: Diane McMenamin, Director, Panel: Targeted Capacity Expansion, Division of Extramural Activities, Policy Meeting Dates: July or August, 2000. PA 00–001; Practice Research and Review, Parklawn Building, 5600 Place: Substance Abuse and Mental Collaboration, TI 00–004. Fishers Lane, Room 17–89, Rockville, Health Administration, Division of Contact: Diane McMenamin, Director, Maryland 20857. Extramural Activities, Policy and Division of Extramural Activities, Policy Committee Name: SAMHSA Special Review, Parklawn Building, Room 17– and Review, Parklawn Building, 5600 Emphasis Panel I (SEP I). 89, 5600 Fishers Lane, Rockville, Fishers Lane, Room 17–89, Rockville, Meeting Dates: July or August, 2000. Maryland 20857. Maryland 20857. Place: Substance Abuse and Mental Committee Name: SAMHSA Special Health Administration, Division of Closed: Entire Meeting. Emphasis Panel I (SEP I). Extramural Activities, Policy and Panel: Four State Consortium Meeting Dates: July 31, 2000. Review, Parklawn Building, Room 17– Prevention Studies of Fetal Alcohol Place: Bethesda Marriott, 5151 Pooks 89, 5600 Fishers Lane, Rockville, Syndrome, SP 00–003; Co-Occurring Hill Road, Bethesda, MD 20814. Maryland 20857. and Justice Center, TI 00–007. Closed: July 31, 2000. Closed: Entire Meeting. Panel: Family Strengthening, SP 00– Contact: Diane McMenamin, Director, Panel: Supplement to Aging, Mental Division of Extramural Activities, Policy 002. Health/Substance Abuse Primary Care and Review, Parklawn Building, 5600 Contact: Diane McMenamin, Director, Coordinating Center, SM 00–009; Coal Fishers Lane, Room 17–89, Rockville, Division of Extramural Activities, Policy Miners, SM 00–008; Minority and Review, Parklawn Building, 5600 Fellowships, SM 00–003. Maryland 20857. Fishers Lane, Room 17–89, Rockville, Contact: Diane McMenamin, Director, Dated: June 21, 2000. Maryland 20857. Division of Extramural Activities, Policy Committee Name: SAMHSA, Special Coral Sweeney, and Review, Parklawn Building, 5600 Emphasis Panel I (SEP I). Review Specialist, Substance Abuse and Meeting Dates: August 7, 2000. Fishers Lane, Room 17–89, Rockville, Mental Health Services Administration. Place: Bethesda Marriott, 5151 Pooks Maryland 20857. [FR Doc. 00–16256 Filed 6–27–00; 8:45 am] Hill Road, Bethesda, MD 20814. Committee Name: SAMHSA Special BILLING CODE 4162±20±U Closed: August 7, 2000. Emphasis Panel I (SEP I). Panel: Family Strengthening, SP 00– Meeting Dates: July or August, 2000. 002; Targeted Capacity Expansion/HIV, Place: Substance Abuse and Mental TI 00–005. Health Administration, Division of
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DEPARTMENT OF THE INTERIOR documents, by appointment, during the permit, should take authorization be normal business hours (8 a.m. to 5 necessary: California orcutt grass Fish and Wildlife Service p.m.), Monday through Friday at the (Orcuttia californica), Del Mar Carlsbad Fish and Wildlife Office (see manzanita (Arctostaphylos glandulosa Receipt of an Incidental Take Permit ADDRESSES). Alternatively, you may ssp. crassifolia), Encinitas baccharis Application and Availability of an view the documents at the City of (Baccharis vanessae), Orcutt’s Environmental Assessment Carlsbad Planning Department, 1635 spineflower (Chorizanthe orcuttiana), Associated With the Habitat Faraday Avenue, Carlsbad; at the spreading navaretia (Navarretia Management Plan for Natural Georgina Cole Library, 1250 Carlsbad fossalis), San Diego button-celery Communities in the City of Carlsbad, Village Drive, Carlsbad; and at the La (Eryngium aristulatum var. parishii), California Costa Library, 1775 Dove Lane, San Diego thornmint (Acanthomintha AGENCY: Fish and Wildlife Service. Carlsbad. ilicifolia), and thread-leaved brodiaea ACTION: Notice. Background (Brodiaea filifolia). The take prohibitions of the Act do not apply to SUMMARY: The City of Carlsbad, Section 9 of the Act and Federal listed plants on private land unless their California, has applied to the Fish and regulation prohibit the ‘‘take’’ of animal destruction on private land is in Wildlife Service (Service) for an species listed as endangered or violation of State law. Nevertheless, the incidental take permit pursuant to threatened. That is, no one may harass, City of Carlsbad has considered plants section 10(a)(1)(B) of the Endangered harm, pursue, hunt, shoot, wound, kill, in its Habitat Management Plan and Species Act of 1973, as amended (Act). trap, capture or collect listed animal requests a permit for them to the extent The proposed 50-year permit would species, or attempt to engage in such that State law applies. conduct (16 U.S.C. 1538). ‘‘Harm’’ is authorize incidental take of 9 federally The permit application from the City defined by regulation to include threatened and endangered wildlife of Carlsbad includes a Habitat significant habitat modification or species, 8 threatened and endangered Management Plan that qualifies both as degradation that actually kills or injures plants should take authorization be a Habitat Conservation Plan pursuant to wildlife by significantly impairing necessary, and 30 unlisted species of Federal law and as a Natural essential behavioral patterns, including concern in the event that these species Community Conservation Plan pursuant breeding, feeding, or sheltering (50 CFR become listed during the term of the to State law. On December 10, 1993, the permit. Take would occur incidental to 17.3). Under certain circumstances, the Service may issue permits to authorize Service issued a final special rule for the urban development of up to 3,051 acres coastal California gnatcatcher pursuant of non-federal land in the City of ‘‘incidental’’ take of listed animal species (defined by the Act as take that to section 4(d) of the Act (58 FR 65088). Carlsbad, northwestern San Diego The rule allows incidental take of the County, California. The permit is incidental to, and not the purpose of, the carrying out of an otherwise lawful gnatcatcher if such take results from application includes the Habitat activities conducted under a plan Management Plan for Natural activity). Regulations governing permits for threatened and endangered species, prepared pursuant to the state of Communities in the City of Carlsbad California’s Natural Community (Habitat Management Plan) and an respectively, are at 50 CFR 17.32 and 50 CFR 17.22. Conservation Planning Act of 1991, its Implementation Agreement that serves associated Process Guidelines, and the as a legal contract. The City of Carlsbad has submitted an application for a 50-year incidental take Southern California Coastal Sage Scrub An Environmental Assessment for our Conservation Guidelines. Consistent proposed action of issuing a permit to permit to the Service, proposing the take of 47 species now or in the future, on with the Conservation Guidelines, while the City of Carlsbad is available for planning for natural communities is public review. We request comments on approximately 3,051 acres of habitat within the 24,570-acre planning area underway, the special rule allows this Assessment and the permit interim loss of no more than 5 percent application. All comments received, (15,812 acres of which are already developed). The proposed permit would of the coastal sage scrub habitat in including names and addresses, will specified areas (subregions). become part of the administrative record authorize incidental take of the To mitigate the impact of urban and may be made available to the following listed animals: Riverside fairy development over a 50-year period, the public. shrimp (Streptocephalus woottoni), San Diego fairy shrimp (Branchinecta City of Carlsbad would require project- DATES: We must receive your written sandiegonensis), California brown level impact avoidance and comments on or before July 28, 2000. pelican (Pelecanus occidentalis minimization measures, and would ADDRESSES: Send comments to Mr. Ken californicus), California least tern assemble a preserve of approximately Berg, Field Supervisor, U.S. Fish and (Sterna antillarum browni), coastal 6,757 acres. This preserve would be Wildlife Service, Carlsbad Fish and California gnatcatcher (Polioptila comprised of existing open space (3,946 Wildlife Office, 2730 Loker Avenue californica californica), least Bell’s vireo acres), proposed hardline open space West, Carlsbad, California 92008. You (Vireo bellii pusillus), light-footed (1,206 acres), planned open space also may submit comments by facsimile clapper rail (Rallus longirostrus levipes), derived from specific criteria applied to to (760) 431–9618. southwestern willow flycatcher standards areas (553 acres), passive FOR FURTHER INFORMATION CONTACT: Ms. (Empidonax traillii extimus), and restoration of disturbed habitat (744 Julie Vanderwier, Fish and Wildlife western snowy plover (Charadrius acres), and acquisition of core coastal Biologist, at the above address; alexandrinus nivosus). For 30 other California gnatcatcher habitat outside of telephone (760) 431–9440. unlisted species (16 plants, 3 the City (308 acres). The preserve would SUPPLEMENTARY INFORMATION: invertebrates, 1 reptile, and 10 birds), contain the following habitats, at a should they become listed during the minimum: coastal sage scrub (3,315 Availability of Documents term of the permit, the permit would acres), southern mixed/chamise You may request copies of the become effective at the time of listing. chaparral (968 acres), southern maritime documents by contacting the office Five endangered plants and three chaparral (392 acres), oak woodland (29 listed above. You also may view the threatened plants would be named on acres), riparian (574 acres), coastal salt/
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ADDRESSES: Send comments regarding Background of Governments and its member the scope of the Impact Statement/ Section 9 of the Federal Endangered jurisdictions will consider plants in the Report as it relates to the proposed Species Act and regulations prohibit the Multispecies Plan and request permits Multispecies Plan to the Field ‘‘take’’ of animal species listed as for them to the extent that State law Supervisor, Fish and Wildlife Service, endangered or threatened. That is, no applies. The 1,206,578-acre (1,885 square- 2730 Loker Avenue West, Carlsbad, one may harass, harm, pursue, hunt, mile) planning area for the Multispecies California 92008; facsimile 760/431– shoot, wound, kill, trap, capture or Plan is located in the central portion of 9624. Send comments regarding the collect listed animal species, or attempt Riverside County, California. It scope of the Impact Statement/Report as to engage in such conduct (16 USC generally is defined by the ridgelines of it relates to the proposed amendment of 1538). ‘‘Harm’’ is defined by regulation the San Jacinto, Santa Rosa, and Little the Desert Conservation Plan to the to include significant habitat San Bernardino Mountains, extending to Field Manager, Bureau of Land modification or degradation that the Imperial and San Diego County lines Management, Palm Springs-South Coast actually kills or injures wildlife by from the Cabazon/San Gorgonio Pass Field Office, P.O. Box 1260, North Palm significantly impairing essential area in the northwest to, and including, Springs, California 92258–1260; behavioral patterns, including breeding, facsimile 760/251–4899. portions of the Salton Sea in the feeding, or sheltering (50 CFR 17.3). southeast. FOR FURTHER INFORMATION CONTACT: Mr. Under certain circumstances, the Fish Approximately 45 percent of the Pete Sorensen, Supervisory Fish and and Wildlife Service may issue permits planning area consists of lands under Wildlife Biologist, Carlsbad Fish and to authorize ‘‘incidental’’ take of listed the ownership and management of the Wildlife Office, Carlsbad, California; animal species (defined by the Act as Bureau of Land Management, while telephone 760/431–9440; or Ms. Elena take that is incidental to, and not the private lands total about 43 percent. The Misquez, Planning and Environmental purpose of, the carrying out of an remaining 12 percent includes native Coordinator, Bureau of Land otherwise lawful activity). Regulations American, State, and other public and Management, Palm Springs-South Coast governing permits for federally-listed quasi-public lands. Field Office, North Palm Springs, threatened and endangered species, The Multispecies Plan is being California; telephone 760/251–4810. respectively, are at 50 CFR 17.32 and 50 designed to assure the conservation of SUPPLEMENTARY INFORMATION: All CFR 17.22. The California Department adequate habitat and ecological comments that we receive will become of Fish and Game has similar provisions processes for the protection and long- part of the administrative record and for incidental take of species listed term viability of populations of the may be released to the public. You may under the California Endangered target species that are either listed as view these comments during normal Species Act. threatened or endangered, are proposed business hours (8 a.m. to 5 p.m., The Coachella Valley Association of for listing, or are believed to have a high Monday through Friday) at the above Governments and its member probability of being proposed for listing offices (see ADDRESSES). Please call for jurisdictions (Riverside County and 9 in the future if they are not protected by an appointment. municipalities) intend to apply for the Multispecies Plan. A critical incidental take permits from the Fish In addition, you may obtain specific consideration of the Plan is allowing and Wildlife Service and the California information regarding the location of key ecological processes, such as sand Department of Fish and Game. As part lands proposed for conservation from movement by wind and water, to of the application process, the Mr. Steve Nagle, Coachella Valley support a shifting network of sand Association is developing the Association of Governments, 73–710 dunes essential to the well being of the Multispecies Plan for an anticipated 31 Fred Waring Drive, Suite 200, Palm target species. Plan developers are target species and 24 habitat types Desert, California 92260; telephone 760/ considering conservation of core habitat currently within their jurisdiction. We 346–1127; facsimile 760/340–5949. areas and linkages primarily through anticipate that the permit applications protection and management of existing Meetings for incidental take will include 20 public and quasi-public lands, and unlisted species and the following 11 We will hold public meetings as through acquisition of additional lands federally-listed species: Peninsular follows: by cooperating Federal, State, and local bighorn sheep (Ovis canadensis), desert governments from willing sellers July 10, 2000, 6:30 p.m. to 8:30 p.m., tortoise (Gopherus agassizii), Southwest City Hall Council Chambers, 68–700 throughout the planning area. The arroyo toad (Bufo microscaphus linkage areas connecting core habitat Avenida Lalo Guerrero, Cathedral City, californicus), desert slender salamander California. areas are intended to assure the long- (Batrachoseps aridus), Coachella Valley term protection of movement or July 11, 2000, 6:30 p.m. to 8:30 p.m., fringe-toed lizard (Uma inornata), desert migratory corridors through which City Hall Council Chambers, 68–700 pupfish (Cyprinodon macularius), Yuma wildlife populations can mix and Avenida Lalo Guerrero, Cathedral City, clapper rail (Rallus longirostris perpetuate a healthy gene pool. California. yumanensis), least Bell’s vireo (Vireo July 12, 2000, 6:30 p.m. to 8:30 p.m., bellii pusillus), Southwestern willow Project Alternatives City Hall Council Chambers, 78–495 flycatcher (Empidonax trailii extimus), A range and mix of public and private Calle Tampico, La Quinta, California. Coachella Valley milk-vetch (Astragalus lands are under consideration and will The meetings on July 10 and 12 lentiginosus var. coachellae), and triple- be analyzed as project alternatives in the broadly focus on the scope and content ribbed milk-vetch (Astragalus Impact Statement/Report, including a of the Impact Statement/Report as it tricarinatus). ‘‘No Project’’ alternative that assesses relates to the proposed Multispecies The take prohibitions of the Federal the efficacy of species and habitat Plan and to the proposed amendment of Endangered Species Act do not apply to protections, as well as associated the California Desert Conservation Plan. listed plants on private land unless their impacts. Each alternative is summarized The meeting on July 11 specifically destruction on private land is in below. focuses on the trail component of these violation of State law. Nevertheless, we No Project Alternative: Under this plans. expect that the Coachella Valley Council alternative, an area-wide Multispecies
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Plan would not be adopted. Hence lands. Several alternative approaches of Federal Regulations (40 CFR part Federal and State incidental take are under consideration. 1500 and 43 CFR part 1610). permits would be issued incrementally Tool Box Approach: This The Bureau will use the Impact for individual projects. Assemblage of implementation mechanism may take Statement/Report prepared for the an effective preserve system would be the form of zoning overlays, General Multispecies Plan as the Environmental unlikely. Over time, additional species Plan policies, ordinances, development Impact Statement for its proposed would likely become listed, further fees, and mitigation ratios. Tools that amendment to the Desert Conservation complicating continued urban may be used include: (a) Conservation Plan. The Bureau will prepare a Record development. The land development easements, (b) density transfer and of Decision separate from that of the permit process would continue to be cluster development, (c) conservation Fish and Wildlife Service. The proposed lengthy, costly, and uncertain. banks, (d) donation of lands for tax plan amendment will address changes Existing Conservation Lands benefits, and (e) inclusion of land in a in Bureau land use classifications, Alternative: Only existing reserves and habitat transaction system with pre- identify public lands for exchange to other public and private conservation assigned habitat values or credits. augment the multi-species reserve lands with habitat for target species Immediate Purchase of All At-Risk system, and designate new Areas of would be included in this alternative. Lands: This alternative represents the Critical Environmental Concern. The The type, amount and location of lands optimum implementation mechanism proposed plan amendment will take conserved under this alternative would but would require the immediate or into consideration biological, botanical, be insufficient to obtain incidental take short-term availability of substantial cultural, wilderness, mineral and other permit coverage for most, if not all, of funding for purchase of land and natural resources, as well as use of the the target species. This alternative conservation easements. Potential public lands for recreation, mineral would not streamline development funding sources may include biological extraction, utility corridors and other permit processing. resource impact-fees assessed to future uses. Nothing in this proposed plan Core Habitat, Ecological Processes development, State and Federal grants, amendment shall have the effect of and Linkages Alternative: Developed by government loan guarantees, landfill terminating any validly issued rights-of- the Scientific Advisory Committee for tipping fees, and local sales tax. way or customary operation, the Multispecies Plan, this alternative Combined Public Funds/Mitigation maintenance, repair, and replacement focuses on protecting core habitat areas Fee for Land Acquisition and activities in such rights-of-ways in of sufficient size and long-term viability Management: This approach includes accordance with Sections 509(a) and for the protection of target species and the combined use of State and Federal 701(a) of the Federal Land Policy natural communities. This alternative grants, as well as the payment of a Management Act of 1976. standardized impact mitigation fees for also includes protection of essential Dated: June 21, 2000. ecological processes and wildlife development of lands outside Elizabeth H. Stevens, movement corridors. conservation areas. Revenues from Expanded Core Habitat, Ecological existing or new tax streams, bond Deputy Manager, California/Nevada Processes and Linkages Alternative: issues, landfill tipping fees, and other Operations Office, Region 1, Sacramento, California. Based upon the previous alternative, sources are also being explored. this enhanced conservation alternative Continued private contributions are [FR Doc. 00–16383 Filed 6–27–00; 8:45 am] would include additional habitat, expected to be available for habitat BILLING CODE 4310±55±P ecological processes and wildlife acquisition. In addition, the Forest Service, corridors to further ensure functionality. DEPARTMENT OF THE INTERIOR Avoid or Minimize Incidental Take pursuant to the National Forest Alternative: Under this alternative, most Management Act of 1976, and the Bureau of Land Management remaining viable habitat for target Bureau of Land Management, pursuant species, and associated ecological to the Federal Land Policy and [CA±680±99±2822±00±D889] process and wildlife corridor lands in Management Act of 1976, have authority Closure and Restriction Orders the planning area would be to acquire, excess, exchange and transfer incorporated into the preserve system. Federal lands, and will be the agencies AGENCY: Bureau of Land Management, Conservation would focus on all large primarily responsible for furthering the (BLM), Interior. habitat blocks within the composite Federal realty actions. The State of ACTION: Amend emergency closure of range of target species and would allow California also acquires lands for certain public lands in the Juniper Flats development of all isolated habitat conservation purposes through the area, San Bernardino County, California. fragments. Little economic incentive for Wildlife Conservation Board, the private land-owner participation would Department of Parks and Recreation, SUMMARY: In previous Federal Register be available and immediate land and the Coachella Valley Mountains Notice, Public lands in the Juniper Flats acquisition would likely be required to Conservancy. area were closed to human entry. address the resulting take of private Approximately 16,000 acres burned in Proposed Amendment of the California lands. the Willow fire were closed from Desert Conservation Plan October 17, 1999 to July 1, 2000. You Alternative Funding and The Bureau of Land Management is are not to enter the closed area by any Implementation Mechanisms participating as a responsible agency in means of access. This amendment Estimates of the costs associated with the planning process. To ensure that its exempts human access on the trail the dedication, acquisition, and land use decisions are in conformance leading from the southern most portion management of lands to be protected in with the Multispecies Plan, the Bureau of the Bowen Ranch property (across perpetuity under the Multispecies Plan proposes to amend the California Desert BLM land referred to as the ‘‘upper have not yet been completed. Conservation Area Plan in compliance parking lot’’ to the Forest Service ‘‘lower Substantial Federal and State assets are with the National Environmental Policy parking lot’’) and trail known as the currently proposed for inclusion in the Act, the Federal Land Policy ‘‘Goat Trail’’ leading to the Deep Creek Plan, as are county, local, and private Management Act of 1976, and the Code Springs.
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DATES: This amendment goes into effect of T.3N. R.3W., ending at the boundary will begin at 9 a.m and will conclude at at 11:59 p.m. on Friday, May 26, 2000 of the Bowen Ranch. approximately 4 p.m. The agenda items and shall remain in effect until 11:59 to be covered include the review of the Tim Read, p.m. on Saturday, July 1, 2000. March 31 and May 11, 2000, meeting BLM, Barstow Field Office Manager. minutes; BLM State Director’s Update FOR FURTHER INFORMATION CONTACT: Tim [FR Doc. 00–16267 Filed 6–27–00; 8:45 am] on legislation, regulations and statewide Read, Barstow Field Office Manager, BILLING CODE 4310±40±M planning efforts; National Off-Highway Bureau of Land Management, 2601 Vehicle Use Strategy Presentation/RAC Barstow Road, Barstow, CA 92311; or Discussion; Sonoran Desert call (760) 252–6000. DEPARTMENT OF THE INTERIOR Conservation Plan Presentation; Arizona SUPPLEMENTARY INFORMATION: On Bureau of Land Management Trails System; Update Proposed Field Saturday August 28th, the Willow Fire Office Rangeland Resource Teams; started on U.S. Forest Service lands [WY070±00±EJ] Reports from BLM Field Office adjacent to BLM lands in the Juniper Managers; Reports by the Standards and Notice of Intent To Prepare an Flats area. The fire burned 63,486 acres, Guidelines, Recreation and Public Environmental Impact Statement; including approximately 16,000 acres of Relations, Wild Horse and Burro Correction BLM land. Working Groups; Reports from RAC members; and Discussion of future Natural resources comprising the AGENCY: Bureau of Land Management, meetings. A public comment period will local ecosystems were extensively Interior. be provided at 11 a.m. on August 4, damaged by the fire. The affected public ACTION: Correction of dates in Notice of 2000, for any interested publics who land has been closed to human entry Intent (NOI) to Prepare an wish to address the Council. since the fire. Over the winter the Environmental Impact Statement for Oil vegetation began growing back. This and Gas Development in the Powder FOR FURTHER INFORMATION CONTACT: indicates the natural systems are River Basin, Wyoming, published on Deborah Stevens, Bureau of Land beginning to recover. The closure is now June 21, 2000. Management, Arizona State Office, 222 amended to exempt human access on North Central Avenue, Phoenix, Arizona the trail leading to the Deep Creek Hot SUMMARY: This notice provides a 85004–2203, (602) 417–9215. Springs. The trail is well marked and is correction of the dates included in the Denise P. Meridith, ‘‘Dates’’ Section of the above referenced located in T.3N. R. 3W. Section 11. Arizona State Director. NOI. The revised section is included In general, the closed pubic lands are below. [FR Doc. 00–16283 Filed 6–27–00; 8:45 am] east of Deep Creek Road, south of the BILLING CODE 4310±32±M Atchison Topeka and Sante Fe rail lines, DATES: Comments to be considered in west of Highway 18, and north of Deep the draft EIS from the scoping period Creek. The authority for this closure is should be submitted by July 31, 2000. DEPARTMENT OF THE INTERIOR 43 CFR 8364.1, 18 U.S.C. 3571. This The draft EIS should be available for closure only applies to those portions of public review by April 15, of 2001. Bureau of Land Management the following sections burned during ADDRESSES: Questions or concerns [CA±680±00±1220±HQ] the Willow Fire: San Bernardino Base should be addressed to Paul Beels in the and Meridian, T.3N. R.1W. sections 2, 3, BLM Buffalo Field Office, 1425 Fort Supplemental Rule Restricting 4, 5 and 6; T.3N. R.2W. sections 1, 2, 3, Street, Buffalo, WY 82834. Recreational Shooting to Protect 4, 5, 6, 7 and 8: T.3N. R.3W. sections 1, FOR FURTHER INFORMATION CONTACT: Paul Human Health and Safety in a Portion 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12; T.4N. Beels, phone 307–684–1100. of Wonder Valley, California R.1W. sections 31 and 32; T.4N. R.2W. Dated: June 22, 2000. AGENCY: Bureau of Land Management, sections 26, 27, 28, 29, 31, 32, 33, 34 Department of the Interior, Barstow and 35: T.4N. R.3W. sections 21, 22, 23, Alan L. Kesterke, Field Office, Desert District, California. 24, 25, 26, 27, 28, 30, 31, 32, 33, 34 and Associate State Director. 35. If you fail to comply with this [FR Doc. 00–16284 Filed 6–27–00; 8:45 am] ACTION: On those public lands closure order you may be fined up to BILLING CODE 4310±22±M administered by the BLM and located 1 $100,000.00 or be imprisoned for up to within T.1 N., R.10 E., Sec 5 S ⁄2 and 1 12 months, or both. Sec 8 N ⁄2, San Bernardino Meridian, it DEPARTMENT OF THE INTERIOR is prohibited to fire any firearm. This You are exempt from this closure if supplemental rule does not affect the you are engaged in one of these Bureau of Land Management legitimate and legal pursuit of game or activities: law enforcement, emergency [AZ±910±0777±26±241A] the discharge of a firearm for purposes services, government business, or work of personal protection. to maintain utilities and infrastructure. State of Arizona Resource Advisory You may be exempt if permitted by a Council Meeting SUMMARY: In accordance with Title 43, BLM Authorizing Officer. You and your Code of Federal Regulations Section guests are exempt to access your AGENCY: Bureau of Land Management, 8365.1–6 the State Director may residence or property if it is within the Interior. establish supplementary rules in order closed area. This closure only affects ACTION: Arizona Resource Advisory to provide for the protection of persons, public lands. County roads and Council meeting notice. property and public lands and segments of roads through private lands resources. This authority was delegated are unaffected. You are exempt to use SUMMARY: This notice announces a to the District Managers and Field the portion of Bowen Ranch Road that meeting of the Arizona Resource Managers pursuant to BLM Manual is a County road. The exempt portion Advisory Council (RAC). The meeting 1203, California Supplement. crosses public lands in section 31 of will be held on August 4, 2000, in Penalties: Failure to comply with this T.4N. R.2W., and sections 1, 11 and 12 Phoenix, Arizona. The RAC meeting supplementary rule is punishable by a
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INTERNATIONAL TRADE United States International Trade COMMISSION Commission determines, 2 pursuant to section 751(c) of the Tariff Act of 1930 [Investigations Nos. AA±1921±143, 731±TA± 341, 731±TA±343±345, 731±TA±391±397, (19 U.S.C. § 1675(c)) (the Act), that and 731±TA±399 (Review)] revocation of the antidumping duty orders on the following types of Certain Bearings From China, France, bearings from China, France, Germany, Germany, Hungary, Italy, Japan, Italy, Japan, Singapore, and the United Romania, Singapore, Sweden, and the Kingdom would be likely to lead to United Kingdom continuation or recurrence of material Determinations injury to an industry in the United 1 States within a reasonably foreseeable On the basis of the record developed time. in the subject five-year reviews, the
Investigation Product Country No.
Tapered roller bearings ...... China 3 ...... 731±TA±344 Ball bearings ...... France ...... 731±TA±392 Ball bearings ...... Germany 3 ...... 731±TA±391 Ball bearings ...... Italy 3 ...... 731±TA±393 Ball bearings ...... Japan 3 ...... 731±TA±394 Ball bearings ...... Singapore 4 ...... 731±TA±396 Ball bearings ...... United Kingdom 3 ...... 731±TA±399 Spherical plain bearings ...... France 4 ...... 731±TA±392
The Commission also determines that Germany, Hungary, Italy, Japan, injury to an industry in the United revocation of the antidumping finding Romania, Sweden, and the United States within a reasonably foreseeable and antidumping duty orders on the Kingdom would not be likely to lead to time. following types of bearings from France, continuation or recurrence of material
Investigation Product Country No.
Tapered roller bearings ...... Hungary ...... 731±TA±341 Tapered roller bearings ...... Japan 5 ...... AA±1921± 143 Tapered roller bearings ...... Japan 5 ...... 731±TA±343 Tapered roller bearings ...... Romania 6 ...... 731±TA±345 Ball bearings ...... Romania 6 ...... 731±TA±395 Ball bearings ...... Sweden 7 ...... 731±TA±397 Cylindrical roller bearings ...... France 6 ...... 731±TA±392 Cylindrical roller bearings ...... Germany 6 ...... 731±TA±391 Cylindrical roller bearings ...... Italy 6 ...... 731±TA±393 Cylindrical roller bearings ...... Japan 6 ...... 731±TA±394 Cylindrical roller bearings ...... Sweden ...... 731±TA±397 Cylindrical roller bearings ...... United Kingdom 5 ...... 731±TA±399 Spherical plain bearings ...... Germany 6 ...... 731±TA±391 Spherical plain bearings ...... Japan 6 ...... 731±TA±394
Background posting copies of the notice in the Office TA–341, 731–TA–343–345, 731–TA– The Commission instituted these of the Secretary, U.S. International 391–397, and 731–TA–399 (Review). reviews on April 1, 1999 (64 FR 15783) Trade Commission, Washington, DC, Issued: June 22, 2000. and by publishing the notice in the and determined on July 2, 1999 that it By order of the Commission. would conduct full reviews (64 FR Federal Register on August 27, 1999 (64 Donna R. Koehnke, 38471, July 16, 1999). Notice of the FR 46949). The hearing was held in scheduling of the Commission’s reviews Washington, DC, on March 21, 2000, Secretary. and of a public hearing to be held in and all persons who requested the [FR Doc. 00–16343 Filed 6–27–00; 8:45 am] connection therewith was given by opportunity were permitted to appear in BILLING CODE 7020±02±P person or by counsel. 1 The record is defined in sec. 207.2(f) of the The Commission transmitted its Commission’s Rules of Practice and Procedure (19 determinations in these reviews to the INTERNATIONAL TRADE CFR § 207.2(f)). COMMISSION 2 Vice Chairman Deanna Tanner Okun not Secretary of Commerce on June 26, participating. 2000. The views of the Commission are 3 Commissioner Thelma J. Askey dissenting. contained in USITC Publication 3309 Sunshine Act Meeting 4 Commissioners Jennifer A. Hillman and Thelma (June 2000), entitled Certain Bearings J. Askey dissenting. from China, France, Germany, Hungary, AGENCY HOLDING THE MEETING: United 5 Commissioner Marcia E. Miller dissenting. States International Trade Commission. 6 Commissioners Lynn M. Bragg and Marcia E. Italy, Japan, Romania, Singapore, Miller dissenting. Sweden, and the United Kingdom: TIME AND DATE: July 7, 2000 at 11 a.m. 7 Commissioner Lynn M. Bragg dissenting. Investigations Nos. AA1921–143, 731–
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PLACE: Room 101, 500 E Street S.W., revised form and soliciting public technological collection techniques or Washington, DC 20436, Telephone: comments for an additional 60 days. other forms of information technology, (202) 205–2000. During the two comment periods a total e.g., permitting electronic submission of STATUS: Open to the public. of 20 organizations and individuals responses. MATTERS TO BE CONSIDERED: submitted comments concerning the Overview of this information 1. Agenda for future meeting: None. proposed revisions to the Form N–400. collection: 2. Minutes. The comments were reviewed and (1) Type of Information Collection: 3. Ratification List. reconciled by the responsible program Revision of a currently approved 4. Inv. Nos. 701–TA–178 and 731– office and this proposed form as now collection. TA–636–638 (Review) (Stainless Steel published in the Federal Register for (2) Title of the Form/Collection: Wire Rod from Brazil, France, India, and information purposes only, incorporates Application for Naturalization. Spain)—briefing and vote. (The the additional suggestions and changes (3) Agency form number, if any, and Commission will transmit its recommended by interested parties. the applicable component of the determination to the Secretary of The public is reminded that the Department of Justice sponsoring this Commerce on July 18, 2000.) current Form N–400 dated January 15, collection: Form N–400, Immigration 5. Inv. Nos. 731–TA–457–A–D 1999, must be used until OMB approves Services Division, Immigration and (Review) (Heavy Forged Handtools from the revision of this form and INS Naturalization Service. China)—briefing and vote. (The announces the implementation date for (4) Affected public who will be asked Commission will transmit its use of the revised Form N–400. or required to respond, as well as a brief determination to the Secretary of The purpose of this notice is to allow abstract: Primary: Individuals or Commerce on July 18, 2000.) an additional 60 days for public Households. The information collected 6. Outstanding action jackets: None. comments on the proposed revised form is used by the INS to determine In accordance with Commission to ensure compliance with the eligibility for naturalization. Paperwork Reduction Act. Comments policy, subject matter listed above, not (5) An estimate of the total number of are encouraged and will be accepted disposed of at the scheduled meeting, respondents and the amount of time until August 28, 2000. This process is may be carried over to the agenda of the estimated for an average respondent to conducted in accordance with 5 CFR following meeting. respond: 700,000 responses at 6 hours 1320.10. Issued: June 26, 2000. per response. Written comments and/or suggestions By order of the Commission. (6) An estimate of the total public regarding the items contained in this Donna R. Koehnke, burden (in hours) associated with the notice, especially regarding the collection: 4,200,000 annual burden Secretary. estimated public burden and associated hours. [FR Doc. 00–16491 Filed 6–26–00; 2:10 pm] response time, should be directed to the BILLING CODE 7020±02±P Office of Management and Budget, If you have additional comments, Office of Information and Regulatory suggestions, or need a copy of the Affairs, Attention: Lauren Wittenberg, proposed information collection DEPARTMENT OF JUSTICE Department of Justice Desk Officer, instrument with instructions, or Room 10235, Washington, DC 20530; additional information, please contact Immigration and Naturalization Service 202–395–4718. Richard A. Sloan 202–514–3291, Written comments and suggestions Director, Policy Directives and Agency Information Collection from the public and affected agencies Instructions Branch, Immigration and Activities: Proposed Collection; concerning the proposed collection of Naturalization Service, U.S. Department Comment Request information should address one or more of Justice, Room 5307, 425 I Street, NW., Washington, DC 20536. Additionally, ACTION: Notice of information collection of the following four points: (1) Evaluate whether the proposed comments and/or suggestions regarding under review; application for the item(s) contained in this notice, naturalization. collection of information is necessary for the proper performance of the especially regarding the estimated The Department of Justice, functions of the agency, including public burden and associated response Immigration and Naturalization Service whether the information will have time may also be directed to Mr. (INS) has submitted the following practical utility; Richard A. Sloan. information collection request for (2) Evaluate the accuracy of the If additional information is required review and clearance in accordance agency’s estimate of the burden of the contact: Mr. Robert B. Briggs, Clearance with the Paperwork Reduction Act of proposed collection of information, Officer, United States Department of 1995. including the validity of the Justice, Information Management and The INS published a Federal Register methodology and assumptions used; Security Staff, Justice Management notice on October 16, 1998 at 63 FR (3) Enhance the quality, utility, and Division, Suite 850, Washington Center, 55643 to solicit public comments for a clarity of the information to be 1001 G Street, NW, Washington, DC 60-day period regarding an initial draft collected; and 20530. revision of this collection (Form N–400). (4) Minimize the burden of the Dated: June 22, 2000. In order to encourage more comments, collection of information on those who Richard A. Sloan, the INS published a second Federal are to respond, including through the Department Clearance Officer, Department of Register notice on January 8, 1999 at 64 use of appropriate automated, Justice, Immigration and Naturalization FR 1219, exhibiting a draft of the electronic, mechanical, or other Service.
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[FR Doc. 00–16258 Filed 6–27–00; 8:45 am] BILLING CODE 4410±10±M
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DEPARTMENT OF LABOR areas for hazardous conditions, III. Current Actions including tests for methane and oxygen Mine Safety and Health Administration deficiency, within 90 minutes before MSHA proposes to continue the each shift and once during each shift, information collection requirement Proposed Information Collection and before and after blasting. The related to records of preshift and onshift Request Submitted for Public surface area surrounding each slope and inspections of slope and shaft areas for Comment and Recommendations; shaft is also required to be inspected for an additional 3 years. MSHA believes Records of Preshift and Onshift hazards. that eliminating this requirement would Inspections of Slope and Shaft Areas The standard also requires that a expose miners to unnecessary risk of ACTION: Notice. record be kept of the results of the injury or death. inspections. The record consists of a The records are used by slope and SUMMARY: The Department of Labor, as description of any hazardous condition shaft supervisors and employees, State part of its continuing effort to reduce found and the corrective action taken to mine inspectors, and Federal mine paperwork and respondent burden, abate it. The record is necessary to inspectors. The records show that the conducts a preclearance consultation ensure that the inspections and tests are examinations and tests were conducted program to provide the general public conducted in a timely fashion and that and Federal agencies with an and give insight into the hazardous corrective action is taken when conditions that have been encountered opportunity to comment on proposed hazardous conditions are identified. The and/or continuing collections of and those that may be encountered. The record is maintained at the mine site for records of inspections greatly assist information in accordance with the the duration of the operation. Paperwork Reduction Act of 1995 those who use them in making decisions (PRA95) (44 U.S.C. 3506(c)(2)(A)). This II. Desired Focus of Comments that will ultimately affect the safety and program helps to ensure that requested health of slope and shaft sinking data can be provided in the desired Currently, the Mine Safety and Health employees. Administration (MSHA) is soliciting format, reporting burden (time and Type of Review: Extension. financial resources) is minimized, comments concerning the proposed Agency: Mine Safety and Health collection instruments are clearly extension of the information collection understood, and the impact of collection related to the Records of Preshift and Administration. requirements on respondents can be Onshift Inspections of Slope and Shaft Title: Records of Preshift and Onshift properly assessed. Areas. (Pertains to slope and shaft Inspections of Slope and Shaft Areas. sinking operations at coal mines.) DATES: Submit comments on or before OMB Number: 1219–0082. August 28, 2000. MSHA is particularly interested in comments which: Recordkeeping: Records are required ADDRESSES: Send comments to Brenda • Evaluate whether the proposed to be kept for the duration of the C. Teaster, Acting Chief, Records operation. Management Division, 4015 Wilson collection of information is necessary Boulevard, Room 709A, Arlington, VA for the proper performance of the Affected Public: Business or other for- 22203–1984. Commenters are functions of the agency, including profit institutions. encouraged to send their comments on whether the information will have Cite/Reference/Form/etc: 30 CFR a computer disk, or via E-mail to practical utility; 77.1901. • [email protected], along with an Evaluate the accuracy of the Total Respondents: 35. original printed copy. Ms. Teaster can agency’s estimate of the burden of the be reached at (703) 235–1470 (voice), or proposed collection of information, Frequency: Twice per shift. (703) 235–1563 (facsimile). including the validity of the Total Responses: 11,858. FOR FURTHER INFORMATION CONTACT: methodology and assumptions used; Average Time per Response: 1.25 Brenda C. Teaster, Acting Chief, Records • Enhance the quality, utility, and hours. Management Division, U.S. Department clarity of the information to be of Labor, Mine Safety and Health Estimated Total Burden Hours: 14,823 collected; and hours. Administration, Room 709A, 4015 • Wilson Boulevard, Arlington, VA Minimize the burden of the Total Burden Cost (capital/startup): 22203–1984. Ms Teaster can be reached collection of information on those who $0. at [email protected] (Internet E-mail), are to respond, including through the use of appropriate automated, Total Burden Cost (operating/ (703) 235–1470 (voice), or (703) 235– maintaining): $0. 1563 (facsimile). electronic, mechanical, or other technological collection techniques or SUPPLEMENTARY INFORMATION: Comments submitted in response to other forms of information technology, this notice will be summarized and/or I. Background e.g., permitting electronic submissions included in the request for Office of The sinking of slopes and shafts is a of responses. Management and Budget approval of the particularly hazardous operation where A copy of the proposed information information collection request; they will conditions change drastically in short collection request may be viewed on the also become a matter of public record. periods of time. Explosive methane and Internet by accessing the MSHA Home Dated: June 22, 2000. other harmful gases can be expected to Page (http://www.msha.gov) and infiltrate the work environment at any selecting ‘‘Statutory and Regulatory Brenda C. Teaster, time. The working environment is Information’’ then ‘‘Paperwork Acting Chief, Records Management Division. typically a confined area in close Reduction Act submission (http:// [FR Doc. 00–16321 Filed 6–27–00; 8:45 am] proximity to moving equipment. www.msha.gov/regspwork.htm)’’, or by BILLING CODE 4510±43±M Mandatory safety standard 30 CFR contacting the employee listed above in 77.1901 requires coal mine operators to the For Further Information Contact conduct examinations of slope and shaft section of this notice for a hard copy.
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DEPARTMENT OF LABOR e.g., permitting electronic submissions Agency Number: ICR 1218–0209 2000. of responses. Affected Public: Business or other for- Occupational Safety and Health ADDRESSES: Comments are to be profit, farms, and State, Local or Tribal Administration submitted to the Docket Office, Docket Government. [Docket No. ICR 1218±0209 2000] No. ICR 1218–0209 2000, U.S. Cite/Reference/Form/etc: OSHA Form Department of Labor, Room N–2625, 196A and OSHA Form 196B. Proposed Information Collection 200 Constitution Ave., NW, Total Respondents: 136,000. Request Submitted for Public Washington, D.C. 20210, telephone Frequency: Annually. Comment and Recommendations; (202) 693–2350. Written comments Average Time per Response: 30 OSHA Data Initiative (1218±0209) limited to 10 pages or less in length may minutes. be transmitted by facsimile to (202) Estimated Total Burden Hours: 63,000 ACTION: Notice. 693–1648. hours. Comments submitted in response to SUMMARY: The Department of Labor, as FOR FURTHER INFORMATION CONTACT: this comment request will be part of its continuing effort to reduce Dave Schmidt, Directorate of summarized and/or included in the paperwork and respondent burden, Information Technology, Office of request for Office of Management and conducts a pre-clearance consultation Statistics, Occupational Safety and Budget approval of the information program to provide the general public Health Administration, U.S. Department collection request; they will also and Federal agencies with an of Labor, Room N3644, 200 Constitution become a matter of public record. opportunity to comment on proposed Avenue, NW, Washington, DC 20210, and/or continuing collections of telephone: (202) 693–1886. Copies of Dated: June 22, 2000. information in accordance with the the referenced information collection Charles N. Jeffress, Paperwork Reduction Act of 1995 request are available for inspection and Assistant Secretary for Occupational Safety (PRA95) (44 U.S.C. 3506(c)(2)(A)). This copying in the Docket Office and will be and Health. program helps to ensure that requested mailed to persons who request copies by [FR Doc. 00–16345 Filed 6–27–00; 8:45 am] data can be provided in the desired telephoning Dave Schmidt at (202) 693– BILLING CODE 4510±26±M format, reporting burden (time and 1886 or Todd Owen at (202) 693–2444. financial resources) is minimized, For electronic copies of the OSHA Data collection instruments are clearly Initiative information collection request, DEPARTMENT OF LABOR understood, and the impact of collection contact OSHA’s WebPage on the Occupational Safety and Health requirements on respondents can be Internet at http://www.osha-slc.gov/ Administration properly assessed. Currently, the OCIS/Infor_coll.html. Occupational Safety and Health SUPPLEMENTARY INFORMATION: [Docket No. NRTL±2±98] Administration (OSHA) is soliciting comments concerning the proposed I. Background NSF International, Expansion of extension of the information collection To meet many of OSHA’s program Recognition request for the OSHA Data Collection needs, OSHA is proposing to continue AGENCY: Occupational Safety and Health System. A copy of the proposed its data initiative to collect occupational Administration (OSHA), Labor. information collection request (ICR) can injury and illness data and information ACTION: Notice. be obtained by contacting the office on number of workers employed and listed below in the addresses section of number of hours worked from SUMMARY: This notice announces the this notice. establishments in portions of the private Agency’s final decision on the DATES: Written comments must be sector and from some state and local application of NSF International (NSF) submitted to the office listed in the government agencies. OSHA will collect for expansion of its recognition as a addressee section below on or before calendar year 2000 data from up to Nationally Recognized Testing August 28, 2000. 136,000 employers already required to Laboratory (NRTL) under 29 CFR The Department of Labor is create and maintain records pursuant to 1910.7. particularly interested in comments 29 CFR Part 1904. These data will allow EFFECTIVE DATE: which: OSHA to calculate occupational injury This recognition • Evaluate whether the proposed and illness rates and to focus its efforts becomes effective on June 28, 2000 and, collection of information is necessary on individual workplaces with ongoing unless modified in accordance with 29 for the proper performance of the serious safety and health problems. CFR 1910.7, continues in effect while functions of the agency, including Successful implementation of the data NSF remains recognized by OSHA as an whether the information will have collection initiative is critical to OSHA’s NRTL. practical utility; reinvention efforts and the data FOR FURTHER INFORMATION CONTACT: • Evaluate the accuracy of the requirements tied to the Government Bernard Pasquet, Office of Technical agency’s estimate of the burden of the Performance and Results Act (GPRA). Programs and Coordination Activities, proposed collection of information, NRTL Program, Occupational Safety and including the validity of the II. Current Actions Health Administration, U.S. Department methodology and assumptions used; This notice requests public comment of Labor, 200 Constitution Avenue, NW, • Enhance the quality, utility, and on an extension of the current OMB Room N3653, Washington, D.C. 20210, clarity of the information to be approval of the paperwork requirements or phone (202) 693–2110. collected; and minimize the burden of for the OSHA Data Collection System. SUPPLEMENTARY INFORMATION: the collection of information on those Type of Review: Extension of who are to respond, including through currently approved collection. Notice of Final Decision the use of appropriate automated, Agency: Occupational Safety and The Occupational Safety and Health electronic, mechanical, or other Health Administration. Administration (OSHA) hereby gives technological collection techniques or Title: OSHA Data Initiative. notice of the expansion of recognition of other forms of information technology, OMB Number: 1218–0209. NSF International (NSF) as a Nationally
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Recognized Testing Laboratory (NRTL). the expansion of NSF’s recognition to CFR 1910.7, OSHA hereby expands the NSF’s expansion request covers the use include the additional test standards. recognition of NSF, subject to these of additional test standards. The most recent notices published by limitations and conditions. OSHA for the NSF recognition covered OSHA recognition of an NRTL Limitations signifies that the organization has met its initial recognition, which OSHA the legal requirements in Section 1910.7 announced on August 8, 1998 (63 FR OSHA hereby expands the recognition of Title 29, Code of Federal Regulations 46082) and granted on December 10, of NSF for testing and certification of (29 CFR 1910.7). Recognition is an 1998 (63 FR 68309). products to demonstrate conformance to acknowledgment that the organization You may obtain or review copies of the 8 additional test standards listed can perform independent safety testing all public documents pertaining to the below. OSHA has determined that each and certification of the specific products application by contacting the Docket test standard meets the requirements for covered within its scope of recognition Office, Occupational Safety and Health an appropriate test standard, within the and is not a delegation or grant of Administration, U.S. Department of meaning of 29 CFR 1910.7(c). government authority. As a result of Labor, 200 Constitution Avenue, NW, The Agency’s recognition of NSF, or recognition, OSHA can accept products Room N2625, Washington, D.C. 20210, any NRTL, for a particular test standard ‘‘properly certified’’ by the NRTL. telephone: (202) 693–2350. You should is always limited to equipment or OSHA processes applications related to refer to Docket No. NRTL–2–98, the materials (products) for which OSHA an NRTL’s recognition following permanent records of public standards require third party testing and requirements in Appendix A to 29 CFR information on the NSF recognition. certification before use in the 1910.7. This appendix requires that the The current address of the NSF workplace. As a result, OSHA’s Agency publish this public notice of its facility (site) recognized by OSHA is: recognition of an NRTL for a test final decision on an application. NSF International, 789 Dixboro, Ann standard excludes any product(s), NSF submitted a request, dated Arbor, Michigan 48105. falling within the scope of the test December 17, 1998 (see Exhibit 6A), to Condition standard, for which OSHA has no such expand its recognition as an NRTL for requirements. As previously mentioned, OSHA UL 94 Tests for Flammability of Plastic 6 additional test standards. NSF also included a condition in the Federal submitted a similar request, dated Materials for Parts in Devices and Register notice for the recognition of Appliances March 1, 1999 (see Exhibit 6B), for 4 NSF, published on December 10, 1998 other test standards. The NRTL Program UL 621 Ice Cream Makers (63 FR 68309). The condition requires UL 651 Schedule 40 and 80 PVC staff determined that two of the NSF to contact the NRTL Program after standards listed in the December 17 Conduit NSF has certified its first products UL 651A Type EB and A Rigid PVC request were not ‘‘appropriate test under the program. The condition Conduit and HDPE Conduit standards,’’ within the meaning of 29 continues to apply as part of this UL 749 Household [Electric] CFR 1910.7(c). The staff makes such expansion. We have included it below. Dishwashers determinations in processing expansion The condition applies solely to the UL 763 Motor-Operated Commercial requests from any NRTL. Therefore, NSF operations as an NRTL and solely Food Preparing Machines OSHA approved 8 test standards for the to those products that it certifies for UL 1081 Swimming Pool Pumps, expansion. The staff temporarily purposes of enabling employers to meet Filters, and Chlorinators withheld its consideration of NSF’s OSHA product approval requirements. UL 1821 Thermoplastic Sprinkler Pipe requests pending notification by the The condition is in addition to the other and Fittings for Fire Protection NRTL of the certification of its first conditions listed below, which OSHA Some standards listed above are products under the NRTL Program. The normally imposes in its recognition of approved as American National Agency imposed a condition requiring an organization as an NRTL. The NRTL Standards by the American National such a notification when it recognized Program staff includes these types of Standards Institute (ANSI). However, for NSF. However, NSF informed OSHA additional conditions on OSHA’s convenience, the above list shows the that it had not yet had an opportunity informational web page for the NRTL. designation of the standard developing to perform such a certification. OSHA When the staff determines that a organization (e.g., UL 22) for the decided to grant NSF’s requests, but particular condition has been satisfied, standard, as opposed to the ANSI continues to impose the condition for not only for NSF but for any NRTL, they designation (e.g., ANSI/UL 22). Under notification as restated in this notice. will remove the condition from the web our procedures, an NRTL that is OSHA published the required notice page and notify the NRTL accordingly. approved for a particular test standard in the Federal Register (65 FR 11344, OSHA has no requirement to publish a may use either the latest proprietary 03/02/2000) to announce the NSF public notice to remove conditions it version of the test standard or the latest expansion request. The notice included imposes as part of its NRTL recognition ANSI version of that standard, a preliminary finding that NSF could activities. regardless of whether it is currently meet the requirements for expansion of Final Decision and Order recognized for the proprietary or ANSI its recognition, subject to the condition version. Contact ANSI or the ANSI web mentioned above, and OSHA invited The NRTL Program staff has site to find out whether or not a public comment on the application by examined the application and other standard is currently ANSI approved. May 1, 2000. OSHA received no pertinent information. Based upon this None of the above standards had been comments concerning this application. examination and the assessor’s withdrawn by the standards developing In processing these requests, OSHA recommendation, OSHA finds that NSF organization (SDO) at the time of the did not perform an on-site review of International has met the requirements preparation of the notice of preliminary NSF’s NRTL testing facilities. However, of 29 CFR 1910.7 for expansion of its finding. NRTL Program assessment staff recognition to include the additional reviewed information pertinent to the test standards, listed below, subject to Conditions request and, in a memo dated October the limitations and conditions listed NSF International must also abide by 21, 1999 (see Exhibit 7), recommended below. Pursuant to the authority in 29 the following conditions of the
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Room N2625, Washington, D.C. 20210, ‘‘procedures’’ that it can adapt for each will remove the condition from the web telephone: (202) 693–2350. You should specific test standard covered by this page and notify the NRTL accordingly. refer to Docket No. NRTL–3–92, the notice, and it will develop more specific OSHA has no requirement to publish a permanent records of public testing procedures for each test public notice to remove conditions it information on the TUV recognition. standard. However, it must have these imposes as part of its NRTL recognition The current address of the TUV procedures in-place before it can activities. facility (site) recognized by OSHA is: undertake any testing, and therefore TUV Rheinland of North America, Inc., before any certification, of products Final Decision and Order 12 Commerce Road, Newtown, covered by the particular test standard. The NRTL Program staff has Connecticut 06470. If these procedures are not in place, examined the application, the on-site review report, and other pertinent Interim Approval Subject To Review TUV would not meet the requirements for continued recognition of the information. Based upon this Some of the standards requested by particular test standard(s). As a result, examination and the staff’s TUV were not ‘‘appropriate’’ because OSHA recognizes TUV for the recommendation, OSHA finds that TUV the standards developing organization additional standards listed above Rheinland of North America, Inc., has (SDO) had withdrawn the standard. subject to a later assessment of the met the requirements of 29 CFR 1910.7 Under our procedures for the NRTL relevant documentation and procedures for expansion of its recognition to Program, when an SDO withdraws a test for testing to these standards. During include the additional test standards, standard, an NRTL may request future on-site visits of the NRTL, the listed below, subject to the limitations recognition for a comparable standard, NRTL Program staff would audit for and conditions listed below. Pursuant to and OSHA will note the substitution if compliance to the condition. The the authority in 29 CFR 1910.7, OSHA it determines the standard is Agency would commence the process to hereby expands the recognition of TUV, appropriate and comparable. However, revoke recognition for any test standards subject to these limitations and through no fault of TUV, it made such for which TUV does not properly meet conditions. a request after publication of the the condition. preliminary notice (see Exh. 19C). As mentioned above, TUV submitted Limitations OSHA has included in the list below UL documentation to OSHA to resolve OSHA hereby expands the recognition 2157, UL 2158, and UL 3121–1, as certain findings noted during a review of TUV for testing and certification of replacement for UL 1092, UL 560, UL of TUV’s site. The NRTL Program staff products to demonstrate conformance to 1555, and UL 1556, all of which TUV withheld its consideration of TUV’s the 119 additional test standards listed included in its original request of May expansion request until the NRTL below. OSHA has determined that each 5. Also, in its May 5 request, TUV had submitted its resolution. Although the test standard meets the requirements for applied for ‘‘UL 335–1 General staff has accepted the resolution, it will an appropriate test standard, within the Appliances, IEC based,’’ which the take some time to implement. However, meaning of 29 CFR 1910.7(c). NRTL staff did not find listed in UL’s since the staff believes that TUV will The Agency’s recognition of TUV, or on-line catalog of standards. Therefore, make full implementation, OSHA has any NRTL, for a particular test standard the staff excluded this standard from the decided to proceed with the expansion is always limited to equipment or preliminary notice. After the but includes a condition to comply with materials (products) for which OSHA publication of the notice, the staff our approval procedures. The condition standards require third party testing and learned that TUV had intended to apply provides the Agency with added certification before use in the for UL 60335–1 Safety of Household and assurance that TUV will properly workplace. As a result, OSHA’s Similar Electrical Appliances, Part 1; implement its resolution. The Agency recognition of an NRTL for a test General Requirements. OSHA would does not reveal the specific findings of standard excludes any product(s), have included this standard in the its on-site reviews because they often falling within the scope of the test preliminary notice if the staff had contain specific details that may be standard, for which OSHA has no such known and reviewed the correct confidential or privileged to the NRTL. requirements. standard. OSHA is expanding the For purposes of this notice, OSHA UL 22 Amusement and Gaming recognition of TUV to include the above proposes the condition in terms that the Machines four standards, which require the same Agency believes are fair to the NRTL UL 48 Electric Signs type of capabilities as many other test and provide appropriate information to UL 67 Panelboards standards approved for the expansion. the public. UL 73 Motor-Operated Appliances However, since these standards were Therefore, OSHA includes UL 82 Electric Gardening Appliances not included in the preliminary notice, appropriate conditions below to address UL 122 Photographic Equipment the Agency will provide interested these matters. These conditions apply UL 130 Electric Heating Pads parties an opportunity to comment. solely to the TUV operations as an UL 136 Pressure Cookers Comments submitted by interested NRTL and solely to those products that UL 141 Garment Finishing Appliances parties must be received no later than it certifies for purposes of enabling UL 153 Portable Electric Lamps August 28, 2000. If we receive employers to meet OSHA product UL 174 Household Electric Storage Tank comments, OSHA will determine approval requirements. The conditions Water Heaters whether additional procedures are are in addition to the other conditions UL 197 Commercial Electric Cooking necessary. listed below, which OSHA normally Appliances imposes in its recognition of an UL 250 Household Refrigerators and Additional Conditions organization as an NRTL. The NRTL Freezers TUV has demonstrated its general Program staff includes these types of UL 298 Portable Electric Hand Lamps capability for testing to the above additional conditions on OSHA’s UL 430 Waste Disposers standards. The testing capabilities informational web page for the NRTL. UL 469 Musical Instruments and required under these standards are very When the staff determines that a Accessories similar to those standards for which it particular condition has been satisfied, UL 471 Commercial Refrigerators and is already recognized. TUV has general not only for TUV but for any NRTL, they Freezers
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UL 474 Dehumidifiers UL 923 Microwave Cooking Appliances UL 1594 Sewing and Cutting Machines UL 482 Portable Sun/Heat Lamps UL 935 Fluorescent-Lamp Ballasts UL 1647 Motor-Operated Massage and UL 499 Electric Heating Appliances UL 961 Electric Hobby and Sports Exercise Machines UL 506 Specialty Transformers Equipment UL 1693 Electric Radiant Heating Panels UL 507 Electric Fans UL 982 Motor-Operated Household and Heating Panel Sets UL 508 Industrial Control Equipment Food Preparing Machines UL 1727 Commercial Electric Personal UL 508C Power Conversion Equipment UL 984 Hermetic Refrigerant Motor- Grooming Appliances UL 541 Refrigerated Vending Machines Compressors UL 1776 High-Pressure Cleaning UL 561 Floor Finishing Machines UL 987 Stationary and Fixed Electric UL 583 Electric-Battery-Powered Machines Tools UL 1786 Nightlights Industrial Trucks UL 1004 Electric Motors UL 1795 Hydromassage Bathtubs UL 621 Ice Cream Makers UL 1005 Electric Flatirons UL 696 Electric Toys UL 1012 Power Units Other than Class UL 1838 Low Voltage Landscape UL 697 Toy Transformers Two Lighting Systems UL 745–1 Portable Electric Tools UL 1017 Vacuum Cleaning Machines UL 1995 Heating and Cooling UL 745–2–1 Particular Requirements of and Blower Cleaners Equipment Drills UL 1018 Electric Aquarium Equipment UL 2021 Fixed and Location-Dedicated UL 745–2–2 Particular Requirements for UL 1026 Electric Household Cooking Electric Room Heaters Screwdrivers and Impact Wrenches and Food-Serving Appliances UL 2157 Electric Clothes Washing UL 745–2–3 Particular Requirements for UL 1028 Hair Clipping and Shaving Machines and Extractors Grinders, Polishers, and Disk-Type Appliances UL 2158 Electric Clothes Dryers Sanders UL 1042 Electric Baseboard Heating UL 3121–1 Process Control Equipment UL 745–2–4 Particular Requirements for Equipment UL 60335–1 Safety of Household and Sanders UL 1081 Swimming Pool Pumps, Filters Similar Electrical Appliances, Part 1; UL 745–2–5 Particular Requirements for and Chlorinators General Requirements Circular Saws and Circular Knives UL 1082 Household Electric Coffee UL 745–2–6 Particular Requirements for UL 8730–1 Electrical Controls for Makers and Brewing-Type Appliances Household and Similar Use; Part 1: Hammers UL 1083 Household Electric Skillets and UL 745–2–8 Particular Requirements for General Requirements Frying-Type Appliances Shears and Nibblers UL 8730–2–3 Automatic Electrical UL 1230 Amateur Movie Lights UL 745–2–9 Particular Requirements for Controls for Household and Similar UL 1236 Battery Chargers for Charging Tappers Use; Part 2: Particular Requirements Engine-Starter Batteries UL 745–2–11 Particular Requirements for Thermal Motor Protectors for UL 1240 Electric Commercial Clothes- for Reciprocating Saws Ballasts for Tubular Fluorescent Drying Equipment UL 745–2–12 Particular Requirements Lamps UL 1278 Movable and Wall- or Ceiling- for Concrete Vibrators UL 8730–2–4 Automatic Electrical UL 745–2–14 Particular Requirements Hung Electric Room Heaters Controls for Household and Similar UL 1310 Class 2 Power Units for Planers Use; Part 2: Particular Requirements UL 745–2–17 Particular Requirements UL 1409 Low-Voltage Video Products for Thermal Motor Protectors for for Routers and Trimmers Without Cathode-Ray-Tube Displays Motor Compressors or Hermetic and UL 745–2–30 Particular Requirements UL 1411 Transformers and Motor Semi-Hermetic Type for Staplers Transformers for Use In Audio-, UL 8730–2–8 Automatic Electrical UL 745–2–31 Particular Requirements Radio-, and Television-Type Controls for Household and Similar for Diamond Core Drills Appliances Use; Part 2: Particular Requirements UL 745–2–32 Particular Requirements UL 1418 Implosion-Protected Cathode- for Electrically Operated Water Valves Ray Tubes for Television-Type for Magnetic Drill Presses Many of the standards listed above are UL 745–2–33 Particular Requirements Appliances UL 1419 Professional Video and Audio approved as American National for Portable Bandsaws Standards by the American National UL 745–2–34 Particular Requirements Equipment UL 1431 Personal Hygiene and Health Standards Institute (ANSI). However, for for Strapping Tools convenience, the above list shows the UL 745–2–35 Particular Requirements Care Appliances UL 1445 Electric Water Bed Heaters designation of the standard developing for Drain Cleaners organization (e.g., UL 22) for the UL 745–2–36 Particular Requirements UL 1459 Telephone Equipment standard, as opposed to the ANSI for Hand Motor Tools UL 1559 Insect-Control Equipment, designation (e.g., ANSI/UL 22). Under UL 745–2–37 Particular Requirements Electrocution Type our procedures, an NRTL that is for Plate Jointers UL 1561 Dry Type General Purpose and UL 749 Household Dishwashers Power Transformers approved for a particular test standard UL 751 Vending Machines UL 1563 Electric Spas, Equipment may use either the latest proprietary UL 763 Motor-Operated Commercial Assemblies, and Associated version of the test standard or the latest Food Preparing Machines Equipment ANSI version of that standard, UL 775 Graphic Arts Equipment UL 1564 Industrial Battery Chargers regardless of whether it is currently UL 778 Motor Operated Water Pumps UL 1570 Fluorescent Lighting Fixtures recognized for the proprietary or ANSI UL 826 Household Electric Clocks UL 1571 Incandescent Lighting Fixtures version. Contact ANSI or the ANSI web UL 858 Household Electric Ranges UL 1572 High Intensity Discharge site to find out whether or not a UL 859 Household Electric Personal Lighting Fixtures standard is currently ANSI approved. Grooming Appliance UL 1573 Stage and Studio Lighting None of the above standards had been UL 867 Electrostatic Air Cleaners Units withdrawn by the standards developing UL 875 Electric Dry Bath Heaters UL 1574 Track Lighting Systems organization (SDO) at the time of the UL 921 Commercial Electric UL 1585 Class 2 and Class 3 preparation of the notice of preliminary Dishwashers Transformers finding.
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Conditions Signed at Washington, DC this 20th day of Agency publish this public notice of its June, 2000. final decision on an application. TUV Rheinland of North America, Charles N. Jeffress, When Wyle received recognition as an Inc., must also abide by the following Assistant Secretary. NRTL, it was part of Wyle Laboratories, conditions of the recognition, in [FR Doc. 00–16320 Filed 6–27–00; 8:45 am] a publicly-held corporation first addition to those already required by 29 BILLING CODE 4510±26±P established in 1949. In 1995, Wyle CFR 1910.7: informed OSHA (see Exhibit 13) that it TUV must have specific written had become a ‘‘privately held company testing procedures in place before DEPARTMENT OF LABOR incorporated in the State of Delaware.’’ testing products covered by any test The ‘‘new’’ company name was also standard for which it is recognized and Occupational Safety and Health ‘‘Wyle Laboratories.’’ In 1997, the NRTL must use these procedures in testing Administration informed OSHA of the sale of its and certifying those products; [Docket No. NRTL±1±93] ‘‘Electronic Enclosures Division’’ and TUV must restrict the certification requested that OSHA remove a condition that the Agency had imposed and qualification activities that it Wyle Laboratories, Inc.; Renewal of in the notice of Wyle’s initial performs in its capacity as an NRTL Recognition recognition. The condition had only to its Newtown facility. TUV must AGENCY: Occupational Safety and Health excluded from the recognition any perform these activities in accordance Administration (OSHA), Labor. testing and certification of an with OSHA’s relevant policies and ACTION: ‘‘enclosure cabinet manufactured or criteria for these activities and, in Notice. distributed by Wyle.’’ OSHA granted accordance with its response, to the SUMMARY: This notice announces the this request on January 16, 1998 (63 FR applicable on-site review that OSHA has Agency’s final decision on the 2700). accepted; application of Wyle Laboratories, Inc. Wyle received its recognition as an OSHA must be allowed access to the (Wyle), for renewal of its recognition as NRTL on July 22, 1994 (59 FR 37509), TUV facilities and records for purposes a Nationally Recognized Testing for a period of five years ending July 24, of ascertaining continuing compliance Laboratory (NRTL) under 29 CFR 1999. Appendix A to 29 CFR 1910.7 with the terms of its recognition and to 1910.7. stipulates that the period of recognition investigate as OSHA deems necessary; EFFECTIVE DATE: This recognition of an NRTL is five years and that an If TUV has reason to doubt the becomes effective on June 28, 2000 and NRTL may renew its recognition by efficacy of any test standard it is using will be valid until June 28, 2005, unless applying not less than nine months, nor under this program, it must promptly terminated or modified prior to that more than one year, before the inform the organization that developed date, in accordance with 29 CFR 1910.7. expiration date of its current recognition. Wyle applied for a renewal the test standard of this fact and provide FOR FURTHER INFORMATION CONTACT: that organization with appropriate of its recognition on August 19, 1998 Bernard Pasquet, Office of Technical (see Exhibit 15), within the time relevant information upon which its Programs and Coordination Activities, concerns are based; allotted, and retains its recognition NRTL Program, Occupational Safety and pending OSHA’s final decision in this TUV must not engage in or permit Health Administration, U.S. Department renewal process. others to engage in any of Labor, 200 Constitution Avenue, NW, In its letter of August 19, Wyle misrepresentation of the scope or Room N3653, Washington, D.C. 20210, requested renewal for its existing scope conditions of its recognition. As part of or phone (202) 693–2110. of recognition, which includes the this condition, TUV agrees that it will SUPPLEMENTARY INFORMATION: facility listed below, 122 test standards, allow no representation that it is either and 8 supplemental programs. However, Notice of Final Decision a recognized or an accredited Nationally some of the test standards for which Recognized Testing Laboratory (NRTL) The Occupational Safety and Health Wyle is currently recognized have been without clearly indicating the specific Administration (OSHA) hereby gives withdrawn by the standards developing equipment or material to which this notice of the renewal of recognition of organization. These standards are UL recognition is tied, or that its Wyle Laboratories, Inc. (Wyle), as a 465, UL 547, UL 1025, UL 1096, and UL recognition is limited to certain Nationally Recognized Testing 1624. As appropriate, OSHA has products; Laboratory (NRTL). Wyle’s renewal eliminated or replaced these test TUV must inform OSHA as soon as covers its existing scope of recognition. standards in the list included in the possible, in writing, of any change of OSHA recognition of an NRTL preliminary notice and in the list shown ownership, facilities, or key personnel, signifies that the organization has met below. and of any major changes in its the legal requirements in Section 1910.7 OSHA published the required notice operations as an NRTL, including of Title 29, Code of Federal Regulations in the Federal Register (65 FR 11804, details; (29 CFR 1910.7). Recognition is an 03/06/2000) to announce Wyle’s TUV will continue to meet all the acknowledgment that the organization renewal request. The notice included a terms of its recognition and will always can perform independent safety testing preliminary finding that Wyle could comply with all OSHA policies and certification of the specific products meet the requirements for expansion of pertaining to this recognition; covered within its scope of recognition its recognition, subject to the condition and is not a delegation or grant of mentioned above, and OSHA invited TUV will continue to meet the government authority. As a result of public comment on the application by requirements for recognition in all areas recognition, OSHA can accept products May 5, 2000. OSHA received no where it has been recognized; and ‘‘properly certified’’ by the NRTL. comments concerning this application. TUV will always cooperate with OSHA processes applications related to In processing Wyle’s request, OSHA OSHA to assure compliance with the an NRTL’s recognition following performed an on-site assessment spirit as well as the letter of its requirements in Appendix A to 29 CFR (review) of Wyle’s facility in Huntsville, recognition and 29 CFR 1910.7. 1910.7. This appendix requires that the Alabama, on August 3–5, 1999. In the
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UL 916 Energy Management Equipment UL 1486 Quick Opening Devices for Dry notice lists nine (9) programs and UL 917 Clock-Operated Switches Pipe Valves for Fire-Protection procedures (collectively, programs), UL 924 Emergency Lighting and Power Service eight of which (called supplemental Equipment UL 1557 Electrically Isolated programs) an NRTL may use to control UL 943 Ground-Fault Circuit- Semiconductor Devices and audit, but not actually to generate, Interrupters UL 1564 Industrial Battery Chargers the data relied upon for product UL 961 Electric Hobby and Sports UL 1570 Fluorescent Lighting Fixtures certification. An NRTL’s initial Equipment UL 1571 Incandescent Lighting Fixtures recognition will always include the first UL 977 Fused Power-Circuit Devices UL 1577 Optical Isolators or basic program, which requires that all UL 998 Humidifiers UL 1585 Class 2 and Class 3 product testing and evaluation be UL 1004 Electric Motors Transformers performed in-house by the NRTL that UL 1008 Automatic Transfer Switches UL 1604 Electrical Equipment for Use in will certify the product. OSHA UL 1012 Power Supplies Class I and II, Division 2, and Class III previously granted Wyle recognition to UL 1018 Electric Aquarium Equipment Hazardous (Classified) Locations use these programs, which are listed in UL 1022 Line Isolation Monitors UL 1664 Immersion-Detection Circuit- OSHA’s informational web page on the UL 1028 Hair Clipping and Shaving Interrupters Wyle recognition. Appliances UL 1673 Electric Space Heating Cables Program 2: Acceptance of testing data UL 1682 Plugs, Receptacles, and Cable UL 1047 Isolated Power Systems from independent organizations, other Connectors, of the Pin and Sleeve Equipment than NRTLs. UL 1053 Ground-Fault Sensing and Type Program 3: Acceptance of product UL 1778 Uninterruptible Power Supply Relaying Equipment evaluations from independent Equipment UL 1054 Special-Use Switches organizations, other than NRTLs. UL 1058 Halogenated Agent UL 1863 Communication Circuit Program 4: Acceptance of witnessed Extinguishing System Units Accessories testing data. UL 1059 Terminal Blocks UL 1876 Isolating Signal and Feedback Program 5: Acceptance of testing data UL 1066 Low-Voltage AC and DC Power Transformers for Use in Electronic from non-independent organizations. Circuit Breakers Used in Enclosures Equipment Program 6: Acceptance of evaluation UL 1069 Hospital Signaling and Nurse- UL 1950 Information Technology data from non-independent Call Equipment Equipment, Including Electrical organizations (requiring NRTL review UL 1077 Supplementary Protectors for Business Equipment prior to marketing). Use in Electrical Equipment UL 1995 Heating and Cooling Program 7: Acceptance of continued UL 1087 Molded-Case Switches Equipment certification following minor UL 1091 Butterfly Valves for Fire- UL 2006 Halon 1211 Recovery/Recharge modifications by the client. Protection Service Equipment Program 8: Acceptance of product UL 1093 Halogenated Agent Fire UL 2111 Overheating Protection for evaluations from organizations that Extinguishers Motors function as part of the International UL 1097 Double Insulation Systems for For convenience in compiling the list, Electrotechnical Commission Use in Electrical Equipment we generally show the name (i.e., Certification Body (IEC–CB) Scheme. UL 1236 Battery Chargers designation and title) used by the Program 9: Acceptance of services other UL 1244 Electrical and Electronic standards developing organization than testing or evaluation performed Measuring and Testing Equipment (SDO), although many of these by subcontractors or agents. UL 1254 Pre-Engineered Dry Chemical standards have been approved as OSHA developed the program Extinguishing Systems Units American National Standards by the descriptions to limit how an NRTL may UL 1262 Laboratory Equipment American National Standards Institute perform certain aspects of its work and UL 1283 Electromagnetic Interference (ANSI). For example, the ANSI to accept the activities covered under a Filters designation for UL 22 is ANSI/UL 22. program only when the NRTL meets UL 1310 Class 2 Power Units Under our procedures, an NRTL that certain criteria. In this sense, they are UL 1411 Transformers and Motor OSHA has approved for a particular test special conditions that the Agency Transformer for Use in Audio-, Radio-, standard may use either the latest places on an NRTL’s recognition. OSHA and Television-Type Appliances proprietary version of the test standard does not consider these programs in UL 1412 Fusing Resistors and or the latest ANSI version of that determining whether an NRTL meets Temperature-Limited Resistors for standard, regardless of whether it is the requirements for recognition under Radio-and Television-Type currently recognized for the proprietary 29 CFR 1910.7. However, OSHA does Appliances or ANSI version. Contact ANSI or visit treat these programs as one of the three UL 1416 Overcurrent and the ANSI web site to find out whether elements that defines an NRTL’s scope Overtemperature Protectors for Radio- or not a standard is currently ANSI of recognition. and Television-Type Appliances approved. UL 1424 Cables for Power-Limited Fire- None of the above standards had been Conditions Alarm Circuits withdrawn by the standards developing Wyle Laboratories, Inc., must also UL 1429 Pullout Switches organization (SDO) at the time of the abide by the following conditions of the UL 1437 Electrical Analog Instruments- preparation of the notice of preliminary recognition, in addition to those already Panel Board Types finding. required by 29 CFR 1910.7: UL 1449 Transient Voltage Surge OSHA must be allowed access to the Suppressors Programs and Procedures Wyle facilities and records for purposes UL 1459 Telephone Equipment Wyle also requested continued use of of ascertaining continuing compliance UL 1474 Adjustable Drop Nipples for the supplemental programs listed with the terms of its recognition and to Sprinkler Systems below, based upon the criteria detailed investigate as OSHA deems necessary; UL 1481 Power Supplies for Fire- in the March 9, 1995 Federal Register If Wyle has reason to doubt the Protective Signaling Systems notice (60 FR 12980, 3/9/95). This efficacy of any test standard it is using
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Prohibited Transaction Class Exemption NCD’s Youth Advisory Committee. NUCLEAR REGULATORY 91–38 (Bank Collective Investment Notice of this meeting is required under COMMISSION Funds). In accordance with PRA 95, Section 10(a)(1)(2) of the Federal [Docket No. 50±333] OMB has renewed its approval for the Advisory Committee Act (Pub. L. 92– ICR under OMB control number 1210– 463). The Power Authority of the State of 0082. The approval expires 06/30/2003. YOUTH ADVISORY COMMITTEE: The New York, James A. Fitzpatrick In the Federal Register of January 26, purpose of NCD’s Youth Advisory Nuclear Power Plant; Notice of 2000 (65 FR 4264), the Agency Committee is to provide input into NCD Consideration of Approval of Transfer announced its intent to request renewal activities consistent with the values and of Facility Operating License and of its current OMB approval for the goals of the Americans with Disabilities Conforming Amendment, and information collection provisions of Act. Opportunity for a Hearing Prohibited Transaction Class Exemption 76–1 (Transactions Involving DATES: July 25, 2000, 2:45 p.m.–5:00 The U.S. Nuclear Regulatory Multiemployer or Multiple Employer p.m. EDT. Commission (the Commission) is Plans) with a revision to incorporate the Location: 1331 F. Street, NW, 3rd considering the issuance of an order information collection provisions of Floor Conference Room, Washington, under 10 CFR 50.80 approving the Prohibited Transaction Class Exemption DC. transfer of Facility Operating License 77–10 (Transaction Involving Multiple No. DPR–59 for the James A. FitzPatrick For Youth Advisory Committee Nuclear Power Plant (FitzPatrick) Employer Plans) into the same request. Information, Contact: Gerrie Drake In accordance with PRA 95, OMB has currently held by the Power Authority Hawkins, Ph.D., Program Specialist, of the State of New York (PASNY), as renewed its approval for the revised ICR National Council on Disability, 1331 F under OMB control number 1210–0058. owner and operator of FitzPatrick. The Street NW, Suite 1050, Washington, DC transfer would be to Entergy Nuclear The approval expires 06/30/2003. 20004; 202–272–2004 (Voice), 202–272– In the Federal Register of January 26, FitzPatrick, LLC (Entergy Nuclear 2074 (TTY), 202–272–2022 (Fax), FitzPatrick), the proposed owner of 2000 (65 FR 4262), the Agency ghawkins @ncd.gov (e-mail). announced its intent to request renewal FitzPatrick, and to Entergy Nuclear of its current OMB approval for the Agency Mission: The National Council Operations, Inc. (ENO), the proposed information collection provisions of on Disability is an independent federal operator of FitzPatrick. The Commission Prohibited Transaction Class Exemption agency composed of 15 members is also considering amending the license 90–1 (Pooled Separate Accounts). In appointed by the President of the for administrative purposes to reflect accordance with PRA 95, OMB has United States and confirmed by the U.S. the proposed transfer. According to applications for renewed its approval for the ICR under Senate. Its overall purpose is to promote approval filed by PASNY, the current OMB control number 1210–0083. The policies, programs, practices, and license holder, and Entergy Nuclear approval expires 06/30/2003. procedures that guarantee equal FitzPatrick and ENO, Entergy Nuclear In the Federal Register of January 26, opportunity for all people with FitzPatrick would assume title to the 2000 (65 FR 4263), the Agency disabilities, regardless of the nature of facility following approval of the announced its intent to request renewal severity of the disability; and to proposed license transfer, and ENO of its current OMB approval for the empower people with disabilities to achieve economic self-sufficiency, would become responsible for the information collection provisions of operation and maintenance of Prohibited Transaction Class Exemption independent living, and inclusion and integration into all aspects of society. FitzPatrick . The application states that 94–20 (Purchases and Sales of Foreign the regulatory responsibility for This committee is necessary to Currencies). In accordance with PRA 95, decommissioning the plant will transfer provide advice and recommendations to OMB has renewed its approval for the to Entergy Nuclear FitzPatrick upon NCD on disability issues. ICR under OMB control number 1210– transfer of the license and closing of 0085. The approval expires 06/30/2003. We currently have a membership transactions. Pursuant to the Under 5 CFR 1320.5(b), an Agency reflecting our nation’s diversity and Decommissioning Agreements and may not conduct or sponsor, and a representing a variety of disabling subject to the monetary limits of those person is not required to respond to, a conditions from across the United Agreements, PASNY will have a collection of information unless the States. contractual obligation to Entergy collection of information displays a Open Meeting: This advisory Nuclear FitzPatrick to decommission valid control number. committee meeting of the National FitzPatrick. PASNY will have the Dated: June 21, 2000. Council on Disability will be open to the option, upon occurrence of certain Gerald B. Lindrew, public. Those interested in joining the events specified in the Deputy Director, Office of Policy and meeting should contact the appropriate Decommissioning Agreements, to Research, Pension and Welfare Benefits staff member listed above. Space is terminate this contractual obligation. Administration. limited. Upon such termination, PASNY would [FR Doc. 00–16323 Filed 6–27–00; 8:45 am] Records will be kept of all Youth have no further contractual BILLING CODE 4510±29±M Advisory Committee meetings calls and responsibility to Entergy Nuclear will be available after the meeting for FitzPatrick to decommission the plant public inspection at the National and no further involvement with the NATIONAL COUNCIL ON DISABILITY Council on Disability. decommissioning process; also, the Decommissioning Funds must be Advisory Committee Meeting Signed in Washington, DC, on June 23, transferred to Entergy Nuclear 2000. FitzPatrick. If PASNY does not AGENCY: National Council on Disability Ethel D. Briggs, terminate its contractual responsibility (NCD). Executive Director. before the dismantling of FitzPatrick SUMMARY: This notice sets forth the [FR Doc. 00–16348 Filed 6–27–00; 8:45 am] begins, PASNY’s contractual schedule of the forthcoming meeting for BILLING CODE 6820±MA±M responsibility would be carried out
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NW., Washington, DC, and accessible different kind of accident from any Commission’s ‘‘Rules of Practice for electronically through the ADAMS accident previously evaluated; or (3) Domestic Licensing Proceedings’’ in 10 Public Electronic Reading Room link at involve a significant reduction in a CFR part 2. Interested persons should the NRC Web site (http://www.nrc.gov). margin of safety. The basis for this consult a current copy of 10 CFR 2.714 Dated at Rockville, Maryland this 23rd day proposed determination for each which is available at the Commission’s of June 2000. amendment request is shown below. Public Document Room, the Gelman For the Nuclear Regulatory Commission. The Commission is seeking public Building, 2120 L Street, NW., comments on this proposed George F. Wunder, Washington, DC, and electronically determination. Any comments received from the ADAMS Public Library Project Manager, Section 1, Project Directorate 1, Division of Licensing Project within 30 days after the date of component on the NRC Web site, Management, Office of Nuclear Reactor publication of this notice will be http://www.nrc.gov (the Electronic Regulation. considered in making any final Reading Room). If a request for a hearing [FR Doc. 00–16296 Filed 6–27–00; 8:45 am] determination. or petition for leave to intervene is filed Normally, the Commission will not BILLING CODE 7590±01±P by the above date, the Commission or an issue the amendment until the Atomic Safety and Licensing Board, expiration of the 30-day notice period. designated by the Commission or by the NUCLEAR REGULATORY However, should circumstances change Chairman of the Atomic Safety and COMMISSION during the notice period such that Licensing Board Panel, will rule on the failure to act in a timely way would request and/or petition; and the Biweekly Notice; Applications and result, for example, in derating or Secretary or the designated Atomic Amendments to Facility Operating shutdown of the facility, the Safety and Licensing Board will issue a Licenses Involving No Significant Commission may issue the license notice of a hearing or an appropriate Hazards Considerations amendment before the expiration of the order. 30-day notice period, provided that its As required by 10 CFR 2.714, a I. Background final determination is that the petition for leave to intervene shall set Pursuant to Public Law 97–415, the amendment involves no significant forth with particularity the interest of U.S. Nuclear Regulatory Commission hazards consideration. The final the petitioner in the proceeding, and (the Commission or NRC staff) is determination will consider all public how that interest may be affected by the publishing this regular biweekly notice. and State comments received before results of the proceeding. The petition Public Law 97–415 revised section 189 action is taken. Should the Commission should specifically explain the reasons of the Atomic Energy Act of 1954, as take this action, it will publish in the why intervention should be permitted amended (the Act), to require the Federal Register a notice of issuance with particular reference to the Commission to publish notice of any and provide for opportunity for a following factors: (1) The nature of the amendments issued, or proposed to be hearing after issuance. The Commission petitioner’s right under the Act to be issued, under a new provision of section expects that the need to take this action made a party to the proceeding; (2) the 189 of the Act. This provision grants the will occur very infrequently. nature and extent of the petitioner’s Commission the authority to issue and Written comments may be submitted property, financial, or other interest in make immediately effective any by mail to the Chief, Rules Review and the proceeding; and (3) the possible amendment to an operating license Directives Branch, Division of Freedom effect of any order which may be upon a determination by the of Information and Publications entered in the proceeding on the Commission that such amendment Services, Office of Administration, U.S. petitioner’s interest. The petition should involves no significant hazards Nuclear Regulatory Commission, also identify the specific aspect(s) of the consideration, notwithstanding the Washington, DC 20555–0001, and subject matter of the proceeding as to pendency before the Commission of a should cite the publication date and which petitioner wishes to intervene. request for a hearing from any person. page number of this Federal Register Any person who has filed a petition for This biweekly notice includes all notice. Written comments may also be leave to intervene or who has been notices of amendments issued, or delivered to Room 6D22, Two White admitted as a party may amend the proposed to be issued from June 3, 2000, Flint North, 11545 Rockville Pike, petition without requesting leave of the through June 16, 2000. The last Rockville, Maryland from 7:30 a.m. to Board up to 15 days prior to the first biweekly notice was published on June 4:15 p.m. Federal workdays. Copies of prehearing conference scheduled in the 14, 2000 (65 FR 37420). written comments received may be proceeding, but such an amended examined at the NRC Public Document petition must satisfy the specificity Notice of Consideration of Issuance of Room, the Gelman Building, 2120 L requirements described above. Amendments to Facility Operating Street, NW., Washington, DC. The filing Not later than 15 days prior to the first Licenses, Proposed No Significant of requests for a hearing and petitions prehearing conference scheduled in the Hazards Consideration Determination, for leave to intervene is discussed proceeding, a petitioner shall file a and Opportunity for a Hearing below. supplement to the petition to intervene The Commission has made a By July 28, 2000, the licensee may file which must include a list of the proposed determination that the a request for a hearing with respect to contentions which are sought to be following amendment requests involve issuance of the amendment to the litigated in the matter. Each contention no significant hazards consideration. subject facility operating license and must consist of a specific statement of Under the Commission’s regulations in any person whose interest may be the issue of law or fact to be raised or 10 CFR 50.92, this means that operation affected by this proceeding and who controverted. In addition, the petitioner of the facility in accordance with the wishes to participate as a party in the shall provide a brief explanation of the proposed amendment would not (1) proceeding must file a written request bases of the contention and a concise involve a significant increase in the for a hearing and a petition for leave to statement of the alleged facts or expert probability or consequences of an intervene. Requests for a hearing and a opinion which support the contention accident previously evaluated; or (2) petition for leave to intervene shall be and on which the petitioner intends to create the possibility of a new or filed in accordance with the rely in proving the contention at the
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2. The proposed change does not create the 4.1.3.2.2 which is related to shutdown Attorney for licensee: Jeffrie J. Keenan, possibility of a new or different kind of and control rod group demand position Nuclear Business Unit—N21, P.O. Box accident from any accident previously indication in modes 3, 4, and 5. 236, Hancocks Bridge, NJ 08038. evaluated. Basis for proposed no significant NRC Section Chief: James W. Clifford. The proposed amendment eliminates the hazards consideration determination: potential for varying interpretations of the TS Southern Nuclear Operating Company, As required by 10 CFR 50.91(a), the footnote by relocating it to the ACTION Inc., Georgia Power Company, section of the Technical Specifications in licensee has provided its analysis of the Oglethorpe Power Corporation, accordance with the guidance of NUREG issue of no significant hazards Municipal Electric Authority of Georgia, 1431, Rev 1 (April 1995) ‘‘Standard consideration, which is presented City of Dalton, Georgia, Docket Nos. 50– Technical Specifications Westinghouse below: Plants (NUREG–1431).’’ 321 and 50–366, Edwin I. Hatch Nuclear The proposed change does not alter the 1. The proposed changes do not involve a Plant, Units 1 and 2, Appling County, physical configuration of the plant. The significant increase in the probability or Georgia proposed change does not affect any systems, consequences of an accident previously evaluated. Date of amendment request: June 1, structures or components assumed to The proposed TS change does not involve 2000. function in the accident analysis, or creates any physical changes to plant structures, Description of amendment request: a new or different accident scenario. The systems or components (SSC). Shutdown proposed change to the TS does not affect the The proposed amendments would margin will continue to be maintained as ability of the plant systems to meet their revise the vessel pressure and required by plant Technical Specifications to current TS requirements or design basis temperature limit curves that are in the ensure the reactor will be maintained functions. Therefore, the proposed change Technical Specifications. sufficiently subcritical to preclude does not increase the consequences of a Basis for proposed no significant inadvertent criticality in the shutdown malfunction of equipment important to safety condition. Shutdown and control rod group hazards consideration determination: previously evaluated in the SAR or create the demand position indication is not required to As required by 10 CFR 50.91(a), the possibility of a new or different kind of ensure adequate shutdown margin in modes licensee has provided its analysis of the accident from any accident previously 3, 4 and 5 and therefore cannot contribute to issue of no significant hazards evaluated. the initiation of any accident. The proposed 3. The proposed change does not involve consideration, which is presented changes do not change or alter the design below: a significant reduction in a margin of safety. assumptions for the systems or components The proposed amendment eliminates the used to mitigate the consequences of an 1. Does the change involve a significant potential for varying interpretations of the TS accident, and the initial conditions and increase in the probability or consequences footnote by relocating it to the ACTION methodologies used in the accident analyses of an accident previously evaluated? section of the Technical Specifications in remain unchanged. Therefore, accident The changes to the calculational accordance with the guidance of NUREG analyses results are not impacted. Therefore, methodology for the pressure and 1431, Rev 1 (April 1995) ‘‘Standard the proposed change does not involve a temperature (P/T) limits based upon Code Technical Specifications Westinghouse significant increase in the probability or Cases N–640 and N–588 continue to provide Plants.’’ The proposed amendment does not consequences of an accident previously adequate margin in the prevention of a non- change any testing acceptance criteria or evaluated. ductile type fracture of the reactor pressure modify any protective trip setpoint. The 2. The proposed change does not create the vessel (RPV). The code cases were developed proposed change will continue to ensure that possibility of a new or different kind of based upon the knowledge gained through the containment atmosphere will be isolated accident from any accident previously years of industry experience. P/T curves from the outside environment in the event of evaluated. developed using the allowances of Code a release of radioactive material to the The proposed changes do not involve any Cases N–640 and N–588 indeed yield more containment atmosphere or pressurization of physical changes to plant structures, systems operating margin. However, the experience the containment. or components. The safety functions of the gained in the areas of fracture toughness of There is no reduction in the current related structures, systems, or components materials and pre-existing undetected defects surveillance requirements required to are not changed in any manner, nor is the show that some of the existing assumptions demonstrate the operability of plant SSCs. reliability of any structures, systems, or used for the calculation of P/T limits are Therefore, the proposed changes do not components reduced. No new or different unnecessarily conservative and unrealistic. involve a significant reduction in a margin of type of equipment will be installed by this Therefore, providing the allowances of the safety. requested change. Therefore, no new failure subject code cases in developing the P/T limit curves will continue to provide The NRC staff has reviewed the modes or potential accident initiators are introduced. Therefore, the proposed adequate protection against nonductile-type licensee’s analysis and, based on this fractures of the RPV. review, it appears that the three amendments do not create the possibility of a new or different kind of accident from any The evaluation for extending the Unit 1 standards of 10 CFR 50.92(c) are accident previously evaluated. and Unit 2 P/T limit curves to 54 EFPYs was satisfied. Therefore, the NRC staff 3. The proposed change does not involve performed using the approved methodologies proposes to determine that the a significant reduction in a margin of safety. of 10 CFR 50, Appendix G, and with the allowances of code cases N–588 and N–640. amendment request involves no Shutdown margin will continue to be The curves generated from these methods maintained in accordance with the significant hazards consideration. ensure the P/T limits will not be exceeded requirements of TS 3/4.1.1. The reactor will Attorney for licensee: Jeffrie J. Keenan, during any phase of reactor operation. be maintained sufficiently subcritical to Nuclear Business Unit—N21, P.O. Box Therefore, the probability of occurrence and preclude inadvertent criticality in the 236, Hancocks Bridge, NJ 08038. the consequences of a previously analyzed shutdown condition. Therefore, the proposed NRC Section Chief: James W. Clifford. event are not significantly increased. Finally, amendments do not involve a significant the proposed changes will not affect any reduction in the margin of safety. Public Service Electric & Gas Company, other system or piece of equipment designed Docket Nos. 50–272 and 50–311, Salem The NRC staff has reviewed the for the prevention or mitigation of previously Nuclear Generating Station, Units Nos. licensee’s analysis and, based on this analyzed events. 1 and 2, Salem County, New Jersey review, it appears that the three Thus, the probability of occurrence and the standards of 10 CFR 50.92(c) are consequences of any previously analyzed Date of amendment request: April 13, event are not significantly increased as the 2000. satisfied. Therefore, the NRC staff result of the proposed changes. Description of amendment request: proposes to determine that the 2. Do the proposed changes create the The proposed amendments would amendment request involves no possibility of a new or different type of delete Technical Specification (TS) 3/ significant hazards consideration. accident from any previously evaluated.
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The proposed changes provide more Basis for proposed no significant TXU Electric, Docket Nos. 50–445 and operating margin in the P/T limit curves for hazards consideration determination: 50–446, Comanche Peak Steam Electric inservice leakage and hydrostatic pressure As required by 10 CFR 50.91(a), the Station, Units 1 and 2, Somervell testing, non-nuclear heatup and cooldown, licensee has provided its analysis of the County, Texas and criticality, with the benefits being primarily realizable during the pressure tests. issue of no significant hazards Date of amendment request: May 17, The revised curves also extend the P/T limit consideration, which is presented 2000. curves to 54 EFPYs. However, operation in below: Brief description of amendments: The the ‘‘new’’ regions of the curves have been 1. Do the proposed changes involve a proposed amendment would change the analyzed with the new P/T curves providing significant increase in the probability or Allowable Values specified in Technical adequate protection against a nonductile-type consequences of an accident previously Specification Table 3.3.5–1 to ensure fracture of the RPV. Otherwise, the proposed evaluated? that the 6.9 kilovolt (kV) and 480 volt changes do not result in any new or No. The proposed changes will allow the unanalyzed operation of any system or piece (V) undervoltage relays initiate the equipment hatch to be open during core necessary actions when required. In of equipment important to safety, and as a alterations and movement of irradiated fuel result, the possibility of a new type event is assemblies inside containment. The existing addition, some unnecessary limits not created. [Vogtle Electric Generating Plant] VEGP TS would be deleted. 3. Do the proposed changes involve a allow the air lock doors to be open during Basis for proposed no significant significant reduction in the margin of safety? core alterations and movement of irradiated hazards consideration determination: As mentioned previously, the revised P/T fuel assemblies inside containment, and the As required by 10 CFR 50.91(a), the curves provide more operating margin and dose analyses for a fuel handling accident licensee has provided its analysis of the thus, more operational flexibility than the inside containment remain bounding for the current P/T curves. With the increased issue of no significant hazards case of [an open equipment hatch]. The operational margin, a reduction in the safety consideration, which is presented proposed changes will not alter the manner margin results with respect to the existing below: in which fuel is handled or core alterations curves. However, the industry experience are performed. Therefore the proposed 1. Do the proposed changes involve a since the inception of the P/T limits in 1974 changes do not involve a significant increase significant increase in the probability or confirms that some of the existing in the probability or consequences of an consequences of an accident previously methodologies used to develop P/T curves accident previously evaluated. evaluated? are unrealistic and unnecessarily 2. Do the proposed changes create the Response: No. conservative. Accordingly, ASME Code Cases The proposed License Amendment Request N–640 and N–588 take advantage of the possibility of a new or different kind of accident from any previously evaluated? includes more restrictive Allowable Values acquired knowledge by establishing more for the Preferred offsite source bus realistic methodologies for the development No. The proposed changes do not create any new failure modes for any system or undervoltage function, the Alternate offsite of P/T curves. Therefore, operational source bus undervoltage function, the 6.9 kv flexibility is gained and an acceptable margin component, nor do they adversely affect plant operation. No new equipment will be Class 1E bus loss of voltage function, the 6.9 of safety to RPV non-ductile type fracture is kv Class 1E bus degraded voltage function, maintained. added and no new limiting single failures will be created. The plant will continue to be and the 480 V Class 1E bus degraded voltage The extension of the P/T curves to 54 function. These more restrictive values EFPYs was performed per the guidelines of operated within the envelope of the existing safety analyses. Therefore, the proposed assure that all applicable safety analysis 10 CFR 50, and using code cases N–640 and limits are being met. The 480 V low grid N–588 and thus, the margin of safety is not changes do not create the possibility of a new or different kind of accident previously undervoltage relay allowable value is being significantly reduced as the result of the lowered to the same as the 480 V degraded proposed changes. evaluated. 3. Do the proposed changes involve a voltage relays which matches its function. The NRC staff has reviewed the significant reduction in a margin of safety? This is a less restrictive value but the value licensee’s analysis and, based on this No. The previously determined still assures that all applicable safety analysis limits are being met. Lowering of the 480 V review, it appears that the three radiological dose consequences for a fuel handling accident inside containment with low grid undervoltage allowable value will standards of 10 CFR 50.92(c) are minimize unnecessary actuations that could satisfied. Therefore, the NRC staff the air lock doors open remain bounding for the proposed changes. These previously challenge plant systems. Changing the 6.9 kV proposes to determine that the and 480 V degraded voltage, 480 V low grid determined dose consequences were undervoltage, the 6.9 kV loss of voltage, and amendment request involves no determined to be well within the limits of 10 the preferred and alternate bus undervoltage significant hazards consideration. CFR 100 and they meet the acceptance Allowable Values in the Technical Attorney for licensee: Ernest L. Blake, criteria of [Standard Review Plan] SRP Specifications has no impact on the Jr., Shaw, Pittman, Potts and Section 15.7.4 and [General Design Criteria] probability of occurrence of any accident Trowbridge, 2300 N Street, NW., GDC 19. Therefore, the proposed changes do previously evaluated. Because all accident Washington, DC 20037. not involve a significant reduction in a analyses continue to be met, these changes NRC Section Chief: Richard L. Emch, margin of safety. do not impact the consequences of any Jr. The NRC staff has reviewed the accident previously evaluated. Southern Nuclear Operating Company, licensee’s analysis and, based on this Removal of the upper limits for the Inc., et al., Docket Nos. 50–424 and 50– review, it appears that the three preferred and alternate bus undervoltage and 425, Vogtle Electric Generating Plant, standards of 10 CFR 50.92(c) are the lower limit for the 6.9 kV Class 1E bus loss of voltage relays does not impact the Units 1 and 2, Burke County, Georgia satisfied. Therefore, the NRC staff probability of occurrence of any accident Date of amendment request: March 3, proposes to determine that the previously evaluated. None of the accident 2000. amendment request involves no analyses are affected, therefore, the Description of amendment request: significant hazards consideration. consequences of all previously evaluated The proposed amendments would Attorney for licensee: Mr. Arthur H. accidents remain unchanged. revise technical specification (TS) 3.9.4, Domby, Troutman Sanders, 2. Do the proposed changes create the possibility of a new or different kind of ‘‘Containment Penetrations’’, by NationsBank Plaza, Suite 5200, 600 Peachtree Street, NE., Atlanta, Georgia accident from any accident previously allowing the equipment hatch to be evaluated? open during core alterations and/or 30308–2216. Response: No. during movement of irradiated fuel NRC Section Chief: Richard L. Emch, None of the changes affect plant hardware within the containment. Jr. or the operation of plant systems in a way
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All evaluations performed for overpressure associated with this event, and RCS The proposed change to the PSV nominal transients conservatively assume the upper inventory will be directed to the pressurizer setpoint and the allowable setpoint tolerance limit of the PSV tolerance as the pressure to relief tank located inside containment. will not prevent the PSVs from performing which the RCS is subjected. It has been Therefore, there will be no impact on offsite their RCS overpressurization protection determined that the design transients are not radiological consequences. None of the other function. Additionally, the proposed change adversely affected because the limiting non-LOCA transients are adversely affected does not affect the ability of any other safety- transients are not sensitive to the pressure by the proposed change. Since none of the related equipment to perform its safety tolerance change. Although the lower PSV other FSAR Chapter 15 events are adversely function. setpoint would result in a lower PSV relief affected, the radiological consequences of The only hardware changes are associated flow rate, the slightly lower valve flow rate those events are not adversely affected. with making the automatic PORV actuation would be more than compensated for by the In the Westinghouse reanalysis of the circuitry fully Class 1E. The RTS and reduced valve opening pressure. The change Inadvertent ECCS Actuation at Power event, Engineered Safety Feature Actuation System to the PSV setpoint and setpoint tolerance the minimum PSV opening setpoint serves as (ESFAS) protection systems will continue to does not change the conclusions of the a limit to demonstrate the acceptability of the function in a manner consistent with the existing thermal-hydraulic and stress assumed operator action times to assure that plant design basis. The automatic PORV analyses for the pressurizer safety and relief the PSVs will not be required to operate actuation circuitry modification will be system. The design function of the valves is while the pressurizer is water solid. A lower performed in such a manner that all design, not being changed and the conclusions PSV opening setpoint could potentially material, and construction standards that documented in the NRC Safety Evaluation of require earlier operator actions to prevent were applicable to safety-related systems Callaway’s response to NUREG–0737 Item water relief through the PSVs. Simulator prior to the change are maintained. While the II.D.1[‘‘Performance Testing of the exercises for the Inadvertent ECCS Actuation possibility that the PORVs fail to control RCS Pressurizer Power-Operated Relief Valve,’’] at Power event were performed on the pressure, that at least one PORV fails to open, (dated September 10, 1987) are unchanged Callaway training simulator on August 10, and that the operator fails to open the block (see also FSAR Section 18.2.5). The PORVs 1999 to determine the times required for the valve and assure the PORV(s) are available and associated discharge piping can control room operators to stop the NCP for automatic pressure relief within the accommodate water relief. [normal charging pump] and unblock the required time frame are all malfunctions of Overall protection system performance will PORVs and assure their availability for a different type than currently analyzed in remain within the assumptions of the automatic pressure relief. In all cases, the the FSAR, they do not create different previously performed accident analyses since NCP was stopped within four (4) minutes accident types. The Class 1E upgrade and the only hardware changes are associated and the PORVs were unblocked and available changes to Emergency Operating Procedure with making the automatic PORV actuation for automatic pressure relief within seven (7) E–0 will provide assurance that the minutes. The reanalysis in Attachment 5 [to circuitry fully Class 1E. The RTS and reanalysis presented in Attachment 5 [to the the application] conservatively credits Engineered Safety Features Actuation System application] will bound the results of this operator actions from the main control room (ESFAS) protection systems will continue to event which, in turn, is also bounded by the to stop the NCP in six (6) minutes and to function in a manner consistent with the results presented in FSAR Section 15.6.1 for unblock the PORVs and assure their plant design basis. The automatic PORV an inadvertent PSV opening. availability for automatic pressure relief in actuation circuitry modification will be nine (9) minutes. These times include all There are no other changes in the method performed in such a manner that all design, process and instrumentation delays. The by which any safety-related plant system material, and construction standards that revised FSAR Figure 15.5–2 shows that if performs its safety function. The change will were applicable to safety-related systems operator actions are taken within these time not affect the normal method of plant prior to the change are maintained. frames to terminate NCP flow and to assure operation. The proposed change will not affect the at least one PORV is available for automatic Therefore, the proposed change does not probability of any event initiators nor will pressure relief, water relief through the PSVs create the possibility of a new or different the proposed change negatively affect the is precluded. Procedure changes and periodic kind of accident from any previously ability of any safety-related equipment to operator requalification training will provide evaluated. perform its intended function. Changing the assurance that these operator actions can be 3. The proposed change does not involve PSV lift setting does not change the performed within the assumed time a significant reduction in a margin of safety. probability that an event will occur which constraints. The PSVs, in conjunction with the RTS, will result in the PSV opening. There will be Based on the above discussions, the provide overpressure protection for the RCS. no degradation in the performance of safety- proposed change will not involve a The change in the upper limit of the PSV related equipment assumed to function significant increase in the probability of tolerance from +1% to +2%, with a reduction during an accident situation. There will be occurrence or the consequences of an in the nominal setpoint from 2485 psig to no change to normal plant operating accidently previously evaluated. 2460 psig, does not challenge the upper limit parameters. 2. The proposed change does not create the of overpressure protection. The maximum Since the FSAR Chapter 15 LOCA [loss-of- possibility of a new or different kind of opening pressure setpoint is unchanged coolant accident], SGTR [steam generator accident from any accident previously (other than a conservative round-off), and tube rupture] and MSLB [main steam line evaluated. therefore, does not impact analyses break] analyses all result in decreasing RCS The nominal setpoint for the PSVs will be performed for overpressure transients. The pressure and do not challenge the PSV lowered by 1% from 2485 psig to 2460 psig. change to the PSV setpoint and setpoint opening pressure, none of these events are The allowable setpoint tolerance will be tolerance does not change the conclusions of affected by the proposed change to the PSV increased from +1% to +2%. The combined the existing thermal-hydraulic and stress nominal setpoint and the allowable setpoint effect of these changes results in a 2% analyses for the pressurizer safety and relief tolerance. Timely operator actions will be decrease in the minimum acceptable PSV system. For all non-LOCA events, the above taken to preclude water relief through the [lift] setpoint from 2460 psig to 2411 psig. evaluations support the change in the PSV PSVs during an Inadvertent ECCS The change in the PSV setpoint and in the setpoint and setpoint tolerance from 2485 [emergency core cooling system] Actuation at tolerance of the setpoint does not change psig +1% to 2460 psig +2%. The change in Power event. Water relief from the PORVs for their ability to open on demand. The the PSV setpoint and setpoint tolerance also the latter event would result in a larger maximum acceptable PSV setpoint is has no effect on the RTS and ESFAS trip discharge of RCS inventory than currently unaffected by this proposed change, other setpoints. analyzed, wherein operator action is assumed than round-off as discussed previously. Since The Bases for Technical Specification to terminate safety injection within 10 the FSAR accident analyses do not rely on 3.4.10 states the following in the Background minutes prior to the pressurizer filling. the automatic actuation of non-safety related section: However, FSAR Figure 15.5–3 in Attachment control grade systems or components for ‘‘The safety valves are designed to prevent 5 [to the application] demonstrates that DNB accident mitigation, a plant modification will the system pressure from exceeding the [departure from nucleate boiling] is not a make the automatic pressurizer PORV system Safety Limit (SL), 2735 psig, which is concern, there will be no fuel failures pressure relief circuitry fully Class 1E. 110% of the design pressure * * * The relief
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Commonwealth Edison Company, Brief description of amendment: The selected components, provided that the Docket Nos. STN 50–456 and STN 50– amendment revised the Permanently components and the methodology for 457, Braidwood Station, Unit Nos. 1 and Defueled Technical Specifications by verification have been previously 2, Will County, Illinois removing Figure 4.1–1, ‘‘Site and reviewed and approved by the NRC. Date of application for amendments: Exclusion Area Boundaries,’’ and Date of issuance: June 13, 2000. March 15, 2000. incorporating the applicable portions of Effective date: June 13, 2000. Brief description of amendments: The this figure in the Trojan Defueled Safety Amendment No.: 24. amendments revised the Technical Analysis Report. Other associated Facility Operating License No. NPF– Specifications to permit plant operation administrative changes resulting from 90: Amendment revises the Technical with an ultimate heat sink temperature the deletion of Figure 4.1–1, as well as Specifications. of 100 °F. an administrative change to the table of Date of initial notice in Federal Date of issuance: June 13, 2000. contents, were also made. Register: October 20, 1999 (64 FR Effective date: Immediately as of the Date of issuance: May 31, 2000. 56534). The March 17, 2000, submittal Effective date: May 31, 2000. date of issuance and shall be provided clarifying information that did Amendment No.: 204. not change the scope of the original implemented within 30 days. Facility Operating License No. NPF–1: Amendment Nos.: 107 and 107. request or change the initial proposed The amendment changes the no significant hazards consideration Facility Operating License Nos. NPF– Permanently Defueled Technical 72 and NPF–77: The amendments determination. Specifications. The Commission’s related evaluation revised the Technical Specifications. Date of initial notice in Federal Date of initial notice in Federal of the amendment is contained in a Register: January 26, 2000 (65 FR 4289). Safety Evaluation dated June 13, 2000. Register: May 3, 2000 (65 FR 25763). The Commission’s related evaluation The Commission’s related evaluation No significant hazards consideration of the amendment is contained in a comments received: No. of the amendments is contained in a Safety Evaluation dated May 31, 2000. Safety Evaluation dated June 13, 2000. No significant hazards consideration TXU Electric, Docket Nos. 50–445 and No significant hazards consideration comments received: No. 50–446, Comanche Peak Steam Electric comments received: No. Station, Unit Nos. 1 and 2, Somervell Public Service Electric & Gas Company, County, Texas Duke Energy Corporation, Docket Nos. Docket No. 50–354, Hope Creek 50–269, 50–270, and 50–287, Oconee Generating Station, Salem County, New Date of amendment request: Nuclear Station, Units 1, 2, and 3, Jersey November 8, 1999, as supplemented by Oconee County, South Carolina letters dated April 13, and May 30, Date of application for amendment: 2000. Date of application of amendments: February 9, 2000. Brief description of amendments: The July 27, 1999, as supplemented by Brief description of amendment: This amendments change Technical letters dated October 7, 1999, and May amendment revises Technical Specification 5.5.11, ‘‘Ventilation Filter 31, 2000. Specification (TS) Limiting Condition Testing Program (VFTP),’’ to include the Brief description of amendments: The for Operation 3.8.2.1 to add two new requirement for laboratory testing of amendments revised the Technical Action Statements for operating Engineered Safety Feature (ESF) Specifications by adding a surveillance conditions where a Class 1E battery’s Ventilation System charcoal samples requirement to verify the Keowee out-of- electrolyte temperature is below the per American Society for Testing and tolerance logic trips and blocks closure minimum limit specified in TS Materials D3803–1989 and the of the appropriate overhead or Surveillance Requirement 4.8.2.1.b.3. application of a safety factor of 2.0 to underground power path breakers. Date of issuance: June 9, 2000. Date of Issuance: June 6, 2000. Effective date: As of the date of the charcoal filter efficiency assumed in Effective date: As of the date of issuance, and shall be implemented the plant design-basis dose analyses. issuance and shall be implemented by within 60 days. The license amendments also extend the November 30, 2000. Amendment No.: 127. implementation date for License Amendment Nos.: 312, 312 and 312. Facility Operating License No. NPF– Amendment 74, currently June 30, 2000, Facility Operating License Nos. DPR– 57: This amendment revised the TSs. to December 31, 2000. 38, DPR–47, and DPR–55: Amendments Date of initial notice in Federal Date of issuance: June 12, 2000. revised the TS. Register: March 8, 2000 (65 FR 12294). Effective date: As of the date of Date of initial notice in Federal The Commission’s related evaluation issuance and shall be implemented Register: August 25, 1999 (64 FR 46429). of the amendment is contained in a within 30 days from the date of The supplements dated October 7, 1999, Safety Evaluation dated June 9, 2000. issuance. and May 31, 2000, provided clarifying No significant hazards consideration Amendment Nos.: 78 and 78. information that did not change the comments received: No. Facility Operating License Nos. NPF– initial proposed no significant hazards 87 and NPF–89: The amendments consideration determination. Tennessee Valley Authority, Docket No. revised the Technical Specifications. The Commission’s related evaluation 50–390, Watts Bar Nuclear Plant, Unit 1, Date of initial notice in Federal of the amendments is contained in a Rhea County, Tennessee Register: December 29, 1999 (64 FR Safety Evaluation dated June 6, 2000. Date of application for amendment: 73101). The April 13, and May 30, 2000, No significant hazards consideration September 28, 1999, as supplemented letters provided clarifying information comments received: No. March 17, 2000. that did not change the scope of the Brief description of amendment: November 8, 1999, application nor the Portland General Electric Company, et Revised Technical Specifications initial proposed no significant hazards al., Docket No. 50–344, Trojan Nuclear definitions for Engineered Safety consideration determination. Plant, Columbia County, Oregon Feature Response Time and Reactor The Commission’s related evaluation Date of application for amendment: Trip System Response Time, to provide of the amendments is contained in a November 16, 1999. for verification of response time for Safety Evaluation dated June 12, 2000.
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No significant hazards consideration the Commission’s regulatory authority to assure compliance with the comments received: No. over radioactive material covered under provisions of Section 274. Section 274e the Act within the State of Oklahoma. requires that the terms of the proposed Viacom Inc., Docket No. 50–22, Test In accordance with 10 CFR 150.10, Agreement be published in the Federal Reactor, Waltz Mill, Pennsylvania persons, who possess or use certain Register for public comment once each Date of application for amendment: radioactive materials in Oklahoma, week for four consecutive weeks. This February 14, 2000 supplemented on would be released (exempted) from notice is being published in fulfillment March 8 and 25, 2000. portions of the Commission’s regulatory of the requirement. Brief description of amendment: This authority under the proposed I. Background amendment changes the license to Agreement. The Act requires that NRC reflect the transfer of the licensee for the publish those exemptions. Notice is (a) Section 274d of the Act provides Test Reactor at Waltz Mill from the CBS hereby given that the pertinent the mechanism for a State to assume Corporation to Viacom Inc. exemptions have been previously regulatory authority, from the NRC, over Date of issuance: May 31, 2000. published in the Federal Register and certain radioactive materials 1 and Effective Date: May 4, 2000. are codified in the Commission’s activities that involve use of the Amendment No.: 12. regulations as 10 CFR Part 150. NRC is materials. In a letter dated December 28, Facility License No. TR–2: This publishing the proposed Agreement for 1999, Governor Keating certified that amendment changes the license. public comment, as required by the Act. the State of Oklahoma has a program for Date of Initial notice in Federal NRC is also publishing the summary of the control of radiation hazards that is Register: February 29, 2000 (65 FR an assessment conducted by the NRC adequate to protect public health and 10841). staff of the proposed Oklahoma safety within Oklahoma for the The Commission has issued a Safety byproduct material regulatory program. materials and activities specified in the Evaluation for this amendment dated Comments are invited on (a) the proposed Agreement, and that the State April 13, 2000. proposed Agreement, especially its desires to assume regulatory No significant hazards consideration effect on public health and safety, and responsibility for these materials and comments received: No. (b) the NRC staff assessment. activities. Included with the letter was Local Public Document: N/A. DATES: The comment period expires July the text of the proposed Agreement, Dated at Rockville, Maryland, this 21st day 7, 2000. Comments received after this which is included as Appendix A to this of June 2000. date will be considered if it is practical notice. For the Nuclear Regulatory Commission. to do so, but the Commission cannot The radioactive material and activities (which together are usually referred to John A. Zwolinski, assure consideration of comments received after the expiration date. as the ‘‘categories of material’’) which Director, Division of Licensing Project the State of Oklahoma requests Management, Office of Nuclear Reactor ADDRESSES: Written comments may be Regulation. submitted to Mr. David L. Meyer, Chief, authority over are: (1) The possession and use of byproduct materials as [FR Doc. 00–16193 Filed 6–27–00; 8:45 am] Rules and Directives Branch, Division of defined in Section 11e.(1) of the Act; (2) BILLING CODE 7590±01±P Administrative Services, Office of Administration, Washington, DC 20555– the possession and use of special 0001. Copies of comments received by nuclear material in quantities not NUCLEAR REGULATORY NRC may be examined at the NRC sufficient to form a critical mass; (3) the COMMISSION Public Document Room, 2120 L Street, regulation of the land disposal of NW. (Lower Level), Washington, DC. byproduct source or special nuclear State of Oklahoma: NRC Staff Copies of the proposed Agreement, material received from other persons; Assessment of a Proposed Agreement copies of the request for an Agreement and (4) source material used to take Between the Nuclear Regulatory by the Governor of Oklahoma including advantage of its density and high mass Commission and the State of all information and documentation properties where the use of the Oklahoma submitted in support of the request, and specifically licensed source material is copies of the full text of the NRC staff subordinate to the primary specifically AGENCY: Nuclear Regulatory licensed use of either 11e.(1) byproduct Commission. assessment are also available for public inspection in the NRC’s Public material or special nuclear material, as ACTION: Notice of a proposed agreement Document Room. provided for in regulations or orders of with the State of Oklahoma. the Commission. FOR FURTHER INFORMATION CONTACT: (b) The proposed Agreement contains SUMMARY: This notice is announcing Patricia M. Larkins, Office of State and articles that: Tribal Programs, U.S. Nuclear that the Nuclear Regulatory Commission —Specify the materials and activities Regulatory Commission, Washington, (NRC) has received a request from over which authority is transferred; Governor Frank Keating of Oklahoma DC 20555–0001. Telephone (301) 415– —Specify the activities over which the that the NRC consider entering into an 2309 or e-mail [email protected]. Commission will retain regulatory Agreement with the State as authorized SUPPLEMENTARY INFORMATION: Since authority; by Section 274 of the Atomic Energy Act Section 274 of the Act was added in —Continue the authority of the of 1954, as amended (Act). Section 274 1959, the Commission has entered into Commission to safeguard nuclear of the Act contains provisions for the Agreements with 31 States. The materials and restricted data; Commission to enter into agreements Agreement States currently regulate with the Governor of any State approximately 16,000 agreement 1 The radioactive materials, sometimes referred to providing for the discontinuance of the material licenses, while NRC regulates as agreement materials, are: (a) Byproduct materials regulatory authority of the Commission. approximately 5800 licenses. Under the as defined in Section 11e.(1) of the Act; (b) Under the proposed Agreement, proposed Agreement, approximately byproduct materials as defined in Section 11e.(2) of the Act; (c) source materials as defined in Section submitted December 28, 1999, the 220 NRC licenses will transfer to 11z. of the Act; and (d) special nuclear materials as Commission would discontinue and Oklahoma. NRC periodically reviews defined in Section 11a. of the Act, restricted to Oklahoma would take over portions of the performance of the Agreement States quantities not sufficient to form a critical mass.
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—Commit the State of Oklahoma and Thereof by States Through Agreement’’ using radionuclides for labeling and two NRC to exchange information as (referred to herein as the ‘‘NRC criteria’’) years with the DEQ RAM program. necessary to maintain coordinated (46 FR 7540; January 23, 1981, as Three other staff members, currently in and compatible programs; amended). training, have between 3 and 9 years —Provide for the reciprocal recognition (a) Organization and Personnel. The experience, primarily in the of licenses; agreement byproduct material program environmental regulatory area. One has —Provide for the suspension or will be located within the existing completed one year related experience termination of the Agreement; Radiation Management Section (RAM) with DEQ RAM, one has 3.5 years of —Specify the effective date of the of the Waste Management Division, an related nuclear power plant experience proposed Agreement. The organizational unit of the Oklahoma as a health physicist decontamination Commission reserves the option to Department of Environmental Quality technician, and one has six years related modify the terms of the proposed (DEQ). The RAM Section currently has experience as a well logging engineer. Agreement in response to comments, responsibility for directing and Based on information provided in the to correct errors, and to make editorial managing a formal registration program staffing analysis, the manager, three changes. The final text of the begun in 1993, that includes inspections senior technical staff, and one junior Agreement, with the effective date, and fees for radioactive material that staff member will conduct the licensing will be published after the Agreement occur naturally or are produced by and inspection activities. These staff is approved by the Commission, and particle accelerators, and industrial x- members have attended nearly all of the signed by the Chairman of the ray machines. The DEQ also has available relevant NRC training courses, Commission and the Governor of responsibility for regulation of machine including the 5-week Applied Health Oklahoma. produced radiation, and non-ionizing Physics course, inspection and licensing (c) Oklahoma currently regulates the radiation. The regulatory authority over courses, and the majority of use-specific users of naturally-occurring and the use of sources of radiation by courses. In addition, staff members have accelerator-produced radioactive diagnostic medical x-ray remains with accompanied NRC inspectors and materials (NARM). The regulatory the Oklahoma Department of Health. worked with NRC licensing staff to program is authorized by law in the Based on discussions with the RAM obtain additional on-the-job experience. Oklahoma Environmental Quality Act at program manager, the DEQ plans to The DEQ has adopted a written Okla. Stat. tit. 27A section 1–3– implement a licensing program for program for the training and 101(B)(11) and the Oklahoma Radiation radioactive materials that occur qualification of staff members, which Management Act at 27A section 2–9– naturally in the future after the State covers both new staff members and the 103(A). Section 2–9–103(C) of the Act assumes regulatory authority under the continuing qualification of existing staff. provides the authority for the Governor Agreement. The program will be NRC staff notes that the Oklahoma to enter into an Agreement with the responsible for all regulatory activities agreement materials program will be Commission. related to the proposed Agreement. Oklahoma law contains provisions for The educational requirements for the evaluated under the Commission’s the orderly transfer of regulatory DEQ staff members are specified in the Integrated Materials Performance authority over affected licensees from Oklahoma State personnel position Evaluation Program (IMPEP). One NRC to the State. Oklahoma law descriptions, and meet the NRC criteria IMPEP criterion addresses staff training provides that any person who possesses with respect to formal education or and qualifications, and includes a an existing NRC license shall be deemed combined education and experience specific criterion which addresses to possess a like license issued under requirements. Each current staff member training and qualification plans. NRC the Oklahoma Radiation Management has at least a bachelors’ degree or staff reviewed the plan, and concludes Act. After the effective date of the equivalents in physical/life sciences or that it satisfies the IMPEP criterion Agreement, licenses issued by NRC engineering, with one exception. One element. would continue in effect until the staff member trainee has a degree in The DEQ provided copies of license expiration specified in the Education. Several staff members hold memoranda authorizing full existing NRC license. DEQ will notify advanced degrees. Most staff members qualification to three senior staff, and affected licensees of the transfer of were hired from other environmental limited interim qualification to one regulatory authority within fifteen (15) programs in the DEQ with considerable junior staff member, in accordance with days after the effective date of the experience in a variety of environmental Oklahoma’s Formal Qualification Plan. signed agreement. program areas. The program staff has All four staff are designated to provide (d) The NRC staff assessment finds considerable experience in related technical support to the program at the that the Oklahoma program is adequate regulatory program implementation time the Agreement is signed. to protect public health and safety, and including air pollution, hazardous Based upon review of the information is compatible with the NRC program for waste, solid waste, sewage treatment, provided in the staffing analysis, NRC the regulation of agreement materials. and water use issues. The program staff concludes that overall the program manager and two senior technical staff has an adequate number of technically II. Summary of the NRC Staff have 10 years of regulatory experience qualified staff members and that the Assessment of the Oklahoma Program with DEQ and 6, 6, and 3 years technical staff identified by the State to for the Control of Agreement Materials respectively in the RAM program as participate in the Agreement materials NRC staff has examined the Oklahoma well as several years of prior experience program are fully trained, and qualified request for an Agreement with respect to working with radioactive material, in accordance with the DEQ plans, have the ability of the radiation control radiation protection, or hazardous sufficient knowledge and experience in program to regulate agreement waste. radiation protection, the use of materials. The examination was based A third senior staff member has three radioactive materials, the standards for on the Commission’s policy statement years of industry experience and three the evaluation of applications for ‘‘Criteria for Guidance of States and years with the DEQ RAM program. One licensing, and the techniques of NRC in Discontinuance of NRC junior staff member has three years inspecting licensed users of agreement Regulatory Authority and Assumption experience as a laboratory technician materials to satisfy the criterion.
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(b) Legislation and Regulations. The (f) Evaluation of License Applications. Department of Energy contractors or Oklahoma DEQ is designated by law in Oklahoma has adopted, by reference, subcontractors. the Oklahoma Radiation Management the NRC regulations that specify the The proposed Agreement commits Act at Okla. Stat. Tit. 27A § 2–9–103 as requirements which a person must meet Oklahoma to use its best efforts to the radiation control agency. The law in order to get a license to possess or use cooperate with the NRC and the other provides the DEQ the authority to issue radioactive materials. Oklahoma has Agreement States in the formulation of licenses, issue orders, conduct also developed a licensing procedure standards and regulatory programs for inspections, and to enforce compliance manual, along with the accompanying the protection against hazards of with regulations, license conditions, regulatory guides, which are adapted radiation and to assure that Oklahoma’s and orders. Licensees are required to from similar NRC documents and program will continue to be compatible provide access to inspectors. The contain guidance for the program staff with the Commission’s program for the Environmental Quality Board is when evaluating license applications. regulation of Agreement materials. The authorized to promulgate regulations. (g) Inspections and Enforcement. The proposed Agreement stipulates the The law requires the Environmental Oklahoma radiation control program has desirability of reciprocal recognition of Quality Board to adopt rules that are adopted a schedule providing for the licenses, and commits the Commission compatible with the equivalent NRC inspection of licensees as frequently as, and Oklahoma to use their best efforts regulations and that are equally or more frequently than, the inspection to accord such reciprocity. stringent to, or to the extent practicable schedule used by NRC. The program has III. Staff Conclusion more stringent than, the equivalent NRC adopted procedures for conducting regulations. The DEQ has adopted, by inspections, reporting inspection Subsection 274d of the Act provides reference, the NRC regulations in Title findings, and reporting inspection that the Commission will enter into an 10 of the Code of Federal Regulations. results to the licensees from similar Agreement under Subsection 274b with The adoption by reference is contained NRC documents. The program has also any State if: in Title 252 Chapter 410 of the adopted, by rule in the OAC, procedures (a) The Governor of the State certifies Oklahoma Administrative Code (OAC). for the enforcement of regulatory that the State has a program for the Oklahoma rule 252:410–10–2 specifies requirements. control of radiation hazards adequate to that references to the NRC will be (h) Regulatory Administration. The protect public health and safety with construed as references to the Director Oklahoma DEQ is bound by respect to the agreement materials of the DEQ. requirements specified in State law for within the State, and that the State The NRC staff review verified that the rulemaking, issuing licenses, and taking desires to assume regulatory Oklahoma rules contain all of the enforcement actions. The program has responsibility for the agreement provisions that are necessary in order to materials; and be compatible with the regulations of also adopted administrative procedures (b) The Commission finds that the the NRC on the effective date of the to assure fair and impartial treatment of State program is in accordance with the Agreement between the State and the license applicants. Oklahoma law requirements of Subsection 274o, and in Commission. The adoption of the NRC prescribes standards of ethical conduct all other respects compatible with the regulations by reference assures that the for State employees. Commission’s program for the standards will be uniform. (i) Cooperation with Other Agencies. (c) Storage and Disposal. Oklahoma Oklahoma law deems the holder of an regulation of materials, and that the has also adopted, by reference, the NRC NRC license on the effective date of the State program is adequate to protect requirements for the storage of proposed Agreement to possess a like public health and safety with respect to radioactive material, and for the license issued by Oklahoma under the the materials covered by the proposed disposal of radioactive material as Oklahoma Radiation Management Act. Agreement. waste. The waste disposal requirements Such license will expire on the date of On the basis of its assessment, the cover both the disposal of waste expiration specified in the existing NRC NRC staff concludes that the State of generated by the licensee and the license. Oklahoma will retain the NRC Oklahoma meets the requirements of the disposal of waste generated by and license numbers of existing licenses Act. The State’s program, as defined by received from other persons. until they expire under DEQ its statutes, regulations, personnel, (d) Transportation of Radioactive jurisdiction. As of the effective date of licensing, inspection, and Material. Oklahoma has adopted the the Agreement, any pending or new administrative procedures, is NRC regulations in 10 CFR Part 71 by license applications and renewals will compatible with the program of the reference. Part 71 contains the be transferred to DEQ. DEQ will notify Commission and adequate to protect requirements licensees must follow affected licensees of the transfer of public health and safety with respect to when preparing packages containing regulatory authority within fifteen (15) the materials covered by the proposed radioactive material for transport. Part days after the effective date of the Agreement. 71 also contains requirements related to signed agreement. IV. Small Business Regulatory the licensing of packaging for use in Oklahoma’s Administrative Enforcement Fairness Act transporting radioactive materials. Procedures Act also provides for Oklahoma will not attempt to enforce ‘‘timely renewal.’’ This provision In accordance with the Small portions of the regulation related to affords the continuance of licenses for Business Regulatory Enforcement activities, such as approving packaging which an application for renewal has Fairness Act of 1996, the NRC has designs, which are reserved to NRC. been filed more than 30 days prior to determined that this action is not a (e) Record keeping and Incident the date of expiration of the license. major rule and has verified this Reporting. Oklahoma has adopted, by NRC licenses transferred while in timely determination with the Office of reference, the sections of the NRC renewal are included under the Information and Regulatory Affairs of regulations which specify requirements continuation provision. The OAC the Office of Management and Budget for licensees to keep records, and to provides exemptions from the State’s (OMB). report incidents or accidents involving requirements for licensing of sources of Dated at Rockville, Maryland, this 1st day materials. radiation for NRC and the U.S. of June 2000.
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For the Nuclear Regulatory Commission. licensing of those materials subject to in regulations or orders of the Paul H. Lohaus, this Agreement; and, Commission; Director, Office of State and Tribal Programs. Whereas, This Agreement is entered F. Byproduct material as defined in into pursuant to the provisions of the Section 11e.(2) of the Act; An Agreement Between the United Atomic Energy Act of 1954, as amended; States Nuclear Regulatory Commission G. Source material except for source Now Therefore, It is hereby agreed material used to take advantage of the and the State of Oklahoma for the between the Commission and the Discontinuance of Certain Commission density and high-mass property for the Governor of the State of Oklahoma, use of the specifically licensed source Regulatory Authority and acting in behalf of the State, as follows: Responsibility Within the State material is subordinate to the primary Pursuant to Section 274 of the Atomic Article I specifically licensed use of either Energy Act of 1954, as Amended 11e.(1) byproduct material or special Subject to the exceptions provided in nuclear material; Whereas, The United States Nuclear Articles II, IV, and V, the Commission Regulatory Commission (hereinafter shall discontinue, as of the effective Article III referred to as the Commission) is date of this Agreement, the regulatory With the exception of those activities authorized under Section 274 of the authority of the Commission in the State identified in Article II, paragraph A Atomic Energy Act of 1954, as amended under Chapters 6, 7, and 8, and Section through D, this Agreement may be (hereinafter referred to as the Act), to 161 of the Act with respect to the amended, upon application by the State enter into agreements with the Governor following materials: and approval by the Commission, to A. Byproduct material as defined in of any State providing for include one or more of the additional Section 11e.(1) of the Act; discontinuance of the regulatory activities specified in Article II, B. Source material used to take authority of the Commission within the paragraphs E through G, whereby the advantage of the density and high-mass State under Chapters 6, 7, and 8, and State may then exert regulatory property for the use of the specifically Section 161 of the Act with respect to authority and responsibility with licensed source material is subordinate byproduct materials as defined in respect to those activities. Sections 11e.(1) and (2) of the Act, to the primary specifically licensed use source materials, and special nuclear of either 11e.(1) byproduct material or Article IV special nuclear material; materials in quantities not sufficient to Notwithstanding this Agreement, the form a critical mass; and, C. Special nuclear materials in quantities not sufficient to form a Commission may from time to time by Whereas, The Governor of the State of critical mass; rule, regulation, or order, require that Oklahoma is authorized under Section D. The regulation of the land disposal the manufacturer, processor, or 2–9–103(c) of the Radiation of byproduct source or special nuclear producer of any equipment, device, Management Act (27A O.S. Supp. 1998 waste material received from other commodity, or other product containing § 2–9–101 et seq.) to enter into this persons. source, byproduct, or special nuclear Agreement with the Commission; and, material shall not transfer possession or Whereas, The Governor of the State of Article II control of such product except pursuant Oklahoma certified on December 28, This Agreement does not provide for to a license or an exemption from 1999 that the State of Oklahoma discontinuance of any authority and the licensing issued by the Commission. (hereinafter referred to as the State) has Commission shall retain authority and Article V a program for the control of radiation responsibility with respect to: hazards adequate to protect the health A. The regulation of the construction This Agreement shall not affect the and safety with respect to materials and operation of any production or authority of the Commission under within the State covered by this utilization facility or any uranium Subsection 161b or 161i of the Act to Agreement, and that the State desires to enrichment facility; issue rules, regulations, or orders to assume regulatory responsibility for B. The regulation of the export from protect the common defense and such materials; and, or import into the United States of security, to protect restricted data, or to Whereas, The Commission found on byproduct, source, or special nuclear guard against the loss or diversion of (date to be determined) that the program material, or of any production or special nuclear material. of the State for the regulation of the utilization facility; Article VI materials covered by this Agreement is C. The regulation of the disposal into compatible with the Commission’s the ocean or sea of byproduct, source, or The Commission will cooperate with program for the regulation of such special nuclear waste material as the State and other Agreement States in materials and is adequate to protect defined in the regulations or orders of the formulation of standards and public health and safety; and, the Commission; regulatory programs of the State and the Whereas, The State and the D. The regulation of the disposal of Commission for protection against Commission recognize the desirability such other byproduct, source, or special hazards of radiation and to assure that and importance of cooperation between nuclear material as the Commission Commission and State programs for the Commission and the State in the from time to time determines by protection against hazards of radiation formulation of standards for protection regulation or order should, because of will be coordinated and compatible. The against hazards of radiation and in the hazards or potential hazards thereof, State agrees to cooperate with the assuring that State and Commission not be so disposed without a license Commission and other Agreement States programs for protection against hazards from the Commission. in the formulation of standards and of radiation will be coordinated and E. The evaluation of radiation safety regulatory programs of the State and the compatible; and, information on sealed sources or Commission for protection against Whereas, The Commission and the devices containing byproduct, source, or hazards of radiation and to assure that State recognize the desirability of special nuclear materials and the the State’s program will continue to be reciprocal recognition of licenses, and of registration of the sealed sources or compatible with the program of the the granting of limited exemptions from devices for distribution, as provided for Commission for the regulation of
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c. Change-of-address information on SECURITIES AND EXCHANGE addition, although index shares, magnetic tape at the National Customer COMMISSION portfolio depositary receipts, and trust issued receipts such as SPDRS, Support Center (National Change-of- [Release No. 34±42964; File No. SR±Amex± Address File) is retained for 36 months 00±30]. DIAMONDS, NASDAQ 100 shares and from effective date. HOLDRs are equity securities listed and d. Internet change-of-address and Self-Regulatory Organizations; Notice traded under the Exchange’s equity related service records are kept on the of Filing of Proposed Rule Change by rules, they have some of the online disks for 6 months from the the American Stock Exchange LLC characteristics of ‘‘derivative products,’’ Relating to the Allocation of, and execution date of the requests and and thus registered options traders are Participation in, Options and Index archived to offline disks or tapes for an eligible for, and have been assisting Share Trades additional 13 months. At the end of that specialists in, making markets in these period, the records on offline disks or June 20, 2000 products as well. tapes are erased. Pursuant to Section 19(b)(1) of the The Exchange’s rules require that both e. Postal customer service records are Securities Exchange Act of 1934 specialists’ and traders’ transactions 1 2 kept on the online disks for 6 months (‘‘Act’’), and Rule 19b–4 thereunder, should constitute a course of dealings from the closure date of the request and notice is hereby given that on May 30, reasonably calculated to contribute to 2000, the American Stock Exchange LLC archived to offline disks or tapes for an the maintenance of a fair and orderly (‘‘Amex’’ or ‘‘Exchange’’) filed with the market and that specialists and traders additional 7 months. At the end of that Securities and Exchange Commission period, the records on offline disks or should not enter into transactions or (‘‘Commission’’) the proposed rule make bids or offers that are inconsistent tapes are erased. change as described in Items I, II, and with such a course of dealing.3 f. Outside service provider records are III below, which Items have been Specialists and traders shall engage, to kept on the online disks for 3 months prepared by the Exchange. The a reasonable degree under the existing from the date of service termination and Commission is publishing this notice to circumstances, in dealings for their own archived to offline disks or tapes for an solicit comments on the proposed rule accounts when there exists a lack of additional 10 months. At the end of that change from interested persons. price continuity, a temporary disparity period, the records on offline disks or I. Self-Regulatory Organization’s between the supply of and demand for tapes are erased. Statement of the Terms of Substance of options contracts of a particular series, g. Records saved at the customer’s the Proposed Rule Change or a temporary distortion of the price option are maintained until the The Amex proposes to codify in Rule relationships between option contracts customer decides to delete the previous 950(d) Commentary .05 current of the same class.4 The Exchange notes transaction records or the account is practices regarding the allocation of, that the Commission stated in its Order disabled for inactivity. The customer and participation in, option and index announcing the effectiveness of the can choose to modify saved records at share trades executed on the Exchange Exchange’s plan to list and trade options any time, and the choice will be by registered options traders and that registered floor traders on the Amex executed immediately. An erased specialists. ‘‘will be expected to trade in a way customer record shall not be recovered assists the specialist in maintaining a II. Self-Regulatory Organization’s 5 or recalled. Statement of the Purpose of, and fair and orderly market. * * *’’ h. Internet site usage records are kept Statutory Basis for, the Proposed Rule The Amex notes that specialists do, on the online disks for 12 months and Change however, have additional obligations, archived to offline disks or tapes for an In its filing with the Commission, the which include, among other things, the additional 13 months. At the end of the Exchange included statements obligation to (1) Assure that period, the records on offline disks or concerning the purpose of, and basis for, disseminated market quotations are tapes are erased. the proposed rule change and discussed accurate; (2) assure that each any comments it received on the disseminated market quotation in RECORD SOURCE CATEGORIES: proposed rule change. The text of these appointed options classes shall be statements may be examined at the honored up to ten contracts, or such The individual to whom the record places specified in Item IV below. The other minimum number as set from time pertains; service providers; and Exchange has prepared summaries, set to time by the Exchange; (3) determine providers of online identity validation. forth in Sections A, B, and C below, of any formula for generating the Stanley F. Mires, the most significant aspects of such automatically updated market Chief Counsel, Legislative. statements. quotations and disclosing the elements of the formula to the members of the [FR Doc. 00–16253 Filed 6–27–00; 8:45 am] A. Self-Regulatory Organization’s trading crowd; (4) be present at the BILLING CODE 7710±12±P Statement of the Purpose of, and trading post throughout every business Statutory Basis for, the Proposed Rule day; (5) participate at all times in the Change automated execution system for each 1. Purpose assigned option class; and (6) resolve Since the inception of options trading trading disputes, subject to Floor at the Exchange in 1975, both specialists and registered options traders 3 See Amex Rule 170 (concerning specialists)— (‘‘traders’’) have had the responsibility made applicable to options trading by Rule 950(n)— and rule 958 (concerning registered traders). of making markets in options. In 4 Id. 5 See Securities Exchange Act Release No. 11144 1 15 U.S.C. 78s(b)(1). (December 19, 1974), 40 FR 3258 (January 20, 1975) 2 17 CFR 240.19b-4. (emphasis added).
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Official review upon the request of any such bids (offers) shall be divided as with registered options traders. The party to the dispute.6 equally as possible between those Exchange now seeks to codify this The Exchange represents that in the specialists and traders on parity. Over practice. course of making markets, specialists the years, it has been recognized by the The Exchange proposes to adopt are often on parity with registered Exchange as well as by the registered commentary .05 to Rule 950(d), which options traders; that is, bidding and traders and specialists, that, given their would provide for a specialist to receive offering simultaneously to provide role, specialists should be entitled to a liquidity. Amex Rule 126—made greater than equal share when on parity a specified participation in the number applicable to options trading by Amex with registered traders. As a result, a of securities executed, which would Rule 950(d)—provides that when bids practice has developed in the trading vary depending upon the number of (offers) are made simultaneously, all crowds for many option classes and traders on parity. The distribution of such bids (offers) are on parity, and any index shares to give the specialist a securities between the specialist and the securities sold (bought) in execution of greater than equal share when on parity traders on parity would be as follows:
Number of traders Approximate number of securities allocated to the traders on parity Approximate number of securities allocated to the specialist (as a group)
1 ...... 60% ...... 40% 2±4 ...... 40 ...... 60 5±7 ...... 30 ...... 70 8±15 ...... 25 ...... 75 16 or more ...... 20 ...... 80
The Exchange emphasizes that the parity with a customer when either automatically allocated on a rotating above percentages would apply only establishing or increasing their position basis to the specialist and to each trader when the specialist and/or registered in the option.9 that has signed on to Auto-Ex.11 If an traders are on parity. In situations where The proposed rule change would also Auto-Ex trade is greater than ten a customer order is on parity with the codify the distribution of ‘‘Auto-Ex’’ contracts, the Auto-Ex system divides specialist and registered traders, executed options trades among the execution into lots of ten or fewer Exchange rules provide that the specialists and registered traders.10 The and allocates a lot to each Auto-Ex customer will not receive a lesser Exchange’s ‘‘Auto-Ex’’ system participant.12 Each lot is considered a amount than the registered traders or automatically executes public customer separate trade for purposes of allocating specialist.7 The Exchange notes, market and marketable limit orders of a trades within Auto-Ex. Under the however, that a specialist cannot be on minimum of 10 and a maximum of 50 proposed rule change, the rotation parity with an order for which he is option contracts or less. Both specialist would be designed to provide that Auto- acting as agent,8 and registered traders and registered options traders are Ex trades be allocated between the (who never act as agents and trade only contra-parties to the trades executed on specialist and traders signed on to Auto- for their own accounts) cannot be on the Auto-Ex system. Such trades are Ex in a given option class as follows:
Number of traders signed on to Approximate number of trades allocated to the specialist Approximate number of trades allocated to trader(s) signed Auto-Ex throughout the day on to Auto-Ex throughout the day
1 ...... 60% ...... 40% 2±4 ...... 40 ...... 60 5±7 ...... 30 ...... 70 8±15 ...... 25 ...... 75 16 or more ...... 20 ...... 80
The Exchange believes that it is contra-party on Auto-Ex at all times. In In order to attract specialist units to appropriate to provide a greater addition, connected with these the Exchange who are willing to accept participation to specialists because they responsibilities are fixed staffing costs these responsibilities, the Exchange have responsibilities and are subject to committed to market making in a believes it is necessary to provide certain costs that registered traders do particular security whether it is actively specialists with a guaranteed not. For example, specialists have a traded or not and the costs associated participation. The Exchange also continuous obligation to the market, and with participating in educational and believes that it must provide these must update and disseminate quotes in marketing functions to attract order guarantees in order to be competitive all securities, reflect all market interest flow. with other options exchanges that in the displayed quotes, and act as a currently offer enhanced participation to their specialists and select market 6 These obligations are mandated by, or implicit 9 See Amex Rule 111, Commentary .07, made traders signed on to Auto-Ex is randomly in, various Amex trading rules and practices. applicable to options trading by Amex Rule 950(c). determined. Telephone conversation between Claire McGrath, 10 The Exchange notes, however, that index 12 For example, an order for 25 contracts, in an Vice President and Special Counsel, Amex, and Ira shares, portfolio depositary receipts, and trust option class for which orders of up to 50 contracts L. Brandriss, Attorney, Division of Market issued receipts are not executed through the Auto- may be executed through Auto-Ex, would be Regulation, the Commission, on June 16, 2000. Ex system. executed in three trades—two trades of 10 each and 7 See, e.g., Amex Rule 126(e)(2). 11 At the start of each trading day, the order in one trade of five contracts. 8 See Amex Rule 155. which trades are allocated to the specialist and
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In accordance with the National available. Entrance to the Department of prepared to support with technical Environmental Policy Act, 42 U.S.C. State is controlled; people intending to assistance if requested by the Section 4321 et seq., Council on attend ITAC–R meeting and subsequent government of Jordan. Environmental Quality Regulations, 40 preparatory meetings for the CPM DATES: Comments about the scope of the CFR 1501.4 and 1508.13 and should send an e-mail to Cheryl review should be submitted on or before Department of State Regulations, 22 CFR Williams ([email protected]) or fax July 17, 2000 to be assured of timely 161.8 (C), an environmental impact to (202) 647–7407 no later than 48 hours consideration. statement will not be prepared. before the meeting. The fax should FOR FURTHER INFORMATION: For include the name of the meeting (Prep FOR FURTHER INFORMATION ON THE procedural questions concerning public for radiocommunications activities of PIPELINE PERMIT APPLICATION, CONTACT: comments, contact Gloria Blue, ITU and CITEL), date of the meeting, Bill Memler, Office of International Executive Secretary, TPSC, Office of the your name, social security number, date Energy Policy, Room 3535, U.S. USTR, 600 17th Street, NW., of birth, and organization. One of the Department of State, Washington, D.C., Washington, DC 20508 (202) 395–3475. following will be required for 20520, (202) 647–4557. All other questions regarding the review admission. U.S. driver’s license, U.S. SUPPLEMENTARY INFORMATION: The City should be addressed to Mary Latimer, passport, or U.S. Government of Sumas is a municipality organized Deputy Assistant US Trade identification card. Enter from the C and chartered in the State of Representative for Environment and Street Entrance; in view of escorting Washington. On October 14, 1999, the Natural Resources, Office of the USTR requirement, non-government attendees Department of State published a Notice (202) 395–7230 or Adam Shub, Director of Application for a Presidential Permit should plan to arrive not less than 15 minutes before the meeting begins. for Middle Eastern Affairs, Office of the in the Federal Register. No public USTR (202) 395–3320. Dated: June 21, 2000. comments were received and concerned SUPPLEMENTARY INFORMATION: On June 6, agencies expressed no opposition to Brian Ramsay, 2000, President Clinton agreed with issuing the permit. A finding of no ITAC–R National Committee, Department of Jordan’s King Abdullah II to negotiate a significant impact is adopted, and an State. bilateral free trade agreement. In the environmental impact statement will [FR Doc. 00–16344 Filed 6–27–00; 8:45 am] negotiations, the United States and not be prepared. BILLING CODE 4710±45±P Jordan will seek to eliminate duties and Stephen Gallogly, commercial barriers to bilateral trade in Director, Office of International Energy and U.S.- and Jordanian-origin goods and Commodities Policy. OFFICE OF THE UNITED STATES also expect to address trade in services, [FR Doc. 00–16221 Filed 6–27–00; 8:45 am] TRADE REPRESENTATIVE trade-related aspects of intellectual BILLING CODE 4710±07±P property rights, trade-related Trade Policy Staff Committee; Public environmental and labor matters, and Comments on Environmental Review other issues. The TPSC requested of Proposed United States-Jordan Free DEPARTMENT OF STATE written comments from the public to Trade Agreement assist USTR in formulating negotiating [Public Notice No. 3329] ACTION: Notice of initiation of objectives for the agreement in the United States International environmental review and request for Federal Register on June 15, 2000 (65 FR Telecommunication Advisory comments on scope of review. 37594). Committee; Radiocommunication USTR has requested that the U.S. Sector (ITAC±R); Notice of Meeting SUMMARY: This publication gives notice International Trade Commission that pursuant to Executive Order 13141 conduct a detailed study of the potential The Department of State announces a (64 FR 63169) the Office of the U.S. economic impacts of the free trade meeting of the U.S. International Trade Representative (USTR), through agreement on the United States. Two- Telecommunication Advisory the Trade Policy Staff Committee way trade in goods between the United Committee Radiocommunication Sector (TPSC), is initiating an environmental States and Jordan totaled $307 million (ITAC–R). The purpose of the review of the proposed United States- in 1999, consisting of $276 million in Committee is to advise the Department Jordan free trade agreement notified in U.S. exports to Jordan and $31 million on policy and positions with respect to the Federal Register on June 15, 2000 in Jordanian exports to the United the International Telecommunication (65 FR 37594). The TPSC is requesting States. Jordan’s top exports to the Union and international written comments from the public on United States in 1999 were aircraft and radiocommunication matters. what should be included in the scope of aircraft parts sent to the United States The ITAC–R will meet from 1:30 to the review, including the potential for repair, jewelry made of precious 4:30 on July 6, 2000, at the Department environmental effects that might flow metals, apparel including mens and of State in room 1205 to prepare for the from the free trade agreement and the boys suits, capets, and antiques over 100 next cycle of radiocommunication potential implications for out years old. Top U.S. exports to Jordan in activites of the International environmental laws and regulations. 1999 were wheat, aircraft parts, rice, Telecommunication Union (ITU) and Persons submitting written comments and corn. the Inter-American Telecommunication should provide as much detail as Commission (CITEL), taking account of possible on the degree to which the Written Comments the recently concluded subject matter they propose for Persons submitting written comments Radiocommunication Assembly and the inclusion in the review may raise should provide twenty (20) copies no World Radiocommunication Conference significant environmental issues in the later than noon July 17, 2000, to Gloria 2000. Members of the general public context of the negotiation. Jordan has Blue at the address listed above. Written may attend this meeting and join in the indicated that it plans to perform its comments submitted in connection with discussions, subject to the instructions own environmental review of the free this request, except for information of the Chair. Admission of public trade agreement, a process the U.S. granted ‘‘business confidential’’ status members will be limited to seating Agency for International Development is pursuant to 15 CFR 2003.6, will be
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Duluth, Missabe and Iron Range Issued in Washington, DC on June 22, taken. Comments received after that Railway Company (Waiver Petition 2000. date will be considered as far as Docket Number FRA–2000–7297) Grady C. Cothen, Jr., practicable. All written communications Deputy Associate Administrator for Safety concerning these proceedings are The Duluth, Missabe and Iron Range Standards and Program Development. available for examination during regular Railway Company (DMIR) seeks a two- [FR Doc. 00–16354 Filed 6–27–00; 8:45 am] business hours (9:00 a.m.–5:00 p.m.) at year extension of a previously granted BILLING CODE 4910±06±P the above facility. All documents in the waiver of compliance (formerly handled public docket are also available for under Docket Number F–90–3B) from inspection and copying on the Internet the provisions of the Railroad Freight DEPARTMENT OF TRANSPORTATION at the docket facility’s web site at http:/ Car Safety Standards, 49 CFR Section /dms.dot.gov. Federal Railroad Administration 215.115(b)(1)(ii), regarding inspection of Issued in Washington, D.C. on June 22, roller bearings involved in a derailment. Petition for Waiver of Compliance 2000. This waiver applies to DMIR cars which Grady C. Cothen, Jr., may be derailed at taconite pellet load In accordance with Part 211 of Title Deputy Associate Administrator for Safety out pockets at Minntac, Minorca, 49 Code of Federal Regulations (CFR), Standards and Program Development. EVTAC, and Fairlane. These cars have notice is hereby given that the Federal [FR Doc. 00–16353 Filed 6–27–00; 8:45 am] Railroad Administration (FRA) received been prone to derailments during the BILLING CODE 4910±06±P a request for a waiver of compliance unloading process and are directed back with certain requirements of its safety onto the rails by being pulled over standards. The individual petition is DEPARTMENT OF TRANSPORTATION permanently mounted automatic described below, including the party rerailers. seeking relief, the regulatory provisions National Highway Traffic Safety DMIR states that no mainline involved, the nature of the relief being Administration derailments due to bearing related requested, and the petitioner’s failures have occurred during the period arguments in favor of relief. Announcing the Second Quarterly Meeting of the Crash Injury Research of the current waiver. Bearings that have Lake Superior Railroad Museum been involved in derailments have been and Engineering Network [Waiver Petition Docket Number FRA–1999– visually inspected for external damage AGENCY: 6072] National Highway Traffic and allowed to return to unrestricted Safety Administration (NHTSA), DOT. service when none was found. Lake Superior Railroad Museum of Duluth, Minnesota, is requesting a ACTION: Meeting announcement. Interested parties are invited to waiver from the requirements of 49 CFR SUMMARY: This notice announces the participate in these proceedings by Part 223, Safety Glazing Standards, for Second Quarterly Meeting of members submitting written views, data, or Great Northern locomotive #192 which of the Crash Injury Research and comments. FRA does not anticipate was built in 1946. This locomotive has Engineering Network. CIREN is a scheduling a public hearing in FRA Type II glazing in all side facing collaborative effort to conduct research connection with these proceedings since locations and is partially equipped with on crashes and injuries at nine Level 1 the facts do not appear to warrant a FRA Type I glazing in end facing Trauma Centers which are linked by a hearing. If any interested party desires locations. The remainder of the end computer network. Researchers can an opportunity for oral comment, they facing glazing is identified as review data and share expertise, which should notify FRA, in writing, before ‘‘shatterproof.’’ could lead to a better understanding of the end of the comment period and This locomotive is primarily used on crash injury mechanisms and the design specify the basis for their request. 26 miles of the North Shore Scenic of safer vehicles. Railroad between Duluth and Two DATE AND TIME: The meeting is All communications concerning these Harbors, Minnesota. proceedings should identify the Interested parties are invited to scheduled from 8:30 a.m. to 5 p.m. on appropriate docket number (e.g., Waiver participate in these proceedings by July 21, 2000. Petition Docket Number 2000–7297) and submitting written views, data, or ADDRESSES: The meeting will be held in must be submitted to the Docket Clerk, comments. FRA does not anticipate Room 6200–04 of the U.S. Department DOT Docket Management Facility, scheduling a public hearing in of Transportation Building, which is Room PL–401 (Plaza Level), 400 7th connection with these proceedings since located at 400 Seventh Street, S.W., Street, SW., Washington, DC 20590. the facts do not appear to warrant a Washington, DC. Communications received within 45 hearing. If any interested party desires SUPPLEMENTARY INFORMATION: The days of the date of this notice will be an opportunity for oral comment, they CIREN System has been established and considered by FRA before final action is should notify FRA, in writing, before crash cases have been entered into the taken. Comments received after that the end of the comment period and database by each Center. NHTSA has date will be considered as far as specify the basis for their request. held three Annual Conferences (two in All communications concerning these Detroit and one in conjunction with practicable. All written communications proceedings should identify the STAPP in San Diego) where CIREN concerning these proceedings are appropriate docket number (e.g., Waiver research results were presented. Further available for examination during regular Petition Docket Number 1999–6072) and information about the three previous business hours (9:00 a.m.–5:00 p.m.) at must be submitted to the Docket Clerk, CIREN conferences is available through the above facility. All documents in the DOT Docket Management Facility, the NHTSA website at: http://www- public docket are also available for Room PL–401 (Plaza Level), 400 7th nrd.nhtsa.dot.gov/bio_and_trauma/ inspection and copying on the Internet Street, S.W., Washington, D.C. 20590. ciren-final.htm. NHTSA held the first at the docket facility’s web site at http:/ Communications received within 45 quarterly meeting on May 5, 2000, with /dms.dot.gov. days of the date of this notice will be a topic of lower extremity injuries in considered by FRA before final action is motor vehicle crashes. Information from
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(5) days prior to the meeting and should be sent to Ms. Farber-Collins’ attention at the address given above. Those who submit material may be asked to clarify it prior to its consideration by the Committee. Dated: June 20, 2000. By direction of the Secretary. Marvin R. Eason, Committee Management Officer. [FR Doc. 00–16391 Filed 6–27–00; 8:45 am] BILLING CODE 8320±01±M
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Part II
Department of Housing and Urban Development Public Housing Assessment System (PHAS) Information on PHAS Scoring Procedures; Notice
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DEPARTMENT OF HOUSING AND SUPPLEMENTARY INFORMATION: each of the four PHAS Indicators: URBAN DEVELOPMENT I. Background Physical Condition; Financial Condition; Management Operations, and [Docket No. FR±4509±N±11] On January 11, 2000 (65 FR 1712), Resident Service and Satisfaction. For HUD issued a final rule that made Public Housing Assessment System the Management Operations Indicator, certain amendments to the Public (PHAS) Information on PHAS Scoring HUD is publishing two scoring notices. Housing Assessment System (PHAS) Procedures The first Management Operations regulations. The PHAS was scoring notice is applicable to PHAs AGENCY: Office of the Assistant implemented by final regulations with fiscal years ending September 30, Secretary for Public and Indian published on September 1, 1998. The 1999, to December 31, 1999. The second amendments published to the PHAS Housing, and Office of the Director of Management Operations scoring notice regulations on January 11, 2000, the Real Estate Assessment Center, is applicable to PHAs with fiscal years followed a proposed rule published on HUD. ending on or after March 31, 2000. The ACTION: Notice. June 22, 1999, and were prompted by both statutory and administrative reason for the two notices is that the January 11, 2000, final rule made SUMMARY: In this edition of the Federal changes to the PHAS. substantive changes to the Management Register, HUD is publishing additional On June 6, 2000, HUD published a Operations Indicator and those changes information for public housing agencies, technical correction to the January 11, are reflected in the second Management their residents and members of the 2000, final rule, and HUD also Operations Scoring Notice. PHAs with public about HUD’s process for issuing published a notice that provided further scores for each of the four PHAS transition assistance to PHAs with fiscal fiscal years ending before 1999, were Indicators: Physical Condition; years ending March 31, 2000, and June covered by the PHAS regulations before Financial Condition; Management 30, 2000, by allowing these PHAs to amendments made by the January 11, Operations; and Resident Service and inspect occupied units in accordance 2000, final rule. The first Management Satisfaction. with HUD’s Housing Quality Standards Operations Scoring Notice reflects the (HQS). Under sub-indicator #3 of PHAS earlier regulation. FOR FURTHER INFORMATION CONTACT: For Indicator #3, Management Operations, All the PHAS scoring notices further information contact the Real PHAs are assessed on the percentage of Estate Assessment Center (REAC), published in this edition of the Federal units and systems that a PHA inspects Register take into consideration public Attention: Wanda Funk, U.S. on an annual basis in order to determine Department of Housing and Urban comment received on the notices short-term maintenance needs and long- published on May 13, 1999 and again on Development, 1280 Maryland Avenue, term Capital Fund needs. In the June 6, June 13, 1999. SW, Suite 800, Washington, DC 20024; 2000, Transition Notice, HUD also telephone Technical Assistance Center advised that PHAs with fiscal years Dated: June 20, 2000. at (888)–245–4860 (this is a toll free ending March 31, 2000, would receive Harold Lucas, number). Persons with hearing or PHAS advisory scores. PHAS scores will Assistant Secretary for Public and Indian speech impairments may access that be issued to PHAs with fiscal years Housing. number via TTY by calling the Federal ending on or after June 30, 2000. Information Relay Service at (800) 877– Donald J. LaVoy, 8339. Additional information is II. PHAS Scoring Notices Director, Real Estate Assessment Center. available from the REAC Internet Site, In this edition of the Federal Register, [FR Doc. 00–16152 Filed 6–27–00; 8:45 am] http://www.hud.gov/reac. HUD is publishing its scoring notices for BILLING CODE 4210±01±P
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Part III
Department of Housing and Urban Development Public Housing Assessment System Physical Condition Scoring Process; Notice
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DEPARTMENT OF HOUSING AND The information provided in this Score means a number between 0 and URBAN DEVELOPMENT notice was originally published on May 100 that reflects the physical condition 13, 1999 (64 FR 26166) and republished of a property, inspectable area, or sub- [Docket No. FR±4509±N±12] on June 23, 1999 (64 FR 33650). HUD area: • Public Housing Assessment System solicited public comment on both the To record a health or safety Physical Condition Scoring Process May 13, 1999, and June 23, 1999, problem, a letter is added to the notices. This Physical Condition property score (a, b, or c); and AGENCY: Office of the Director of the Scoring Process notice, published in • To note that smoke detectors are Real Estate Assessment Center, HUD. this edition of the Federal Register, has inoperable or missing, an asterisk (*) is ACTION: Notice. been revised from the June 23, 1999, added to the property score. notice, to reflect the public comments Inspectable area means any of the five SUMMARY: This notice provides received on the previous notices and to major components of the property, additional information to public reflect the changes made to the PHAS which are: housing agencies and members of the regulations by final rule published on • Site public about HUD’s process for issuing January 11, 2000 (65 FR 1712). • Building exteriors o Building scores under the Physical Condition This notice is different from the June systems • Indicator of the Public Housing 23, 1999 notice in the following Common areas • Assessment System (PHAS). This notice respects: some items and their Dwelling units is an update of the Physical Condition associated item weights in Appendix 1 Sub-area means an inspectable area Scoring Process notice that was (Item Weights and Criticality levels) for one building. For example, if a published on June 23, 1999. This notice have been modified and terminology property has more than one building, takes into consideration public has been changed for severity levels each inspectable area for each building comment received on June 23, 1999 from ‘‘Minor, Major and Severe’’ to in the property is treated as a sub-area. notice and reflects the changes made to ‘‘Level 1, Level 2 and Level 3’’ Inspectable items refer to walls, the PHAS regulations published on respectively. Additionally, the kitchens, bathrooms, and other things to January 11, 2000, with certain Dictionary of Deficiency Definitions, be inspected in an inspectable area. The corrections published on June 6, 2000. which was published as Appendix 2 to number of inspectable items may vary The changes made to this notice are the previous notices, is undergoing from 8 to 17 items for each area. discussed in the Supplementary further revision and will be published Weights are assigned to each item as Information section of this notice. subsequently in the Federal Register. shown in Appendix 1 (Item Weights and Appendix 3 to the June 23, 1999 notice, Criticality Levels). FOR FURTHER INFORMATION CONTACT: For which provided a sample physical Deficiencies refer to specific further information contact Wanda inspection summary report, is not a part problems, comparable to HQS, that can Funk, Real Estate Assessment Center, of this updated notice, and was not be recorded for the inspectable items, Department of Housing and Urban intended to be permanent part of the such as a hole in a wall or a damaged Development, 1280 Maryland Avenue, Physical Condition Scoring Notice. refrigerator in the kitchen. SW, Suite 800, Washington, DC 20024; Criticality means one of five levels telephone Technical Assistance Center The PHAS/REAC Physical Inspection that reflect the relative importance of at 1–888–245–4860 (this is a toll-free and the HQS Inspection the deficiencies for an inspectable item. number). Persons with hearing or The PHAS physical inspection is Appendix 1 also lists all deficiencies speech impairments may access that performed by HUD’s Real Estate with their designated levels, which vary number via TTY by calling the Federal Assessment Center (REAC), and is also from 1 to 5, with 5 as the most critical. Information Relay Service at (800) 877– referred to as the REAC physical The deficiencies also have assigned 8339. Additional information is inspection. The REAC physical values used in scoring as follows: available from the REAC Internet Site, inspection encompasses virtually http://www.hud.gov/reac. everything covered by the Housing Criticality Level Value SUPPLEMENTARY INFORMATION: Quality Standards (HQS) inspection. The REAC physical inspection, Critical ...... 5 5.00 Purpose of This Notice however, is more objective and more Very important ...... 4 3.00 The purpose of this notice is to defined in identifying and classifying Important ...... 3 2.25 Contributes ...... 2 1.25 provide additional information about deficiencies. While the HQS inspection Slight contribution ...... 1 0.50 the scoring process for PHAS Indicator generates a reasonably subjective ‘‘pass/ #1, Physical Condition. The purpose of fail’’ designation, the REAC inspection Based on the importance of the the Physical Condition assessment is to generates much more comprehensive deficiency, reflected in its criticality ensure that public housing units are results, such as: • value, points are deducted from the decent, safe, sanitary and in good repair, Physical inspection scores reported property score. For example, a clogged using HUD’s uniform physical condition at the property level; drain in the kitchen is more critical than • Area level scores for each of the five standards for the assessment. The a damaged surface on a counter top. physical condition assessment under REAC physical inspection areas; and • Observations of deficiencies Therefore, more points will be deducted the PHAS utilizes uniform physical for a clogged drain than for a damaged inspection procedures to determine recorded by the inspector electronically at the time of the inspection. surface. compliance with the uniform standards Severity means one of three levels that and is an important indicator of a PHA’s The Physical Inspection Scoring reflect the extent of damage associated performance. Process with each deficiency, with values Of the total 100 points available for a assigned as follows: PHAS score, a PHA may receive up to 1. Definitions 30 points under PHAS Indicator #1. The The following are the important Severity level Value physical condition score is included in definitions of terms used in the physical the aggregate PHAS score. condition scoring process: 3 ...... 1.00
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Severity level Value Configuration of property. The scoring deficiency before leaving the site. The methodology takes into account that property representative acknowledges 2 ...... 0.50 properties have different numbers of receipt of the deficiency report by 1 ...... 0.25 units in buildings. To fairly score signature. The inspector also transmits properties with different numbers of the deficiency report to HUD not later Appendix 1 shows the severity levels units in buildings, the area scores are than the morning after completing the that are possible for each deficiency. calculated for building exteriors and inspection. HUD sends to all PHAs an Based on the severity of each deficiency, systems by using weighted averages of inspection report on the H&S the score is reduced. Points deducted the sub-area scores, where the weights deficiencies recorded by the inspector. are calculated as the product of the item are based on the number of units in each These reports clearly show: weight and the values for criticality and building. • The number of H&S deficiencies severity, as described below. For Differences between properties. The (exigent/fire safety and non-life specific definitions of each severity scoring methodology also takes into threatening) that the inspector observed; level, see the REAC’s ‘‘Dictionary of account that properties have different • All observed smoke detector Deficiency Definitions,’’ which is features and amenities. To ensure that deficiencies; and available from REAC’s Internet Site at the overall score reflects only items are • A projection of the total number of http://www.hud.gov/reac. Again, the present to be inspected, weights to H&S problems that the inspector udpated version of the dictionary will calculate area and property scores are potentially would see in an inspection soon be posted on this website and adjusted depending on how many items of all buildings and all units. published subsequently in the Federal are there to be inspected. If there are smoke detector Register as a separate notice. deficiencies, the physical condition Normalized area weights mean 4. Deficiency Definitions score will include an asterisk. However, weights used with area scores to create During a physical inspection of a problems with smoke detectors do not property level scores. The weights are property, the inspector looks for currently affect the overall score. When adjusted to reflect the inspectable items deficiencies for each inspectable item there is an asterisk indicating the that are present. within the inspectable areas, such as the property has at least one smoke detector 2. Scoring Process Input walls (item) of a dwelling unit (area). A deficiency, that part of the score may be specific criticality level is assigned to identified as ‘‘risk.’’ For example, ‘‘93a, To generate accurate scores, it is each deficiency. The criticality level risk’’ for 93a* and ‘‘71c, risk’’ for 71c*. crucial to determine the appropriate reflects the importance of the deficiency There are six distinct letter grade relative weights of the various relative to all deficiencies for the item. combinations: a, a*, b, b*, c and c*. For components of the inspection; that is, One of three severity levels is also example: which components are the most assigned based on the observed • A score of 90c* means that the important, the next most important, and condition. property contains at least one exigent/ so on. To develop the scoring The REAC’s updated version of the fire safety H&S deficiency to be methodology for the PHAS physical ‘‘Dictionary of Deficiency Definitions,’’ corrected, including at least one smoke inspection, HUD utilized information soon to be published, specifically detector deficiency, but is otherwise in provided by several knowledgeable defines the three levels of severity: level excellent condition; parties, including: 1 (minor), level 2 (major) and level 3 • A score of 55a means that the • Professionals experienced in (severe). property is in poor condition, even assessing the physical condition of though there are no H&S deficiencies; 5. Health and Safety Deficiencies properties; and • Representatives from the housing The REAC physical inspection • A property in excellent physical and public housing industries; and emphasizes health and safety (H&S) condition with no H&S deficiencies • HUD professionals. deficiencies because of their crucial would have a score of 90a to 100a. In an extensive series of meetings, importance to the well-being of these parties gave HUD valuable advice residents. H&S deficiencies can 6. Scoring Process Elements and comments on the relative weights substantially reduce the overall property The physical condition scoring and values for inspectable areas, items, score. As noted earlier, the H&S process is based on three elements criticality of deficiencies, and severity deficiencies are highlighted by adding a within a property: levels of deficiencies. letter to the numeric score. Letters to the • Inspectable areas; • 3. Equity Principles numeric score are added as follows: Inspectable items; and • If there are no H&S deficiencies, • Observed deficiencies. In addition to determining the add a; 7. Scoring as Weighted Averages appropriate relative weights, HUD also • If there are H&S deficiencies that took into consideration several issues are not life-threatening (NLT), add b; The score for a property is the concerning equity between properties: and weighted average of area scores, with Proportionality. The scoring • If there are exigent H&S deficiencies the area weights adjusted to take into methodology includes an important that are life threatening (LT), i.e., calling account how many of an area’s control, which does not allow any sub- for immediate attention or remedy—or inspectable items are actually present to area scores to be negative. If a sub-area, fire safety H&S deficiencies, add c. be inspected. such as the building exterior for a given Appendix 1 lists all H&S deficiencies The area scores are calculated by building, has so many deficiencies that with an ‘‘LT’’ designation for exigent/ deriving weighted averages of sub-area the sub-area score is negative, the score fire safety and ‘‘NLT’’ for non-life scores over buildings or dwelling units is set to zero. This control mechanism threatening deficiencies. as appropriate. ensures that no single building or To ensure prompt correction of H&S The sub-area scores are calculated by dwelling unit can affect the overall deficiencies, the inspector gives the deducting points for deficiencies, based score more than its proportionate share property representative the list of every on criticality and severity levels. (Sub- of the whole. observed exigent/fire safety H&S area scores may not be less than zero.)
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Points are also deducted for H&S 10. Site, Unit and Sub-Area Scores divided by the total number of units in deficiencies. These are the steps to arrive at site, the property. 8. Essential Weights and Levels unit and sub-area scores for a site, Building exteriors or building systems: building, or unit: The area scores for building exteriors The process of scoring a property’s Step 1: Calculate an ‘‘initial and building systems are weighted physical condition depends on the proportionate score’’—the difference averages of sub-area scores. The weights weights, levels, and associated values of between the possible points for the site, are the product of the total weights for several quantities: a building sub-area, or a unit and the items, ignoring the H&S item, inspected • Weights for inspectable areas (5 deductions associated with the for each building exterior or systems areas); deficiencies recorded. The number of times the total number of units for each • Weights for inspectable items possible points is the total of the building. (Note: the total number of within areas (8 to 17 per area); inspectable item weights, ignoring the units is all units, not just units H&S item, for the site, or a building sub- • Criticality levels and their inspected.) When computing area scores area, or unit. for building exterior or building associated values for the possible Step 2: Calculate the deduction for an systems, a number of adjustments are deficiencies within items inspected; observed deficiency by multiplying the made for common buildings without • Severity levels and their associated relevant item weight by the criticality values for deficiencies; and value and by the severity value. units. In a manner identical to that for common areas, if buildings with units • Step 3: In a similar manner, reduce Health and safety deductions are sampled, the weights of common (exigent/fire safety and non-life the scores for any health and safety (H&S) deficiencies observed, including building scores are reduced. Also for threatening) for site, buildings, and weighting purposes, a common building dwelling units. those in the H&S item and those in other non-H&S items. (The item weight for is assigned the average number of units 9. Normalized Area Weights deficiencies included in the H&S item is in all buildings, including all common equal to the largest weight among the buildings and all buildings with units, A property’s overall physical items present.) At this point, the control whether inspected or not. Finally, to condition score is a weighted average of to prevent negative scores is applied. adjust for differences in size between area scores. Approximate relative Thus, no one building or unit may affect common buildings, a common weights appeared in the preamble to the an area score more than its building’s weight is multiplied by the PHAS final rule, published on proportionate share would justify. total weight of items present to be September 1, 1998 (see 63 FR 46596, Step 4: Normalize the resulting inspected for the building’s common pages 46598–46599): proportionate scores to scores based on areas. 100 points by dividing by the total of Weight 12. Overall Property Score Area (in per- weights of items present to be inspected, cent) other than the H&S item. To calculate the overall property Site ...... 15 11. Area Scores score, the normalized area weights are applied to the area scores. Building exterior ...... 15 Within each area involving either Building systems ...... 20 multiple buildings or units, the area Common areas ...... 15 13. Possible Points Dwelling units ...... 35 score is a weighted average of the building sub-area scores or unit scores. Normalized area weights reflect both To calculate these weighted averages, the initial weights and the relative These weights are assigned if all follow these guidelines: weights between areas of inspectable inspectable items are present for each Dwelling units: The area score is the items actually present. For reporting area for each building and unit. All of weighted average of sub-area scores for purposes, normalized weights are the inspectable items may not be each unit, weighted by the total of item presented as the maximum point present in every inspectable area. When weights present to be inspected in each contributions for each of the five items are missing in an area, the area unit. inspectable areas. In the Physical weights are modified to reflect the Common areas: Like the dwelling unit Inspection Report, sent to all PHAs, the missing items so they once again add up score, the area score for common areas following items are listed: to 100%. This is illustrated in Example is the weighted average of sub-area • 3 below where some inspectable items Normalized weights as the common area scores weighted by the ‘‘possible points’’ by area; are missing in several inspectable areas. total weights for items inspected in the • Although rare, it is possible that all of common areas for each building. When The area scores, taking into account the inspectable items are missing in one computing area scores for common the points deducted for observed inspectable area—the ‘‘common areas.’’ areas, there may be special deficiencies; In this case, the weight of the ‘‘common considerations when there are common • The deductions for H&S for site, areas’’ would be 0% and its original buildings. (The term common building buildings and units, where H&S 15% weight needs to be redistributed to refers to any inspectable building that deductions for buildings are combined the other inspectable areas. The 15% is contains no dwelling units.) All for exteriors, systems and common redistributed by totaling the weights of common buildings are inspected. In areas; and other inspectable areas (85%) and those cases where a sample is taken of • dividing each weight by that amount buildings with units, the effect of The overall property score. (0.85). The modified weights of 17.6%, common buildings on the common area The Physical Inspection Report allows 17.6%, 23.5%, 0%, and 41.2% for site, score should be reduced. This reduction the PHA to see the magnitude of the building exterior, building systems, is accomplished by multiplying the points lost by inspectable area, and the common areas, and units, respectively weights for common buildings by the impact on the score of the H&S add up to 100%. number of units in inspected buildings, deficiencies.
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14. Examples of Physical Condition —Building exterior score is 69.1 points • Site: (15/77.3)x100=19.4 Score Calculations #2b. The building exterior score for • Building Exteriors: (13.8/ To illustrate how physical condition the building exterior area is the 77.3)x100=17.9 scores are calculated, three examples are weighted average of the individual • Building Systems: (16/77.3)x100=20.7 scores. Each building exterior score is provided below. • Common Areas: (4.5/77.3)x100=5.8 weighted by the number of units and the Example #1: Example #1 illustrates • Dwelling Units: (28/77.3)x100=36.2 how the score for a building exterior percent of the weight for items present sub-area is calculated based on the in the building exterior. #3d. Multiply the new ‘‘normalized’’ following features: #2c. The scores for buildings #1 and weights by the area scores, above, divide #1a. Ignoring the H&S item, the other #2, above, are calculated using the by 100, and add the results: seven items have a total weight of following formula: Building Exterior • Site: 19.4x90/100=17.5 points 100%, as shown in Appendix 1. If the Score=sum of [(Building score) times • Building Exteriors: 17.9x74/100=13.2 building had no fire escapes, an item (Building weight divided by the sum of points with a nominal weight of 16.0%, then Building weights)] • Building Systems: 20.7x70/100=14.5 • the total item weight for the remaining Building #1 weight: [(10 points non-H&S items would be 84%, which is units)x(84.0% weight)]=8.4 • Common Areas: 5.8x60/100=3.5 • Building #2 weight: [(20 units)x(100% then the base (84.0 points) from which points deductions are made to create the weight)]=20 • • Dwelling Units: 36.2x80/100=29.0 ‘‘initial proportionate score’’ as Total weight=8.4 + 20, or 28.4 • Building exterior score= points described, above, under Sub-Area • Scores. (85.7 points)x(8.4/28.4) Total Property Score:=77.6 points #1b. Assume damaged vents were +(69.1 points)x(20/28.4) 15. Computing the PHAS Overall =25.3+48.7 found in the roof. The criticality level Physical Inspection Score for this deficiency is provided in =74.0 Appendix 1 as a 4, which has a value Example #3: Example #3 illustrates The physical inspection score for the of 3.00 as given, above, under how the score for a property is PHAS for a PHA is the weighted average Definitions. If, based on the Dictionary calculated based on the following: of the PHA’s individual project physical of Deficiency Definitions (Appendix 2 to #3a. Consider a property with the inspection scores, where the weights are the previous notice), it is determined following characteristics: the number of units in each project • that the damaged vents seen are level 1 Site: divided by the total number of units in deficiencies, then the amount of points —Score: 90 points all projects for the PHA. deducted is the item weight (16.0) times —100% of weight of items present Example: the criticality value (3.00), times the —Nominal weight: 15% Project 1 has a score of 60 and has 100 severity value (0.25), which equals 12.0 • Building Exteriors (from example units points. #2, above): Project 2 has a score of 80 and has 900 #1c. If this is the only deficiency —Score: 74 points units. observed, then the initial proportionate —92% of weight of items present The overall PHAS score is computed score for this sub-area would be —Nominal weight: 15% ¥ as follows: 84.0 12.0 or 72.0 points. • Building Systems: #1d. Additional deficiencies or H&S Score —Score: 70 points deficiencies (calculated in the same =[60×100/(100+900)] + [80×900/ —80% of weight of items present (100+900)] manner) would further decrease the sub- —Nominal weight: 20% area score and if the score dropped • Common Areas: =6+72 below zero, then it would be changed to —Score: 60 points =78 zero. —30% of weight of items present #1e. The initial proportionate sub-area 16. Accessibility Questions —Nominal weight: 15% score is then normalized to a 100 point • Dwelling Units: For public housing developments for basis by dividing by the total of the non- —Score: 80 points which accessibility requirements are H&S item weights (0.84), which would applicable, the physical inspection will create the final score of (72.0)/ —80% of weight of items present —Nominal weight: 35% include determining if: (1) There is a (0.84)=85.7 wheelchair accessible route to and from #3b. First, adjust the area weights for Example #2: Example #2 illustrates the main ground floor entrance of the each area. Multiply the weight of items how the score for an area is calculated buildings inspected; (2) the main present by the nominal weight for each based on the following features: entrance for every building inspected is #2a. Consider a property with 2 area and add the total: ″ • at least 32 wide, measured between the buildings with the following Site: 15x100%=15 door and the opposite door jamb; (3) characteristics: • Building Exteriors: 15x92%=13.8 • • there is an accessible route to all Building #1 (from Example #1, Building Systems: 20x80%=16.0 exterior common areas; and (4) for • Common Areas: 15x30%=4.5 above): multistory buildings that are inspected, —10 units • Dwelling Units: 35x80%=28.0 • Total:=77.3 the interior hallways to all inspected —84.0% of the weight for the items that units and common areas are at least 36″ were present in building exterior #3c. Adjust the area weights to wide. This item is not scored. —Building exterior score is 85.7 points ‘‘normalize’’ so that they add to 100. • Building #2: Divide each adjusted area weight by the Dated: June 20, 2000. —20 units total and multiply by 100 (this also Donald J. LaVoy, —100% of the weight for the items that results in the maximum possible points Director, Real Estate Assessment Center. were present in building exterior reported for each area): BILLING CODE 4210±01±P
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[FR Doc. 00–16153 Filed 6–27–00; 8:45 am] BILLING CODE 4210±01±C
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Part IV
Department of Housing and Urban Development Public Housing Assessment System Financial Condition Scoring Process; Notice
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DEPARTMENT OF HOUSING AND this Notice updates the June 23, 1999 measures the ability of a PHA to URBAN DEVELOPMENT Notice, and provides detailed maintain its expense ratios at a information on the changes to the reasonable level relative to its peers. [Docket No. FR±4509±N±13] Financial Condition Scoring Process Two changes have been made to this Public Housing Assessment System Notice. By this Notice, HUD is: component. REAC’s statistical analysis Financial Condition Scoring Process • Adding an extra-large size PHA category has shown that certain expenses vary for the entity-wide assessment only substantially depending upon the region AGENCY: Office of the Director of the • Revising the scoring methodology for the of the country in which the PHA Real Estate Assessment Center, HUD. Expense Management component, including resides. Therefore, in order to have a the addition of regional peer groups and a ACTION: Notice. more equitable assessment of a PHA’s weighted average scoring approach. • expenses relative to its peers, REAC has SUMMARY: This Notice provides Changing the calculation of Unit Months Available for the Occupancy Loss component developed new regional peer groupings additional information to public to allow for additional exemptions. for the EM/UC component, to housing agencies and members of the • Modifying the scoring penalty for PHAs supplement the size-based peer groups. public about HUD’s process for issuing with too high reserves and/or liquidity. Thus, a PHA will now be scored on EM/ scores under the Financial Condition • Changing the Net Income component UC against a threshold that is calculated Indicator of the Public Housing threshold level. from all expense data in that PHA’s • Assessment System (PHAS), including Scoring Low Rent-only program for first similar size group and region. The GAAP-based threshold values and year of scoring, with Entity-Wide scoring regions have been based on the first thereafter. associated scores for each Financial • Changing financial submission number of the PHA’s zip code. Condition Indicator component and deadlines. The second change that has been peer group based on the data pool as of • Eliminating the ‘‘marginal’’ PHA made to the EM/UC component is in the June 30, 1999. designation level in order to be consistent scoring approach. Previously, PHAs that This notice is an update of the with the PHAS Rule. were beyond the threshold on any one Financial Condition Scoring Process • Changing the schedule for reevaluation of the expense categories that comprised notice on scoring that was published on of thresholds. the EM/UC component received zero June 23, 1999. This notice takes into These changes have been made based points for EM/UC. The revised scoring consideration public comment received on the industry comments HUD methodology instead uses a weighted on the June 23, 1999 notice and reflects received on the June 22, 1999, Public average of all the expenses that the changes made to the PHAS Housing Assessment System proposed comprise the EM/UC component and regulations published on January 11, rule, and on the input from the industry assigns points based on this summed 2000, with certain corrections published obtained during discussions by and amount. Thus, a PHA may have high on June 6, 2000. The changes made to among representatives from HUD, the expenses in one category, but may still this notice are discussed in the PHAs, and industry groups. receive 1.5 points if its other expenses Supplementary Information section of More specifically, the changes are reasonable relative to its peers. The this notice. identified above are as follows: weighted averages chart shown below is FOR FURTHER INFORMATION CONTACT: For Extra Large Size Category reproduced in Appendix 1. further information contact Wanda Each PHA is awarded points Expense category Weight Funk, the Real Estate Assessment according to its performance relative to Center, Department of Housing and its peers. Peer groupings are established Administrative ...... 34 Urban Development, 1280 Maryland based on the number of units operated General Expenses ...... 33 Avenue, SW, Suite 800, Washington, DC by the PHA. Since the publication of the Ordinary Maintenance ...... 10 20024; telephone Technical Assistance June 23, 1999, Financial Condition Protective Services ...... 10 Center, 1–888–245–4860 (this is a toll Scoring Process Notice, the REAC has Tenant Services ...... 10 Utilities ...... 03 free number). Persons with hearing or determined that there is a statistically speech impairments may access that significant difference between those Total ...... 1.00 number via TTY by calling the Federal PHAs administering between 1,250 and Information Relay Service at (800) 877– 9,999 units and those PHAs Occupancy Loss Component 8339. Additional information is administering 10,000 or more units. available from the REAC Internet Site Based on these statistical analyses, The Occupancy Loss component of http://www.hud.gov/reac. including the running of the Wald- the Financial Condition Indicator SUPPLEMENTAL INFORMATION Wolfowitz and Kolmogorov-Smirnov measures the unit months leased as a percentage of total unit months Background tests, the REAC has concluded that there is sufficient statistical validity to available. In order to obtain a fully HUD published the first Public support adding an extra-large size verifiable measure of this component, Housing Assessment System; Financial category for those PHAs administering REAC originally allowed no exemptions Condition Scoring Process Notice in the more than 10,000 units. The REAC has to be taken for units held off-line by the Federal Register (64 FR 26222) on May left unchanged the other five size peer PHA, as it was difficult to ensure the 13, 1999. On June 23, 1999, HUD groupings. This only applies to the validity of the number of units or their republished the Notice (64 FR 33700) to entity-wide assessment because there intended use. However, following coincide with the June 22, 1999, are not sufficient statistical observations discussions with the industry, it is publication of the Public Housing for low-rent only scoring to differentiate believed that allowing no exemptions Assessment System proposed rule. In an extra-large size category. may discourage PHAs from making the June 23, 1999, Notice, HUD stated decisions that improve their housing that any changes to the scoring process Expense Management/Utility projects, such as modernizing units or and any modifications to the thresholds Consumption Component providing resident services, such as day will be communicated through a The Expense Management/Utility care facilities. Therefore, PHAs, when subsequent Federal Notice. Accordingly, Consumption (EM/UC) component reporting their occupancy information
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FINANCIAL CONDITION INDICATOR
Scoring components Measurement Points
Current Ratio (CR) ...... Liquidity ...... 9.0 Number of Months Expendable Fund Balance (MEFB) ... Adequacy of Reserves ...... 9.0 Tenant Receivables Outstanding (TRO) ...... Ability to collect payments of tenant receivables ...... 4.5 Occupancy Loss (OL) ...... Ability to maximize rental income ...... 4.5 Expense Management (EM)/ Utility Consumption ...... Ability to maintain expense ratios at a reasonable level relative to peers 1.5 (adjusted for size and region). Net Income or Loss as a percentage of Expendable Profitability measured against the current year's operations ...... 1.5 Fund Balance (NI).
The values of the six components of Reporting Method Financial condition the Financial Condition Indicator Quarter calculated from the financial data PHAs with fiscal years ending Low-rent Entity-wide comprise the overall financial September 30, 1999, and later, must 9/30/99 ...... Advisory ...... Advisory. assessment of the PHA. The components submit their unaudited financial data electronically using the Financial Data 12/31/99 ...... Advisory ...... Advisory. and their relative importance to the total 3/31/00 ...... Advisory ...... Advisory. financial score are the result of studies Schedule (FDS), within two months of 6/30/00 ...... Score ...... Advisory. of PHA financial performance and of their fiscal year end. For the first four 9/30/00 and N/A ...... Score. industry portfolio management quarters of reporting (9/30/99, 12/31/99, beyond. techniques to identify the most 3/31/00, and 6/30/00), each PHA has an appropriate financial measures to gauge automatic one month extension to While the two assessments remain a PHA’s financial position. These submit the FDS. Following the first four primarily the same, the assessment of components represent measures that are quarters, PHAs must submit the FDS the low rent program only requires a appropriate benchmarks in any within two months of their fiscal year different treatment of inter-program residential real estate environment. The end, with a 15 day grace period. All transfers of funds. In the entity wide score assigned to each component is submissions will be reviewed by REAC assessment, inter-program transfers are based on the distributions of that for completeness and reasonableness. not a factor because any ‘‘due to’’ component’s values and the relative To the extent that an audit is required amounts are balanced out by equal relationship between the components for a PHA under OMB Circular A–133, amounts ‘‘due from’’ other programs. In and the PHA’s overall financial or the PHA elects to have a financial the assessment of the low rent program performance. statement audit pursuant to 24 CFR part only, though, any funds borrowed from Under the PHAS, the components that 902, a PHA will submit its audited data or lent to other programs must be taken make up the Financial Condition using the FDS within nine months of into account as either a current asset or Indicator are approached in the same the fiscal year end. current liability for the low rent program. These line items are therefore manner for GAAP as they were for non- Program Funds GAAP financial information although included in the calculation of the the thresholds may change as a result of The PHAS financial assessment is Current Ratio, Months Expendable Fund the conversion to GAAP. For example, intended to be based on the entity-wide Balance, and Net Income indicators in a good Current Ratio under the current operations of a PHA, which includes the low rent only scoring. basis of accounting (non-GAAP) for a financial information on Section 8, Scoring Approach small PHA may be 6 to 1 and receive the Community Development Block Grants, Under PHAS, the components of the maximum 9 points. In contrast, under and other HUD funding in its PHAS Financial Indicator were GAAP a good Current Ratio may be 5 to calculations, as well as funds from non- developed to both fairly and accurately 1 and also get the maximum 9 points. HUD sources. However, in order to assess a PHA’s financial performance Thus, to the extent that a PHA’s provide a parallel basis for comparison and financial management. As part of performance relative to its peers does with the non-GAAP advisory scores the development, the components were not change, its score will not be produced during FY 1999, which have tested to establish the correlation significantly affected by the conversion been based on PHAs’ Low Rent program between PHA performance under each to GAAP. The GAAP conversion only, for the first four quarters of scores component and the fiscal health of a schedule by a PHA’s fiscal year end, (9/30/99 fiscal year ends through 6/30/ PHA. PHAs were evaluated and shown below, is reprinted from the 00 fiscal year ends), REAC will produce assigned scores based on a PHA’s PHAS final rule published on scores based on GAAP Low Rent performance relative to its peers. In September 1, 1998. information only. other words, all PHAs as a group For the first three quarters, these determine the mean score and each PHA GAAP CONVERSION SCHEDULE scores will be advisory; for the last is then ranked accordingly. This peer quarter, this score will be enforceable. Unaudited assessment approach, which was Audit re- GAAP-based entity-wide scores will formulated following extensive Fiscal year end GAAP finan- ports due to dates for PHAs cial data to HUD byÐ also be produced over all four quarters, economic and financial analysis, HUD byÐ but used for advisory purposes only examination of well-accepted business during this time. Thereafter, all scores principles, and discussions with PHA 9/30/99 ...... 11/30/99 6/30/00 will be enforceable and will be based on industry representatives and PHA staff, 12/31/99 ...... 2/28/00 9/30/00 an entity-wide assessment only. This provides an equitable means of 3/31/00 ...... 5/31/00 12/31/00 6/30/00 ...... 8/31/00 3/31/01 assessment schedule is summarized measuring the financial performance of below: PHAs.
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Comparable Scoring Systems Large (1,250–9,999 units) component value will receive a different The HUD Peer Assessment system is Extra-Large (10,000+ units) number of points. This system (‘‘continuous scoring’’) not unique to REAC. Companies in the The size group in which a PHA falls ensures that points are awarded mortgage housing and securities may vary between the entity wide and equitably to PHAs along the distribution industry, and federal agencies utilize the low rent scoring approaches. The of component values because, in most similar systems in assessing their entity wide assessment uses all units to cases, small differences in component constituents. In the mortgage housing designate a PHA’s size category, values result in only small differences and securities industries, Fannie Mae, whereas the low rent assessment counts in the scores of the individual the mortgage housing industry leader, only low rent units in the designation of components. Therefore, two PHAs of a developed an assessment system with size category. Thus, depending on each similar size whose values for their financial indicators similar to those PHA’s activity level in programs besides low rent, it may stay in the same size financial condition components are in contained in HUD’s financial close proximity will receive only assessment of PHAs. These indicators group or fall to a smaller size group for the purposes of the low rent assessment. slightly different scores to capture their include vacancy, reserve balances, and performance relative to each other. For net income. Like HUD, Fannie Mae uses In addition, because of this change in size category designation for a number example, a large PHA with a current these indicators to rank properties and of the PHAs, there was no longer a ratio of 1.1 would receive 4.4 points, identify those which require further statistical distinction between the extra while a PHA of the same size with a attention. In the securities area, large and large size groups. Therefore, ratio of 1.2 would receive 4.8 points. Standard & Poor’s conducts peer for the purposes of low rent only The number of points assigned to assessment of a company’s operational scoring, large and extra-large PHAs are each component value or range of capabilities and cash flows relative to scored using the same thresholds. values is based on where the thresholds their peers. Among federal agencies, the In order to have a more equitable for that component are set. The Department of Health and Human assessment of a PHA’s expenses relative thresholds separate distinct ranges of Services (HHS) contracts with state and to its peers, REAC has developed new scores along the distribution of local entities to perform financial audits regional peer groupings for the expense component values. The thresholds and of nursing homes and hospitals management/utility consumption their associated scores are estimated participating in the federal Medicare component, to supplement the size- based on well-accepted business program. based peer groups already in place. principles and statistical distributions of Based on these financial audits, HHS Thus, a PHA will now be scored on EM/ values within the peer groupings of the determines the continued eligibility of UC against a threshold that is calculated PHAs. these health service providers in the from all expense data in that PHA’s Business Principles Medicare program. similar size group and region. GAAP Scoring Processes The regions have been based on the Scoring of certain of the components first number of the PHA’s zip code, and follows generally recognized business GAAP-based scores are produced are divided as follows: principles. These principles indicate using data contained in the Financial that there are certain absolute Data Schedule (FDS). The GAAP-based Re- States thresholds below which component financial data are first used to calculate gion values are clearly financially the six financial components that unacceptable and component values measure various aspects of financial 0 ...... CT, MA, ME, NH, NJ, RI, VT below that point should result in a score health, such as short term liquidity, 1 ...... DE, NY, PA 2 ...... DC, MD, NC, SC, VA, WV of zero. These principles are used in expense management/utility 3 ...... AL, FL, GA, MS, TN, RQ (including scoring the Current Ratio and Number of consumption, and collection of tenant Virgin Islands) Months Expendable Fund Balance receivables. Each PHA is awarded 4 ...... IN, KY, MI, OH components. For both of these points for each component according to 5 ...... IA, MN, MT, ND, SD, WI components, a value of less than one is its performance relative to its peers. 6 ...... IL, KS, MO, NE financially unacceptable, regardless of Peer groupings are established 7 ...... AR, LA, OK, TX PHA size, and therefore merits a score 8 ...... AZ, CO, ID, NM, NV, UT, WY according to the size of the PHA, based of zero. on the total number of units operated by 9 ...... AK, CA, HI, OR, WA, GQ the PHA, and for the expense Statistical Distributions management component, the geographic Thresholds The thresholds are estimated by region in which it falls. A PHA is assigned a score for each of examining the distributions of Since the June 23, 1999 publication of the six components of the Financial component values by peer group. For the Federal Register Notice on the Indicator based on its component value the four most significant components Public Housing Assessment System relative to its peers. The minimum (Current Ratio, Number of Months Financial Condition Scoring Process, number of points (zero) and the Expendable Fund Balance, Days the REAC has determined that there is maximum number of points can each be Receivable Outstanding, and Occupancy a statistically significant difference achieved over a range of values. For Loss), thresholds are set such that between those PHAs administering example, on the current ratio, large approximately 50 percent of the between 1,250 and 9,999 units and PHAs receive zero points for a ratio that distribution receives the maximum those PHAs administering 10,000 or is less than one, while they receive nine number of points, as long as 50 percent more units. Thus, a new PHA size points for a ratio between 2.3 and 3.6. of the distribution have acceptable category has been added. The new size Therefore, PHAs can target one range of values for the component. Thus, the peer groupings are as follows: values that they want to avoid and target highest number of points is awarded to Very Small (0–49 units) one range that they should strive to the PHAs whose financial measures are Small (50–249 units) achieve. Aside from these ranges, points most reasonable both relative to their Low Medium (250–499 units) are assigned to component values along peers and in an absolute business sense. High Medium (500–1,249 units) a continuous line. This means that each The specific percentiles that make up
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AUDIT FLAGS AND TIER CLASSIFICATIONS
Tier Audit flag classification
Unqualified opinion ...... None. No audit opinion ...... Tier 1. Adverse opinion ...... Tier 1. Disclaimer of opinion ...... Tier 1. Qualified opinion: 1. GAAP qualifications:. • Change in accounting principle ...... Tier 3. • Change in accounting estimate ...... Tier 3. • Change in accounting method ...... Tier 3. • Departures from GAAP ...... Tier 2. Financial statements using basis other than GAAP ...... Tier 1. Exclusion of alternate accounting for an account or group of accounts ...... Tier 2. Inconsistently applied GAAP ...... Tier 2. Omissions/Inadequate Disclosure ...... Tier 2. 2. GASSÐScope Limitations ...... Tier 2. • Imposed by management ...... Tier 2. • Imposed by circumstance ...... Tier 3. • Year 2000 (add back) ...... Tier 3. 3. Report on major program compliance ...... Tier 3. 4. Report on internal control ...... Tier 3. Accounting principles used caused the financial statements to be materially misstated ...... Tier 2. Inadequate records ...... Tier 2. Going concern ...... Tier 1. Material noncompliance disclosed ...... Tier 2. • Internal control weakness ...... Tier 3. • Compliance ...... Tier 3. • Opinion on Supplemental schedules ...... Tier 3. Reportable condition: • Internal control ...... Tier 3. • Compliance ...... Tier 3.
Appendices Rent-only scoring. Appendix 3 provides validity. Any revisions will be the GAAP-based thresholds that will be communicated through a Notice. The graphs shown in Appendix 1 used for the entity-wide scoring. Thereafter, REAC plans to keep the depict the approximate GAAP-based These thresholds, which are based on reevaluated thresholds constant for a scoring functions used for each of the a sample of PHAs reporting under three year period, unless it finds a need six components of the Financial GAAP prior to 09/30/99 will remain in for revisions, at which time REAC will Indicator. Appendices 2 and 3 provide effect for all unaudited and audited again make the revisions known by way revised GAAP-based threshold values PHA financial submissions for PHAs of a Notice. and associated scores for each through fiscal years ending June 30, Dated: June 20, 2000. component and peer group, based on 2000. At that time, the thresholds will the GAAP data pool as of June 30, 1999. be reevaluated based on a full year of Donald J. LaVoy, Appendix 2 provides the GAAP-based unaudited GAAP data and available Director, Real Estate Assessment Center. thresholds that will be used for Low audited data to ensure their statistical BILLING CODE 4210±01±P
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[FR Doc. 00–16154 Filed 6–27–00; 8:45 am] BILLING CODE 4210±01±C
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Part V
Department of Housing and Urban Development Public Housing Assessment System Management Operations Scoring Process for Fiscal Years Ending September 30, 1999, and December 31, 1999, PHAs; Notice
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DEPARTMENT OF HOUSING AND purpose of the Management Operations Indicator #4, Resident Service and URBAN DEVELOPMENT assessment is to measure certain key Satisfaction. management operations and There are certain differences between [Docket No. FR±4509±N±14] responsibilities of a PHA for the the PHMAP score and the PHAS score Public Housing Assessment System purpose of assessing the PHA’s calculated for a PHA’s management Management Operations Scoring management operations capabilities. operations. Under the PHAS, PHA The information provided in this Process for Fiscal Years Ending requested modifications and exclusions notice was originally published on May September 30, 1999, and December 31, no longer apply. Under the PHAS, a 13, 1999 (64 FR 26232), and republished 1999, PHAs PHA will not be assessed under a sub- on June 23, 1999 (64 FR 33708). HUD indicator and/or component if the PHA AGENCY: Office of the Director, Real solicited public comment on both the does not receive funding for that Estate Assessment Center, HUD. May 13, 1999, and June 23, 1999, program, i.e., Capital Fund. PHAs will notices. This Management Operations ACTION: Notice. certify to sub-indicator #2, Capital Scoring Process notice, published in Fund, and all PHAs will certify to and SUMMARY: This notice provides this edition of the Federal Register, has be scored on sub-indicator #6, Security/ additional information to public been revised, to reflect the public economic self-sufficiency, under PHAS housing agencies and members of the comments received on the previous Indicator #3. public, regarding HUD’s process for notices and to provide the basis for issuing Management Operations scores scoring PHAs on their management 3. Submission of Management to PHAs under the Public Housing operations as provided in the PHAS Operations Certification Assessment System (PHAS). Transition Notice published on October Under the PHAS, a PHA is required This notice is an update of the 21, 1999 (64 FR 56676). This to electronically submit certification on Management Operations Indicator Management Operations Scoring Notice its performance under each of the scoring notice that was published on is applicable only to PHAs with fiscal management operations sub-indicators. June 23, 1999, and takes into years ending September 30, 1999, or If circumstances preclude a PHA from consideration public comment received December 31, 1999. For PHAs with reporting electronically, HUD will on the June 23, 1999 notice, and fiscal years ending on or after March 31, consider granting short-term approval to provides the basis for scoring public 2000, a separate Management allow a PHA to submit its Management housing agencies on their management Operations Scoring Notice is published Operations certification manually. A operations as provided in the PHAS elsewhere in this Federal Register. PHA that seeks approval to submit its Additionally, this notice differs from Transition Notice published on October certification manually must ensure that the June 23, 1999, notice to reflect the 21, 1999. The Notice also reflects the the REAC receives a request for manual difference in scoring between advisory differences in scoring between advisory submission in writing 60 calendar days scores and actual Management scores and actual Management prior to the submission due date of its Operations scores. Eliminated from the Operations scores. This notice is Management Operations certification. notice published on June 23, 1999, are applicable only to PHAs with fiscal The written request must include the the last row and footnote in Table 2, years ending September 30, 1999, or reasons why the PHA cannot submit its Possible Grades; and the third paragraph December 31, 1999. For PHAs with certification electronically. The REAC under Sub-indicator Score. These two fiscal years ending on or after March 31, will respond to such a request and will items only applied to PHAS advisory 2000, a separate Management Scoring manually forward its determination in scores for fiscal year end September 30, Notice is published elsewhere in this writing to the PHA. Federal Register. The changes made to 1998, December 31, 1998, March 30, this notice are discussed in the 1999, and June 30, 1999, PHAs. 4. Elements of Scoring SUPPLEMENTARY INFORMATION section of 2. Changes From PHMAP To PHAS The Management Operations this notice. The PHAS assessment of a PHA’s Indicator score provides an assessment FOR FURTHER INFORMATION CONTACT: For management operations utilizes six of of each PHA’s management further information contact Wanda the eight PHMAP indicators: effectiveness. The computation of the Funk, Real Estate Assessment Center, • score under this PHAS Indicator utilizes Department of Housing and Urban Vacancy rate and vacant unit turnaround time; data that was submitted for PHMAP and Development, 1280 Maryland Avenue, • Capital Fund; requires three main calculations, which SW, Suite 800, Washington, DC 20024; • Rents uncollected; are: telephone Technical Assistance Center • Work orders; • • Scores are first calculated for all of the at 1–888–245–4860 (this is a toll free PHA annual inspection of units and components that have been submitted by number). Persons with hearing or systems; and • the PHA; speech impairments may access that Security/economic self-sufficiency. • Based upon the component scores, a score number via TTY by calling the Federal The adjustment for physical condition is then calculated for each sub-indicator; Information Relay Service at (800) 877– and/or neighborhood environment will and 8339. Additional information is be made under PHAS Indicator #1, • From the six sub-indicator scores, an available from the REAC Internet Site, Physical Condition. The same indicator score is then calculated. http://www.hud.gov/reac. definitions and exemptions that apply The three calculations are performed SUPPLEMENTARY INFORMATION: to the PHMAP also apply to the PHAS, on the basis of the following: except as noted in 24 CFR 902, subpart 1. Purpose of This Notice • The point value of the six sub-indicators D. The PHMAP indicator for financial and/or components, which are listed in The purpose of this notice is to management is assessed under PHAS Table 1; and provide additional information about Indicator #2, Financial Condition; and • The point equivalent to the grades assigned the scoring process for PHAS Indicator PHMAP indicator #7 for resident under PHMAP for each sub-indicator and/ #3, Management Operations. The services is assessed under PHAS or component.
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TABLE 1.ÐMANAGEMENT OPERATIONS SUB-INDICATOR AND COMPONENT POINTS
Sub-indi- Component Sub-indicator cator points Component points
Vacancy Rate/Unit Turnaround Time (PHMAP Indicator 8.0 Vacancy Rate ...... 4.0 #1). Unit Turnaround Time ...... 4.0 Capital Fund (PHMAP Indicator #2) ...... 6.0 Unexpended Funds ...... 1.0 Timeliness of Fund Obligation ...... 1.5 Contract Administration ...... 1.0 Quality of Physical Work ...... 2.0 Budget Controls ...... 0.5 Rents Uncollected (PHMAP Indicator #3) ...... 4.0 Work Orders (PHMAP Indicator #4) ...... 4.0 Emergency Work Orders ...... 2.0 Non-Emergency Work Orders ...... 2.0 Inspections of Units and Systems (PHMAP Indicator #5) 4.0 Inspection of Units ...... 2.0 Inspections of Systems ...... 2.0 Security/Economic Self-Sufficiency (PHMAP Indicator 4.0 Tracking/Reporting Crime-Related Problems ...... 1.0 #8). Screening of Applicants ...... 1.0 Lease Enforcement ...... 1.0 Grant Program Goals ...... 1.0
If the PHAS Capital Fund sub- TABLE 2.ÐPOSSIBLE GRADESÐ If the Capital Fund sub-indicator indicator (PHMAP Indicator #2) is not Continued (PHMAP indicator #2) is not applicable applicable, then the 6 points for that (the PHA does not have a Capital Fund sub-indicator are redistributed among Grades Value Program), then the 6 points for that sub- the other five sub-indicators so that the indicator are redistributed among the total points add up to the 30 points for C ...... 0.70 other five sub-indicators in the Management Operations under the D ...... 0.50 calculation of the Management E ...... 0.30 PHAS. This is accomplished by F ...... 0.00 Operations Indicator score so that the multiplying 30/24 or 1.25 by each of the total points add up to the 30 points for remaining sub-indicator scores, which is Calculations under the PHAS Management Operations under the 125 percent of the original points. The Management Operations Indicator are PHAS. new points for the sub-indicator performed as follows: 5. Examples of Score Computations ‘‘Vacancy Rate and Unit Turnaround Component Score. The component Time’’ would be 10.0, and the new score equals its points multiplied by the An Example of Computing a Sub- points for the other four sub-indicators value of the grade for the PHA. For Indicator Score With a Non-Assessed would be 5.0. example, a PHA with an E for the Component. The following provides an The PHMAP grades for each sub- component ‘‘Inspection of Units and example for the calculation of a Capital indicator/component are assigned Systems’’ would receive 30% of the Fund sub-indicator score and its values to indicate the percentage of the component points of 2, for a score of 0.6 component scores, when the Quality of sub-indicator/component points that for the component. Physical Work component has not been will be awarded in the calculations. The Sub-indicator Score. The sub- assessed. For this example, Table 3 assigned values for the PHMAP grades, indicator score is the sum of the provides the necessary information, which are listed in Table 2, are the same component scores with the points of which is: for each sub-indicator/component that non-assessed components being • proportionately redistributed across The weight of the Capital Fund sub- is being assessed. For example, a PHA indicator components from Table 1; with an E for the component components that have been assessed. • Indicator Score. The Indicator score The sample grade for each component; ‘‘Inspection of Units and Systems’’ • The value of each grade from Table 2; equals the sum of the sub-indicator would receive 30% of the component • The calculations for the component score; points of 2, for a score of 0.6 for the scores with the points of non-assessed and component. sub-indicators being proportionately • The component scores. redistributed across sub-indicators that TABLE 2.ÐPOSSIBLE GRADES have been assessed. The Management The component score is calculated in Operations Indicator score equals the this table by multiplying the points by Grades Value sum of the five other redistributed sub- the values in Table 3. These scores are indicator scores multiplied by 30/24 or included in the PHAS Report. Note that A ...... 1.00 1.25, which is 125 percent of the for reporting purposes, all scores are B ...... 0.85 original score. rounded to one decimal place.
TABLE 3.ÐEXAMPLE ASSESSMENT OF THE CAPITAL FUND SUB-INDICATOR
Component Points Grade Value Calculations Score
#1 Unexpended Funds ...... 1.0 A 1.0 (1.0) × (1.0) = 1.0 1.0 #2 Timeliness of Fund Obligation ...... 1.5 A 1.0 (1.5) × (1.0) = 1.5 1.5 #3 Contract Administration ...... 1.0 C 0.7 (1.0) × (0.7) = 0.7 0.7 #4 Quality of Physical Work ...... 2.0 NA NA NA NA #5 Budget Controls ...... 0.5 F 0.0 (0.5) × (0.0) = 0.0 0.0
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In this example, the 4th component across assessed components in order to for the sub-indicator) and dividing this has not been assessed for sub-indicator calculate the Capital Fund sub-indicator result by the sum of the points of the #2, Capital Fund. Consequently, the score. This redistribution is components that have been assessed (4). points of the non-assessed component accomplished by multiplying the sum of This calculation for the Capital Fund need to be redistributed proportionately the component scores by 6 (the points sub-indicator score is provided below:
(1.0 +1.5 + 0.7 + 0.0)× (6.0) Capital Fund Score = 10...+++ 15 10 05 .
An Example of Computing the • The Inspection of Units/Systems score Management Operations Indicator score. Indicator Score for a PHA Without a equals 3.7; and This redistribution is accomplished by Capital Fund Program and That Has • The Security/Economic Self-Sufficiency multiplying the sum of the sub-indicator Less Than 250 Units. For this example, score equals 4.0. scores by 30 (the points for the the PHA’s sub-indicator scores are: The Capital Fund sub-indicator has Management Operations Indicator) and • The Vacancy Rate/Unit Turnaround not been assessed. Consequently, the dividing this result by the sum of the Time score equals 6.8; points of the sub-indicators that have • The Capital Fund sub-indicator was not points for the non-assessed sub- indicator need to be redistributed been assessed (24). The calculation for assessed; the Management Operations Indicator is • The Rents Uncollected score equals 4.0; proportionately across assessed sub- • The Work Orders score equals 2.8; indicators in order to calculate the provided below:
(6.8 + 4.0 + 2.8 + 3.7 + 4.0)× (30.0) Management Operations Indicator Score = = 26. 6 80.....++++ 40 40 40 40
Dated: June 20, 2000. Donald J. LaVoy, Director Real Estate Assessment Center. [FR Doc. 00–16155 Filed 6–27–00; 8:45 am] BILLING CODE 4210±01±P
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Part VI
Department of Housing and Urban Development Public Housing Assessment System Management Operations Scoring Process for PHAs With Fiscal Years Ending On or After March 31, 2000; Notice
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DEPARTMENT OF HOUSING AND assessment is to measure certain key except as noted in 24 CFR 902, subpart URBAN DEVELOPMENT management operations and D. The PHMAP indicator for financial responsibilities of a PHA for the management is assessed under PHAS [Docket No. FR±4509±N±15] purpose of assessing the PHA’s Indicator #2, Financial Condition; and Public Housing Assessment System management operations capabilities. PHMAP indicator #7 for resident Management Operations Scoring The majority of the information services is assessed under PHAS provided in this notice was originally Process for PHAs With Fiscal Years Indicator #4, Resident Service and published on May 13, 1999 (64 FR Ending On or After March 31, 2000 Satisfaction. 26232), and republished on June 23, The vacancy rate component and the AGENCY: Office of the Director, Real 1999 (64 FR 33708). HUD solicited rents uncollected sub-indicator are Estate Assessment Center, HUD. public comment on both the May 13, removed from the Management ACTION: Notice. 1999, and June 23, 1999, notices. This Operations Indicator as a result of the Management Operations Scoring Department’s consideration of public SUMMARY: This notice provides Process notice, published in this edition comments from the June 22, 1999, additional information to public of the Federal Register, has been revised PHAS Amendments Proposed Rule (54 housing agencies (PHAs) and members to reflect the public comments received FR 33348). These factors are assessed of the public, regarding HUD’s process on the previous notices and to provide under the Financial Condition Indicator for issuing Management Operations the basis for scoring PHAs on their through the ‘‘occupancy loss’’ and scores to PHAs with fiscal years ending management operations as provided in ‘‘tenant receivable outstanding’’ on or after March 31, 2000, under the the PHAS Amendments Final Rule components, and the inclusion of these Public Housing Assessment System published on January 11, 2000 (65 FR factors under both the Financial (PHAS). This notice is an update of the 1712). This Management Operations Condition Indicator and Management Management Operations Indicator Scoring notice is applicable only to Operations Indicator was duplicative. scoring notice that was published on PHAs with fiscal years ending on or These changes ensure that the PHAS is June 23, 1999, and takes into after March 31, 2000. (The Management an effective and efficient assessment consideration public comment received Operations Scoring notice applicable to system by eliminating any duplicative on the June 23, 1999, notice. This notice PHAs with fiscal years ending efforts of information collection under provides the basis for scoring PHAs on September 30, 1999, or December 31, the PHAS. their management operations as 1999, is published elsewhere in this edition of the Federal Register.) There are certain differences between provided in the PHAS Amendments the PHMAP score and the PHAS score final rule published on January 11, 2. Changes From the Public Housing calculated for a PHA’s management 2000, with certain corrections published Management Assessment Program operations. Under the PHAS, PHA on June 6, 2000. This notice is (PHMAP) to PHAS requested modifications and exclusions applicable to PHAs with fiscal years The PHAS assessment of a PHA’s no longer apply. Under the PHAS, a ending on or after March 31, 2000. (The management operations utilizes five of PHA will not be assessed under a sub- Management Operations Scoring notice the eight PHMAP indicators: indicator and/or component if the PHA applicable to PHAs with fiscal years does not receive funding for that ending before March 31, 2000, is • Vacant unit turnaround time; • program, i.e., Capital Fund. PHAs will published elsewhere in this Federal Capital Fund; • Work orders; certify to sub-indicator #2, Capital Register.) The changes made to the • Annual inspection of units and systems; Fund, and all PHAs will certify to and Management Operations Scoring and be scored on sub-indicator #5, security, process for PHAs ending on or after • Security. and sub-indicator #6, economic self- March 31, 2000, are discussed in the Former sub-indicator #6, security and sufficiency, under PHAS Management SUPPLEMENTARY INFORMATION section of economic self-sufficiency, are now two Operations Indicator #3. this notice. separate sub-indicators: Sub-indicator FOR FURTHER INFORMATION CONTACT: For 3. Submission of Management #5 is security; and sub-indicator #6 is Operations Certification further information contact Wanda economic self-sufficiency. This change Funk, Real Estate Assessment Center, reflects compliance with and the intent Under the PHAS, a PHA is required Department of Housing and Urban of the Quality Housing and Work to electronically submit certification on Development, 1280 Maryland Avenue, Responsibility Act of 1998 (Pub.L. 105– its performance under each of the SW, Suite 800, Washington, DC 20024; 276, approved October 21, 1998 Management Operations sub-indicators. telephone Technical Assistance Center (referred to as the ‘‘Public Housing If circumstances preclude a PHA from at 1–888–245–4860 (this is a toll free Reform Act’’) which added economic reporting electronically, HUD will number). Persons with hearing or self-sufficiency of public housing consider granting short-term approval to speech impairments may access that residents as an additional factor under allow a PHA to submit its Management number via TTY by calling the Federal section 6(j) of the U. S. Housing Act of Operations certification manually. A Information Relay Service at (800) 877– 1937. The statute recognizes the PHA that seeks approval to submit its 8339. Additional information is importance of this area as a separate certification manually must ensure that available from the REAC Internet Site, assessment factor, and the Department the REAC receives a request for manual http://www.hud.gov/reac. has amended the Management submission in writing 60 calendar days SUPPLEMENTARY INFORMATION: Operations Indicator to reflect the prior to the submission due date of its statutory guidance. Management Operations certification. 1. Purpose of This Notice The adjustment for physical condition The written request must include the The purpose of this notice is to and/or neighborhood environment will reasons why the PHA cannot submit its provide additional information about be made under PHAS Indicator #1, certification electronically. The REAC the scoring process for PHAS Indicator Physical Condition. The same will respond to such a request and will #3, Management Operations. The definitions and exemptions that apply manually forward its determination in purpose of the Management Operations to the PHMAP also apply to the PHAS, writing to the PHA.
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4. Elements of Scoring • Scores are first calculated for all of the The three calculations are performed The Management Operations components that have been submitted by on the basis of the following: the PHA; Indicator score provides an assessment • The point values of the six sub-indicators • Based upon the component scores, a score of each PHA’s management and/or components, which are listed in is then calculated for each sub-indicator; effectiveness. The computation of the Table 1; and and score under this PHAS Indicator utilizes • The multiplier value equivalent to the • From the six sub-indicator scores, an data that was submitted for PHMAP and grades assigned under PHMAP listed in indicator score is then calculated. requires three main calculations, which Table 2. are:
TABLE 1.ÐMANAGEMENT OPERATIONS SUB-INDICATOR AND COMPONENT POINTS
Sub-indi- Component Sub-indicator cator points Component points
Vacant Unit Turnaround Time ...... 4.0 ...... Capital Fund ...... 7.0 Unexpended Funds ...... 1.0 Timeliness of Fund Obligation ...... 2.0 Contract Administration ...... 2.0 Quality of Physical Work ...... 1.0 Budget Controls ...... 2.0 Work Orders ...... 4.0 Emergency Work Orders ...... 2.0 Non-Emergency Work Orders ...... 2.0 Inspections of Units and Systems ...... 4.0 Inspection of Units ...... 2.0 ...... Inspections of Systems ...... 2.0 Security ...... 4.0 Tracking/Reporting Crime-Related Problems ...... 1.0 ...... Screening of Applicants ...... 1.0 ...... Lease Enforcement ...... 1.0 ...... Grant Program Goals ...... 1.0 Economic Self-Sufficiency ...... 7.0 ......
The PHMAP grades for each components exist, the value of the non- component scores when the Quality of component are assigned values to assessed component must be Physical Work component has not been indicate the percentage of the redistributed proportionately across assessed. When non-assessed component points that will be awarded components that have been assessed. components exist, the value of the non- in the calculations. The assigned values Sub-indicator Score. The sub- assessed component must be for the PHMAP grades are listed in indicator score is the obtained by redistributed proportionately across Table 2. Note that some components are adding the redistributed component components that have been assessed. In only graded on A, C, and F. scores. When non-assessed Sub- our example, the Capital Funds indicators exist, the value of the non- component, Quality of Physical Work, is TABLE 2.ÐPOSSIBLE GRADES assessed sub-indicator must be not assessed. To redistribute the Quality redistributed proportionately across the of Physical Work points, each assessed Grades Value sub-indicators that have been assessed. component must be multiplied by the Note that if the value of a sub-indicator total possible points for the sub- A ...... 1.00 is changed because of redistribution of indicator (7), and divided by the total B ...... 0.85 C ...... 0.70 non-assessed points, the values of the possible points of the assessed D ...... 0.50 components of that sub-indicator must components (5). The redistributed value E ...... 0.30 be redistributed again. This component of the total possible points for the F ...... 0.00 redistribution does not change the value Contract Administration component is of the sub-indicator, it simply ensures calculated to be 1.4. In our example, the Calculations under the PHAS that the sum of the components equals PHA has received a grade of C for Management Operations Indicator are the new sub-indicator value. Contract Administration; the PHA then performed as follows: Indicator Score. The Indicator score is receives only 70% of the redistributed Component Score. The component determined by adding the sum of the points value for Contract score equals the component’s total sub-indicators. Administration. As shown in Table 3, possible points multiplied by the value 70% of 1.4 equals 0.98 points. The of the grade for the PHA. For example, 5. Examples of Score Computations Capital Fund sub-indicator score is then a PHA with an equivalent grade of E for An Example of Computing a Sub- computed by summing the redistributed the component, ‘‘inspection of units,’’ Indicator Score With a Non-Assessed components. In the example from Table would receive 30% of the total possible Component. Table 3 provides an 3, the final score for the Capital Fund component points of 2, for a score of 0.6 example for the calculation of a Capital sub-indicator is 6.2 (6.16 rounded to the for the component. When non-assessed Fund sub-indicator score and its nearest tenth).
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TABLE 3.ÐEXAMPLE ASSESSMENT OF THE CAPITAL FUND SUB-INDICATOR
Total pos- sible Assessed Redistrib- Component compo- compo- Redistribution calcula- uted com- Grade Grade Score calcula- Comp. nent nent tion ponent value tion score points points points
#1 Unexpended Funds ...... 1.0 1.0 (1.0×7.0 )/5.0 1.4 A 1.0 1.4×1.0 1.4 #2 Timeliness of Fund ...... 2.0 2.0 (2.0×7.0 )/5.0 2.8 A 1.0 2.8×1.0 2.8 #3 Contract Administration ...... 1.0 1.0 (1.0×7.0 )/5.0 1.4 C 0.7 1.4×0.7 0.98 #4 Quality of Physical Work ...... 2.0 NA NA NA NA NA NA NA #5 Budget Controls ...... 1.0 1.0 (1.0×7.0 )/5.0 1.4 C 0.7 1.4×0.7 0.98
Total (Sub-indicator Score) ...... 7.0 5.0 ...... 7.0 ...... 6.16
An Example of Computing the exists, the value of the non-assessed redistributed value of the total possible Management Operations Indicator Score sub-indicator must be redistributed points for each sub-indicator is shown for a PHA Without an Economic Self- proportionately across the sub- in Table 4. The final Management Sufficiency Program. Table 4 provides indicators that have been assessed. To Operations Indicator score is derived by an example for the calculation of the redistribute the Economic Self- summing the redistributed sub- Management Operations Indicator score Sufficiency points, each assessed sub- indicators. when the Economic Self-Sufficiency indicator must be multiplied by the total sub-indicator has not been assessed (the possible points for the MASS indicator These scores are included in the PHA does not have a HUD-funded (30), and divided by the total possible PHAS Report. Note that in the PHAS Economic Self-Sufficiency Program). points of the assessed sub indicators Report, scores are rounded to the When a non-assessed sub-indicator (23). This calculation and the nearest tenth.
TABLE 4.ÐEXAMPLE OF ASSESSMENT OF THE MANAGEMENT OPERATIONS INDICATOR SCORE FOR A PHA WITHOUT AN ECONOMIC SELF-SUFFICIENCY PROGRAM
Total possible Total possible assessed sub- Actual sub-in- Redistribution Redistributed Sub-indicator sub-indicator indicator dicator score calculation sub-indicator points points points
Vacant Unit Turn-Around Time ...... 4 4 4 (4 × 30)/(23) 5.2 Capital Fund ...... 7 7 6.16 (6.16 × 30)/(23) 8.03 Work Orders ...... 4 4 4.0 (4 × 30)/(23) 5.2 Annual Inspection ...... 4 4 2.8 (2.8 × 30)/(23) 3.65 Security ...... 4 4 4.0 (4 × 30)/(23) 5.2 Economic Self-Sufficiency ...... 7 NA NA NA NA
Total Management Operations Indicator Points ...... 30 23 NA NA 27.28
An Example of Rescaling Components indicator no longer added up to the Fund sub-indicator. Each component is So that the Component Sum Equals a redistributed value of the sub-indicator. rescaled by multiplying by a factor of 30 Redistributed Sub-indicator. In the A calculation must be performed to divided by 23. As can be seen from previous example, the sub-indicator rescale the components of a sub- Table 5, the rescaled component values points were redistributed because the indicator so that those components add add up to 8.03 which is the Economic Self-sufficiency sub-indicator up to the redistributed sub-indicator. redistributed sub-indicator points for was not assessed. After the sub- Table 5 contains an example of rescaling Capital Funds as shown above in Table indicator points were redistributed the the Capital Fund components so that 4. components comprising the sub- they add up to the redistributed Capital
TABLE 5.ÐEXAMPLE REDISTRIBUTION OF COMPONENTS WITHIN THE CAPITAL FUND SUB-INDICATOR
Component values after Component rescaling Component Component first redistribu- calculation values after tion in table 3 rescaling
#1 Unexpended Funds ...... 1.4 1.4 × (30/23) 1.82 #2 Timeliness of Fund Obligation ...... 2.8 2.8 × (30/23) 3.65 #3 Contract Administration ...... 0.98 0.98 × (30/23) 1.28 #4 Quality of Physical Work ...... NA NA NA #5 Budget Controls ...... 0.98 0.98 × (30/23) 1.28
Total Sub-Indicator Score ...... 6.16 8.03
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Dated: June 20, 2000. Donald J. LaVoy, Director, Real Estate Assessment Center. [FR Doc. 00–16156 Filed 6–27–00; 8:45 am] BILLING CODE 4210±01±P
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Part VII
Department of Housing and Urban Development Public Housing Assessment System Resident Service and Satisfaction Scoring Process; Notice
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DEPARTMENT OF HOUSING AND available from the REAC Internet Site, • A table providing the weights assigned to URBAN DEVELOPMENT http://www.hud.gov/reac. each question and the scores assigned to each response has been provided. See Appendix 1. SUPPLEMENTARY INFORMATION: • [Docket No. FR±4509±N±16] The threshold which exempts a PHA 1. Purpose of this Notice from the requirement to submit a Follow-up Plan has been changed from 90% to 75%. Public Housing Assessment System The purpose of this notice is to • Resident Service and Satisfaction The manner in which the Survey Follow- provide additional information about up Plan is submitted to HUD has been Scoring Process the scoring process for PHAS Indicator changed. A PHA will receive three points for #4, Resident Service and Satisfaction. AGENCY: Office of the Director, Real certifying that the Follow-up Plan will be The purposes of the Resident Service developed as a supplement to its Annual Estate Assessment Center, HUD and Satisfaction assessment are to Plan. ACTION: Notice. measure the level of resident satisfaction with living conditions at 2. Elements of Scoring SUMMARY: This notice provides their public housing agency (PHA), to additional information to public The score of the Resident Service and facilitate positive interaction and housing agencies, and members of the Satisfaction assessment for all PHAs communication between public housing public, regarding HUD’s process for will be based upon two components, agencies and residents, and to guide issuing scores under the Resident plus a threshold requirement. PHAs in recognizing areas of concern Service and Satisfaction Indicator of the First Component. The first component identified by residents in survey Public Housing Assessment System will be the aggregate score of the survey responses. The Resident Service and (PHAS). This notice is an update of the results. Satisfaction assessment is an important Resident Service and Satisfaction indicator of a PHA’s performance. Second Component. The second Indicator notice on scoring that was Of the total 100 points available for a component will be a score based on the published on June 23, 1999. This notice PHAS score, a PHA may receive up to PHA’s certifications that plans for takes into consideration public ten points under PHAS Indicator #4. survey implementation and follow-up comment received on the June 23, 1999 Unlike PHAS Indicators #1, #2, or #3, corrective actions have been prepared notice and reflects the changes made to PHAs will not be designated as by the PHA and have or will be acted the PHAS regulations published on ‘‘troubled’’ for a failing score under upon. HUD’s PHAS regulation at 24 CFR January 11, 2000, with certain Indicator #4 in accordance with 24 CFR 902.53 provides that the second corrections published on June 6, 2000. 902.67. The Resident Service and component will be a point score based Additionally, the content has been Satisfaction score, however, is included on the level of implementation and revised to provide more detail about the in the aggregate PHAS score. follow-up or corrective actions based on formulas used to compute public The information provided in this the survey results. housing agency (PHA) scores and to notice was originally published on May Each of the components is worth five provide more information about 13, 1999 (64 FR 26236) and updated on points, for a total of ten points, as requirements concerning the Follow-up June 23, 1999 (64 FR 33712). HUD outlined under Indicator #4 in the Plan, which counts for 3 of the 10 points solicited public comment on both the PHAS final rule (24 CFR 902.53). A PHA under the Resident Indicator. The May 13, 1999, and June 23, 1999, will receive a passing score if it receives changes made to this notice are notices. This Resident Service and at least six points of the available ten discussed in the Supplementary Satisfaction Scoring Process notice, points. As noted earlier in this notice, Information section of this notice. published in this edition of the Federal however, a failing score under this FOR FURTHER INFORMATION CONTACT: For Register, has been revised from the June Indicator will not cause a PHA to be further information contact Wanda 23, 1999, notice, to reflect the public designated as troubled. Funk, Real Estate Assessment Center, comments received on the previous Threshold Requirement. A PHA will Department of Housing and Urban notices and to reflect the changes made not receive any points under PHAS Development, 1280 Maryland Avenue, to the PHAS regulations by the final rule Indicator #4 if the survey process is not SW., Suite 800, Washington, DC 20024; published on January 11, 2000 (65 FR– managed as directed by HUD, the survey telephone the Technical Assistance 1712). results are determined to have been Center at 1–888–245–4860 (this is a toll This notice includes the following altered, or the unit addresses are not free number). Persons with hearing or major revisions and additions to the updated and verified as described at 24 speech impairments may access that June 23, 1999 version: CFR 902.51. The threshold requirement number via TTY by calling the Federal • A detailed explanation of the weighted- is subject to verification. Information Relay Service at (800) 877– average scoring methodology used to The following chart shows the scoring 8339. Additional information is calculate PHA scores has been added. components and point range.
Scoring components Point range
Component OneÐSurvey Results (5 points): Maintenance and Repair Section ...... 0±1 Communication Section ...... 0±1 Safety Section ...... 0±1 Services Section ...... 0±1 Neighborhood Section ...... 0±1 Component TwoÐImplementation/Follow-Up Plan (5 points): Survey Implementation Plan ...... 0 or 2 Survey Follow-up Plan ...... 0 or 3 Total Possible Score ...... 10
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3. Scoring Process the REAC receives the PHA’s written five survey sections, as described in 24 The scoring process for the Resident request for manual submission 1 CFR 902.53, will not be modified. Service and Satisfaction Indicator is calendar month before the submission Weights have been assigned to dependent upon electronic updating, due date. The written request must individual questions. Answers to some submission, and certification of include the reasons why the PHA questions on the survey will be used for information by PHAs. Although this cannot update the list electronically. informational purposes only and will notice discusses these electronic steps The REAC will respond to the PHA’s not be calculated into the score for the in terms of requirements, HUD has request within 15 calendar days of PHA. For example, questions regarding made allowance for manual submission receipt of the request. overall satisfaction with the PHA will Sampling. A statistically valid of information, as discussed later in the not be calculated into the final survey number of residents will be chosen to notice. score. The only questions that will be Unit Address Update and receive the Resident Service and included in the score for the PHA will Satisfaction Survey. These residents Verification. The scoring process for be questions that are directly related to will be randomly selected using a PHAS Indicator #4 begins with ensuring compliance with the regulations or computerized program based on the accurate information about the PHA’s statutes applicable to the management total number of occupied and vacant units. PHAs will be required to of public housing. The score for the units of the PHA. The Resident Service electronically update unit address Resident Service and Satisfaction and Satisfaction assessment takes into information initially obtained by the Survey will be based on a total possible account the different properties REAC from the recently revised form score of five points. managed by a PHA by organizing the HUD–50058, Family Report. The REAC Five Survey Sections. There are five resident sampling based on the resident will supply a list of current units (listed survey sections as follows: representation of each development in (1) Maintenance and repair (e.g., work by development) to PHAs via the relation to the size of the entire PHA order response); internet. PHAs will be asked to make resident population. This procedure is (2) Communication (e.g., perceived additions, deletions, and corrections to known as stratified sampling. For effectiveness); their unit address list. After updating example, if a PHA houses five percent (3) Safety (e.g., perception of building the list, PHAs must verify that the list of its residents in a given development, security measures); of unit addresses under their then five percent of the sample will be (4) Services (e.g., management jurisdiction is complete. Any incorrect chosen from that development. A PHA’s response to service problems); and or obsolete address information will score, however, will represent the entire (5) Neighborhood appearance. have a detrimental impact on the survey population within that agency. Results Scores for each survey section will be results. A statistically valid number of will not be statistically valid for each calculated in the following manner. residents cannot be selected to development at this time. HUD is Each section will be given a score participate in the survey if the unit committed, however, to developing this between zero and one. For example, if address information is incorrect or capacity in the near future. the maintenance and repair survey obsolete. If a PHA does not verify the Survey Distribution. The Resident section has 83 percent of the possible address information within two months Service and Satisfaction Survey will be points for that section, then it would be of submission of the list of current units distributed to the randomly selected given a score of .83. The total survey to the PHA by the REAC, and the sample of residents of each PHA by a score will be the sum of the five survey address information is not valid, the third party organization (referred to as section scores. Thus, there are five REAC will not be able to conduct the the ‘‘survey administrator’’) designated possible points for the survey results. survey at that PHA. Under those by HUD. The survey administrator will This part of the score will be presented conditions, the PHA would not receive also be responsible for collecting, in a numeric format with one decimal any points for the PHAS Resident scanning, and aggregating results of the place (e.g., 4.3). Service and Satisfaction Indicator. survey, and transmitting the survey These section scores are calculated Electronic Update of Address List. results to HUD for analysis and scoring. based upon weights, ranging from 0 to The preferred method for updating a HUD will keep individual responses to 0.25, assigned to each question. Within unit address list is electronic updating. the survey confidential. each question, the response categories If a PHA does not have this capability Component One—Survey Results (5 are assigned values ranging from 0% to in-house, the PHA should consider Points). The Resident Service and 125%. Responses are given a value of utilizing local resources, such as the Satisfaction Survey form that will be 125% if the resident indicates that the library or another local government used for the first annual assessment was PHA has exceeded the regulatory entity that has internet access. In the published in the Federal Register on requirement on which the question is event local resources are not available, November 23, 1998, with OMB approval based. the PHA may go to the nearest HUD No. 2507–0001. Following the first year Specifically, section scores are Public and Indian Housing (PIH) of the process, the survey form may be computed as follows: program office and assistance will be modified for subsequent assessment (1) The numeric values associated given to transmit the unit address years (any significant modifications to with the responses given by a resident information. The PIH office will assist the form will be published in the are averaged, based on the question the PHA in electronically updating and Federal Register in accordance with the weights, to obtain the respondent’s transmitting its unit address list to the PHAS regulations). The modifications section score. Although some responses REAC. If circumstances preclude a PHA may include, but are not limited to, may be valued 125%, these section from updating and submitting its unit rewording of specific questions and scores are limited to 100% of the address list electronically, HUD will possible elimination of some questions. section’s total points. consider granting approval to allow a No additional scored questions will be (2) The section scores of all PHA to submit the updated unit address added to the existing Resident Service respondents in each PHA are averaged, list information manually. A PHA that and Satisfaction Survey without the based on the weight of the questions seeks approval to update its unit opportunity to comment as provided in that each resident answered, to obtain address list manually must ensure that the PHAS regulations. In addition, the the PHA section score.
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The scores assigned to each answer A PHA that is required to develop a this capability in-house, the PHA and the weights assigned to each Follow-up Plan will do so as part of its should consider utilizing local question are provided as Appendix 1 to Annual Plan. Once the PHA receives its resources, such as the library or another this notice. survey results, the PHA must local government entity that has internet Component Two—Implementation electronically access a template to access. In the event local resources are and Follow-Up Plans (5 Points). Points certify that it will complete its required not available, the PHA may go to the awarded for component two are based Follow-up Plan as part of its annual nearest HUD PIH program office and on the level of implementation of the plan. Follow-up actions will be directly assistance will be given to the PHA to survey and follow-up on its results, related to the five survey sections listed transmit its Resident Service and when necessary. above. The PHA will be able to develop Satisfaction certifications. Survey Implementation Plan. its Survey Follow-up Plan based on If circumstances preclude the PHA Although, as noted earlier, a survey areas identified by the survey which from reporting electronically, HUD will administrator will be responsible for need improvement. As part of the consider granting approval to allow a Survey Follow-up Plan, the PHA will distributing and collecting the survey PHA to submit its Resident Service and need to specify the following: results, the PHA will be responsible for Satisfaction certifications manually. A disseminating information about the • Actions to be taken in the next fiscal PHA that seeks approval to submit the year; survey to its residents based on a Survey • certifications manually must ensure that Implementation Plan provided by HUD. The target date of completion; and the REAC receives the PHA’s written • The funding source (if required) that will The Survey Implementation Plan will be utilized. request for manual submission 2 explicitly outline required marketing calendar months before the submission activities. The PHA must certify to the A PHA will receive the full three due date of the respective Resident dates the implementation activities are points for this section by completing its Service and Satisfaction certification. carried out. Activities will include, but Survey Follow-up Plan certification and The written request must include the are not limited to, displaying posters developing a Follow-up Plan as part of reasons why the PHA cannot submit the supplied by HUD; conducting meetings its Annual Plan. Where appropriate, certification electronically. The REAC with residents; and distributing flyers. Field Office staff may offer technical will respond to the PHA’s request and assistance to a PHA regarding the If the PHA certifies to having will manually forward its determination Survey Follow-up Plan. Survey Follow- completed the above activities prior to in writing to the PHA. up Plans shall be retained in the PHA’s the date set by HUD, the PHA will office for three years, and available for Technical Review of the Resident receive the full two points for this review by HUD auditors or Survey. The REAC will consider section. All implementation activities representatives of a duly constituted conducting a technical review of a should take place prior to residents’ resident organization. No points will be PHA’s resident survey results in cases receipt of the survey. HUD will set awarded for this component if a PHA where the contracted survey deadlines for electronic submission of fails to certify and develop its Survey administrator can be shown by the PHA Survey Implementation Plans by PHAs. Follow-up Plan. to be in error. The burden of proof, All Survey Implementation Plans Audit. Where appropriate, the Survey however, rests with the PHA to provide received past the deadline will not be Follow-up Plan will be subject to audit. objectively verifiable evidence that a considered, and the PHA will not If the auditor finds that the plan is not technical error occurred. Examples receive any points for this component. appropriate or that the PHA is not include, but are not limited to, incorrect Survey Follow-up Plan. HUD will following its plan in good faith, the PHA material being mailed to residents; too require PHAs to develop a Survey will not receive the three points for the few survey forms sent, which could Follow-up Plan, if appropriate, based on Survey Follow-up Plan portion of the render the sample size invalid; or the the results of the survey by section. Resident Service and Satisfaction PHA’s unit addresses were incorrect due Follow-up Plans will be required for the assessment score. to the survey administrator’s error, such lowest-scoring sections based upon Submission of Resident Service and as unit numbers being omitted from the thresholds determined by HUD. If a Satisfaction Certification. Through the addresses. A PHA that does not update PHA scores .75 (i.e., 75% of the possible Resident Service and Satisfaction unit its unit address list as described above points) or higher on a section of the address, implementation, and follow-up will not be eligible for a technical survey, a Follow-up Plan will not be certifications, the PHA certifies that the review based on incorrect addresses. required for that section. If a PHA scores resident survey process has been Dated: June 20, 2000. .75 or higher on all sections of the managed as directed by HUD. PHAs are survey, no Follow-up Plan will be required to electronically submit their Donald J. LaVoy, required and the PHA will receive the Resident Service and Satisfaction Director, Real Estate Assessment Center. additional three points. certifications. If a PHA does not have BILLING CODE 4210±01±P
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Appendix 1—Survey Answer Scores and Question Weights Detailed below are the weights assigned to each question in the Resident Service and Satisfaction Survey. These weights are used to determine the score for the survey portion of the Resident Service and Satisfaction Survey. The Resident Service and Satisfaction Survey is worth a total of five points. Sections 2 through 6 of the survey are each worth one point. Section 1 and Section 7 are not included in the scores of the survey and will be used for data gathering purposes. Several questions in Sections 2 through 6 are also not included in the survey score. The questions that are included in the score are identified below.
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[FR Doc. 00–16157 Filed 6–27–00; 8:45 am] BILLING CODE 4210±01±C
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Reader Aids Federal Register Vol. 65, No. 125 Wednesday, June 28, 2000
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE
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 28 ...... 35807, 36597, 36598 29...... 36781 Presidential Documents Proclamations: 210...... 36315 1654 (See Proc. Executive orders and proclamations 523±5227 220...... 36315 7317) ...... 37243 The United States Government Manual 523±5227 225...... 38409 2924 (See Proc. 300...... 37608 7317) ...... 37243 Other Services 301 ...... 35261, 37005, 37841, 2998 (See Proc. 523±4534 Electronic and on-line services (voice) 7317) ...... 37243 39779 Privacy Act Compilation 523±3187 7316...... 36051 319...... 37608, 38171 Public Laws Update Service (numbers, dates, etc.) 523±6641 7317...... 37243 784...... 38409 TTY for the deaf-and-hard-of-hearing 523±5229 7318...... 37249 915...... 35561 7319...... 37253 916...... 39507 917...... 30507 ELECTRONIC RESEARCH 7320...... 37259 7321...... 37263 920...... 37265 World Wide Web 7322...... 37687 930...... 35265 981...... 39281 Full text of the daily Federal Register, CFR and other 7323...... 38407 984...... 39284 publications: 7324...... 39773 1160...... 35808 http://www.access.gpo.gov/nara Executive Orders: February 26, 1852 1400...... 36550 Federal Register information and research tools, including Public (Revoked in part by 1411...... 36550 Inspection List, indexes, and links to GPO Access: PLO 7447)...... 35390 1427...... 36550 1439...... 36550 http://www.nara.gov/fedreg February 18, 1870 (Amended by PLO 1464...... 36550 E-mail 7457) ...... 38299 1479...... 36550 PENS (Public Law Electronic Notification Service) is an E-mail March 26, 1881 Proposed Rules: service for notification of recently enacted Public Laws. To (Amended by PLO 52...... 39824 subscribe, send E-mail to 7457) ...... 38299 54...... 35857 April 17, 1926 56...... 37298 [email protected] (Revoked in part by 70...... 37298 with the text message: PLO 7452)...... 36160 300...... 38218 subscribe PUBLAWS-L your name 12250 (See EO 353...... 38218 13160 ...... 39775 457...... 37919 Use [email protected] only to subscribe or unsubscribe to 12938 (See EO 928...... 35590 PENS. We cannot respond to specific inquiries. 13159) ...... 39279 982...... 37300 Reference questions. Send questions and comments about the 13085 (See EO 1216...... 35298 Federal Register system to: 13159) ...... 39279 8 CFR [email protected] 13087 (See Proclamation 3...... 39513 The Federal Register staff cannot interpret specific documents or 7316) ...... 36051 100...... 39071 regulations. 13159...... 39279 292...... 39513 13160...... 39775 9 CFR FEDERAL REGISTER PAGES AND DATE, JUNE Administrative Orders: Presidential Determinations: 54...... 39534 34913±35258...... 1 No. 2000-20 of May 77...... 39780 35259±35560...... 2 31, 2000 ...... 36307 79...... 39534 35561±35806...... 5 No. 2000-21 of June 2, 93...... 38177 35807±36052...... 6 2000 ...... 36309 94 ...... 37268, 37270, 39782 36053±36306...... 7 No. 2000-22 of June 2, 98...... 38177 36307±36596...... 8 2000 ...... 36311 130...... 38177, 38179 36597±36780...... 9 No. 2000-23 of June 2, 10 CFR 36781±37004...... 12 2000 ...... 36313 37005±37262...... 13 No. 2000-24 of June 50...... 34913, 38182 37263±37472...... 14 16, 2000 ...... 38713 72...... 38715, 38718 37473±37686...... 15 170...... 36946 37687±37840...... 16 5 CFR 171...... 36946 37841±38170...... 19 630...... 37234, 38409 436...... 39784 38171±38406...... 20 890...... 35259 474...... 36986 38407±38712...... 21 Proposed Rules: 1703...... 35810 38713±39070...... 22 430...... 38442 Proposed Rules: 39071±39278...... 23 537...... 38791 72 ...... 36647, 37712, 38794, 39279±39506...... 26 38795 39507±39778...... 27 7 CFR 73...... 36649 39779±40048...... 28 27...... 36597 150...... 37712
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11 CFR 39083, 39084, 39085, 39790, 39...... 39027 25...... 36908, 39470 100...... 38415 39791, 39792, 39793 100...... 38986, 39039 40...... 36326 73...... 35273, 37038 101...... 38415 140...... 39008, 39039 Proposed Rules: 91...... 35703 102...... 38415 155...... 39008, 39039 1 ...... 37728, 38229, 39112, 97 ...... 35274, 35275, 37278, 104...... 38415 166...... 39008, 39039 39319 37279, 39794, 39796 108...... 36053 170...... 38986, 39039 20...... 38229 121...... 36775 109...... 38415 180...... 38986, 39039 25...... 38229 129...... 35703, 36775 114...... 38415 301...... 37728 135...... 36775 18 CFR 9003...... 38415 187...... 36002 27 CFR 9033...... 38415 154...... 35706 252...... 36772 161...... 35706 47...... 38195 12 CFR Proposed Rules: 250...... 35706 178...... 38195 25...... 36978 40...... 35162 284...... 35706 Proposed Rules: 39 ...... 34993, 35590, 35869, 9...... 35871 216...... 35162 36095, 36391, 36799, 36801, 19 CFR 332...... 35162 36803, 37084, 37087, 37311, 28 CFR 573...... 35162 171...... 39087 37313, 37314, 37315, 37494, Proposed Rules: 716...... 36782 Proposed Rules: 37497, 37500, 37723, 37922, 542...... 39768 745...... 34921 4...... 37501 37924, 38448, 38450, 39574, 113...... 37501 900...... 36290 39576, 39578, 39825, 39828, 29 CFR 905...... 36290 39831 20 CFR 1630...... 36327 965...... 36290 61...... 37836 404...... 34950, 38424 1952...... 36617, 38429 966...... 36290 63...... 37836 2520...... 35568 969...... 36290 416...... 34950 65...... 37836 604...... 37210 2584...... 35703 985...... 36290 71 ...... 35301, 35302, 35303, 4022...... 37482 Proposed Rules: 989...... 36290 36805, 37089, 37725, 37726, 4044...... 37482 404...... 37321, 38796 1700...... 39786 37727, 37833, 38224, 38225, 416...... 37321, 38796 Proposed Rules: Proposed Rules: 38226, 38227, 39111, 39470, 1910...... 37322 30...... 39472 39833, 39834 21 CFR 208...... 39472 108...... 37836 30 CFR 211...... 39472 121...... 37836, 38636 5...... 34959 206...... 37043 225...... 39472 135...... 37836 175...... 37040 250...... 35824, 36328 263...... 39472 139...... 38636 176...... 36786 750...... 39543 308...... 39472 178...... 38426 901...... 36328, 38724 364...... 39472 15 CFR 201...... 38181 914...... 35568 568...... 39472 280...... 39798 310...... 36319 938...... 39289 570...... 39472 730...... 38148 312...... 34963 330...... 38191 Proposed Rules: 614...... 39319 732...... 38148 206...... 37504 331...... 38191 615...... 39319 736...... 38148 250...... 38453 341...... 38191 618...... 39319 738...... 38148 701...... 36097 346...... 38191 701...... 37065 740...... 38148 724...... 36097 349...... 38426 748...... 37302 742...... 38148 773...... 36097 352...... 36319 792...... 36797 744...... 38148 774...... 36097 355...... 38191 746...... 38148 778...... 36097 13 CFR 358...... 38191 758...... 38148 842...... 36097 369...... 38191 121...... 35810, 37836 760...... 34942 843...... 36097 510...... 36615, 36787 Proposed Rules: 774...... 37039, 38148 846...... 36097 524...... 36616 107...... 38223 922...... 39042 906...... 36098 556...... 36616 121...... 37308 Proposed Rules: 917...... 39319 573...... 35823 123...... 37308 101...... 38370 931...... 36101, 36104 700...... 36319 134...... 39567 922...... 35871 701...... 38191 140...... 39567 930...... 34995 31 CFR 868...... 39098 Ch. V...... 39100 880...... 36324, 37041 14 CFR 16 CFR 500...... 38165 11...... 36244 Proposed Rules: 22 CFR 21...... 36244 250...... 37317 32 CFR 23...... 37006 1211...... 37318 51...... 39288 3...... 35576 25...... 35813, 36244 199...... 39804 17 CFR 24 CFR 39 ...... 34926, 34928, 34932, 293...... 38201 34935, 34938, 34941, 35267, 230...... 37672 24...... 38706 327...... 39806 35270, 35563, 35566, 35814, 232...... 39086 25...... 38710 33 CFR 35817, 35819, 36053, 36055, 240...... 36602, 37672 30...... 38710 36059, 36317, 36783, 37009, 249b...... 36602 245...... 36272 100 ...... 36631, 37281, 37854, 37011, 37014, 37015, 37017, 270...... 37672 902...... 36042 38204, 39103, 39104 37019, 37022, 37025, 37026, Proposed Rules: 985...... 38194 110...... 37281, 37854 37028, 37029, 37031, 37271, 1 ...... 35304, 38986, 39008, Proposed Rules: 117 ...... 35825, 35826, 36338, 37272, 37274, 37473, 37476, 39039 30...... 39502 36632, 37862, 38205, 39105 37478, 37480, 37843, 37845, 3...... 39008, 39039 157...... 39260 25 CFR 37848, 37851, 37853, 39072, 4...... 39008, 39039 165 ...... 34971, 35278, 35279, 39074, 39076, 39077, 39079, 5...... 38986, 39039 170...... 37697 35827, 35832, 35838, 36340, 39286, 39536, 39539, 39541, 15...... 38986, 39039 Proposed Rules: 36631, 36788, 37044, 37281, 39788 20...... 38986, 39039 70...... 38228 37285, 37854, 38207, 38209, 71 ...... 35272, 35822, 36060, 35...... 39033 38210, 39107, 39299, 39543, 36602, 37035, 37277, 37694, 36...... 38986, 39039 26 CFR 39545, 39546, 39547, 39549 37695, 37696, 38720, 38721, 37...... 38986, 39039 1 ...... 36908, 37481, 37701 Proposed Rules: 38722, 38723, 39081, 39082, 38...... 38986, 39039 20...... 36908 165...... 36393
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166...... 38474 300...... 37483, 38774 447...... 38027 36027, 36028 173...... 38229 372...... 39301, 39552 457...... 38027 201...... 39704 323...... 37738 720...... 39301 1150...... 37485 202...... 39704 203...... 39704 Proposed Rules: 46 CFR 34 CFR 50...... 39321 204...... 39704 361...... 35792 52 ...... 35875, 36396, 36397, 310...... 39556 206...... 39704 379...... 36632 36398, 36807, 37323, 37324, Proposed Rules: 209...... 39704 668...... 38728 37739, 37926, 38169, 38232, 10...... 37507 212...... 39704 682...... 38728 39321 12...... 37507 213...... 39704 685...... 37045, 38728 60...... 38800 15...... 37507 215...... 39708 692...... 38728 61...... 39112 110...... 35600, 39334 217...... 39704 694...... 39814 62...... 37091, 38801 111...... 35600, 39334 219...... 39704 225...... 36034, 39704 Proposed Rules: 63...... 39326, 39581 47 CFR 5...... 36760 69...... 35430 230...... 36034 75...... 37090 70 ...... 36398, 37091, 38802 2...... 38431 231...... 39704 361...... 39492 81...... 37926, 39321 15...... 38431 232...... 39704, 39722 373...... 39252 80...... 35430 22...... 37055 235...... 39704 86...... 35430 24...... 35843, 38324 236...... 39704 36 CFR 141 ...... 37092, 37331, 38888, 25...... 38324 242...... 39704, 39722 51...... 38214 249...... 39704 5...... 37863 39113 52...... 37703 250...... 39704 13...... 37863 142 ...... 37092, 37331, 38888, 54...... 38684 252...... 39704 242...... 39815 39113 61...... 38684 253 ...... 39704, 39707, 39722 1228...... 39817 180...... 35307 64...... 36637, 38432 715...... 36642, 39470 1253...... 38730 232...... 37738 69...... 38684 742...... 36642, 39470 1260...... 34973 258...... 36807 73 ...... 34988, 34989, 34990, 1501...... 37289 1280...... 34977, 35840 261...... 37739 34991, 35588, 36374, 36375, 1509...... 37289 1290...... 39550 266...... 39581 36637, 36638, 36639, 37709 1532...... 37289 Ch. XIV ...... 39550 268...... 37932 271...... 38802 74...... 36375, 38324 1552...... 37289 Proposed Rules: 76...... 36382 1604...... 36382 Ch. II ...... 36395 300...... 38476, 38806 434...... 34996 78...... 38324 1615...... 36382 37 CFR 90...... 38324, 39559 1632...... 36382 41 CFR 101...... 38324 1652...... 36382, 39470 2...... 36633 Ch. 301 ...... 37053 Proposed Rules: 1807...... 37057 201...... 39818 1...... 39335 1811...... 37057, 37061 202...... 39818 51±8...... 35286 51±9...... 35286 15...... 37332 1812...... 37057 203...... 39819 20...... 35601 1815...... 37057, 38776 204...... 39819 51±10...... 35286 102±36...... 34983 24 ...... 35875, 37092, 38333 1816...... 37057, 38776 251...... 39819 25...... 35312, 38333 1819...... 38776 252...... 39819 42 CFR 52...... 37749 1823...... 37057 256...... 39819 1831...... 38776 403...... 34983 61...... 39335 257...... 39819 1842...... 37057 409...... 39314 64...... 36651, 38491 259...... 39819 1846...... 37057 410...... 39314 69...... 39335 260...... 39819 1852...... 37061, 38776 411...... 39314 73 ...... 34996, 34997, 34998, 9903...... 36768, 37470 38 CFR 413...... 39314 36399, 36652, 36808, 36809, 37752, 37753, 37754 Proposed Rules: 3...... 35280 424...... 39314 484...... 39314 74...... 38333 970...... 37335 17...... 35280 78...... 38333 1504...... 39115 21...... 35280 1001...... 35583 1003...... 35583 90...... 38333 1552...... 39115 Proposed Rules: 1005...... 35583 101...... 38333 3...... 39580 49 CFR 1006...... 35583 52...... 39835 48 CFR 350...... 37956 Proposed Rules: Ch. 1...... 36012, 36031 385...... 35287 405...... 37507 40 CFR Ch. 2 ...... 39704 390...... 35287, 37956 9...... 39301 43 CFR 1...... 36014, 36015 394...... 37956 52 ...... 35577, 35840, 36343, 2...... 36016 395...... 37956 36346, 36349, 36351, 36353, 12...... 37702, 39822 3...... 36030 398...... 37956 36788, 37286, 37833, 37879, Proposed Rules: 4...... 36016, 36021 571...... 35427 38168, 39551, 39821 3130...... 39334 5...... 36030 1244...... 37710 62 ...... 36067, 37046, 38732, 3160...... 39334 7...... 36016 Proposed Rules: 38740 8...... 36023 44 CFR 350...... 36809 63...... 38030 9...... 36014 390...... 36809 70 ...... 36358, 36362, 37049, 59...... 39726 11...... 36016 394...... 36809 38744 61...... 39726 13...... 36016 395...... 36809 81 ...... 35577, 36353, 37879 62...... 36633 15...... 36014 398...... 36809 82...... 37900 65 ...... 35584, 36068, 36069, 22...... 36014 571...... 36106 132...... 35283 36070, 36634 23...... 36016 575...... 34998 141...... 37052, 38629 67 ...... 35587, 36072, 38212, 25...... 36025, 36027 142...... 37052 38429 30...... 36028 50 CFR 148...... 36365 403...... 38164 35...... 36014 16...... 37062 157...... 39301 Proposed Rules: 37...... 36014 32...... 36642 180 ...... 36367, 36790, 38748, 67 ...... 35592, 35596, 38478 38...... 36023 216...... 38778 38753, 38757, 38765, 39304 42...... 36014 100...... 39815 258...... 36792 45 CFR 47...... 36030 223...... 36074, 38778 261...... 36365 5b...... 34986, 37288 49...... 36030 224...... 38778 268...... 36365 284...... 39234 52 ...... 36015, 36016, 36025, 228...... 39569
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622...... 36643, 37292 635...... 35855, 38440 640...... 37292 648 ...... 36646, 37903, 39823 660 ...... 37063, 37296, 37917, 39314 679 ...... 34991, 34992, 36795, 38216, 39107, 39564 Proposed Rules: 16...... 35314 17 ...... 35025, 35033, 35315, 36512, 37108, 37343, 39117, 39850 20...... 38400 80...... 36653 224...... 39336 300...... 39342 Ch. IV...... 37162 622 ...... 35040, 35316, 35877, 36656, 37513, 37754 635...... 35881 660...... 39584, 39585 679...... 36810, 39342
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REMINDERS Gaining Early Awareness Idaho and Oregon; origin, sex, disability, and The items in this list were and Readiness for comments due by 7-3-00; age; conforming editorially compiled as an aid Undergraduate Programs published 5-3-00 amendments to to Federal Register users. (GEAR UP) Program; AGRICULTURE regulations; comments Inclusion or exclusion from published 6-28-00 DEPARTMENT due by 7-5-00; published 5-5-00 this list has no legal ENERGY DEPARTMENT Animal and Plant Health significance. Energy Efficiency and Inspection Service ENVIRONMENTAL PROTECTION AGENCY Renewable Energy Office Plant-related quaratine, Energy conservation: domestic: Acquisition regulations: RULES GOING INTO Inspector General Office EFFECT JUNE 28, 2000 Energy savings performance Oriental fruit fly; comments contracting; technical due by 7-7-00; published Hotline posters within amendments; published 6- 5-8-00 contractor work areas; AGRICULTURE 28-00 display requirements; DEPARTMENT COMMERCE DEPARTMENT comments due by 7-3-00; ENVIRONMENTAL Agricultural Marketing National Oceanic and published 5-4-00 PROTECTION AGENCY Service Atmospheric Administration Air quality implementation Air quality implementation Nectarines and peaches Endangered and threatened plans; approval and plans; approval and grown inÐ species: promulgation; various promulgation; various California; published 6-27-00 White abalone; comments States: States: due by 7-5-00; published Arizona; comments due by AGRICULTURE Georgia; published 6-28-00 5-5-00 7-3-00; published 6-19-00 DEPARTMENT FEDERAL RESERVE Fishery conservation and Pennsylvania; comments Animal and Plant Health SYSTEM management: due by 7-6-00; published Inspection Service Privacy Act; implementation; Caribbean, Gulf, and South 6-6-00 Exportation and importation of published 5-30-00 Atlantic fisheriesÐ Toxic substances: animals and animal products: HOUSING AND URBAN Coastal migratory pelagic Polychlorinated biphenyls resources; comments (PCBs)Ð Bovine partsÐ DEVELOPMENT DEPARTMENT due by 7-3-00; Non-liquid PCBs; use Imports from Argentina; Federal Housing Enterprise published 6-1-00 authorization and prohibition; published 6- distribution in 28-00 Oversight Office South Atlantic Fishery Organization, functions, and Management Council; commerce; comments AGRICULTURE authority delegations: hearings; comments due by 7-7-00; DEPARTMENT due by 7-5-00; published 12-10-99 Revision; published 6-28-00 Forest Service published 4-17-00 FEDERAL Alaska National Interest Lands INTERIOR DEPARTMENT South Atlantic Fishery COMMUNICATIONS Conservation Act; Title VIII Fish and Wildlife Service Management Council; COMMISSION implementation (subsistence Alaska National Interest Lands meetings; comments Common carrier services: priority): Conservation Act; Title VIII due by 7-7-00; Individuals with hearing and Waters subject to implementation (subsistence published 6-16-00 speech disabilities; subsistence priority; priority): South Atlantic snapper- telecommunications relay redefinition; correction; Waters subject to grouper; comments due services and speech-to- published 6-28-00 subsistence priority; by 7-6-00; published 6- speech services; COMMERCE DEPARTMENT redefinition; correction; 6-00 comments due by 7-5-00; National Oceanic and published 6-28-00 COMMODITY FUTURES published 6-21-00 Atmospheric Administration LIBRARY OF CONGRESS TRADING COMMISSION Personal communications Fishery conservation and Copyright Office, Library of Commodity Exchange Act: servicesÐ management: Congress Futures commission Narrowband spectrum; Northeastern United States Copyright claims registration: merchants and introducing unlicensed megahertz; fisheriesÐ brokers; minimum financial decision whether to Technical amendments; license or not; Summer flounder; requirements published 6-28-00 competitive bidding; published 6-28-00 Freedom of Information Act, Subordination agreements; comments due by 7-5- CONSUMER PRODUCT Privacy Act; implementation; net capital treatment; 00; published 6-6-00 SAFETY COMMISSION and policies and comments due by 7-3- 00; published 6-2-00 Radio stations; table of Flammable Fabrics Act: procedures; published 6-28- assignments: 00 Children's sleepwear (sizes DEFENSE DEPARTMENT Florida; comments due by 0-6X and 7-14); TRANSPORTATION Federal Acquisition Regulation 7-3-00; published 5-10-00 flammability standardsÐ DEPARTMENT (FAR): Kentucky; comments due by Snug-fitting sleepwear; Federal Aviation Advance payments for non- 7-7-00; published 6-1-00 commercial items; label and hangtag Administration GENERAL SERVICES comments due by 7-3-00; requirements; published Airworthiness directives: ADMINISTRATION 6-28-99 published 5-2-00 Airbus; published 5-24-00 Federal Acquisition Regulation Snug-fitting sleepwear; Cost accounting standards (FAR): label and hangtag coverage; applicability, Advance payments for non- requirements; correction; COMMENTS DUE NEXT thresholds, and waiver; commercial items; published 9-8-99 WEEK comments due by 7-6-00; published 6-6-00 comments due by 7-3-00; Snug-fitting sleepwear; published 5-2-00 label and hangtag AGRICULTURE EDUCATION DEPARTMENT Cost accounting standards requirements; correction; DEPARTMENT Civil Rights Restoration Act; coverage; applicability, published 11-9-99 Agricultural Marketing implementation: thresholds, and waiver; EDUCATION DEPARTMENT Service Nondiscrimination on basis comments due by 7-6-00; Postsecondary education: Potatoes (Irish) grown inÐ of race, color, national published 6-6-00
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HEALTH AND HUMAN LABOR DEPARTMENT Bell; comments due by 7-3- Register but may be ordered SERVICES DEPARTMENT Federal Contract Compliance 00; published 5-3-00 in ``slip law'' (individual Food and Drug Programs Office Boeing; comments due by pamphlet) form from the Administration Affirmative action and 7-3-00; published 5-4-00 Superintendent of Documents, Human drugs: nondiscrimination obligations Dassault; comments due by U.S. Government Printing Office, Washington, DC 20402 Prescription drug marketing; of contractors and 7-3-00; published 6-1-00 (phone, 202±512±1808). The effective date delayed, subcontractors: General Electric Aircraft text will also be made etc.; comments due by 7- Affirmative action programs; Engines; comments due available on the Internet from 3-00; published 5-3-00 requirements; comments by 7-3-00; published 5-4- GPO Access at http:// due by 7-3-00; published 00 HEALTH AND HUMAN www.access.gpo.gov/nara/ 5-4-00 McDonnell Douglas; SERVICES DEPARTMENT index.html. Some laws may comments due by 7-5-00; Health Care Financing NATIONAL AERONAUTICS not yet be available. Administration AND SPACE published 5-5-00 MD Helicopters Inc.; Medicare: ADMINISTRATION H.R. 1953/P.L. 106±216 comments due by 7-5-00; To authorize leases for terms Hospital inpatient Federal Acquisition Regulation published 5-5-00 not to exceed 99 years on prospective payment (FAR): Pratt & Whitney; comments land held in trust for the systems and 2001 FY Advance payments for non- due by 7-5-00; published Torres Martinez Desert rates; comments due by commercial items; 5-5-00 Cahuilla Indians and the 7-5-00; published 5-5-00 comments due by 7-3-00; Raytheon; comments due by Guidiville Band of Pomo Supplemental practice published 5-2-00 7-7-00; published 5-5-00 Indians of the Guidiville Indian expense survey data; Cost accounting standards coverage; applicability, Class E airspace; comments Rancheria. (June 20, 2000; submission criteria; 114 Stat. 343) comments due by 7-3-00; thresholds, and waiver; due by 7-3-00; published 6- published 5-3-00 comments due by 7-6-00; 2-00 H.R. 2484/P.L. 106±217 published 6-6-00 TRANSPORTATION To provide that land which is HEALTH AND HUMAN owned by the Lower Sioux SERVICES DEPARTMENT NUCLEAR REGULATORY DEPARTMENT COMMISSION National Highway Traffic Indian Community in the State Inspector General Office, of Minnesota but which is not Radioactive material packaging Safety Administration Health and Human Services held in trust by the United Department and tranportation: Motor vehicle safety standards: States for the Community may Civil money penalties, Nuclear waste shipments; be leased or transferred by Occupant crash protectionÐ assessments, and advance notification to the Community without further exclusions; comments due Native American Tribes; Occupant protection in approval by the United States. by 7-3-00; published 5-2-00 comments due by 7-5-00; interior impact; head (June 20, 2000; 114 Stat. published 4-6-00 impact protection; INTERIOR DEPARTMENT 344) RAILROAD RETIREMENT comments due by 7-5- Fish and Wildlife Service H.R. 3639/P.L. 106±218 BOARD 00; published 6-7-00 Endangered and threatened To designate the Federal Railroad Unemployment TREASURY DEPARTMENT species: building located at 2201 C Insurance Act: Internal Revenue Service Southwestern Washington/ Street, Northwest, in the Sickness benefits; execution Income taxes: Columbia River coastal District of Columbia, currently of statement of sickness cutthroat trout in Basis adjustments among headquarters for the by nurse practitioner; Washington and Oregon; partnership assets; Department of State, as the comments due by 7-5-00; comments due by 7-3-00; allocation; comments due ``Harry S Truman Federal published 5-5-00 published 6-2-00 by 7-5-00; published 4-5- Building''. (June 20, 2000; 114 00 Stat. 345) Migratory bird hunting: TRANSPORTATION DEPARTMENT TREASURY DEPARTMENT H.R. 4542/P.L. 106±219 Seasons, limits, and shooting hours; Coast Guard Practice before Internal To designate the Washington establishment, etc. Electrical engineering: Revenue Service; comments Opera in Washington, D.C., as due by 7-5-00; published 5- the National Opera. (June 20, Meetings; comments due Marine shipboard electrical 11-00 2000; 114 Stat. 346) by 7-7-00; published 6- cable standards; 20-00 comments due by 7-7-00; TREASURY DEPARTMENT S. 291/P.L. 106±220 published 6-5-00 Thrift Supervision Office Carlsbad Irrigation Project INTERIOR DEPARTMENT Outer Continental Shelf Lending and investments: Acquired Land Transfer Act Surface Mining Reclamation activities: (June 20, 2000; 114 Stat. and Enforcement Office Responsible alternative Regulations revision; mortgage lending; 347) Permanent program and comments due by 7-5-00; comments due by 7-5-00; S. 356/P.L. 106±221 abandoned mine land published 3-16-00 published 4-5-00 reclamation plan Wellton-Mohawk Transfer Act submissions: Ports and waterways safety: (June 20, 2000; 114 Stat. 351) Colorado; comments due by Boston Harbor, MA; safety LIST OF PUBLIC LAWS 7-7-00; published 6-7-00 zone; comments due by S. 777/P.L. 106±222 7-3-00; published 5-2-00 New Mexico; comments due This is a continuing list of Freedom to E-File Act (June by 7-7-00; published 6-7- TRANSPORTATION public bills from the current 20, 2000; 114 Stat. 353) 00 DEPARTMENT session of Congress which S. 2722/P.L. 106±223 Surface coal mining and Federal Aviation have become Federal laws. It To authorize the award of the reclamation operations: Administration may be used in conjunction Medal of Honor to Ed W. with ``P L U S'' (Public Laws Ownership and control of Airworthiness directives: Freeman, James K. Okubo, Agusta S.p.A.; comments Update Service) on 202±523± and Andrew J. Smith. (June mining operations; 6641. This list is also definitions, permit due by 7-3-00; published 20, 2000; 114 Stat. 356) 5-3-00 available online at http:// H.R. 2559/P.L. 106±224 requirements, enforcement www.nara.gov/fedreg. actions, etc.; comments Airbus Industrie; comments Agricultural Risk Protection Act due by 7-7-00; published due by 7-3-00; published The text of laws is not of 2000 (June 20, 2000; 114 6-7-00 6-1-00 published in the Federal Stat. 358)
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H.R. 3642/P.L. 106±225 To authorize the President to award posthumously a gold medal on behalf of the Congress to Charles M. Schulz in recognition of his lasting artistic contributions to the Nation and the world, and for other purposes. (June 20, 2000; 114 Stat. 457) Last List June 19, 2000
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