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1 II Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000

The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. 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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: 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

VerDate 112000 16:22 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM pfrm01 PsN: 28JNR1 39780 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations articles from a portion of Los Angeles PART 301ÐDOMESTIC QUARANTINE room. The reading room is located in County, CA. NOTICES room 1141 of the USDA South Building, Within the previously quarantined 14th Street and Independence Avenue, 1. The authority citation for part 301 SW., Washington, DC. Normal reading portion of Los Angeles County, CA, continues to read as follows: there are approximately 413 small room hours are 8 a.m. to 4:30 p.m., entities that may be affected by this rule. Authority: 7 U.S.C. 147a, 150bb, 150dd, Monday through Friday, except These include 3 distributors, 250 fruit 150ee, 150ff, 161, 162, and 164–167; 7 CFR holidays. To be sure someone is there to 2.22, 2.80, and 371.2(c). sellers, 27 growers, 126 nurseries, 1 help you, please call (202) 690–2817 processor, 3 community gardens, 2 swap 2. In § 301.97–3, paragraph (c) is before coming. meets, and 1 farmers market. These 413 revised to read as follows: APHIS documents published in the entities comprise less than 1 percent of Federal Register, and related the total number of similar entities § 301.97±3 Quarantined areas. information, including the names of operating in the State of California. * * * * * organizations and individuals who have Additionally, these small entities sell (c) The areas described below are commented on APHIS dockets, are regulated articles primarily for local designated as quarantined areas: There available on the Internet at http:// intrastate-not-interstate movement, so are no areas in the continental United www.aphis.usda.gov/ppd/rad/ the effect, if any, of this rule on these States quarantined for the melon fruit webrepor.html. entities appears to be minimal. fly. FOR FURTHER INFORMATION CONTACT: Dr. The effect on those few entities that Done in Washington, DC, this 22nd day of Joseph Van Tiem, Senior Staff do move regulated articles interstate June 2000. Veterinarian, VS, APHIS, USDA, 4700 was minimized by the availability of Bobby R. Acord, River Road Unit 43, Riverdale, MD various treatments that, in most cases, Acting Administrator, Animal and Plant 20737–1231; (301) 734–7716. allowed these small entities to move Health Inspection Service. SUPPLEMENTARY INFORMATION: regulated articles interstate with very [FR Doc. 00–16313 Filed 6–27–00; 8:45 am] Background little additional cost. BILLING CODE 3410±34±U Bovine tuberculosis is a contagious, Under these circumstances, the infectious, and communicable disease Administrator of the Animal and Plant DEPARTMENT OF AGRICULTURE caused by Mycobacterium bovis. It Health Inspection Service has affects cattle, bison, deer, elk, goats, and determined that this action will not Animal and Plant Health Inspection other species, including humans. have a significant economic impact on Service Bovine tuberculosis in infected animals a substantial number of small entities. and humans manifests itself in lesions Executive Order 12372 9 CFR Part 77 of the lung, bone, and other body parts, [Docket No. 00±055±1] causes weight loss and general This program/activity is listed in the debilitation, and can be fatal. Catalog of Federal Domestic Assistance Tuberculosis in Cattle and Bison; State At the beginning of this century, under No. 10.025 and is subject to and Zone Designations bovine tuberculosis caused more losses Executive Order 12372, which requires of livestock than all other livestock intergovernmental consultation with AGENCY: Animal and Plant Health diseases combined. This prompted the State and local officials. (See 7 CFR part Inspection Service, USDA. establishment of the National 3015, subpart V.) ACTION: Interim rule and request for Cooperative State/Federal Bovine Executive Order 12988 comments. Tuberculosis Eradication Program for bovine tuberculosis in livestock. This rule has been reviewed under SUMMARY: We are amending the bovine Federal regulations implementing this Executive Order 12988, Civil Justice tuberculosis regulations regarding State program are contained in 9 CFR part 77, Reform. This rule: (1) Preempts all State and zone risk classifications to remove ‘‘Tuberculosis’’ (referred to below as the and local laws and regulations that are the split-State status of the State of regulations), and in the ‘‘Uniform inconsistent with this rule; (2) has no Michigan and to classify the entire State Methods and Rules— Bovine retroactive effect; and (3) does not as nonmodified accredited. This action Tuberculosis Eradication’’ (UMR), require administrative proceedings is necessary to help prevent the spread which is incorporated by reference into before parties may file suit in court of tuberculosis because Michigan no the regulations. The regulations restrict challenging this rule. longer meets the requirements for split- the interstate movement of cattle, bison, State status. and captive cervids to prevent the Paperwork Reduction Act DATES: This interim rule is effective spread of bovine tuberculosis. This rule contains no new June 22, 2000. We invite you to Restrictions on the interstate information collection or recordkeeping comment on this docket. We will movement of cattle and bison not requirements under the Paperwork consider all comments that we receive known to be infected with or exposed to Reduction Act of 1995 (44 U.S.C. 3501 August 28, 2000. tuberculosis are based on whether the et seq.). ADDRESSES: Please send your comment animals are moved from States or zones and three copies to: Docket No. 00–055– designated as accredited-free States or List of Subjects in 7 CFR Part 301 1, Regulatory Analysis and zones, accredited-free (suspended) States or zones, modified accredited Agricultural commodities, Plant Development, PPD, APHIS, Suite 3C03, States or zones, or nonmodified diseases and pests, Quarantine, 4700 River Road, Unit 118, Riverdale, accredited States or zones. The status of Reporting and recordkeeping MD 20737–1238. Please state that your comment refers a State or zone is based on its freedom requirements, Transportation. to Docket No. 00–055–1. from evidence of tuberculosis in cattle Accordingly, we are amending 7 CFR You may read any comments that we and bison, the effectiveness of the part 301 as follows: receive on this docket in our reading State’s tuberculosis eradication

VerDate 112000 18:40 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM pfrm02 PsN: 28JNR1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations 39781 program, and the degree of the State’s In the interim rule, we recognized interim rule, we are removing compliance with the standards for cattle specific zones in only one State—the Michigan’s split-State tuberculosis and bison contained in the UMR. State of Michigan. We stated that status. Because the prevalence of Prior to the effective date of an Michigan had demonstrated to APHIS tuberculosis-affected cattle and bison interim rule that we published in the that it had the resources to enforce a herds in Michigan as a whole slightly Federal Register on November 1, 1999 tuberculosis eradication program and to exceeds that allowed for either (64 FR 58769–58780, Docket No. 99– ensure that diagnoses of tuberculosis are accredited-free or modified accredited 008–1), and that was effective as of reported to State and Federal status, we are classifying Michigan as October 20, 1999, there were no authorities, and that it was capable of nonmodified accredited. maintaining surveillance that allows provisions in the regulations to allow Emergency Action separate tuberculosis status for different detection of tuberculosis in the overall zones within a State. Even if herds population of livestock at a 2 percent The Administrator of the Animal and affected with tuberculosis were prevalence rate with 95 percent Plant Health Inspection Service has confined to a very limited area of a confidence. We stated additionally that determined that an emergency exists State, the classification of the entire Michigan would enter into a that warrants publication of this interim State had to take into account the memorandum of understanding with rule without prior opportunity for disease situation in that limited area. APHIS regarding any conditions for public comment. One of the changes to the regulations zone recognition particular to that Because the State of Michigan has we made in our interim rule was to State’s circumstances. determined that it cannot at this time allow recognition of separate zones with Based on the conditions described effectively carry out its tuberculosis differing tuberculosis risk classifications above, in our November 1, 1999, interim eradication program on the basis of within a State. We defined ‘‘zone’’ to rule, we recognized two zones in split-State tuberculosis status, it is mean a defined geographic land area Michigan. The smaller of the two zones necessary for APHIS to remove such identifiable by geological, political, was classified as nonmodified status from the State to help prevent the accredited because the prevalence of manmade, or surveyed boundaries, with spread of tuberculosis to and among tuberculosis among cattle and bison in mechanisms of disease spread, livestock. that zone exceeded the level allowable Because prior notice and other public epidemiological characteristics, and the for modified accredited status. The procedures with respect to this action ability to control the movement of larger zone, which consisted of most of are impracticable and contrary to the animals across the boundary of the zone Michigan, was classified as accredited public interest under these conditions, taken into account. free. we find good cause under 5 U.S.C. 553 To achieve APHIS recognition of such Because tuberculosis exists in to make this action effective less than 30 zones, the zones and the State in wildlife, particularly cervids, in the days after publication in the Federal question must meet certain smaller zone in Michigan to such an Register. We will consider comments requirements. First, the State must have extent that it poses a significant risk to that are received within 60 days of the legal and financial resources to livestock, the memorandum of publication of this rule in the Federal implement and enforce a tuberculosis understanding between APHIS and the Register. After the comment period eradication program, as well as the State of Michigan included provisions closes, we will publish another infrastructure, laws, and regulations to to address that risk. These provisions document in the Federal Register. The require and ensure that tuberculosis included an agreement by Michigan to document will include a discussion of cases are reported to State and Federal establish three areas of descending risk any comments we receive and any regulatory authorities. Further, the State in the nonmodified accredited zone, amendments we are making to the rule must maintain clinical and with minimum dimensions for the areas as a result of the comments. epidemiological surveillance of animal of greatest risk. Michigan further agreed species at risk of tuberculosis at a rate to enforce certification, testing, and Executive Order 12866 and Regulatory that allows detection of tuberculosis in other surveillance requirements for Flexibility Act the overall population of livestock herds intrastate movement within the This rule has been reviewed under in each zone at a 2 percent prevalence nonmodified accredited zone. Executive Order 12866. For this action, rate (the average prevalence in a herd At the time we published our the Office of Management and Budget containing infected animals) with 95 November 1, 1999, interim rule, the has waived its review process required percent confidence. Additionally, a detection of tuberculosis in Michigan by Executive Order 12866. State seeking APHIS recognition of a was limited to a small enough number This emergency situation makes zone with regard to tuberculosis must of livestock herds and localized groups timely compliance with section 604 of enter into a memorandum of of wildlife that the State had determined the Regulatory Flexibility Act (5 U.S.C. understanding with APHIS in which the it could adequately enforce the 601 et seq.) impracticable. We are State agrees to adhere to any conditions intrastate restrictions in the currently assessing the potential for zone recognition particular to that memorandum of understanding. economic effects of this action on small request. As we stated in the interim However, since November 1999, entities. Based on that assessment, we rule, such a memorandum of Michigan has detected tuberculosis in will either certify that the rule will not understanding is necessary to address wildlife at additional sites involving a have a significant economic impact on epidemiological circumstances greater area of the nonmodified a substantial number of small entities or particular to the State in question. For accredited zone. Due to these additional publish a final regulatory flexibility instance, in a State in which free- detections, Michigan has now analysis. ranging wildlife may be a reservoir of determined that it can carry out its tuberculosis, it may be necessary to tuberculosis control and eradication Executive Order 12372 conduct baseline surveillance among program more effectively with a single This program/activity is listed in the such wildlife; whereas in a State with set of statewide requirements than with Catalog of Federal Domestic Assistance less of a risk of tuberculosis in wildlife, different requirements for two zones under No. 10.025 and is subject to such surveillance may not be necessary. within the State. Therefore, in this Executive Order 12372, which requires

VerDate 112000 16:22 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM pfrm01 PsN: 28JNR1 39782 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations intergovernmental consultation with DEPARTMENT OF AGRICULTURE organizations and individuals who have State and local officials. (See 7 CFR part commented on APHIS dockets, are 3015, subpart V.) Animal and Plant Health Inspection available on the Internet at http:// Service www.aphis.usda.gov/ppd/rad/ Executive Order 12988 webrepor.html. 9 CFR Part 94 This interim rule has been reviewed FOR FURTHER INFORMATION CONTACT: Dr. under Executive Order 12988, Civil [Docket No. 00±038±1] Gary Colgrove, Director, National Center Justice Reform. This rule: (1) Preempts for Import and Export, VS, APHIS, 4700 all State and local laws and regulations Importation of Bovine Parts From River Road Unit 38, Riverdale, MD that are in conflict with this rule; (2) has Argentina 20737–1231; (301) 734–4356. no retroactive effect; and (3) does not AGENCY: Animal and Plant Health SUPPLEMENTARY INFORMATION: require administrative proceedings Inspection Service, USDA. before parties may file suit in court Background ACTION: Interim rule and request for challenging this rule. comments. The regulations in 9 CFR part 94 Paperwork Reduction Act (referred to below as the regulations) SUMMARY: We are amending the prohibit or restrict the importation of This rule contains no information regulations governing the importation of certain animals and animal products collection or recordkeeping certain animals, meat, and other animal into the United States to prevent the requirements under the Paperwork products by prohibiting the importation introduction of various animal diseases, Reduction Act of 1995 (44 U.S.C. 3501 from Argentina of any bovine parts that including rinderpest, foot-and-mouth et seq.). are not, by standard practice, part of a disease (FMD), African swine fever, hog bovine carcass that is placed in a chiller cholera, and swine vesicular disease. List of Subjects in 9 CFR Part 77 for maturation after slaughter. Items These are dangerous and destructive prohibited from importation include all communicable diseases of ruminants Animal diseases, Bison, Cattle, parts of bovine heads, feet, hooves, and and swine. Section 94.21 of the Incorporation by reference, Reporting internal organs. Additionally, we are regulations allows the importation of and recordkeeping requirements, requiring that bovines slaughtered for fresh (chilled or frozen) beef from Transportation, Tuberculosis. the export of fresh beef from Argentina Argentina, but only under certain Accordingly, we are amending 9 CFR to the United States undergo ante- and conditions, because fresh beef from part 77 as follows: post-mortem inspections for signs of Argentina that does not meet the foot-and-mouth disease and that required conditions would present an PART 77ÐTUBERCULOSIS representatives of the Animal and Plant unacceptable risk of introducing FMD Health Inspection Service be allowed into the United States. 1. The authority citation for part 77 access to the establishments where the Maturation Process continues to read as follows: bovines are slaughtered. We are also clarifying some provisions of the Authority: 21 U.S.C. 111, 114, 114a, 115– Among the conditions for the regulations. We are taking these actions importation of fresh beef from Argentina 117, 120, 121, 134b, and 134f; 7 CFR 2.22, as emergency measures to protect the 2.80, and 371.2(d). is the requirement in § 94.21(k) of this livestock of the United States from foot- interim rule (designated as § 94.21(h) 2. Section 77.3 is amended by revising and-mouth disease. prior to this interim rule) that the meat paragraph (b) to read as follows: DATES: This interim rule is effective come from bovine carcasses that have June 28, 2000. We invite you to been allowed to maturate at 40 to 50 °F § 77.3 Accredited-free States or zones. comment on this docket. We will (4 to 10 °C) for a minimum of 36 hours * * * * * consider all comments that we receive after slaughter and that have reached a by August 28, 2000. pH of 5.8 or less in the loin muscle at (b) The following are accredited-free the end of the maturation period. This zones: None. ADDRESSES: Please send your comment and three copies to: Docket No. 00–038– provision goes on to state that if the * * * * * 1, Regulatory Analysis and meat does not meet this pH level after 3. Section 77.5 is amended by revising Development, PPD, APHIS, Suite 3C03, 60 hours, it may not be exported to the paragraphs (a) and (b) to read as follows: 4700 River Road, Unit 118, Riverdale, United States. This requirement is based MD 20737–1238. on the fact that the FMD virus in meat § 77.5 Nonmodified accredited States or Please state that your comment refers is inactivated by acidification, which zones. to Docket No. 00–038–1. occurs naturally during maturation. An acid environment of a pH of 5.8 or less (a) The following are nonmodified You may read any comments that we destroys the virus quickly. accredited States: Michigan. receive on this docket in our reading room. The reading room is located in Section 94.21, paragraph (i), of this (b) The following are nonmodified room 1141 of the USDA South Building, interim rule (designated as § 94.21(i) accredited zones: None. 14th Street and Independence Avenue, prior to this interim rule) provides that * * * * * SW., Washington, DC. Normal reading beef from Argentina may not be room hours are 8 a.m. to 4:30 p.m., exported to the United States unless all Done in Washington, DC, this 22nd day of June 2000. Monday through Friday, except bone, blood clots, and lymphoid tissue holidays. To be sure someone is there to have been removed from the meat. The Bobby R. Acord, help you, please call (202) 690–2817 removal of these parts is necessary Acting Administrator, Animal and Plant before coming. because any FMD virus these parts Health Inspection Service. APHIS documents published in the might potentially harbor may not be [FR Doc. 00–16315 Filed 6–27–00; 8:45 am] Federal Register, and related inactivated by the maturation process BILLING CODE 3410±34±P information, including the names of described above.

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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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It require administrative proceedings of origin to the slaughtering additionally requires ante- and post- before parties may file suit in court establishment without any contact with mortem inspections of animals from challenging this rule. other animals. which fresh beef intended for (g) The meat came from bovines that Paperwork Reduction Act importation into the United States received ante-mortem and post-mortem comes, requires that APHIS This interim rule contains no veterinary inspections at the representatives be allowed access to information collection or recordkeeping slaughtering establishment, with no slaughtering establishments for periodic requirements under the Paperwork evidence found of foot-and-mouth inspections, and clarifies certain Reduction Act of 1995 (44 U.S.C. 3501 disease. provisions of the regulations. et seq.). (h) The beef consists only of bovine List of Subjects in 9 CFR Part 94 parts that are, by standard practice, part Bovine Parts of the animal’s carcass that is placed in There are many byproducts of beef Animal diseases, Imports, Livestock, a chiller for maturation after slaughter. production, including hide, hooves, Meat and meat products, Milk, Poultry Bovine parts that may not be imported tallow, blood meal, bone meal, head and poultry products, Reporting and include all parts of bovine heads, feet, meat, tongue, lungs, tripe, and other recordkeeping requirements. hooves, and internal organs. organs. Parts used as food can be Accordingly, we are amending 9 CFR (i) All bone and visually identifiable collectively termed edible offal. Exports part 94 as follows: blood clots and lymphoid tissue have of edible offal from the United States are been removed from the meat. over 10 times greater than U.S. imports PART 94ÐRINDERPEST, FOOT-AND- (j) The meat has not been in contact of these products. This position as a MOUTH DISEASE, FOWL PEST (FOWL with meat from regions other than those strong net exporter reflects a domestic PLAGUE), EXOTIC NEWCASTLE listed in § 94.1(a)(2). market in which prices are affected DISEASE, AFRICAN SWINE FEVER, (k) The meat came from bovine minimally, if at all, by the limited U.S. HOG CHOLERA, AND BOVINE carcasses that were allowed to maturate SPONGIFORM ENCEPHALOPATHY: demand for imports. Canada, Australia, at 40 to 50 § F (4 to 10 § C) for a PROHIBITED AND RESTRICTED and New Zealand are the major foreign minimum of 36 hours after slaughter IMPORTATIONS sources of edible offal for the United and that reached a pH of 5.8 or less in States, supplying more than 95 percent 1. The authority citation for part 94 the loin muscle at the end of the of the products imported. continues to read as follows: maturation period. Any carcass in Edible offal imports from Argentina in which the pH does not reach 5.8 or less Authority: 7 U.S.C. 147a, 150ee, 161, 162, 1998 and 1999, the only years for which and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, may be allowed to maturate an such imports are recorded, are relatively 134a, 134b, 134c, 134f, 136, and 136a; 31 additional 24 hours and be retested, small. They totaled 13.8 metric tons and U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR and, if the carcass still does not reach 460.2 metric tons, respectively, and had 2.22, 2.80, and 371.2(d). a pH of 5.8 or less after 60 hours, the values of $41,000 and $1,052,000. meat from the carcass may not be 2. Section 94.21 is revised to read as Although the amount and value of the exported to the United States. follows: importations for 1999 show significant (l) An authorized official of Argentina increases over 1998, they represent only § 94.21 Restrictions on importation of beef certifies on the foreign meat inspection 1.3 percent of U.S. edible offal imports. from Argentina. certificate that the above conditions have been met. Entities Affected Notwithstanding any other provisions of this part, fresh (chilled or frozen) beef (m) The establishment in which the The entities in the United States most from Argentina may be exported to the bovines are slaughtered allows periodic likely to be directly affected by this rule United States under the following APHIS inspection of its facilities, are meatpacking plants that import conditions: records, and operations. edible offal from Argentina. While there (a) The meat is beef from bovines that Done in Washington, DC, this 22nd day of may be small entities affected by this have been born, raised, and slaughtered June 2000. rule, their number is not known. in Argentina. Bobby R. Acord, However, because edible offal imports (b) Foot-and-mouth disease has not Acting Administrator, Animal and Plant from Argentina constitute a very small been diagnosed in Argentina within the Health Inspection Service. fraction of edible offal imports overall, previous 12 months. [FR Doc. 00–16314 Filed 6–27–00; 8:45 am] and because U.S. imports of these (c) The meat came from bovines that BILLING CODE 3410±34±P products represent less than 10 percent originated from premises where foot- of U.S. exports of such products, the and-mouth disease and rinderpest have effects of this rule on all entities, large not been present during the lifetime of DEPARTMENT OF ENERGY or small, is expected to be insignificant. any bovines slaughtered for the export Under these circumstances, the of meat to the United States. Office of Energy Efficiency and Administrator of the Animal and Plant (d) The meat came from bovines that Renewable Energy Health Inspection Service has originated from premises on which determined that this action will not ruminants and swine had not been 10 CFR Part 436 have a significant impact on a vaccinated with modified or attenuated substantial number of small entities. live viruses for foot-and-mouth disease RIN 1904±AB07 at any time during the lifetime of the Executive Order 12988 Energy Savings Performance bovines slaughtered for export of meat Contracting; Technical Amendments This rule has been reviewed under to the United States. Executive Order 12988, Civil Justice (e) The meat came from bovines that AGENCY: Department of Energy. Reform. This rule: (1) Preempts all State have never been vaccinated for ACTION: Final rule. and local laws and regulations that are rinderpest. inconsistent with this rule; (2) has no (f) The meat came from bovines that SUMMARY: The Department of Energy retroactive effect; and (3) does not were moved directly from the premises (DOE) is amending the sunset provision

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In addition, DOE is Accordingly, no clearance by the Office updating references to certain Federal With respect to the review of existing of Management and Budget is required Acquisition Regulation (FAR) regulations and the promulgation of under the Paperwork Reduction Act (44 provisions in a section of these new regulations, section 3(a) of U.S.C. 3501 et seq.). regulations that deals with unsolicited energy savings performance contract Executive Order 12988, ‘‘Civil Justice E. Review Under the National proposals. Reform’’ (61 FR 4729, February 7, 1996) Environmental Policy Act imposes on Executive agencies the EFFECTIVE DATE: The final rule is DOE has concluded that promulgation general duty to adhere to the following of this rule falls into a class of actions effective on June 28, 2000. requirements: (1) Eliminate drafting FOR FURTHER INFORMATION CONTACT: that would not individually or errors and ambiguity; (2) write cumulatively have a significant impact Tatiana Strajnic Muessel, Office of regulations to minimize litigation; and Federal Energy Management Programs, on the human environment, as (3) provide a clear legal standard for EE–90, 1000 Independence Ave., S.W., determined by DOE’s regulations affected conduct rather than a general Washington, DC 20585; telephone: 202– implementing the National 586–9230. standard and promote simplification Environmental Policy Act of 1969 (42 and burden reduction. With regard to U.S.C. 4321 et seq.). Specifically, this SUPPLEMENTARY INFORMATION: the review required by section 3(a), rule is covered under the Categorical I. Explanation of Technical section 3(b) of Executive Order 12988 Exclusion in paragraph A5 to subpart D, Amendments specifically requires that Executive 10 CFR part 1021, which covers When first enacted, section 801(c) of agencies make every reasonable effort to rulemakings that interpret or amend an the National Energy Conservation Policy ensure that the regulation: (1) Clearly existing regulation without changing the Act provided that the authority to enter specifies the preemptive effect, if any; environmental effect of the regulation. into new energy savings performance (2) clearly specifies any effect on Accordingly, neither an environmental contracts under that Act ‘‘shall cease to existing federal law or regulation; (3) assessment nor an environmental be effective five years after the date provides a clear legal standard for impact statement is required. procedures and methods are established affected conduct while promoting F. Review under Executive Order 13132 under subsection (b)’’ (42 U.S.C. simplification and burden reduction; (4) 8287(c)). DOE incorporated this sunset Executive Order 13132 (64 FR 43255, specifies the retroactive effect, if any; (5) August 10, 1999) requires agencies to provision in regulations it promulgated adequately defines key terms; and (6) on April 10, 1995 (60 FR 18334), and develop an accountable process to addresses other important issues ensure meaningful and timely input by codified in Subpart B of 10 CFR Part affecting clarity and general 436. Thus, under the original provision, State and local officials in the draftsmanship under any guidelines development of regulatory policies that the authority of Federal agencies to issued by the Attorney General. Section have federalism implications. ‘‘Policies award energy savings performance 3(c) of Executive Order 12988 requires that have federalism implications’’ is contracts expired on April 10, 2000. In the Energy Conservation Executive agencies to review regulations defined in the Executive Order to Reauthorization Act of 1998, Public Law in light of applicable standards in include regulations that have 105–388, Congress amended the sunset section 3(a) and section 3(b) to ‘‘substantial direct effects on the States, provision relating to energy savings determine whether they are met or it is on the relationship between the national performance contracts (42 U.S.C. unreasonable to meet one or more of government and the States, or on the distribution of power and 8287(c)) to provide that the authority to them. DOE has completed the required responsibilities among the various enter into new energy savings review and determined that, to the levels of government.’’ DOE has performance contracts ceases to be extent permitted by law, this final rule examined today’s rule and has effective on October 1, 2003. DOE is meets the relevant standards of determined that it does not have a promulgating a technical amendment to Executive Order 12988. substantial direct effect on the States, on 10 CFR 436.30(a) to incorporate the new the relationship between the national statutory sunset date in its regulations. C. Review Under the Regulatory Today’s rule also revises 10 CFR Flexibility Act government and the States, or on the distribution of power and 436.33(b)(1) to update the references to The Regulatory Flexibility Act (5 responsibilities among the various the FAR in that paragraph, which relates U.S.C. 601 et seq.) requires preparation levels of government. No further action to DOE’s consideration of unsolicited of an initial regulatory flexibility is required by Executive Order 13132. proposals for energy savings performance contracts. analysis for any rule that by law must G. Review Under the Unfunded be proposed for public comment, unless Mandates Reform Act of 1995 II. Regulatory and Procedural the agency certifies that the rule, if Requirements promulgated, will not have a significant Title II of the Unfunded Mandates economic impact on a substantial Reform Act of 1995 (Pub. L. 104–4) A. Review Under Executive Order 12866 requires each federal agency to prepare number of small entities. Because DOE DOE determined that today’s a written assessment of the effects of is not required by the Administrative regulatory action is not ‘‘a significant any federal mandate in a proposed or regulatory action’’ under Executive Procedure Act (5 U.S.C. 553) or any final rule that may result in the Order 12866, ‘‘Regulatory Planning and other law to propose this technical expenditure by state, local, and tribal Review’’ (58 FR 51735, October 4, 1993). amendment for public comment, DOE governments, in the aggregate, or by the Accordingly, this action was not subject did not prepare a regulatory flexibility private sector, of $100 million in any to review under that Executive Order by analysis for this rule. one year. The Act also requires a federal

VerDate 112000 16:22 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM pfrm01 PsN: 28JNR1 39786 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations agency to develop an effective process text of any financing agreement implemented by the Director. Changes to permit timely input by elected (including a lease-acquisition) without in the Agency’s structure consist of the officers of state, local, and tribal regard to the requirements of 48 CFR establishment of the ‘‘Office of governments on a proposed ‘‘significant 15.602 and 15.602–2(a)(1); 48 CFR Information Technology’’ and the intergovernmental mandate,’’ and it 15.603; and 48 CFR 15.607(a), (a)(2), ‘‘Office of Strategic Planning and requires an agency to develop a plan for (a)(3), (a)(4) and (a)(5). Management’’. giving notice and opportunity for timely * * * * * The function of the ‘‘Office of input to potentially affected small [FR Doc. 00–16298 Filed 6–27–00; 8:45 am] Information Technology’’ is to plan, governments before establishing any BILLING CODE 6450±01±P develop, secure, maintain, and assure requirement that might significantly or the quality of OFHEO information uniquely affect them. This final rule systems and records management does not contain any federal mandate, functions. The functions of the ‘‘Office DEPARTMENT OF HOUSING AND so these requirements do not apply. of Strategic Planning and URBAN DEVELOPMENT H. Congressional Notification Management’’are to assist the Director in developing and maintaining a long- As required by 5 U.S.C. 801, DOE will Office of Federal Housing Enterprise Oversight term strategic plan that is consistent submit to Congress a report regarding with the mission of OFHEO, and to the issuance of today’s final rule prior 12 CFR Part 1700 facilitate efforts to ensure that agency to the effective date set forth at the activities and operations are consistent outset of this notice. The report will RIN 2550±AA10 with its strategic plan. This office also state that it has been determined that is responsible for leading the the rule is not a ‘‘major rule’’ as defined Organization and Functions development of OFHEO’s Annual by 5 U.S.C. 801(2). AGENCY: Office of Federal Housing Performance Plans and Annual List of Subjects in 10 CFR Part 436 Enterprise Oversight, HUD. Performance Reports. Energy, Government contracts. ACTION: Final rule. Functional changes made by the Issued in Washington, DC, on June 21, Director to existing OFHEO offices are 2000. SUMMARY: The Office of Federal Housing reflected in the offices’ new titles. The Dan W. Reicher Enterprise Oversight (OFHEO) is ‘‘Office of Research, Analysis and revising its regulations that describe the Capital Standards’’ has been renamed Assistant Secretary, Energy Efficiency and Renewable Energy. Agency’s organization and functions. the ‘‘Office of Risk Analysis and Model The revisions reflect changes in the Development’’. This new title indicates For the reasons set out in the organizational structure of the Agency that this office’s principal functions are preamble, DOE amends part 436 of and the functional responsibilities of its to develop and apply econometric, Chapter II, Title 10 of the Code of offices. The revisions include a financial, and accounting models to Federal Regulations, as follows: summary of two new offices and a evaluate the credit and interest rate risks PART 436ÐFEDERAL ENERGY reference to the location of OFHEO’s of Freddie Mac and Fannie Mae MANAGEMENT AND PLANNING website. (collectively, the ‘‘Enterprises’’), and to PROGRAMS [AMENDED] In promulgating this rule, OFHEO undertake related research and analyses. finds that notice and public comment Notably, this office has developed and 1. The authority citation for Part 436 are not necessary. Section 553(b)(3)(A) continues to maintain and enhance the continues to read as follows: of Title 5, United States Code, provides set of models used for stress tests of the Authority: 42 U.S.C. 6361; 42 U.S.C. 8251– that when regulations involve matters of Enterprises, including the stress test to 8263; 42 U.S.C. 8287–8287(c). agency organization, procedure or determine risk-based capital 2. Section 436.30 in Subpart B, is practice, the Agency may publish requirements, as required by OFHEO’s amended in paragraph (a) by revising regulations in final form. In addition, enabling statute.1 In addition to risk the first sentence to read as follows: OFHEO finds, in accordance with 5 analysis and model development, this U.S.C. 553(d), that a delayed effective office has ongoing responsibility for § 436.30 Purpose and scope. date is unnecessary. Accordingly, these determining the capital classifications of (a) General. This subpart provides regulations are effective upon the Enterprises in order to ensure their procedures and methods which apply to publication. capital adequacy. Federal agencies with regard to the EFFECTIVE DATE: The final rule is Moreover, the ‘‘Office of the Chief award and administration of energy effective June 28, 2000. Economist’’ has been renamed the savings performance contracts awarded ‘‘Office of Policy Analysis and on or before September 30, 2003. * * * FOR FURTHER INFORMATION CONTACT: Christine C. Dion, Associate General Research’’. The name change reflects * * * * * Counsel, telephone (202) 414–3838 (not that the office’s primary function is 3. Section 436.33 in Subpart B is a toll-free number), Office of Federal conducting research and policy analysis amended by revising paragraph (b)(1) to Housing Enterprise Oversight, Fourth to assess and project the short- and long- read as follows: Floor, 1700 G Street, NW., Washington, term impact of issues and trends in DC 20552. The telephone number for housing finance. In addition to § 436.33 Procedures and methods for performing research and analyses, this contractor selection. the Telecommunications Device for the Deaf is (800) 877–8339. office is responsible for developing * * * * * policy options and making (b) * * * SUPPLEMENTARY INFORMATION: recommendations on a broad range of (1) Consider unsolicited energy savings performance contract proposals Discussion of the Final Regulation 1 Federal Housing Enterprises Financial Safety from firms on a qualified contractor list This final rule informs the public and Soundness Act of 1992, Title XIII, Pub. L. 102– under this subpart which include about structural and functional changes 550, 106 Stat. 3941 et seq. (Oct. 29, 1992), section technical and price proposals and the within OFHEO that were recently 1361.

VerDate 112000 16:22 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM pfrm01 PsN: 28JNR1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations 39787 issues relevant to OFHEO’s regulatory the impact of this final rule under the responsible for off-site financial safety oversight. Regulatory Flexibility Act. The General and soundness monitoring. Although its functions have not Counsel certifies that this final rule will (2) Office of Risk Analysis and Model changed, the ‘‘Office of Congressional not have a significant economic impact Development. The Office of Risk and Public Affairs’’ has been renamed on a substantial number of small Analysis and Model Development the ‘‘Office of External Relations’’ to business entities. develops and applies econometric, represent its broader external financial and accounting models to Paperwork Reduction Act responsibilities, including the evaluate the credit and interest rate risks coordination and communication with This final rule does not contain any of the Enterprises, and undertakes other Congress, the news media and the information collection requirements that related research and analyses. This public. The head of the office, the require the approval of the Office of office has developed and continues to Associate Director for External Management and Budget under the maintain and enhance the set of models Relations, continues to serve as Paperwork Reduction Act (44 U.S.C. used for stress tests of the Enterprises, spokesperson for OFHEO. 3501 et seq.). including the stress test to determine The ‘‘Office of the General Counsel’’ Unfunded Mandates Reform Act of 1995 risk-based capital requirements, as is not included in this rule because its required by the Act. This office is functions and name have not changed. This final rule does not require the responsible for applying minimum and The ‘‘Office of Examination Oversight’’ preparation of an assessment statement risk-based capital requirements in and the ‘‘Office of Finance and in accordance with the Unfunded determining the capital classifications of Administration’’ are included in order Mandates Reform Act of 1995, 2 U.S.C. the Enterprises in order to ensure their to provide more detail about their 1531. Assessment statements are not capital adequacy. functions. required for regulations that incorporate (3) Office of Finance and This rule also references OFHEO’s requirements specifically set forth in Administration. The Office of Finance website where, among other things, the law. As explained in the preamble, this and Administration provides support public may learn about the Agency. To rule implements specific statutory services in all areas of financial and that end, OFHEO’s website includes an requirements. In addition, this rule does administrative management of OFHEO. organizational chart, which reflects the not include a Federal mandate that may This office is responsible for Agency’s structure noted in this rule. result in the expenditure by State, local, developing, managing and and tribal governments, in the aggregate, Regulatory Impact implementing agency policies and or by the private sector, of $100 million procedures governing: (i) All human Executive Order 12866, Regulatory or more (adjusted annually for inflation) resources functions, including payroll; Planning and Review in any one year. (ii) Support for all facility and supply This final rule is not classified as a List of Subjects in 12 CFR Part 1700 requirements; (iii) Agency contracting significant rule under Executive Order and procurement programs; and (iv) Organization and functions 12866 because it will not result in: (1) Agency financial management, (Government agencies). An annual effect on the economy of budgeting and accounting functions, $100 million or more; (2) a major For the reasons stated in the including travel, internal controls and increase in costs or prices for preamble, OFHEO is amending 12 CFR financial reporting. consumers, individual industries, part 1700 as follows: * * * * * Federal, State, or local government (5) Office of External Relations. The PART 1700ÐORGANIZATION AND agencies, or geographic regions; or (3) Office of External Relations is FUNCTIONS significant adverse effects on responsible for coordinating and competition, employment, investment, 1. The authority citation for part 1700 communicating on behalf of OFHEO productivity, innovation, or on the continues to read as follows: with the Congress, for monitoring ability of United States-based relevant legislative developments, and Authority: 5 U.S.C. 552; 12 U.S.C. 4513, for analyzing and assisting the Director enterprises to compete with foreign- 4526. based enterprises in domestic or foreign in developing legislative proposals. This markets. Accordingly, no regulatory 2. Section 1700.2 is amended by: office also is responsible for directing impact assessment is required and this A. Revising paragraphs (c)(1), (c)(2), and coordinating communication with final rule has not been submitted to the (c)(3), (c)(5) and (c)(6); the news media and the public. The Office of Management and Budget for B. Adding paragraphs (c)(7) and (c)(8); Associate Director for Public Affairs review. and serves as spokesperson for OFHEO. C. Revising paragraph (d). (6) Office of Policy Analysis and Regulatory Flexibility Act Research. The Office of Policy Analysis The Regulatory Flexibility Act (5 § 1700.2 Organization of the Office of and Research conducts research and U.S.C. 601 et seq.) requires that a rule Federal Housing Enterprise Oversight. policy analysis to assess and project the that has a significant economic impact * * * * * short- and long-term impact of issues on a substantial number of small (c) Offices and functions. (1) Office of and trends in housing finance on entities, small businesses, or small Examination and Oversight. The Office OFHEO’s regulatory and supervisory organizations must include an initial of Examination and Oversight plans and responsibilities. This office also regulatory flexibility analysis describing conducts examinations of the develops policy options and makes the regulation’s impact on small Enterprises, as required by the Act, recommendations to the Director on a entities. Such an analysis need not be prepares and issues reports of broad range of issues. undertaken if the Agency has certified examination summarizing the financial (7) Office of Information Technology. that the regulation will not have a condition and management practices of The Office of Information Technology significant economic impact on a each Enterprise, and recommends plans, develops, secures, maintains, and substantial number of small entities. 5 corrective and preventative actions as assures the quality of the OFHEO U.S.C. 605(b). OFHEO has considered appropriate. This office also is information systems and records

VerDate 112000 16:22 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM pfrm01 PsN: 28JNR1 39788 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations management functions. This office is of the backup generators; and, for 68618, December 8, 1999), applicable to responsible for establishing and certain airplanes, a one-time inspection all Boeing Model 777–200 and –300 implementing policies, procedures and to detect damage of the engine external series airplanes, to require revising the standards in the following areas: gearbox; and corrective actions, if Limitations Section of the Airplane information systems development and necessary. This amendment continues Flight Manual to prohibit the dispatch procurement, office automation, records the AFM and inspection requirements of certain airplanes under certain management, information systems and expands certain corrective action conditions. That AD also requires security and other information requirements. This amendment is repetitive inspections to ensure correct technology-related services. prompted by reports of inflight operation of the backup generators; and, (8) Office of Strategic Planning and shutdowns due to sheared backup for certain airplanes, a one-time Management. The Office of Strategic generator shafts. The actions specified inspection to detect damage of the Planning and Management assists the in this AD are intended to prohibit the engine external gearbox; and corrective Director in developing and maintaining dispatch of an airplane with an engine- actions, if necessary. a long term strategic plan that is mounted backup generator having a A correction of the final rule was consistent with the mission of OFHEO sheared shaft; and to detect and correct published in the Federal Register on and facilitates efforts to ensure that the damage to the engine, which could December 22, 1999 (64 FR 71635, activities and operations of the Agency result in inflight shutdowns. December 23, 1999). That AD (AD 99– are consistent with the strategic plan. DATES: Effective July 13, 2000. 25–13 C1, amendment 39–11456) This office also is responsible for The incorporation by reference of corrects incorrect paragraph references leading the development of OFHEO’s certain publications, as listed in the in AD 99–25–13. That action was Annual Performance Plans and Annual regulations, was approved previously by prompted by reports of inflight Performance Reports. the Director of the Federal Register as of shutdowns due to sheared backup (d) Additional information. Current December 23, 1999 (64 FR 68618, generator shafts. The actions required by information on the organization of December 8, 1999). the correction AD are intended to OFHEO may be obtained by mail from Comments for inclusion in the Rules prohibit the dispatch of an airplane with the Office of External Affairs, 1700 G Docket must be received on or before an engine-mounted backup generator Street NW, 4th Floor, Washington, DC August 28, 2000. having a sheared shaft; and to detect 20552. Such information, as well as ADDRESSES: Submit comments in and correct damage to the engine, which other OFHEO information, also may be triplicate to the Federal Aviation could result in inflight shutdowns. obtained electronically by accessing Administration (FAA), Transport Actions Since Issuance of Previous Rule OFHEO’s website located at Airplane Directorate, ANM–114, Since the issuance of AD 99–25–13 ‘‘www.OFHEO.gov’’. Attention: Rules Docket No. 2000–NM– C1, the FAA has received questions 108–AD, 1601 Lind Avenue, SW., Dated: June 22, 2000. from an operator regarding the following Renton, Washington 98055–4056. Armando Falcon, Jr., corrective action procedures: Director, Office of Federal Housing Enterprise Comments may be inspected at this • Boeing Service Letter 777–SL–24– Oversight. location between 9 a.m. and 3 p.m., 023–B, dated August 16, 1999, specifies [FR Doc. 00–16287 Filed 6–27–00; 8:45 am] Monday through Friday, except Federal accomplishment of the applicable holidays. Comments may also be sent BILLING CODE 4226±01±U actions specified in both Steps 2.a.(1) via the Internet using the following and 2.a.(2) of that service letter. address: [email protected]. However, paragraph (d)(1)(ii) in that AD DEPARTMENT OF TRANSPORTATION Comments sent via the Internet must requires the accomplishment of either contain ‘‘Docket No. 2000–NM–108– Steps 2.a.(1) or 2.a.(2), as applicable. Federal Aviation Administration AD’’ in the subject line and need not be • Boeing Service Letter 777–SL–24– submitted in triplicate. Comments sent 024, dated August 16, 1999, specifies 14 CFR Part 39 via the Internet as attached electronic accomplishment of the applicable files must be formatted in Microsoft actions specified in both Steps 1.a.(1) [Docket No. 2000±NM±108±AD; Amendment Word 97 for Windows or ASCII text. 39±11803; AD 2000±13±04] and 1.a.(2) of that service letter. The service information referenced in However, paragraph (d)(2) in that AD RIN 2120±AA64 this AD may be obtained from Boeing requires the accomplishment of either Commercial Airplane Group, P.O. Box Steps 1.a.(1) or 1.a.(2), as applicable. Airworthiness Directives; Boeing 3707, Seattle, Washington 98124–2207. In response to the operator’s Model 777±200 and ±300 Series This information may be examined at questions, the FAA has determined that Airplanes the FAA, Transport Airplane it is necessary to require the Directorate, 1601 Lind Avenue, SW., AGENCY: Federal Aviation accomplishment of both of the Renton, Washington; or at the Office of Administration, DOT. applicable corrective actions specified the Federal Register, 800 North Capitol ACTION: in paragraph (d)(1)(ii) in that AD [cited Final rule; request for Street, NW., suite 700, Washington, DC. comments. as paragraph (f)(1)(ii) in this AD] for FOR FURTHER INFORMATION CONTACT: Ed airplanes equipped with certain Rolls- SUMMARY: This amendment supersedes Hormel, Aerospace Engineer, Royce engines, and both of the an existing airworthiness directive (AD), Propulsion Branch, ANM–140S, FAA, applicable corrective actions specified applicable to all Boeing Model 777–200 Transport Airplane Directorate, Seattle in paragraph (d)(2) in that AD [cited as and –300 series airplanes, that currently Aircraft Certification Office, 1601 Lind paragraph (f)(2) of this AD] for airplanes requires revising the Limitations Section Avenue, SW., Renton, Washington equipped with certain General Electric of the Airplane Flight Manual (AFM) to 98055–4056; telephone (425) 227–2681; engines. prohibit the dispatch of certain fax (425) 227–1181. In addition, paragraphs (d)(1)(ii) and airplanes under certain conditions. That SUPPLEMENTARY INFORMATION: On (d)(2) in that AD should have specified amendment also requires repetitive November 30, 1999, the FAA issued AD that the corrective actions required by inspections to ensure correct operation 99–25–13, amendment 39–11456 (64 FR those paragraphs are specified in certain

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The authority citation for part 39 Pratt & Whitney engines. Other continues to read as follows: paragraphs of this AD also have been environmental, and energy aspects of reformatted. the rule that might suggest a need to Authority: 49 U.S.C. 106(g), 40113, 44701. modify the rule. All comments § 39.13 [Amended] Explanation of Requirements of Rule submitted will be available, both before Since an unsafe condition has been and after the closing date for comments, 2. Section 39.13 is amended by identified that is likely to exist or in the Rules Docket for examination by removing amendment 39–11456 (64 FR develop on other airplanes of this same interested persons. A report that 71635, December 23, 1999), and by type design, this AD supersedes AD 99– summarizes each FAA-public contact adding a new airworthiness directive 25–13 C1 to continue to require revising concerned with the substance of this AD (AD), amendment 39–11803, to read as the Limitations Section of the Airplane will be filed in the Rules Docket. follows: Flight Manual to prohibit the dispatch Commenters wishing the FAA to 2000–13–04 Boeing: Amendment 39–11803. of certain airplanes under certain acknowledge receipt of their comments Docket 2000-NM–108-AD. Supersedes conditions; repetitive inspections to submitted in response to this rule must AD 99–25–13 C1, Amendment 39–11456. ensure correct operation of the backup submit a self-addressed, stamped Applicability: Model 777–200 and –300 generators; and, for certain airplanes, a postcard on which the following series airplanes equipped with Rolls-Royce one-time inspection to detect damage of statement is made: ‘‘Comments to Trent 800, General Electric GE90, or Pratt & the engine external gearbox; and Docket Number 2000–NM–108–AD.’’ Whitney PW4000 series turbofan engines; certificated in any category. corrective actions, if necessary. This The postcard will be date stamped and amendment also expands the returned to the commenter. Note 1: This AD applies to each airplane identified in the preceding applicability requirements for certain corrective Regulatory Impact provision, regardless of whether it has been actions. modified, altered, or repaired in the area The regulations adopted herein will Determination of Rule’s Effective Date subject to the requirements of this AD. For not have a substantial direct effect on airplanes that have been modified, altered, or Since a situation exists that requires the States, on the relationship between repaired so that the performance of the the immediate adoption of this the national Government and the States, requirements of this AD is affected, the regulation, it is found that notice and or on the distribution of power and owner/operator must request approval for an opportunity for prior public comment responsibilities among the various alternative method of compliance in hereon are impracticable, and that good levels of government. Therefore, it is accordance with paragraph (h) of this AD. cause exists for making this amendment determined that this final rule does not The request should include an assessment of the effect of the modification, alteration, or effective in less than 30 days. have federalism implications under repair on the unsafe condition addressed by Executive Order 13132. Comments Invited this AD; and, if the unsafe condition has not The FAA has determined that this been eliminated, the request should include Although this action is in the form of regulation is an emergency regulation specific proposed actions to address it. a final rule that involves requirements that must be issued immediately to Compliance: Required as indicated, unless affecting flight safety and, thus, was not correct an unsafe condition in aircraft, accomplished previously. preceded by notice and an opportunity and that it is not a ‘‘significant To prohibit dispatch of an airplane with an for public comment, comments are regulatory action’’ under Executive engine-mounted backup generator having a invited on this rule. Interested persons Order 12866. It has been determined sheared shaft; and to detect and correct are invited to comment on this rule by further that this action involves an damage to the engine, which could result in submitting such written data, views, or emergency regulation under DOT inflight shutdowns; accomplish the following: arguments as they may desire. Regulatory Policies and Procedures (44 Communications shall identify the FR 11034, February 26, 1979). If it is Restatement of Requirements of AD 99–25– Rules Docket number and be submitted determined that this emergency 13 C1 in triplicate to the address specified regulation otherwise would be Revisions to the Airplane Flight Manual under the caption ADDRESSES. All significant under DOT Regulatory (a) For all airplanes: Within 14 days after communications received on or before Policies and Procedures, a final December 23, 1999 (the effective date of AD the closing date for comments will be regulatory evaluation will be prepared 99–25–13 C1, amendment 39–11456), revise considered, and this rule may be and placed in the Rules Docket. the Limitations Section of the FAA-approved amended in light of the comments A copy of it, if filed, may be obtained Airplane Flight Manual (AFM) to include the received. Factual information that from the Rules Docket at the location following information. This may be supports the commenter’s ideas and provided under the caption ADDRESSES. accomplished by inserting a copy of this AD suggestions is extremely helpful in in the AFM. List of Subjects in 14 CFR Part 39 evaluating the effectiveness of the AD Dispatch of the airplane with an engine- action and determining whether Air transportation, Aircraft, Aviation mounted backup generator having a sheared shaft is prohibited. additional rulemaking action would be safety, Incorporation by reference, Safety. Following replacement of the backup needed. generator on both the left and right engines, Submit comments using the following Adoption of the Amendment extended twin-engine operations (ETOPS) format: flight is prohibited until a non-ETOPS flight • Organize comments issue-by-issue. Accordingly, pursuant to the of at least one hour in duration is For example, discuss a request to authority delegated to me by the accomplished.

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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 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

VerDate 112000 16:22 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM pfrm01 PsN: 28JNR1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations 39793 creates controlled airspace for Wadena under the criteria of the Regulatory Airport, MN. is Municipal Airport. Flexibility Act. served by Federal Aviation Regulations Part 135 (14 CFR Part 135) air carrier EFFECTIVE DATE: 0901 UTC, October 5, List of Subjects in 14 CFR Part 71 2000. operations. Controlled airspace Airspace, Incorporation by reference, extending upward from the surface is FOR FURTHER INFORMATION CONTACT: Navigation (air). needed to contain aircraft executing Denis C. Burke, Air Traffic Division, instrument flight procedures and Airspace Branch, AGL–520, Federal Adoption of the Amendment provide a safer operating environment Aviation Administration, 2300 East In consideration of the foregoing, the when the control tower is closed. The Devon Avenue, Des Plaines, Illinois Federal Aviation Administration airport meets the minimum 60018, telephone (847) 294–7568. amends 14 CFR part 71 as follows: communications and weather SUPPLEMENTARY INFORMATION: PART 71ÐDESIGNATION OF CLASS A, observation and reporting requirements History CLASS B, CLASS C, CLASS D, AND for controlled airspace extending On Wednesday, April 12, 2000, the CLASS E AIRSPACE AREAS; upward from the surface. This action FAA proposed to amend 14 CFR part 71 AIRWAYS; ROUTES; AND REPORTING creates controlled airspace with a 4.0- to establish Class E airspace at Wadena, POINTS mile radius for this report. MN (65 FR 19699). The proposal was to EFFECTIVE DATE: 0901 UTC, October 5, add controlled airspace extending 1. The authority citation for part 71 2000. upward from 700 to 1200 feet AGL to continues to read as follows: FOR FURTHER INFORMATION CONTACT: contain Instrument Flight Rules (IFR) Authority: 49 U.S.C. 106(g), 40103, 40113, Denis C. Burke, Air Traffic Division, operations in controlled airspace during 40120; E.O. 10854, 24 FR 95665, 3 CFR, Airspace Branch, AGL–520, Federal portions of the terminal operation and 1959–1963 Comp., p. 389. Aviation Administration, 2300 East while transiting between the enroute § 71.1 [Amended] Devon Avenue, Des Plaines, Illinois and terminal environments. Interested 60018, telephone (847) 294–7568. parties were invited to participate in 2. The incorporation by reference in SUPPLEMENTARY INFORMATION: this rulemaking proceeding by 14 CFR 71.1 of the Federal Aviation submitting written comments on the Administration Order 7400.9G, Airspace History proposal to the FAA. No comments Designations and Reporting Points, On Wednesday, April 12, 2000, the objecting to the proposal were received. dated September 1, 1999, and effective FAA proposed to amend 14 CFR part 71 Class E airspace designations for September 16, 1999, is amended as to establish Class E airspace at airspace areas extending upward from follows: Minneapolis, Flying Cloud Airport, MN 700 feet or more above the surface of the * * * * * (65 FR 19700). The proposal was to add earth are published in paragraph 6005 of Paragraph 6005 Class E airspace areas controlled airspace extending upward FAA Order 7400.9G dated September 1, extending upward from 700 Feet or more from the surface to contain Instrument 1999, and effective September 16, 1999, above the surface of the earth Flight Rules (IFR) operations in which is incorporated by reference in 14 * * * * * controlled airspace during portions of CFR 71.1. The Class E airspace the terminal operation and while designation listed in this document will AGL MN E5 Wadena, MN [New] transiting between the enroute and be published subsequently in the Order. Wadena Municipal Airport, MN terminal environments. (Lat. 46° 26′ 51″N., long. 95° 12′ 41″W.) Interested parties were invited to The Rule That airspace extending upward from 700 participate in this rulemaking This amendment to 14 CFR part 71 feet above the surface within a 6.5-mile proceeding by submitting written establishes Class E airspace at Wadena, radius of the Wadena Municipal Airport. comments on the proposal to the FAA. MN, to accommodate aircraft executing * * * * * No comments objecting to the proposal the proposed RNAV Rwy 34 SIAP Issued in Des Plaines, Illinois on June 14, were received. Class E airspace Wadena Municipal Airport by creating 2000. designations for airspace areas controlled airspace. The area will be Christopher R. Blum, extending upward from the surface of depicted on appropriate aeronautical Manager, Air Traffic Division. the earth are published in paragraph charts. 6002 of FAA Order 7400.9G dated [FR Doc. 00–16336 Filed 6–27–00; 8:45 am] The FAA has determined that this September 1, 1999, and effective regulation only involves an established BILLING CODE 4910±13±M September 16, 1999, which is body of technical regulations for which incorporated by reference in 14 CFR frequent and routine amendments are DEPARTMENT OF TRANSPORTATION 71.1. The Class E airspace designation necessary to keep them operationally listed in this document will be current. Therefore, this regulation—(1) Federal Aviation Administration published subsequently in the Order. is not a ‘‘significant regulatory action’’ The Rule under Executive Order 12866; (2) is not 14 CFR Part 71 a ‘‘significant rule’’ under DOT This amendment to 14 CFR part 71 Regulatory Policies and Procedures (44 [Airspace Docket No. 00±AGL±08] establishes Class E airspace at FR 11034; February 26, 1979); and (3) Minneapolis, Flying Cloud Airport, MN, does not warrant preparation of a Establishment of Class E Airspace; to accommodate any Part 135 air carrier Regulatory Evaluation as the anticipated Minneapolis, Flying Cloud Airport, MN aircraft executing instrument flight rules impact is so minimal. Since this is a AGENCY: Federal Aviation procedure during periods when the routine matter that will only affect air Administration (FAA), DOT. control tower is closed. The area will be traffic procedures and air navigation, it ACTION: Final rule. depicted on appropriate aeronautical is certified that this rule will not have charts. a significant economic impact on a SUMMARY: This action establishes Class The FAA has determined that this substantial number of small entities E airspace at Minneapolis, Flying Cloud regulation only involves an established

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Therefore, this regulation—(1) By Subscription is not a ‘‘significant regulatory action’’ [FR Doc. 00–16337 Filed 6–21–00; 8:45 am] under Executive Order 12866; (2) is not BILLING CODE 4910±13±M Copies of all SIAPs, mailed once a ‘‘significant rule’’ under DOT every 2 weeks, are for sale by the Regulatory Policies and Procedures (44 Superintendent of Documents, U.S. FR 11034; February 26, 1979); and (3) DEPARTMENT OF TRANSPORTATION Government Printing Office, does not warrant preparation of a Washington, DC 20402. Federal Aviation Administration Regulatory Evaluation as the anticipated FOR FURTHER INFORMATION CONTACT: impact is so minimal. Since this is a Donald P. Pate, Flight Procedure 14 CFR Part 97 routine matter that will only affect air Standards Branch (AMCAFS–420), traffic procedures and air navigation, it [Docket No. 30088; Amdt. No. 1997] Flight Technologies and Programs is certified that this rule will not have Division, Flight Standards Service, a significant economic impact on a Standard Instrument Approach Federal Aviation Administration, Mike Procedures; Miscellaneous substantial number of small entities Monroney Aeronautical Center, 6500 Amendments under the criteria of the Regulatory South MacArthur Blvd. Oklahoma City, OK 73169 (Mail Address: P.O. Box Flexibility Act. AGENCY: Federal Aviation 25082 Oklahoma City, OK 73125) Administration (FAA), DOT. List of Subjects in 14 CFR Part 71 telephone: (405) 954–4164. ACTION: Final rule. SUPPLEMENTARY INFORMATION: This Airspace, Incorporation by reference, SUMMARY: This amendment establishes, amendment to part 97 of the Federal Navigation (air). amends, suspends, or revokes Standard Aviation Regulations (14 CFR part 97) Adoption of the Amendment Instrument Approach Procedures establishes, amends, suspends, or (SIAPs) for operations at certain revokes Standard Instrument Approach In consideration of the foregoing, the . These regulatory actions are Procedures (SIAPs). The complete Federal Aviation Administration needed because of the adoption of new regulatory description of each SIAP is amends 14 CFR part 71 as follows: or revised criteria, or because of changes contained in official FAA form occurring in the National Airspace documents which are incorporated by PART 71ÐDESIGNATION OF CLASS A, System, such as the commissioning of reference in this amendment under 5 CLASS B, CLASS C, CLASS D, AND new navigational facilities, addition of U.S.C. 552(a), 1 CFR part 51, and § 97.20 CLASS E AIRSPACE AREAS; new obstacles, or changes in air traffic of the Federal Aviation Regulations AIRWAYS; ROUTES; AND REPORTING requirements. These changes are (FAR). The applicable FAA Forms are POINTS designed to provide safe and efficient identified as FAA Forms 8260–3, 8260– use of the navigable airspace and to 4, and 8260–5. Materials incorporated 1. The authority citation for part 71 promote safe flight operations under by reference are available for continues to read as follows: instrument flight rules at the affected examination or purchase as stated Authority: 49 U.S.C. 106(g), 40103, 40113, airports. above. 40120; E.O. 10854, 24 FR 95665, 3 CFR, DATES: An effective date for each SIAP The large number of SIAPs, their 1959–1963 Comp., p. 389. is specified in the amendatory complex nature, and the need for a provisions. special format make their verbatim § 71.1 [Amended] Incorporation by reference-approved publication in the Federal Register by the Director of the Federal Register expensive and impractical. Further, 2. The incorporation by reference in airmen do not use the regulatory text of 14 CFR 71.1 of the Federal Aviation on December 31, 1980, and reapproved as of January 1, 1982. the SIAPs, but refer to their graphic Administration Order 7400.9G, Airspace description on charts printed by ADDRESSES: Availability of matters Designations and Reporting Points, publishers of aeronautical materials. incorporated by reference in the dated September 1, 1999, and effective Thus, the advantages of incorporation amendment is as follows: September 16, 1999, is amended as by reference are realized and follows: For Examination publication of the complete description Paragraph 6002 Class E airspace designated 1. FAA Rules Docket, FAA of each SIAP contained in FAA form as a surface area Headquarters Building, 800 documents is unnecessary. The provisions of this amendment state the * * * * * Independence Avenue, SW., Washington, DC 20591; affected CFR (and FAR) sections, with AGL MN E2 Minneapolis, Flying Cloud 2. The FAA Regional Office of the the types and effective dates of the Airport, MN [New] region in which the affected airport is SIAPs. This amendment also identifies Flying Cloud Airport, MN located; or the airport, its location, the procedure (Lat. 44°49′38″ N., long. 93°27′26″ W.) 3. The Flight Inspection Area Office identification and the amendment Within a 4.0-mile radius of the which originated the SIAP. number. Minneapolis, Flying Cloud Airport. This For Purchase The Rule Class E airspace area is effective during the specific dates and times established in Individual SIAP copies may be This amendment to part 97 is effective advance by Notice to Airmen. The effective obtained from: upon publication of each separate SIAP date and time will thereafter be continuously 1. FAA Public Inquiry Center (APA– as contained in the transmittal. Some published in the Airport/Facility Directory. 200), FAA Headquarters Building, 800 SIAP amendments may have been Independence Avenue, SW., previously issued by the FAA in a * * * * * Washington, DC 20591; or National Flight Data Center (NFDC)

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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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Comments on Redesignated Subpart D: commenters suggested that the Recordal of Insignia As explained in detail above, the requirement that the insignia be applied Department is adopting the proposed Comment: Three commenters through a raised or depressed rule with certain changes suggested by suggested that the rules provide that impression be replaced with a commenters, revisions to several private label distributors of certain requirement that the insignia be applied sections, and some editorial corrections fasteners be allowed to record their so that it is permanent. and clarifications, in issuing this final insignia at the USPTO on a voluntary Response: The suggestion that the rule rule. basis, and to obtain certificates of take account of insignia marking recordal. Two of these three techniques developed through the Additional Information commenters further suggested that consensus standards, and that the Executive Order 12866 original equipment manufacturers requirement that insignia be applied likewise be allowed to record insignia at through a raised or depressed This rule has been determined not to the USPTO on a voluntary basis, and impression be eliminated has been be significant under section 3(f) of one of these three commenters accepted. The Department has revised Executive Order 12866. suggested that any party that contracts Section 280.300(b) of the final rule to Executive Order 12612 for the production of fasteners bearing provide that the insignia must be its insignia be allowed to record its applied to the fastener using the method This rule does not contain policies insignia at the USPTO on a voluntary for applying a permanent insignia that with Federalism implications sufficient basis. is provided for in the applicable to warrant preparation of a Federalism Response: This suggestion has not consensus standard(s), or, if the assessment under Executive Order been adopted. The FQA as amended applicable consensus standards do not 12612. does not give the USPTO the authority specify a method for applying a to issue recordals to entities that are not permanent insignia, through any means Regulatory Flexibility Act fastener manufacturers. Although the of applying a permanent insignia. The Chief Counsel for Regulation of previous version of the FQA required Comment: One commenter suggested the Department of Commerce certified that both various manufacturers and that the requirements that the insignia to the Chief Counsel for Advocacy of the various private label distributors record appear on the head of the fastener and Small Business Administration that this their insignias, the Fastener Quality Act that the insignia be readable with no rule will not have a significant Amendments of 1999 explicitly limited greater than 10x magnification are not economic impact on a substantial this requirement to manufacturers: supported by the FQA as amended, and number of small entities. The basis of Congress specifically chose to exclude that these requirements should therefore this certification was published in the private label distributors by deleting the be eliminated. notice of proposed rulemaking. No authority to register insignias of private Response: This suggestion has been comments were received regarding this label distributors. Congress left in the adopted. The Department agrees that it certification. Therefore, the Department FQA authority to register insignias of is unnecessary to specify the size and reaffirms the basis of the certification. manufacturers only, and required that location of the insignia. However, the As a result, a final regulatory flexibility covered fasteners bear the Department does believe that it is analysis is not required and none has manufacturer’s insignia. Hence, it necessary that the insignia be readable. been prepared. would be contrary to the Congressional Accordingly, the Department has intent to record the insignia of any non- revised Section 280.300(b) of the final Paperwork Reduction Act manufacturer. rule to remove the requirements that the Comment: Four commenters insignia be readable with no greater that Notwithstanding any other provision suggested that the wording ‘‘unless the 10x magnification and that the insignia of the law, no person is required to, nor specifications provide otherwise’’ be be placed on the head of the fastener, shall any person be subject to penalty moved from section 280.300(a) to and the Department has further revised for failure to comply with, a collection section 280.300. Section 280.300(b) to provide that the of information, subject to the Response: This suggestion has been insignia must be readable. requirements of the Paperwork adopted. Comment: One commenter suggested Reduction Act, unless that collection of Comment: One commenter suggested that Sec. 280.320(c)(6) be amended to information displays a currently valid that the requirement that the insignia be allow private label distributors of OMB Control Number. applied through a raised or depressed fasteners and original equipment This proposed rule contains impression be retained. Three manufacturers of fasteners to renew collection of information requirements commenters suggested that this their existing certificates of recordal. subject to the Paperwork Reduction Act requirement be eliminated. These Response: This suggestion has not that have been cleared under OMB commenters noted that references to been adopted. The FQA as amended Control Nos. 0693–0015 and 0651–0028. raised or depressed insignias had been does not give the USPTO the authority The public reporting burden for these removed from the FQA as amended, and to issue recordals to entities that are not collections of information are estimated suggested that it was therefore fastener manufacturers. Although the to average 1.5 hours per response for impermissible for the proposed rules to previous version of the FQA required affirmations, 20 hours per response for require that the insignia be raised or that both various manufacturers and petitions, and .17 hours per response for depressed. One of these three various private label distributors record the PTO recordal, renewal forms. The commenters further suggested that the their insignia, the amended FQA limits estimated response time shown includes proposed rule did not give this requirement to manufacturers: the time for reviewing instructions, consideration to marking or Congress specifically chose to exclude gathering information, and completing identification techniques that private label distributors and others and reviewing the collections of manufacturers might develop either who are not manufacturers. Hence, it information.

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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

VerDate 112000 16:22 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM pfrm01 PsN: 28JNR1 39806 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations and the affected dependents. The policy issues arising out of legal and contractors during the performance effective date of such automatic mandates, the President’s priorities, or of a contract with DeCA. All personnel enrollment shall be the date of the the principles set forth in Executive are expected to comply with the written notice, unless an earlier Order 12866. procedures established herein. effective date is requested by the Regulatory Flexibility Act member or affected dependents, so long § 327.3 Responsibilities. as the affected dependents were as of It has been determined that this (a) The Director, DeCA. (1) Supervises the effective date dependents of an Privacy Act rule for the Department of the execution of the Privacy Act and active duty member in pay grades E–1 Defense does not have significant this part within the DeCA, and serves as to E–4 and residents in a catchment area economic impact on a substantial the DeCA Privacy Act Appeal Authority. of a military hospital. Dependents who number of small entities because it is (2) Appoints: are automatically enrolled under this concerned only with the administration (i) The Executive Director for Support paragraph may disenroll at any time. of Privacy Act systems of records within as the DeCA Initial Denial Authority for Such disenrollment shall remain in the Department of Defense. the DeCA Privacy Act Program. (ii) The Records Manager, Office of effect until such dependents take Paperwork Reduction Act specific action to reenroll which such Safety, Security, and Administration as dependents may do at any time. It has been determined that this the DeCA Privacy Act Officer. Privacy Act rule for the Department of (b) The Privacy Act Officer, DeCA. (1) * * * * * Defense imposed no information Establishes and manages the PA Dated: June 22, 2000. requirements beyond the Department of program for DeCA. L. M. Bynum, Defense and that the information (2) Provides guidance, assistance and Alternate Federal Register Notice Liaison collected within the Department of training. Officer, Department of Defense. Defense is necessary and consistent (3) Controls and monitors all requests [FR Doc. 00–16263 Filed 6–27–00; 8:45 am] with 5 U.S.C. 552a, known as the received and prepares documentation to BILLING CODE 5001±10±P Privacy Act of 1974. the office of primary responsibility (OPR) for response. List of Subjects in 32 CFR Part 327 (4) Prepares response to requester DEPARTMENT OF DEFENSE Privacy. based on information provided by the Accordingly, Title 32 of the CFR is OPR. Defense Commissary Agency amended in Chapter I, subchapter O, by (5) Signs all response requests for adding part 327 to read as follows: releasable information to the requester 32 CFR Part 327 after coordination through the General PART 327ÐDEFENSE COMMISSARY Counsel. Ensures that all denied Defense Commissary Agency Privacy AGENCY PRIVACY ACT PROGRAM requests for information are released by Act Program the DeCA Initial Denial Authority. Sec. (6) Publishes instructions to AGENCY: Defense Commissary Agency, 327.1 Purpose. DoD. contractors that: 327.2 Applicability. (i) Provide DeCA Privacy program ACTION: Final rule. 327.3 Responsibilities. 327.4 Definitions. guidance to their personnel who solicit, SUMMARY: This rule establishes the 327.5 Systems of records. award, or administer government Defense Commissary Agency Privacy 327.6 Collecting personal information. contracts; Act Program. This rule establishes 327.7. Access by individuals. (ii) Inform prospective contractors of policies and procedures for 327.8 Disclosure of personal information to their responsibilities regarding the implementing the DeCA Privacy other agencies and third parties. DeCA Privacy Program; and Program, and delegates authorities and Appendix A to part 327—Sample DeCA (iii) Establish an internal system of response letter. assigns responsibilities for the contractor performance review to ensure Appendix B to part 327—Internal compliance with DeCA’s Privacy administration of the DeCA Privacy Management Control Review Checklist. Program Appendix C to part 327—DeCA Blanket program. Routine Uses. (iv) Prepare and submit System EFFECTIVE DATE: June 9, 2000. Notices to the Defense Privacy Office for FOR FURTHER INFORMATION CONTACT: Ms. Authority: Pub. L. 93–579, 88 Stat. 1896 (5 publication in the Federal Register. Carole Marsh at (804) 734–8841. U.S.C. 522a). (7) Maintain Privacy Case files and SUPPLEMENTARY INFORMATION: § 327.1 Purpose. records of disclosure accounting. (8) Submit the DeCa Annual Privacy Executive Order 12866 This part implements the basic policies and procedures for the Act Report (RCS: DD–DA&M(A)1379) to It has been determined that this implementation of the Privacy Act of the Defense Privacy Office. Privacy Act rule for the Department of 1974, as amended (5 U.S.C. 552a); OMB (c) DeCA Directorates/Staff Offices. Defense does not constitute ‘‘significant Circular A–130; 1 and 32 CFR part 310; (1) Provide response and the regulatory action’’. Analysis of the rule and to promote uniformity in the DeCA information requested to the PA Officer indicates that it does not have an annual Privacy Act Program. for release to the individual. effect on the economy of $100 million (2) In the event the information is to or more; does not create a serious § 327.2 Applicability. be denied release, the requested inconsistency or otherwise interfere This part applies to Headquarters, information and rationale for denial will with an action taken or planned by Field Operating Activities (FOA), be forwarded to the PA Officer for another agency; does not materially alter Regions, Zones, Central Distribution denial determination. the budgetary impact of entitlements, Centers (CDC), Commissaries of DeCA, (d) Regions. Regional Directors will grants, under fees, or loan programs or appoint a Regional PA Coordinator who the rights and obligations of recipients 1 Copies may be obtained: http:// will maintain suspense control of PA thereof; does not raise novel legal or www.whitehouse.gov/OMB/circulars. actions, prepare documentation to the

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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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(i) Established and maintained to variety of forms (firmware, (2) The specific impact on the assist in making internal contractor programmable software, hard wiring, or purpose or mission of not collecting management decisions such as those similar equipment) that permits the each category of information contained maintained for use in managing the processing of textual data. Generally, in the system. contract. the equipment contains a device to (3) The possibility of meeting the (ii) Those maintained as internal recieve information, a computer-like informational requirements through use contractor employee records even when processor with various capabilities to of information not individually used in conjunction with providing manipulate the information, a storage identifiable or through other techniques, goods and services to DeCA. medium, and an output device. such as sampling. (4) Disclosure of records to (4) The length of time each item of contractors. Disclosure of personal § 327.5 Systems of records. personal information must be retained. records to a contractor for the use in the (a) System of records. To be subject to (5) The cost of maintaining the performance of any DeCA contract is the provisions of this part, a ‘‘system of information. considered a disclosure within the records’’ must: (6) The necessity and relevancy of the Department of Defense (DoD). The (1) Consist of ‘‘records’’ that are information to the purpose for which it contractor is considered the agent of retrieved by the name of an individual was collected. DeCA and is to be maintaining and or some other personal identifier, and (f) Discontinued information receiving the records for DeCA. (2) Be under the control of DeCA. requirements. (1) When notification is (h) Safeguarding personal (b) Retrieval practices. Records in a received to stop collecting any category information. DeCA personnel will group of records that may be retrieved or item of personal information, the protect records in every system of by a name or personal identifier are not DeCA PA Officer will issue instructions records for confidentiality against covered by this part even if the records to stop immediately and also excise this alteration, unauthorized disclosure, contain personal data and are under the information from existing records, when embarrassment, or unfairness to any control of DeCA. The records MUST BE, feasible, and amend existing notice. individual about when information is in fact, retrieved by name or other (2) Disposition of these records will kept. (1) Supervisor/Manager paper records personal identifier to become a system be provided by the DeCA PA Officer in maintained by DeCA personnel will be of records for DeCA. accordance with the DeCA Filing 3 treated as ‘For Official Use Only’ (c) Relevance and necessity. Only System. (FOUO) documents and secured in those records that contain personal (g) Government contractors. (1) When locked file cabinets, desks or bookcases information which is relevant and DeCA contracts for the operation or during non-duty hours. During normal necessary to accomplish a purpose maintenance of a system of records or a working hours, these records will be required by Federal statute or an portion of a system of records by a out-of-sight if the working area is Executive Order will be maintained by contractor, the record system or the accessible to non-government DeCA. portion affected are considered to be personnel. (d) Authority to establish systems of maintained by DeCA and are subject to this part. DeCA is responsible for (2) Personnel records maintained by records. Director, DeCA has the DeCA computer room or stand alone authority to establish systems of applying the requirements of this part to the contractor. The contractor and its systems, will be safeguarded at all records; however, each time a system of times. Printed computer reports records is established, the Executive employees are to be considered employees of DeCA for the purposes of containing personal data must carry the Order or Federal statute that authorizes markings FOUO. Other media storing maintaining the personal information the approved provisions of the Privacy Act during the performance of the personal data such as tapes, reels, disk must be identified. packs, etc., must be marked with labels (1) DeCA will not maintain any contract. Consistent with the Defense Acquisition Regulation, contracts which bear FOUO and properly records describing how an individual safeguarded. exercises his or her rights guaranteed by requiring the maintenance of a system of records or the portion of a system of (3) Adherence to paragraphs (h)(1) the First Amendment of the U.S. and (h)(2) of this section, fulfills the Constitution. records shall identify specifically the record system and the work to be requirements of 32 CFR part 285. (2) These rights include, but are not (i) Records disposal. (1) DeCA records performed and shall include in the limited to, freedom of religion, freedom containing personal data will be solicitation and resulting contract such of political beliefs, freedom of speech, shredded or torn to render the record terms as are prescribed in the Defense freedom of the press, the right to unrecognizable or beyond Acquisition Regulation (DAR).4 assemble, and the right to petition. reconstruction. (e) System manager’s evaluation. (2) If the contractor must use or have (2) The transfer of large quantities of Systems managers, along with the DeCA access to individually identifiable DeCA records containing personal data Privacy Officer, shall evaluate the information subject to this part to to disposal activities is not considered information to be included in each new perform any part of a contract, and the a release of personal information under system before establishing the system information would have been collected this part. The volume of such transfers and evaluate periodically the and maintained by DeCA but for the makes it difficult or impossible to information contained in each existing identify easily specific individual 3 Copies may be obtained: Defense Commissary system of records for relevancy and Agency, ATTN: FOIA/Privacy Officer, 1300 E. records. Care must be exercised to necessity. Such a review will also occur Avenue, Fort Lee, VA 23801–1800. ensure that the bulk is maintained so as when a system notice amendment or 4 See footnote 3 to § 327.5. to prevent specific records from

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DeCA will individual to make a decision whether release to the individuals all of the § 327.6 Collecting personal information to provide the information requested. personal information, except to the (a) Collect directly from the The statement will be concise, curent, extent the information is contained in individual. To the greatest extent and easily understood and must state an exempt system of records. practicable, collect personal information whether providing the information is (1) Requests for access. (i) Individuals directly from the individual to whom it voluntary or mandatory. if furnishing in DeCA Headquarters and FOAs will pertains if the information may be used the data is mandatory, a Federal statute, address requests for access to their in making any determination about the Executive Order, regulation or other personal information to the DeCA rights, privileges, or benefits of the lawful order must be cited. If the Privacy Act Officers. Individuals in individual under any Federal program. personal information solicited is not to Regions, CDCs, and commissaries, will (b) Collecting personal information be incorporated into a DeCA system of address requests to their respective from third parties. It may not be records, a PA statement is not required. Region Privacy Act Coordinator. The practical to collect personal information This information obtained without the individual is not required to explain or directly from an individual in all cases. PA statement will not be incorporated justify why access is being sought. Some examples of this are: into any DeCA systems of records. (ii) If an individual wishes to be (1) Verification of information accompanied by a third party when through third party sources for security (1) The DeCA Privacy Act Statement will include: seeking access to his or her records or or employment suitability to have the records released directly to determinations; (i) The specific Federal statute or the third party, a signed access (2) Seeking third party opinions such Executive Order that authorized authorization granting the third party as supervisory comments as to job collection of the requested information; access is required. knowledge, duty performance, or other (ii) The principal purpose or purposes (iii) A DeCA individual will not be opinion-type evaluations; for which the information is to be used; denied access to his or her records (3) When obtaining the needed (iii) The routine uses that will be because he or she refuses to provide his information directly from the individual made of the information; or her SSN unless the SSN is the only is exceptionally difficult or may result (iv) Whether providing the way retrieval can be made. in unreasonable costs; or information is voluntary or mandatory; (2) Granting access. (i) If the record is (4) Contacting a third party at the and not part of an exempt system, DeCA request of the individual to furnish (v) The effects on the individual if he personnel will be granted access to the certain information such as exact or she chooses not to provide the original record or an exact copy of the periods of employment, termination original record without any changes or dates, copies of records, or similar requested information. (2) Forms. When DeCA uses forms to deletions. Medical records will be information. disclosed to the individual to whom (c) Collecting social security numbers collect personal information, placement they pertain unless an individual fails to (SSNs). (1) It is unlawful for DeCA to of the Privacy Act advisory statement comply with the established deny an individual any right, benefit, or should be in the following order of requirements. This includes refusing to privilege provided by law because an preference: name a physician to receive medical individual refuses to provide his or her (i) Below the title of the form and records when required, refusing to pay SSN. Executive Order 9397 authorizes positioned so the individual will be fees, or when a judgment is made that solicitation and use of SSNs as advised of the requested information, access to such records may have an numerical identifiers for individuals in (ii) Within the body of the form with adverse effect on the mental or physical most Federal record systems, however, a notation of its location below the title health of the individual. Where an it does not provide mandatory authority of the form, adverse effect may result, a release will for soliciting. (iii) On the reverse of the form with (2) When an individual is requested to be made in consultation with a a notation of its location below the title physician. provide their SSN, they must be told: of the form, (i) the uses that will be made of the (ii) DeCA personnel may be denied (iv) Attached to the form as a tear-off access to information compiled in SSN; sheet, or (ii) The statute, regulation or rule reasonable anticipation of a civil action authorizing the solicitation of the SSN; (v) Issued as a separate supplement to or proceeding. The term ‘‘civil and the form. proceeding’’ is intended to include (iii) Whether providingthe SSN is (3) Forms issued by non-DoD quasi-judicial and pretrial judicial voluntary or mandatory. Activities. Ensure that the statement proceedings. Information prepared in (3) Once the SSN has been furnished prepared by the originating agency on conjunction with the quasi-judicial, for the purpose of establishing a record, their forms is adequate for the purpose pretrial and trial proceedings to include the notification in paragraph (c)(2) of for which DeCA will use the form. If the those prepared by DeCA legal and non- this section is not required if the statement is inadequate, DeCA will legal officials of the possible individual is only requested to furnish prepare a new statement before using consequences of a given course of action or verify the SSNs for identification the form. Forms issued by other are protected from access. purposes in connection with the normal agencies not subject to the Privacy Act (iii) Requests by DeCA personnel for use of his or her records. but its use requires DeCA to collect access to investigatory records (d) Privacy act statements. When a personal data, a Privacy Act Statement pertaining to themselves, compiled for DeCA individual is requested to furnish will be added. law enforcement purposes, are

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Those requests by DeCA the controlling statute. been properly classified. personnel for investigatory records (4) Requests from DeCA individuals (2) DeCA individuals will only be pertaining to themselves that are in for access to information about denied access to those portions of the records systems exempt from access themselves in a system of records that records from which the denial of access provisions shall be processed under this do not cite either Act or DeCA serves some legitimate governmental part or 32 CFR part 285, depending implementing directive are processed purpose. upon which provides the greatest degree under the procedures established by this (3) Other reasons to refuse DeCA of access. part. individuals are: (3) Non agency records. (i) (5) DeCA requesters will not be (i) The request is not described well Uncirculated personal notes and records denied access to personal information enough to locate it within a reasonable that are not given or circulated to any concerning themselves that would be amount of effort by the PA Officer or PA person or organization (example, releasable to them under either Act Coordinator; or personal telephone list) that are kept or because they fail to cite either Act or the (ii) An individual fails to comply with discarded at the author’s discretion and wrong Act. The Act or procedures used the established requirements including over which DeCA exercises no direct in granting or denying access will be refusing to name a physician to receive control, are not considered DeCA explained to requesters., medical records when required or to pay records. However, if personnel are (6) DeCA requesters should receive fees. officially directed or encouraged, either access to their records within 30 days. (4) Only the DeCA IDA can deny in writing or orally, to maintain such (7) Records in all DeCA systems access. This denial must be in writing records, they may become ‘‘agency maintained in accordance with the and contain: records’’ and may be subject to this part. Government-wide systems notices are in (i) The date of the denial, name, title (ii) Personal uncirculate handwritten temporary custody of DeCA, and all of position, and signature of the DeCA notes of team leaders, office supervisors, requests or amend these records will be Initial Denial Authority. (ii) The specific reasons for the denial, or military supervisory personnel processed in accordance with this part. including specific reference to the concerning subordinates are not a (c) Denial of individual access. (1) A appropriate sections of the PA, other system of records within the meaning of DeCA individual may be denied formal statutes, this part or the Code of Federal this part. Such notes are an extension of access to a record pertaining to him/her Regulations (CFR); the individual’s memory. These notes, only if the record: (i) Was compiled in reasonable (iii) Information providing the right to however, must be maintained and anticipation of civil action. appeal the denial through the DeCa discarded at the discretion of the (ii) Is in a system of records that has appeal procedure within 60 days, and individual supervisor and not circulated been exempt from access provisions of the title, position and address of the to others. Any established requirement this part. DeCA PA Appellate Authority. to maintain such notes (written or oral (iii) All systems of records maintained (5) DeCA Appeal Procedures. The directives, regulation or command by the Defense Commissary Agency Director of DeCA, or the designee, will policy) make these notes ‘‘AGENCY shall be exempt from the requirements review any appeal by an individual RECORDS.’’ If the notes are circulated, of 5 U.S.C. 552a(d) pursuant to 5 U.S.C. from a denial of access to DeCA records. they must be made a part of the system 552a(k)(1) to the extent that the system Formal written notification will be of records. Any action that gives contains any information properly provided to the individual explaining personal notes the appearance of official classified under Executive Order 12958 whether the denial is sustained totally agency records is prohibited unless they and which is required by the Executive or in part. The DeCA PA Officer will: have been incorporated into a DeCA Order to be withheld in the interest of (i) Assign a control number and system of records. national defense or foreign policy. This process the appeal to the Director, DeCA (b) Relationship between the Privacy exemption, which may be applicable to or the designee appointed by the Act and the Freedom of Information Act parts of all systems of records, is Director. (FOIA). (1) Requests from DeCA necessary because certain record (ii) Provide formal written notification individuals for access to a record systems not otherwise specifically to the individual by the appeal authority pertaining to themselves made under designated for exemptions herein may explaining whether the denial is the FOIA are processed under the contain items of information that have sustained totally or in part and the exact provisions of this part, 32 CFR part 310 been properly classified. reasons for the denial to include and DeCA Directive 30–12, Freedom of (iv) Is contained in a system of provisions of the Act, other statute, this Information Act (FOIA) Program.5 records for which access may be denied part or the CFR whichever the (2) Request from DeCA individuals or under some other Federal statute. determination is based, or access to a record pertaining to (v) All systems of records maintained (iii) Provide the individual access to themselves are processed under this by the DeCA shall be exempt from the the material if the appeal is granted. part and 32 CFR part 310. requirements of 5 U.S.C. 552a(d) (iv) Process all appeals within 30 days (3) Requests from DeCA individuals pursuant to 5 U.S.C. 552a(k)(1) to the of receipt unless the appeal authority for access to records about themselves extent that the system contains any determines the review cannot be made that cite both Acts or the DeCA information properly classified under within that period and provide implementing directives for both Acts Executive Order 12958 and which is notification to the individual the are processed under this part except: required by the Executive Order to be reasons for the delay and when an (i) When the access provisions of the withheld in the interest of national answer may be expected. FOIA provide a greater degree of access defense of foreign policy. This (d) Amendment of records. (1) DeCA process under the FOIA, or exemption, which may be applicable to employees are encouraged to review the (ii) When access to the information parts of all systems of records, is personal information being maintained sought is controlled by another Federal necessary because certain record abut them periodically. An individual systems not otherwise specifically may request amendment of any record 5 See footnote 3 to § 327.5. designated for exemptions herein may contained in a system of records unless

VerDate 112000 16:22 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM pfrm01 PsN: 28JNR1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations 39811 the system of records has been exempt only means to make the record available (ii) Present and past position titles, specifically from the amendment for the individual. (iii) Present and past grades, procedures by the Director, DeCa. A (ii) No reading room is available for (iv) Present and past salaries, request for amendment must include: the individual to review the record or a (v) Present and past duty stations, (i) A description of the item or items copy is made to keep the original in (vi) Office or duty telephone numbers, to be amended. DeCA files. (2) Military members: (ii) The specific reason for the (iii) The information may be obtained (i) Full name, amendment. without charge under any other (ii) Rank, (iii) The type of amendment action regulation, directive, or statute. (iii) Date of rank, such as deletion, correction or addition. (2) No fees will be collected for (iv) Gross salary, (iv) Copies of evidence supporting the search, retrieval, and review of records (v) Past duty assignments, request. to determine releasability, copying of (vi) Present duty assignments, (v) DeCA employees may be required records when the individual has not (vii) Future assignments that are to provide identification to make sure requested a copy, transportation of officially established, that they are indeed seeking to amend records and personnel, or normal (viii) Office or duty telephone a record pertaining to themselves. postage. numbers, (2) The amendment process is not (ix) Source of commission, intended to permit the alteration of § 327.8 Disclosure of personal information (x) Promotion sequence number, evidence presented in the course of to other agencies and third parties (xi) Awards and decorations, judicial or quasi-judicial proceedings. (a) Disclosures and nonconsensual (xii) Attendance at professional Amendments to these records are made disclosures. (1) All requests made by military schools, through specific procedures established DeCA individuals for personal (xiii) Duty status at any given time. for the amendment of these records. information about other individuals (3) All disclosures of personal (i) Written notification will be (third parties) will be processed under information on civilian employees shall provided to the requester within 10 DeCA Directive 30–12 7 except when the be made in accordance with the Office working days of its receipt by the DeCA third party personal information is of Personnel Management (OPM) and all PA Officer. No notification will be contained in the Privacy record of the disclosures of personal information on provided to the requester if the action individual making the request. military members shall be made in completed within the 10 days. Only (2) For the purposes of disclosure and accordance with the standards under exceptional circumstances will disclosure accounting, the Department established by 32 CFR part 285. more than 30 days be required to reach of Defense is considered a single agency. (4) The release of DeCA employees’ the decision to amend a request. If the (3) Personal information from DeCA home addresses and home telephone decision is to grant all or in part of the systems of records will not be disclosed numbers is considered a clearly request for amendment, the record will outside the DoD unless: unwarranted invasion of personal be amended and the requester informed (i) The record has been requested by privacy and is prohibited; however, and all other offices/personnel known to the individual to whom it pertains, these may be released without prior be keeping the information. (ii) Written consent has been given by consent of the employee if: (ii) If the request for amendment is the individual to whom the record (i) The employee has indicated denied in whole or in part, The PA pertains for release to the requesting previously that he or she consents to Officer will notify the individual in agency, activity, or individual, or their release, writing and provide the specific reasons (iii) The release is pursuant to one of (ii) The releasing official was and the procedures for appealing the the specific nonconsensual purposes set requested to release the information decision. forth in the Act. under the provisions of 32 CFR part 285. (iii) All appeals are to be processed (4) Records may be disclosed without (5) Before listing home addresses and within 30 days. If additional time is the consent of a DeCA individual to any home telephone numbers in any DeCA required, the requester will be informed DoD official who has need for the record telephone directory, give the and provided when a final decision may in the performance of their assigned individuals the opportunity to refuse be expected. duties. Rank, position, or title alone such a listing. (e) Fee assessments. (1) DeCA does not authorize this access. An (c) Disclosures for established routine personnel will only be charged the official need for this information must uses. (1) Records may be disclosed direct cost of copying and reproduction, exist. outside of DeCA without consent of the computed using the appropriate (5) DeCA records must be disclosed if individual to whom they pertain for an portions of the fee schedule in DeCA their release is required by 32 CFR part established routine use. Directive 30–12.6 Normally, fees are 285, which is implemented by DeCA (2) A routine use shall: waived automatically if the direct costs Directive 30–12.8 32 CFR part 285 (i) Be compatible with the purpose for of a given request are less than $30. This requires that records be made available which the record was collected; fee waiver provision does not apply to the public unless exempt from (ii) Indicate to whom the record may when a waiver has been granted to the disclosure under the FOIA. be released; individual before, and later requests (b) Normally releasable information. (iii) Indicate the uses to which the appear to be an extension or duplication Personal information that is normally information may be put by the receiving of that original request. Decisions to releasable without the consent of a agency; and waive or reduce fees that exceed the DeCA individual that does not imply a (iv) Have been published previously automatic waiver threshold will be clearly unwarranted invasion of in the Federal Register. made on a case-by-case basis. Fees may personal privacy: (3) A routine use will be established not be charged when: (1) Civilian employees: for each user of the information outside (i) Copying is performed for the (i) Name, DeCA who need official access to the convenience of the Government or is the records. This use may be discontinued 7 See footnote 3 to § 327.5. or amended without the consent of the 6 See footnote 3 to § 327.5. 8 See footnote 3 to § 327.5. individual/s involved. Any routine use

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(3) Any item of personal information responsibilities and ensure the designation of (d) Disclosure without consent. DeCA may be released on a DeCA patient if the appropriate staff to assist. records may be disclosed without the patient has given consent to its release. (4) Test Questions: Explain rationale for consent of the individual to whom they (4) This part does not limit the YES responses or provide cross-references disclosure of personal medical where rationale can be found. For NO pertain to another agency within or responses, cross-reference to where under the control of the U.S. for a civil information for other government corrective action plans can be found. If or criminal law enforcement activity if: agencies’ use in determining eligibility response is NA, explain rationale. (1) The civil or criminal law for special assistance or other benefits (i) Is a PA program established and enforcement activity is authorized by provided disclosure in pursuant to a implemented in DeCA to encompass law (Federal, State, or local); and routine use. procedures for subordinate activities? (DeCA (2) The head of the agency or HQ/SA, Region IM). Response: Yes / No / instrumentality (or designee) has made Appendix A to Part 327—Sample DeCA NA. Remarks: a written request to the Component Response Letter (ii) Is an individual appointed PA responsibilities? (DeCA HQ/SA, Region IM). specifying the particular record or Mrs. Floria Employee Response: Yes / No / NA. Remarks: portion desired and the law 551 Florida Avenue (iii) Are the current names and office enforcement activity for which it is Oakland, CA 94618 telephone numbers furnished OSD, Private sought. Dear Mrs. Employee: This responds to your Act Office of the PA Officer and the IDA? (3) Blanket requests for any and all Privacy Act request dated (enter date of (DeCA HQ/SA). Response: Yes / No / NA. records pertaining to an individual shall request), in which you requested (describe Remarks: not be honored. The requesting agency requested records). (iv) Is the annual PA report prepared and or instrumentality must specify each Your request has been referred to our forwarded to OSD, Defense Privacy Office? headquarters for further processing. They (DeCA HQ/SA). Response: Yes / No / NA. record or portion desired and how each will respond directly to you. Any questions Remarks: relates to the authorized law concerning your request may be made (v) Is PA awareness training/orientation enforcement activity. telephonically (enter Privacy Officer’s provided? Is in-depth training provided for (4) This disclosure provision applies telephone number) or in writing to the personnel involved in the establishment, when the law enforcement agency or following address: development, custody, maintenance and use instrumentality request the record, If the Defense Commissary Agency, Safety, of a system of records? (DeCA HQ/SA, DoD Component discloses a record Security, and Administration, Attention: Region). Response: Yes / No / NA. Remarks: outside the DoD for law enforcement FOIA/PA Officer, Fort Lee, VA 23801–1800. (vi) Is the PA Officer consulted by I trust this information is responsive to information systems developers for privacy purposes without the individual’s requirements which need to be included as consent and without an adequate your needs. (Signature block) part of the life cycle management of written request, the disclosure must be information consideration in information pursuant to an established routine use, Appendix B to Part 327—Internal systems design? (DeCA HQ/SA, Region). such as the blanket routine use for law Management Control Review Checklist Response: Yes / No / NA. Remarks: enforcement. (vii) Is each system of records maintained (e) Disclosures to the public from (a) Task: Personnel and/or Organization by DeCA supported by a Privacy Act System Management. health care records. (1) The following Notice and has the systems notice been (b) Subtask: Privacy Act (PA) Program. published in the Federal Register? (DeCA general information may be released to (c) Organization: HQ/SA). Response: Yes / No / NA. Remarks: the news media or public concerning a (d) Action officer: (i) Event cycle 2: Processing PA Requests. DeCA employee treated or hospitalized (e) Reviewer: (1) Risk: Failure to process PA requests in DoD medical facilities and non- (f) Date completed: correctly could result in privacy information Federal facilities for whom the cost of (g) Assessable unit: The assessable units being released which subjects the the care is paid by DoD: are HQ, DeCA, Regions, Central Distribution Department of Defense, DeCA or individuals (i) Personal information concerning Centers, Field Operating Activities, and to criminal penalties. the patient that is provided in § 327.8 commissaries. Each test question is annotated (2) Control Objective: PA requests are processed correctly. and under provisions of 32 CFR part to indicate which organization(s) is (are) responsible for responding to the question(s). (3) Control Technique: 285. Assessable unit managers responsible for (i) Ensure PA requests are logged into a (ii) The medical condition such as the completing this checklist are shown in the formal control system. date of admission or disposition and the DeCA, MCP, DeCA Directive 70–2.1 (ii) Ensure PA requests are answered present medical assessment of the (h) Event cycle 1: Establish and implement promptly and correctly. individual’s condition in the following a Privacy Act Program. (iii) Ensure DeCA records are only terms if the medical doctor has (1) Risk: If prescribed policies, procedures withheld when they fall under the general volunteered the information: and responsibilities of the Privacy Act and specific exemptions of 5 U.S.C. 552a and Program are not adhered to, sensitive private one or more of the nine exemptions under (A) The individual’s condition is 3 presently (stable) (good) (fair) (serious) information on individuals can be given out DeCA Directive 30–12, Freedom of to individuals. Information Act (FOIA) Program. or (critical), and (iv) Ensure all requests are coordinated (B) Whether the patient is conscious, (2) Control Objectives: The prescribed policies, procedures and responsibilities through the General Counsel. semi-conscious or unconscious. contained in 5 U.S.C. 552a are followed to (v) Ensure all requests are denied by the (2) Detailed medical and other DeCA IDA. personal information may be released 1 Copies may be obtained: Defense Commissary on a DeCA employee only if the Agency, ATTN: FOIA/Privacy Officer, 1300 E. 2 See footnote 1 to this Appendix B. employee has given consent to the Avenue, Fort Lee, VA 23801–1800. 3 See footnote 1 to this Appendix B.

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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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Preliminary estimates acquisition reform efforts to eliminate Copyright, Registration of Claims to placed the loss at 50 million dollars or government unique standards, such as Copyright more. More than a million boxes of military specifications in favor of documents were destroyed in three commercial standards and best AGENCY: Copyright Office, Library of March 1997 fires at a nationwide practices. We do not view the records Congress. records storage company’s two facilities center regulation as contravening or ACTION: Final rule; technical in an industrial park in South impeding the Government’s acquisition amendments. Brunswick, New Jersey. And a May 6, reform initiative. As discussed in the 1997, fire near Scranton, PA destroyed previous sections of this SUPPLEMENTARY SUMMARY: The Copyright Office has another commercial center that stored INFORMATION, there is no clear ANSI- reviewed its regulations and found non- 450,000 cubic feet of paper and approved industry fire-safety standard substantive errors in its general microfilm records. In comparison, the for records centers that could be used in copyright provisions and its rules two recent fires at NARA’s Washington place of the NARA standard. It is governing registration of claims to National Records Center in Suitland, important to realize that with regard to copyright. This document contains MD, demonstrated that NARA’s fire fire safety and security issues, the new technical amendments to correct these protection and suppression system does regulation was written as a performance errors. provide the level of fire safety required standard, rather than a prescriptive EFFECTIVE DATE: June 28, 2000. by the NARA standard in Subpart K. standard, and replaced Government- FOR FURTHER INFORMATION CONTACT: The first fire resulted in loss of 50 or specific (MIL–SPEC and FED–STD) fewer cubic feet of records from fire. references with ANSI-approved Marilyn J. Kretsinger, Assistant General The loss from the second fire was references. We also took extensive steps Counsel, Copyright GC/I&R, PO Box limited to no more than 10 cubic feet of to assure full industry review and 70400, Southwest Station, Washington records. comment, as noted in the DC 20024. Telephone: (202) 707–8380. Fax: (202) 707–8366. NARA fire safety requirements are SUPPLEMENTARY INFORMATION section of based on extensive live fire testing the December 2, 1999, final rule. SUPPLEMENTARY INFORMATION: The conducted by nationally recognized Copyright Office recently conducted an independent laboratories. These tests Other Comments extensive review of Parts 201 and 202 of demonstrate conclusively that the Several of the commenters either its regulations. This document is NARA standards are effective and enclosed copies of comments that had published to update and correct minor practical. NARA has authorized the been submitted in response to the errors in the text to these parts as unlimited publication of the test reports. proposed rule, or repeated their earlier published in the Code of Federal To our knowledge, no other U. S. comments. These comments generally Regulations. provider of records storage services has concerned issues of cost and List of Subjects conducted any such independent tests; competition, and were addressed in the at least no reports have been published. December 2, 1999, final rule. The DoD 37 CFR Part 201 The NARA standards also reflect the comment indicated a concern that Copyright. National Fire Protection Association’s NARA was both the arbiter of the advisory Guide for Fire Protection for standards and a competitor in the 37 CFR Part 202 Archives and Records Centers (NFPA/ marketplace. While we appreciate the Claims, Copyright. ANSI 232A–1995), the most widely concern, NARA has taken action to accepted documentation of commercial assure that the two functions remain Final Rule best practices. (The National Fire separate. Protection Association has recently For the reasons set forth in the voted to change the advisory guide to a Conclusion preamble, 37 CFR Chapter II is amended by making the following corrections and mandatory standard.) After carefully reviewing the amendments: The related Iron Mountain comment comments received in response to the that NARA had conducted a fire test invitation for public comment on PART 201ÐGENERAL PROVISIONS subsequent to the final rule that used §§ 1228.234, 1228.236, and 1228.238, the widely accepted industry fire we determined that these three 1. The authority citation for Part 201 suppression standards was provisions do not require further continues to read as follows: misinformed. NARA’s successful fire amendment to carry out their intended Authority: 17 U.S.C. 702. test of 28-foot high storage, conducted purpose: to allow Federal agencies and by the independent Southwest Research the commercial records storage industry § 201.1 [Amended] Institute, did not use the widely more flexibility in meeting the NARA 2. In § 201.1, paragraph (a) remove the accepted industry practice of ceiling- requirements. ‘‘.’’ (period) after ‘‘SE’’. only sprinklers. Instead, NARA used Dated: June 23, 2000. 3. In § 201.1, paragraphs (c) and (d) sprinklers at three levels: under the first are revised to read as follows: catwalk at approximately 16 feet; under John W. Carlin, the second catwalk at approximately 24 Archivist of the United States. § 201.1 Communications with the feet, and at the ceiling. The test fire was [FR Doc. 00–16308 Filed 6–27–00; 8:45 am] Copyright Office. controlled by the under-catwalk BILLING CODE 7515±01±P * * * * *

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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

VerDate 112000 16:22 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM pfrm01 PsN: 28JNR1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations 39823 applicability to 43 CFR Part 12 is not flounder fishery may not land summer upon a specific date, its commercial used instead? flounder in Maine for the remainder of quota has been harvested and notifying (i) The following provision will be calendar year 2000, unless additional Federal vessel and dealer permit holders incorporated into the grant/cooperative quota becomes available through a that no commercial quota is available agreement or sub-award: transfer. Regulations governing the for landing summer flounder in that summer flounder fishery require The Seat Belt Provision state. The Regional Administrator has publication of this notification to advise determined, based upon dealer reports Recipients of grants/cooperative the State of Maine that the quota has and other available information, that the agreements and/or sub-awards are been harvested and to advise vessel encouraged to adopt and enforce on-the-job State of Maine has attained its quota for seat belt use policies and programs for their permit holders and dealer permit 2000. employees when operating company-owned, holders that no commercial quota is The regulations at § 648.4(b) provide rented, or personally owned vehicles. These available for landing summer flounder that Federal permit holders agree, as a measures include, but are not limited to, in Maine. condition of the permit, not to land conducting education, awareness, and other DATES: Effective 0001 hours, June 28, summer flounder in any state after appropriate programs for their employees 2000, through December 31, 2000. about the importance of wearing seat belts NMFS has published a notification in FOR FURTHER INFORMATION CONTACT: Paul and the consequences of not wearing them. the Federal Register stating that the H. Jones, Fishery Policy Analyst, 978– [End of Provision] commercial quota for that state has been 281–9273. harvested and that no commercial quota (ii) [Reserved] SUPPLEMENTARY INFORMATION: is available. Therefore, effective 0001 [FR Doc. 00–16175 Filed 6–27–00; 8:45 am] Regulations governing the summer hours, June 28, 2000, further landings of BILLING CODE 4310±RF±P flounder fishery are found at 50 CFR summer flounder in Maine by vessels part 648. The regulations require annual holding commercial Federal fisheries specification of a commercial quota that permits are prohibited for the remainder DEPARTMENT OF COMMERCE is apportioned among the coastal states of the 2000 calendar year, unless from North Carolina through Maine. The additional quota becomes available National Oceanic and Atmospheric process to set the annual commercial through a transfer and is announced in Administration quota and the percent allocated to each the Federal Register. Effective 0001 state are described in § 648.100. hours, June 28, 2000, federally 50 CFR Part 648 The initial total commercial quota for permitted dealers are also advised that summer flounder for the 2000 calendar they may not purchase summer flounder [Docket No. 000119014±0137±02; I.D. year was set equal to 11,109,214 lb 061900G] from federally permitted vessels that (5,039,555 kg)(65 FR 33486, May 24, land in Maine for the remainder of the Fisheries of the Northeastern United 2000). The percent allocated to vessels calendar year, or until additional quota States; Summer Flounder Fishery; landing summer flounder in Maine is becomes available through a transfer. Commercial Quota Harvested for 0.04756 percent, or 5,284 lb (2,397 kg). Maine This allocation was adjusted due to an Classification overage in 1999, as provided in AGENCY: National Marine Fisheries § 648.100(e)(4), for a final allocation of This action is required by 50 CFR part Service (NMFS), National Oceanic and 3,956 lb (1,794 kg). 648 and is exempt from review under Atmospheric Administration (NOAA), Section 648.101(b) requires the E.O. 12866. Commerce. Regional Administrator, Northeast Authority: 16 U.S.C. 1801 et seq. Region, NMFS (Regional Administrator), ACTION: Commercial quota harvest. Dated: June 22, 2000. to monitor state commercial quotas and SUMMARY: NMFS announces that the to determine when a state’s commercial Bruce C. Morehead, summer flounder commercial quota quota is harvested. The Regional Acting Director, Office of Sustainable available to the State of Maine has been Administrator is further required to Fisheries, National Marine Fisheries Service. harvested. Vessels issued a commercial publish a notification in the Federal [FR Doc. 00–16349 Filed 6–27–00; 8:45 am] Federal fisheries permit for the summer Register advising a state that, effective BILLING CODE 3510±22±F

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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.

VerDate 112000 16:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm02 PsN: 28JNP1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules 39825 significantly affect these entities. estimated $0.3 million during FY 2000 PART 52Ð[AMENDED] Finally, except for those applicants who and an additional approximately $1.0 are required to obtain inspections in million in FY 2001 and should enable 1. The authority citation for part 52 connection with certain imports these PPB to cover its costs and re-establish continues to read as follows: businesses are under no obligation to adequate program reserves. Authority: 7 U.S.C. 1621–1627. use these inspection services. AMS proposes to increase the fees § 52.42 [Amended] Executive Order 12988 relating to lot inspection service and the fees for less than year round and year 2. In § 52.42, the figure ‘‘$43.00’’ is The rule has been reviewed under round inspection services. For revised to read ‘‘$47.00’’. Executive Order 12988, Civil Justice inspection services charged under Reform. This rule is not intended to § 52.50 [Amended] § 52.42, overtime and holiday work have a retroactive effect and will not 3. In § 52.50, the figure ‘‘$43.00’’ is would continue to be charged as preempt any State or local laws, revised to read ‘‘$47.00’’. provided in that section. For inspection regulations, or policies, unless they services charged on a contract basis § 52.51 [Amended] present an irreconcilable conflict with this rule. There are no administrative under § 52.51 overtime work would also 4. In § 52.51, paragraph (c)(1), the procedures which must be exhausted continue to be charged as provided in figure ‘‘$35.00’’ is revised to read prior to any judicial challenge to the that section. The following fee schedule ‘‘$36.00’’, in paragraph (c)(2), the figure provisions of this rule. compares current fees and charges with ‘‘$45.00’’ is revised to read ‘‘$48.00’’, proposed fees and charges for processed and in paragraph (d)(1), the figure Proposed Action fruit and vegetable inspection as found ‘‘$45.00’’ is revised to read ‘‘$48.00’’. in 7 CFR 52.42–52.51. Unless otherwise The AMA authorizes official Dated: June 22, 2000. provided for by regulation or written inspection, grading and certification for Robert C. Keeney, processed fruits, vegetables, and agreement between the applicant and the Administrator, the charges in the Deputy Administrator, Fruit and Vegetable processed products made from them. Programs. The AMA provides that the Secretary schedule of fees as found in § 52.42 are: [FR Doc. 00–16373 Filed 6–27–00; 8:45 am] collect reasonable fees from the users of Current Proposed the services to cover, as nearly as BILLING CODE 3410±02±P practicable, the costs of the services $43.00/hr...... $47.00/hr. rendered. This proposed rule will amend the schedule for fees for Charges for travel and other expenses DEPARTMENT OF TRANSPORTATION inspection services rendered to the as found in § 52.50 are: Federal Aviation Administration processed fruit and vegetable industry Current Proposed to reflect the costs necessary to operate 14 CFR Part 39 the program. $43.00/hr...... $47.00/hr. AMS regularly reviews its user fee Charges for year-round in-plant [Docket No. 99±NM±379±AD] programs to determine if the fees are inspection services on a contract basis adequate. While PPB continues to RIN 2120±AA64 as found in § 52.51 (c) are: pursue opportunities to reduce its costs, (1) For inspector assigned on a year- Airworthiness Directives; Airbus Model the existing fee schedule will not A330 and A340 Series Airplanes generate sufficient revenues to cover lot, round basis: and less than year round and year round Current Proposed AGENCY: Federal Aviation inspection program costs while Administration, DOT. maintaining an adequate reserve $35.00/hr...... $36.00/hr. ACTION: Notice of proposed rulemaking balance. (2) For inspector assigned on less than (NPRM). PPB programs for lot, year round, and a year-round basis: Each inspector: less than year round will have SUMMARY: This document proposes the obligations in FY 2000 of approximately Current Proposed adoption of a new airworthiness $12.9 million, necessitating a reserve of directive (AD) that is applicable to $4.3 million. The current reserve is $2.6 $45.00/hr...... $48.00/hr. certain Airbus Model A330 and A340 million. Current revenue projections for Charges for less than year-round in- series airplanes. This proposal would FY 2000 without a fee increase are $12.0 plant inspection services (four or more require revising the Airplane Flight million as program costs increase to consecutive 40 hour weeks) on a Manual to include new flight approximately $13.1 million in FY contract basis as found in § 52.51 (d) operational procedures for the fuel 2001. These cost increases will result are: system; repetitive inspections of the primarily from increases in salaries and trim transfer fuel line in the vicinity of (1) Each inspector: benefits. Accounting for a significant the aft pressure bulkhead located portion of the total operating budget, Current Proposed between frame (FR) 77 and FR86 to salaries rose from 3.54 to 4.02 percent, detect any discrepancy; and corrective effective January 1999, increasing the $45.00/hr...... $48.00/hr. actions, if necessary. This proposal also cost of operating these programs by List of Subjects in 7 CFR Part 52 would require modification of the air $295,000. A 4.8 percent pay increase release valve in the fuel trim tank effective January 1, 2000, increased Food grades and standards, Food transfer system, which would constitute program costs another $385,000. The labeling, Frozen foods, Fruit juices, terminating action for the requirements revenue projections, that include Fruits, Reporting and record keeping of this AD. This proposal is prompted proposed fees, are $12.3 million for FY requirements, Vegetables. by issuance of mandatory continuing 2000 and $13.5 million for FY 2001. The For the reasons set forth in the airworthiness information by a foreign proposed fee increase of approximately preamble, it is proposed that 7 CFR Part civil airworthiness authority. This 3 to 9 percent, should result in an 52 be amended as follows: action is necessary to prevent damage to

VerDate 112000 16:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm02 PsN: 28JNP1 39826 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules the fuel trim transfer system, which • For each issue, state what specific • A330–28–3060, Revision 02, could cause rupture of the trim transfer change to the proposed AD is being including Appendix 01 (for Airbus fuel line due to pressure build-up, and requested. Model A330 series airplanes); and result in fuel leakage from that fuel line. • Include justification (e.g., reasons or A340–28–4077, Revision 02, including This action is intended to address the data) for each request. Appendix 01 (for Airbus Model A340 identified unsafe condition. Comments are specifically invited on series airplanes); both dated May 27, DATES: Comments must be received by the overall regulatory, economic, 1999. These service bulletins describe July 28, 2000. environmental, and energy aspects of procedures for repetitive detailed visual ADDRESSES: Submit comments in the proposed rule. All comments inspections of the trim transfer fuel line triplicate to the Federal Aviation submitted will be available, both before in the vicinity of the aft pressure Administration (FAA), Transport and after the closing date for comments, bulkhead located between FR77 and Airplane Directorate, ANM–114, in the Rules Docket for examination by FR86 to detect any discrepancy; and Attention: Rules Docket No. 99–NM– interested persons. A report corrective actions, if necessary. 379–AD, 1601 Lind Avenue, SW., summarizing each FAA-public contact Discrepancies include deformation, Renton, Washington 98055–4056. concerned with the substance of this dents, kinks, and broken rivets of the Comments may be inspected at this proposal will be filed in the Rules fuel pipe and the pipe clamp, support location between 9:00 a.m. and 3:00 Docket. bracket, and shroud. Corrective actions p.m., Monday through Friday, except Commenters wishing the FAA to include the replacement of discrepant Federal holidays. Comments may also acknowledge receipt of their comments components such as the fuel pipe, pipe be sent via the Internet using the submitted in response to this notice clamps, pipe support brackets, and pipe following address: 9-anm- must submit a self-addressed, stamped shrouds of the trim transfer fuel line; [email protected]. Comments sent postcard on which the following and temporary deactivation of the trim via the Internet must contain ‘‘Docket statement is made: ‘‘Comments to fuel pipe isolation valve and auxiliary power unit (APU) isolation valve. No. 99–NM–379–AD’’ in the subject line Docket Number 99–NM–379–AD.’’ The • and need not be submitted in triplicate. postcard will be date stamped and A330–28–3063 (for Airbus Model Comments sent via the Internet as returned to the commenter. A330 series airplanes), and A340–28– attached electronic files must be 4079 (for Airbus Model A340 series Availability of NPRMs formatted in Microsoft Word 97 for airplanes); both dated October 6, 1999. Windows or ASCII text. Any person may obtain a copy of this These service bulletins describe The service information referenced in NPRM by submitting a request to the procedures for modifying the air release the proposed rule may be obtained from FAA, Transport Airplane Directorate, valve (ARV) in the trim transfer system. Airbus Industrie, 1 Rond Point Maurice ANM–114, Attention: Rules Docket No. Such modification includes cleaning Bellonte, 31707 Blagnac Cedex, France. 99–NM–379–AD, 1601 Lind Avenue, and lubricating certain components, This information may be examined at SW., Renton, Washington 98055–4056. installing an adapter, and installing two the FAA, Transport Airplane additional pressure relief valves on a Discussion Directorate, 1601 Lind Avenue, SW., spacer/adapter located between the air ´ ´ Renton, Washington. The Direction Geenerale de l’Aviation release elbow and the ARV. Airbus also has issued the following FOR FURTHER INFORMATION CONTACT: Civile (DGAC), which is the Temporary Revisions (TR) to the Normal Norman B. Martenson, Manager, airworthiness authority for France, Procedures Section of the FAA- International Branch, ANM–116, FAA, notified the FAA that an unsafe approved Airbus A330 and A340 Transport Airplane Directorate, 1601 condition may exist on certain Airbus Airplane Flight Manuals (AFM), which Lind Avenue, SW., Renton, Washington Model A330 and A340 series airplanes. include new flight operational 98055–4056; telephone (425) 227–2110; Reports of findings indicate damaged fuel pipe shrouds on the trim transfer procedures for the fuel system: fax (425) 227–1149. • TR 4.03.00/09, TR 4.03.00/10, and fuel line, in the vicinity of the aft SUPPLEMENTARY INFORMATION: TR 4.03.00/12 (for Model A330 series pressure bulkhead located between Comments Invited airplanes), all dated July 23, 1999. frame (FR) 77 and FR86. Another report • TR 4.03.00/20 (for Model A340 Interested persons are invited to indicated that the fuel pipe also was series airplanes), dated July 23, 1999. participate in the making of the damaged and that fuel leaked into the Accomplishment of the actions proposed rule by submitting such area behind the bulk cargo specified in the service bulletins and written data, views, or arguments as compartment. Such damage is TR’s is intended to adequately address they may desire. Communications shall considered to be caused by excessive the identified unsafe condition. The identify the Rules Docket number and build-up of pressure in the trim transfer DGAC classified Airbus Service Bulletin be submitted in triplicate to the address fuel line. The DGAC advises that A330–28–3060 and A340–28–4077 as specified above. All communications installation of two additional pressure mandatory and issued the following received on or before the closing date relief valves on the fuel line in the trim French airworthiness directives in order for comments, specified above, will be tank will prevent damage to the trim to assure the continued airworthiness of considered before taking action on the transfer fuel system. Such damage, if not these airplanes in France. proposed rule. The proposals contained corrected, could cause rupture of the • 1999–046–091(B), Revision 4, dated in this notice may be changed in light trim transfer fuel line due to pressure December 15, 1999 (for Model A330 of the comments received. build-up, and result in fuel leaking from series airplanes). Submit comments using the following that line into the area behind the bulk • 1999–045–111(B), Revision 4, dated format: cargo compartment. December 15, 1999 (for Model A340 • Organize comments issue-by-issue. Explanation of Relevant Service series airplanes. For example, discuss a request to Information change the compliance time and a FAA’s Conclusions request to change the service bulletin Airbus has issued the following These airplane models are reference as two separate issues. service bulletins: manufactured in France and are type

VerDate 112000 16:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm02 PsN: 28JNP1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules 39827 certificated for operation in the United inspections. Long-term inspections may on a substantial number of small entities States under the provisions of section not be providing the degree of safety under the criteria of the Regulatory 21.29 of the Federal Aviation assurance necessary for the transport Flexibility Act. A copy of the draft Regulations (14 CFR 21.29) and the airplane fleet. This, coupled with a regulatory evaluation prepared for this applicable bilateral airworthiness better understanding of the human action is contained in the Rules Docket. agreement. Pursuant to this bilateral factors associated with numerous A copy of it may be obtained by airworthiness agreement, the DGAC has continual inspections, has led the FAA contacting the Rules Docket at the kept the FAA informed of the situation to consider placing less emphasis on location provided under the caption described above. The FAA has inspections and more emphasis on ADDRESSES. examined the findings of the DGAC, design improvements. The proposed List of Subjects in 14 CFR Part 39 reviewed all available information, and modification requirement is consistent determined that AD action is necessary with these conditions. Air transportation, Aircraft, Aviation for products of this type design that are safety, Safety. Cost Impact certificated for operation in the United The Proposed Amendment States. The FAA estimates that 3 Airbus Model A330 series airplanes of U.S. Accordingly, pursuant to the Explanation of Requirements of Registry would be affected by this authority delegated to me by the Proposed Rule proposed AD. Administrator, the Federal Aviation Since an unsafe condition has been It would require approximately 1 Administration proposes to amend part identified that is likely to exist or work hour to accomplish the revision to 39 of the Federal Aviation Regulations develop on other airplanes of the same the AFM, at an average labor rate of $60 (14 CFR part 39) as follows: type design registered in the United per work hour. Based on this figure, the States, the proposed AD would require cost impact of the AFM revision PART 39ÐAIRWORTHINESS accomplishment of the actions specified proposed by this AD action would be DIRECTIVES in the service bulletins described $180, or $60 per airplane. 1. The authority citation for part 39 previously, except as discussed below. It would require approximately 2 continues to read as follows: work hours to accomplish each Difference Between Proposed Rule and inspection, at an average labor rate of Authority: 49 U.S.C. 106(g), 40113, 44701. Relevant Service Information $60 per work hour. Based on this figure, § 39.13 [Amended] Airbus Service Bulletin A330–28– the cost impact of each inspection 2. Section 39.13 is amended by 3060, Revision 02, and A340–28–4077, proposed by this AD action would be adding the following new airworthiness Revision 02, both dated May 27, 1999, $360, or $120 per airplane. directive: specify certain actions following It would require approximately 3 Airbus Industrie: Docket 99–NM–379–AD. deactivation of the trim fuel pipe work hours to accomplish the Applicability: Model A330 and A340 series isolation valve and the APU isolation installation of the additional pressure airplanes, certificated in any category, except valve. Those actions include replacing relief valves in the fuel trim tank, at an those airplanes on which Airbus the fuel pipe and pipe shroud and average labor rate of $60 per work hour. Modification 47293 has been installed in reactivating the trim fuel pipe isolation Based on this figure, the cost impact of production, or on which the modification has valve and the APU isolation valve ‘‘at the installation proposed by this AD been accomplished in accordance with the next convenient opportunity.’’ action would be $540, or $180 per Airbus Service Bulletin A330–28–3063 or The FAA does not agree with airplane. A340–28–4079, both dated October 6, 1999, allowing the trim fuel pipe isolation The cost impact figures discussed as applicable. valve to be deactivated with no above are based on assumptions that no Note 1: This AD applies to each airplane definitive time specified for operator has yet accomplished any of identified in the preceding applicability replacement and reactivation. Instead, the proposed requirements of this AD provision, regardless of whether it has been otherwise modified, altered, or repaired in this AD would allow deactivation of the action, and that no operator would the area subject to the requirements of this valve for a limited period of time (10 accomplish those actions in the future if AD. For airplanes that have been modified, days) in accordance with the FAA- this AD were not adopted. altered, or repaired so that the performance approved Master Minimum Equipment Regulatory Impact of the requirements of this AD is affected, the List, after which time the replacement owner/operator must request approval for an and reactivation is required prior to The regulations proposed herein alternative method of compliance in further flight. would not have a substantial direct accordance with paragraph (d) of this AD. effect on the States, on the relationship The request should include an assessment of Differences Between Proposed Rule and between the national Government and the effect of the modification, alteration, or the French Airworthiness Directives the States, or on the distribution of repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not The proposed AD would differ from power and responsibilities among the been eliminated, the request should include the parallel French airworthiness various levels of government. Therefore, specific proposed actions to address it. directives in that it would mandate the it is determined that this proposal Compliance: Required as indicated, unless accomplishment of the terminating would not have federalism implications accomplished previously. action for the repetitive inspections and under Executive Order 13132. To prevent damage to the trim transfer fuel AFM revisions. The French For the reasons discussed above, I system, which could cause rupture of the airworthiness directives provide for the certify that this proposed regulation (1) trim transfer fuel line due to pressure build- terminating action as optional. is not a ‘‘significant regulatory action’’ up, and result in fuel leakage from that line; Mandating the terminating action is under Executive Order 12866; (2) is not accomplish the following: based on the FAA’s determination that a ‘‘significant rule’’ under the DOT Airplane Flight Manual Revision long-term continued operational safety Regulatory Policies and Procedures (44 (a) Within 10 days after the effective date will be better assured by modifications FR 11034, February 26, 1979); and (3) if of this AD, revise the Limitations and Normal or design changes to remove the source promulgated, will not have a significant Procedures section of the FAA-approved of the problem, rather than by repetitive economic impact, positive or negative, Airplane Flight Manual (AFM) to include the

VerDate 112000 16:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm02 PsN: 28JNP1 39828 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules information specified in Airbus Temporary installing two additional pressure relief repetitive inspections to detect fatigue Revision (TR) 4.03.00/09, TR 4.03.00/10, and valves, and installing the adapter and ARV) cracking of the longeron splice fittings TR 4.03.00/12 (for Model A330 series in accordance with the Accomplishment at stringer 11 on the left and right sides airplanes); or TR 4.03.00/20 (for Model A340 Instructions of Airbus Service Bulletin A330– at body station 2598, and various series airplanes); all dated July 23, 1999; as 28–3063 or A340–28–4079, both dated applicable. October 6, 1999, as applicable. follow-on actions. This action is necessary to detect and correct fatigue Note 2: The AFM revision required by Accomplishment of such modification paragraph (a) of this AD may be constitutes terminating action for the AFM cracking of the longeron splice fittings accomplished by inserting a copy of the revisions and the repetitive inspections and subsequent damage to adjacent applicable TR into the applicable section of required by this AD. structure. Such damage could result in the AFM. When the temporary revisions Alternative Methods of Compliance the inability of the structure to carry required by paragraph (a) of this AD have horizontal stabilizer flight loads, and (d) An alternative method of compliance or been incorporated into the general revisions consequent reduced controllability of of the AFM, the general revisions may be adjustment of the compliance time that provides an acceptable level of safety may be the horizontal stabilizer. This action is inserted into the AFM, provided that the intended to address the identified information contained in the general used if approved by the Manager, revisions is identical to that specified in the International Branch, ANM–116, FAA, unsafe condition. temporary revisions. Transport Airplane Directorate. Operators DATES: Comments must be received by shall submit their requests through an August 14, 2000. Inspections appropriate FAA Principal Maintenance Inspector, who may add comments and then ADDRESSES: Submit comments in (b) Within 1,000 flight hours after the triplicate to the Federal Aviation effective date of this AD, perform a detailed send it to the Manager, International Branch, ANM–116. Administration (FAA), Transport visual inspection of the trim transfer fuel line Airplane Directorate, ANM–114, in the vicinity of the aft pressure bulkhead Note 4: Information concerning the located between frame (FR) 77 and FR86 to existence of approved alternative methods of Attention: Rules Docket No. 99–NM– detect any discrepancy (including compliance with this AD, if any, may be 326–AD, 1601 Lind Avenue, SW., deformation, dents, kinks, and broken rivets obtained from the International Branch, Renton, Washington 98055–4056. of the fuel pipe and pipe clamp, support ANM–116. Comments may be inspected at this bracket, and shroud) in accordance with the Special Flight Permits location between 9 a.m. and 3 p.m., Accomplishment Instructions of Airbus Monday through Friday, except Federal Service Bulletin A330–28–3060, Revision 02 (e) Special flight permits may be issued in holidays. Comments may be submitted accordance with §§ 21.197 and 21.199 of the (for Model A330 series airplanes), or A340– via fax to (425) 227–1232. Comments 28–4077, Revision 02 (for Model A340 series Federal Aviation Regulations (14 CFR 21.197 airplanes), both dated May 27, 1999, as and 21.199) to operate the airplane to a may also be sent via the Internet using applicable. Repeat the inspection thereafter location where the requirements of this AD the following address: 9-anm- at intervals not to exceed 1,000 flight hours can be accomplished. [email protected]. Comments sent until the modification required by paragraph Note 5: The subject of this AD is addressed via fax or the Internet must contain (c) of this AD has been accomplished. in French airworthiness directives 1999– ‘‘Docket No. 99–NM–326–AD’’ in the Note 3: Inspections accomplished prior to 046–091(B), Revision 4 (for Model A330 subject line and need not be submitted the effective date of this AD in accordance series airplanes), and 1999–045–111(B), in triplicate. Comments sent via the with Operator Information Telex/Flight Revision 4 (for Model A340 series airplanes), Internet as attached electronic files must Operations Telex (OIT/FOT) 999.0142/98, both dated December 15, 1999. be formatted in Microsoft Word 97 for dated December 23, 1998, are considered Windows or ASCII text. acceptable for compliance with the INITIAL Issued in Renton, Washington, on June 22, detailed visual inspection required by 2000. The service information referenced in paragraph (b) of this AD. Donald L. Riggin, the proposed rule may be obtained from Acting Manager, Transport Airplane Boeing Commercial Airplane Group, PO Corrective Actions Directorate, Aircraft Certification Service. Box 3707, Seattle, Washington 98124– (1) If any discrepancy is detected during [FR Doc. 00–16360 Filed 6–27–00; 8:45 am] 2207. This information may be any inspection required by paragraph (b) of examined at the FAA, Transport BILLING CODE 4910±13±U this AD, prior to further flight, accomplish Airplane Directorate, 1601 Lind applicable corrective actions [including Avenue, SW., Renton, Washington. replacement of any damaged components FOR FURTHER INFORMATION CONTACT: and deactivation of the trim fuel pipe DEPARTMENT OF TRANSPORTATION Rick isolation valve and auxiliary power unit Kawaguchi, Aerospace Engineer, (APU) isolation valve] in accordance with the Federal Aviation Administration Airframe Branch, ANM–120S, FAA, Accomplishment Instructions and Figure 2 of Transport Airplane Directorate, Seattle the applicable service bulletin. 14 CFR Part 39 Aircraft Certification Office, 1601 Lind Replacement of Pipe Shroud and Pipe [Docket No. 99±NM±326±AD] Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–1153; (2) If the isolation valves of the trim fuel RIN 2120±AA64 fax (425) 227–1181. pipe and APU are deactivated in accordance SUPPLEMENTARY INFORMATION: with the FAA-approved Master Minimum Airworthiness Directives; Boeing Equipment List during accomplishment of Model 747±400 Series Airplanes Comments Invited the corrective actions required by paragraph (b)(1) of this AD: Within 10 days after AGENCY: Federal Aviation Interested persons are invited to deactivation, replace the pipe shroud and Administration, DOT. participate in the making of the pipe, as applicable, and reactivate the valves, ACTION: Notice of proposed rulemaking proposed rule by submitting such in accordance with the applicable service (NPRM). written data, views, or arguments as bulletin. they may desire. Communications shall Terminating Action SUMMARY: This document proposes the identify the Rules Docket number and (c) Within 18 months after the effective adoption of a new airworthiness be submitted in triplicate to the address date of this AD, modify the air release valve directive (AD) that is applicable to specified above. All communications (ARV) in the trim tank system (including certain Boeing Model 747–400 series received on or before the closing date cleaning and lubricating certain components, airplanes. This proposal would require for comments, specified above, will be

VerDate 112000 18:57 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm03 PsN: 28JNP1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules 39829 considered before taking action on the Related Rulemaking Operators also should note that the proposed rule. The proposals contained This proposed AD is related to AD alert service bulletin specifies that the corrective actions required by this in this notice may be changed in light 2000–10–23, amendment 39–11748 (65 proposed AD may be accomplished in of the comments received. FR 34061, June 30, 2000), which is accordance with ‘‘an operator’s Submit comments using the following applicable to certain Boeing Model 747– equivalent procedure.’’ However, this format: 100, –200, –300, 747SR, and 747SP • proposed AD requires that an Organize comments issue-by-issue. series airplanes. That AD requires ‘‘operator’s equivalent procedure’’ may For example, discuss a request to repetitive inspections to detect cracking be used only in accordance with the change the compliance time and a of the longeron splice fittings at stringer procedures specified in the operator’s request to change the service bulletin 11, on the left and right sides at body maintenance manual. reference as two separate issues. station 2598, and replacement of any • This proposed AD would mandate For each issue, state what specific cracked fitting with a new fitting. This change to the proposed AD is being rework or replacement of all four NPRM proposes similar actions for longeron splice fittings on the requested. Boeing Model 747–400 series airplanes. • Include justification (e.g., reasons or applicable side of the airplane if any of data) for each request. Explanation of Relevant Service the four fittings on that side are Comments are specifically invited on Information reworked or replaced. The alert service bulletin provides for that action as the overall regulatory, economic, The FAA has reviewed and approved recommended. environmental, and energy aspects of Boeing Alert Service Bulletin 747– the proposed rule. All comments 53A2419, dated December 17, 1998, Cost Impact submitted will be available, both before which describes procedures for There are approximately 490 and after the closing date for comments, repetitive detailed visual inspections to airplanes of the affected design in the in the Rules Docket for examination by detect cracking of the longeron splice worldwide fleet. The FAA estimates that interested persons. A report fittings at stringer 11, on the left and 59 airplanes of U.S. registry would be summarizing each FAA-public contact right sides at body station 2598. If no affected by this proposed AD. concerned with the substance of this cracking is detected, follow-on actions It would take approximately 2 work proposal will be filed in the Rules include rework of the fittings or hours (1 hour per each side) per Docket. replacement of the fittings with new airplane to accomplish the proposed Commenters wishing the FAA to fittings, and repetitive inspections to inspection, at an average labor rate of acknowledge receipt of their comments detect cracking. If any cracking is $60 per work hour. Based on these submitted in response to this notice detected, the corrective action is to be figures, the cost impact of the proposed must submit a self-addressed, stamped accomplished prior to further flight. The inspection on U.S. operators is postcard on which the following corrective action includes replacement estimated to be $7,080, or $120 per statement is made: ‘‘Comments to of all four longeron splice fittings on the airplane, per inspection cycle. Docket Number 99–NM–326–AD.’’ The affected side, and repetitive detailed It would take approximately 12 work postcard will be date stamped and visual inspections to detect cracking. hours (6 hours per each side) per returned to the commenter. Accomplishment of the actions airplane to accomplish the proposed Availability of NPRMs specified in the alert service bulletin is rework or replacement, at an average intended to adequately address the labor rate of $60 per work hour. Any person may obtain a copy of this identified unsafe condition. Required parts would cost between $731 NPRM by submitting a request to the and $7,906 per airplane. Based on these FAA, Transport Airplane Directorate, Explanation of Requirements of Proposed Rule figures, the cost impact of the proposed ANM–114, Attention: Rules Docket No. rework or replacement on U.S. operators 99–NM–326–AD, 1601 Lind Avenue, Since an unsafe condition has been is estimated to be between $1,451 and SW., Renton, Washington 98055–4056. identified that is likely to exist or $8,626 per airplane. develop on other products of this same Discussion The cost impact figures discussed type design, the proposed AD would above are based on assumptions that no The FAA has received reports require accomplishment of the actions operator has yet accomplished any of indicating that fatigue cracking was specified in the alert service bulletin the proposed requirements of this AD detected on the longeron splice fittings described previously, except as action, and that no operator would at stringer 11 on certain Boeing Model discussed below. accomplish those actions in the future if 747–100, –200, –300, 747SR and 747SP this proposed AD were not adopted. The series airplanes. On three airplanes with Differences Between Proposed Rule and Alert Service Bulletin cost impact figures discussed in AD flight cycles ranging from 16,867 to rulemaking actions represent only the 27,146, and with flight hours ranging Operators should note that, although time necessary to perform the specific from 30,198 to 62,783, the splice fitting the alert service bulletin specifies that actions actually required by the AD. cracks that were detected measured up the manufacturer may be contacted for These figures typically do not include to 1.5 inches long. The longeron splice disposition of certain repair or incidental costs, such as the time fittings on Model 747–400 series replacement conditions, this AD required to gain access and close up, airplanes affected by this proposal are requires the repair or replacement of planning time, or time necessitated by identical to those on which the fatigue those conditions to be accomplished in other administrative actions. cracking was detected. Such fatigue accordance with a method approved by cracking, and subsequent damage to the FAA, or in accordance with data Regulatory Impact adjacent structure, could result in the meeting the type certification basis of The regulations proposed herein inability of the structure to carry the airplane approved by a Boeing would not have a substantial direct horizontal stabilizer flight loads, and Company Designated Engineering effect on the States, on the relationship consequent reduced controllability of Representative who has been authorized between the national Government and the horizontal stabilizer. by the FAA to make such findings. the States, or on the distribution of

VerDate 112000 16:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm02 PsN: 28JNP1 39830 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules power and responsibilities among the To detect and correct fatigue cracking of December 17, 1998. Repeat the inspection various levels of government. Therefore, the longeron splice fittings and subsequent required by paragraph (a) of this AD one time it is determined that this proposal damage to adjacent structure, which could within 20,000 flight cycles or 72,000 flight result in the inability of the structure to carry hours after the replacement, whichever would not have federalism implications horizontal stabilizer flight loads, and occurs first; and thereafter at intervals not to under Executive Order 13132. consequent reduced controllability of the For the reasons discussed above, I horizontal stabilizer; accomplish the exceed 3,000 flight cycles or 18,000 flight certify that this proposed regulation: (1) following: hours, whichever occurs first. Is not a ‘‘significant regulatory action’’ (3) Repeat the inspection required by under Executive Order 12866; (2) is not Initial Detailed Visual Inspection paragraph (a) of this AD at intervals not to a ‘‘significant rule’’ under the DOT (a) Perform a detailed visual inspection to exceed 3,000 flight cycles or 18,000 flight Regulatory Policies and Procedures (44 detect cracking of the longeron fittings at hours, whichever occurs first. stringer 11, on the left and right sides at body FR 11034, February 26, 1979); and (3) if station 2598, at the later of the times Corrective Action/Repetitive Inspections promulgated, will not have a significant specified in paragraphs (a)(1) and (a)(2) of economic impact, positive or negative, (c) If any cracking is detected during any this AD, in accordance with the inspection required by paragraph (a) or (b)(3) on a substantial number of small entities Accomplishment Instructions of Boeing Alert of this AD, prior to further flight: Replace all under the criteria of the Regulatory Service Bulletin 747–53A2419, dated four longeron splice fittings on the affected Flexibility Act. A copy of the draft December 17, 1998. side in accordance with Part 2 of the regulatory evaluation prepared for this (1) Inspect prior to the accumulation of Accomplishment Instructions of Boeing Alert action is contained in the Rules Docket. 17,000 total flight cycles or 63,000 total flight hours, whichever occurs first. Service Bulletin 747–53A2419, dated A copy of it may be obtained by (2) Inspect within 24 months after the December 17, 1998. Repeat the inspection contacting the Rules Docket at the effective date of this AD. required by paragraph (a) of this AD one time location provided under the caption Note 2: Where there are differences within 20,000 flight cycles or 72,000 flight ADDRESSES. between the AD and the alert service hours after the replacement, whichever List of Subjects in 14 CFR Part 39 bulletin, the AD prevails. occurs first; and thereafter at intervals not to exceed 3,000 flight cycles or 18,000 flight Air transportation, Aircraft, Aviation Note 3: For the purposes of this AD, a hours, whichever occurs first. safety, Safety. detailed visual inspection is defined as: ‘‘An intensive visual examination of a specific (d) If any cracking is detected during any The Proposed Amendment structural area, system, installation, or inspection required by paragraph (b)(1), assembly to detect damage, failure, or (b)(2), or (c) of this AD, repair in accordance Accordingly, pursuant to the irregularity. Available lighting is normally authority delegated to me by the with a method approved by the Manager, supplemented with a direct source of good Seattle Aircraft Certification Office (ACO), Administrator, the Federal Aviation lighting at intensity deemed appropriate by FAA, Transport Airplane Directorate; or in Administration proposes to amend part the inspector. Inspection aids such as mirror, 39 of the Federal Aviation Regulations magnifying lenses, etc., may be used. Surface accordance with data meeting the type certification basis of the airplane approved (14 CFR part 39) as follows: cleaning and elaborate access procedures may be required.’’ by a Boeing Company Designated PART 39ÐAIRWORTHINESS Engineering Representative (DER) who has Rework/Replacement/Repetitive Inspections DIRECTIVES been authorized by the Manager, Seattle (b) If no cracking is detected during the ACO, to make such findings. For a repair 1. The authority citation for part 39 inspection required by paragraph (a) of this method to be approved by the Manager, continues to read as follows: AD, accomplish the requirements of either Seattle ACO, as required by this paragraph, paragraph (b)(1), (b)(2), or (b)(3) of this AD. Authority: 49 U.S.C. 106(g), 40113, 44701. the approval letter must specifically (1) Prior to further flight, rework all four reference this AD. § 39.13 [Amended] longeron splice fittings on the left and right sides at body station 2598, in accordance Note 4: There is no terminating action 2. Section 39.13 is amended by with Part 3 of the Accomplishment currently available for the inspections adding the following new airworthiness Instructions of Boeing Alert Service Bulletin required by this AD. directive: 747–53A2419, dated December 17, 1998. Alternative Methods of Compliance Boeing: Docket 99–NM–326–AD. Repeat the inspection required by paragraph (a) of this AD one time at the later of the Applicability: Model 747–400 series (e) An alternative method of compliance or times specified in paragraphs (b)(1)(i) and adjustment of the compliance time that airplanes, as listed in Boeing Alert Service (b)(1)(ii) of this AD, and thereafter at provides an acceptable level of safety may be Bulletin 747–53A2419, dated December 17, intervals not to exceed 3,000 flight cycles or 1998; certificated in any category. 18,000 flight hours, whichever occurs first. used if approved by the Manager, Seattle Note 1: This AD applies to each airplane (i) For airplanes on which the rework is ACO. Operators shall submit their requests identified in the preceding applicability accomplished prior to the accumulation of through an appropriate FAA Principal provision, regardless of whether it has been 7,000 total flight cycles and prior to the Maintenance Inspector, who may add modified, altered, or repaired in the area accumulation of 25,000 total flight hours: comments and then send it to the Manager, subject to the requirements of this AD. For Inspect within 20,000 flight cycles or 72,000 Seattle ACO. airplanes that have been modified, altered, or flight hours after rework, whichever occurs Note 5: Information concerning the repaired so that the performance of the first. existence of approved alternative methods of requirements of this AD is affected, the (ii) For airplanes on which the rework is owner/operator must request approval for an accomplished at or after the accumulation of compliance with this AD, if any, may be alternative method of compliance in 7,000 total flight cycles, or 25,000 total flight obtained from the Seattle ACO. accordance with paragraph (e) of this AD. hours: Inspect within 10,000 flight cycles or The request should include an assessment of 36,000 flight hours after rework, whichever Special Flight Permit the effect of the modification, alteration, or occurs first. (f) Special flight permits may be issued in repair on the unsafe condition addressed by (2) Prior to further flight, replace all four accordance with §§ 21.197 and 21.199 of the this AD; and, if the unsafe condition has not longeron splice fittings on the left and right Federal Aviation Regulations (14 CFR 21.197 been eliminated, the request should include sides at body station 2598 with new fittings, and 21.199) to operate the airplane to a specific proposed actions to address it. in accordance with Part 2 of the location where the requirements of this AD Compliance: Required as indicated, unless Accomplishment Instructions of Boeing Alert accomplished previously. Service Bulletin 747–53A2419, dated can be accomplished.

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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

VerDate 112000 16:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm02 PsN: 28JNP1 39832 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules of § 21.29 of the Federal Aviation the proposed requirements of this AD those on which British Aerospace Regulations (14 CFR 21.29) and the action, and that no operator would Modification HCM01307A or HCM01307B applicable bilateral airworthiness accomplish those actions in the future if [Reference Repair Instruction (R.I.L. agreement. Pursuant to this bilateral this AD were not adopted. HC571H9033)] has been accomplished. airworthiness agreement, the CAA has Note 1: This AD applies to each airplane Regulatory Impact kept the FAA informed of the situation identified in the preceding applicability The regulations proposed herein provision, regardless of whether it has been described above. The FAA has otherwise modified, altered, or repaired in examined the findings of the CAA, would not have a substantial direct the area subject to the requirements of this reviewed all available information, and effect on the States, on the relationship AD. For airplanes that have been modified, determined that AD action is necessary between the national Government and altered, or repaired so that the performance for products of this type design that are the States, or on the distribution of of the requirements of this AD is affected, the certificated for operation in the United power and responsibilities among the owner/operator must request approval for an States. various levels of government. Therefore, alternative method of compliance in it is determined that this proposal accordance with paragraph (c) of this AD. Explanation of Requirements of would not have federalism implications The request should include an assessment of Proposed Rule the effect of the modification, alteration, or under Executive Order 13132. repair on the unsafe condition addressed by Since an unsafe condition has been For the reasons discussed above, I this AD; and, if the unsafe condition has not identified that is likely to exist or certify that this proposed regulation (1) been eliminated, the request should include develop on other airplanes of the same is not a ‘‘significant regulatory action’’ specific proposed actions to address it. type design registered in the United under Executive Order 12866; (2) is not Compliance: Required as indicated, unless States, the proposed AD would require a ‘‘significant rule’’ under the DOT accomplished previously. accomplishment of the actions specified Regulatory Policies and Procedures (44 To prevent increased loads on the upper in the service bulletin described FR 11034, February 26, 1979); and (3) if wing skin due to looseness of the stringer previously, except as discussed below. promulgated, will not have a significant fittings and bolts at Ribs 0 and 2 of the wings, economic impact, positive or negative, which could result in reduced structural Differences Between Proposed Rule and on a substantial number of small entities integrity of the wings, accomplish the the Service Bulletin following: under the criteria of the Regulatory Operators should note that, although Flexibility Act. A copy of the draft Inspections and Modification the service bulletin specifies that the regulatory evaluation prepared for this (a) Prior to the accumulation of 14,000 total manufacturer may be contacted for action is contained in the Rules Docket. flight cycles, or within 4,000 flight cycles disposition of certain repair conditions, A copy of it may be obtained by after the effective date of this AD, whichever this proposal would require the repair of contacting the Rules Docket at the occurs later: Perform a detailed visual those conditions to be accomplished in location provided under the caption inspection of the stringers and a torque check accordance with a method approved by of the Jo-bolts at Ribs 0 and 2 of the wings ADDRESSES. for discrepancies (including loose Jo-bolts either the FAA or the CAA (or its List of Subjects in 14 CFR Part 39 and stringer crown fittings, fretting of fittings delegated agent). In light of the type of and stringers, and cracking or damage of repair that would be required to address Air transportation, Aircraft, Aviation attachments); in accordance with British the identified unsafe condition, and in safety, Safety. Aerospace Service Bulletin SB.57–56, dated consonance with existing bilateral September 2, 1999. The Proposed Amendment airworthiness agreements, the FAA has (1) If no discrepancy is found, or, if 1, 2, determined that, for this proposed AD, Accordingly, pursuant to the or 3 loose Jo-bolts are found per rib side and a repair approved by either the FAA or authority delegated to me by the no loose crown (dagger) fittings are found the CAA would be acceptable for Administrator, the Federal Aviation (Category 1 or 2, as specified in Table 2 of Administration proposes to amend part paragraph D. ‘‘Compliance’’ of the service compliance with this proposed AD. bulletin), accomplish the actions required in 39 of the Federal Aviation Regulations Cost Impact paragraphs (a)(1)(i) and (a)(1)(ii) of this AD. (14 CFR part 39) as follows: (i) Repeat the inspection thereafter at the The FAA estimates that 20 airplanes applicable times specified in Table 2, until of U.S. registry would be affected by this PART 39ÐAIRWORTHINESS accomplishment of the actions required by proposed AD. DIRECTIVES paragraph (a)(1)(ii). It would take approximately 8 work 1. The authority citation for part 39 (ii) Prior to accumulation of 40,000 total flight cycles, or within 4,000 flight cycles hours per airplane to accomplish the continues to read as follows: proposed inspection, at an average labor after the effective date of this AD, whichever rate of $60 per work hour. Based on Authority: 49 U.S.C. 106(g), 40113, 44701. occurs later: Modify all stringer crown these figures, the cost impact of the fittings at Ribs 0 and 2 of the wings § 39.13 [Amended] (including inspections, repairs, and proposed inspection on U.S. operators is 2. Section 39.13 is amended by installation of oversize interference fit estimated to be $9,600, or $480 per adding the following new airworthiness fasteners per R.I.L. HC571H9033) in airplane, per inspection cycle. directive: accordance with the service bulletin, except It would take approximately 450 work as required by paragraph (b) of this AD. This hours per airplane (including access and British Aerospace Regional Aircraft modification terminates the requirements of close) to accomplish the proposed (Formerly British Aerospace Regional this AD. modification, at an average labor rate of Aircraft Limited, Avro International (2) If any other discrepancy is found, as Aerospace Division; British Aerospace, specified in Table 2 (Categories 3 through 6): $60 per work hour. Based on these PLC; British Aerospace Commercial figures, the cost impact of the proposed At the applicable times specified in Table 2, Aircraft Limited): Docket 99–NM–355– repeat the inspection thereafter, and modify modification on U.S. operators is AD. all crown fittings at Ribs 0 and 2 of the wings estimated to be $540,000, or $27,000 per Applicability: All Model BAe 146 series (including inspections, repairs, and airplane. airplanes; and Model Avro 146–RJ series installation of oversize interference fit The cost impact figures discussed airplanes, as listed in British Aerospace fasteners per R.I.L. HC571H9033); in above are based on assumptions that no Service Bulletin SB.57–56, dated September accordance with the service bulletin, except operator has yet accomplished any of 2, 1999; certificated in any category; except as required by paragraph (b) of this AD. This

VerDate 112000 16:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm02 PsN: 28JNP1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules 39833 modification terminates the requirements of DEPARTMENT OF TRANSPORTATION environmental, and energy-related this AD. aspects of the proposal. Note 2: For the purposes of this AD, a Federal Aviation Administration Communications should identify the detailed visual inspection is defined as: ‘‘An airspace docket number and be intensive visual examination of a specific 14 CFR Part 71 submitted in triplicate to the address structural area, system, installation, or [Airspace Docket No. 00±AAL±03] listed above. Commenters wishing the assembly to detect damage, failure, or FAA to acknowledge receipt of their irregularity. Available lighting is normally Proposed Modification and Revocation comments on this notice must submit supplemented with a direct source of good of Federal Airways; AK with those comments a self-addressed, lighting at intensity deemed appropriate by stamped postcard on which the the inspector. Inspection aids such as mirror, AGENCY: Federal Aviation following statement is made: magnifying lenses, etc., may be used. Surface Administration (FAA), DOT. ‘‘Comments to Airspace Docket No. 00– cleaning and elaborate access procedures ACTION: Notice of proposed rulemaking AAL–03.’’ The postcard will be date/ may be required.’’ (NPRM). time stamped and returned to the commenter. All communications Approved Repairs SUMMARY: This action proposes to received on or before the specified (b) Where British Aerospace Service revoke one jet route (J–155), and to closing date for comments will be Bulletin SB.57–56, dated September 2, 1999, modify two jet routes (J–115 and J–125), considered before taking action on the specifies to contact the manufacturer for a two Very High Frequency proposed rule. The proposal contained repair, prior to further flight, repair in Omnidirectional Range (VOR) Federal in this notice may be changed in light accordance with a method approved by airways (V–447 and V–436), and one of comments received. All comments either the Manager, International Branch, colored Federal airway (A–15) in submitted will be available for ANM–116, FAA, Transport Airplane Alaska. The FAA is proposing this examination in the Rules Docket both Directorate; or the Civil Aviation Authority of action to remove all airways and routes before and after the closing date for the United Kingdom (or its delegated agent). off the Chandalar Lake Nondirectional comments. A report summarizing each For a repair method to be approved by the Radio Beacon (NDB), AK, in preparation substantive public contact with FAA Manager, International Branch, ANM–116, as for the NDB’s eventual personnel concerned with this required by this paragraph, the Manager’s decommissioning from the National rulemaking will be filed in the docket. approval letter must specifically reference Airspace System (NAS). Availability of NPRM’s this AD. DATES: Comments must be received on An electronic copy of this document Alternative Methods of Compliance or before August 14, 2000. may be downloaded, using a modem (c) An alternative method of compliance or ADDRESSES: Send comments on the proposal in triplicate to: Manager, Air and suitable communications software, adjustment of the compliance time that from the FAA regulations section of the provides an acceptable level of safety may be Traffic Division, AAL–500, Docket No. 00–AAL–03, Federal Aviation Fedworld electronic bulletin board used if approved by the Manager, service (telephone: 703–321–3339) or International Branch, ANM–116. Operators Administration, 222 West 7th Avenue, #14, Anchorage, AK 99533. the Federal Register’s electronic bulletin shall submit their requests through an board service (telephone: 202–512– appropriate FAA Principal Maintenance The official docket may be examined in the Rules Docket, Office of the Chief 1661). Inspector, who may add comments and then Internet users may reach the FAA’s Counsel, Room 916, 800 Independence send it to the Manager, International Branch, web page at http://www.faa.gov or the Avenue, SW., Washington, DC, ANM–116. Superintendent of Document’s web page weekdays, except Federal holidays, Note 3: Information concerning the at http://www.access.gpo.gov/nara for between 8:30 a.m. and 5:00 p.m. existence of approved alternative methods of access to recently published rulemaking An informal docket may also be compliance with this AD, if any, may be documents. examined during normal business hours obtained from the International Branch, Any person may obtain a copy of this at the office of the Regional Air Traffic ANM–116. NPRM by submitting a request to the Division. Federal Aviation Administration, Office Special Flight Permits FOR FURTHER INFORMATION CONTACT: of Air Traffic Airspace Management, (d) Special flight permits may be issued in Joseph C. White, Airspace and Rules ATA–400, 800 Independence Avenue, accordance with §§ 21.197 and 21.199 of the Division, ATA–400, Office of Air Traffic SW., Washington, DC 20591, or by Federal Aviation Regulations (14 CFR 21.197 Airspace Management, Federal Aviation calling (202) 267–8783. and 21.199) to operate the airplane to a Administration, 800 Independence Communications must identify the location where the requirements of this AD Avenue, SW., Washington, DC 20591; notice number of the NPRM. Persons can be accomplished. telephone: (202) 267–8783. interested in being placed on a mailing Note 4: The subject of this AD is addressed SUPPLEMENTARY INFORMATION: list for future NPRM’s should call the in British airworthiness directive 004–09–99. Comments Invited FAA’s Office of Rulemaking, (202) 267– 9677, for a copy of Advisory Circular Issued in Renton, Washington, on June 22, Interested parties are invited to 2000. No. 11–2A, Notice of Proposed participate in this proposed rulemaking Rulemaking Distribution System, which Donald L. Riggin, by submitting such written data, views, describes the application procedure. Acting Manager, Transport Airplane or arguments as they may desire. Directorate, Aircraft Certification Service. Comments that provide the factual basis The Proposal [FR Doc. 00–16359 Filed 6–27–00; 8:45 am] supporting the views and suggestions The FAA is proposing an amendment BILLING CODE 4910±13±U presented are particularly helpful in to 14 CFR part 71 (part 71) to revoke one developing reasoned regulatory jet route (J–155), and to modify two jet decisions on the proposal. Comments routes (J–115 and J–125), two VOR are specifically invited on the overall Federal airways (V–447 and V–436), and regulatory, aeronautical, economic, one colored Federal airway (A–15) in

VerDate 112000 16:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm02 PsN: 28JNP1 39834 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules

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

VerDate 112000 16:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm02 PsN: 28JNP1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules 39835 listed above. Commenters wishing the nonregulatory route to a VOR Federal Airspace Designations and Reporting FAA to acknowledge receipt of their airway would add to the IFR airway and Points, dated September 1, 1999, and comments on this notice must submit route infrastructure in Alaska; (2) pilots effective September 16, 1999, is with those comments a self-addressed, would be provided with minimum en amended as follows: stamped postcard on which the route altitudes and minimum following statement is made: obstruction clearance altitudes Paragraph 6010(b)—Alaskan VOR Federal ‘‘Comments to Airspace Docket No. 00– information; (3) this amendment would Airways AAL–02.’’ The postcard will be date/ establish controlled airspace, thus * * * * * time stamped and returned to the eliminating some of the commercial IFR V–457 [New] commenter. All communications operations in uncontrolled airspace; and received on or before the specified (4) the addition of this route would From Iliamna, AK, NDB; to Kenai, AK. closing date for comments will be improve the management of air traffic * * * * * considered before taking action on the operations and thereby enhance safety. Issued in Washington, DC, on June 19, proposed rule. The proposal contained The FAA has determined that this 2000. in this notice may be changed in light proposed regulation only involves an Reginald C. Matthews, of comments received. All comments established body of technical Manager, Airspace and Rules Division. regulations for which frequent and submitted will be available for [FR Doc. 00–16329 Filed 6–27–00; 8:45 am] examination in the Rules Docket both routine amendments are necessary to BILLING CODE 4910±13±P before and after the closing date for keep them operationally current. comments. A report summarizing each Therefore, this proposed regulation: (1) substantive public contact with FAA is not a ‘‘significant regulatory action’’ personnel concerned with this under Executive Order 12866; (2) is not DEPARTMENT OF VETERANS rulemaking will be filed in the docket. a ‘‘significant rule’’ under DOT AFFAIRS Regulatory Policies and Procedures (44 38 CFR Part 52 Availability of NPRM’s FR 11034; February 26, 1979); and (3) An electronic copy of this document does not warrant preparation of a RIN 2900±AJ74 may be downloaded, using a modem regulatory evaluation as the anticipated and suitable communications software, impact is so minimal. Since this is a Per Diem for Adult Day Health Care of from the FAA regulations section of the routine matter that will only affect air Veterans in State Homes Fedworld electronic bulletin board traffic procedures and air navigation, it AGENCY: Department of Veterans Affairs. service (telephone: 703–321–3339) or is certified that this proposed rule, ACTION: Proposed rule. the Federal Register’s electronic bulletin when promulgated, will not have a board service (telephone: 202–512– significant economic impact on a SUMMARY: This document proposes to 1661). substantial number of small entities establish regulations setting forth a Internet users may reach the FAA’s under the criteria of the Regulatory mechanism for paying per diem to State web page at http://www.faa.gov or the Flexibility Act. homes providing adult day health care Superintendent of Document’s web page Alaskan VOR Federal airways are to eligible veterans. The intended effect at http://www.access.gpo.gov/nara for published in paragraph 6010(b) of FAA of the proposed regulations is to ensure access to recently published rulemaking Order 7400.9G dated September 1, 1999, that veterans receive high quality care in documents. and effective September 16, 1999, which State homes. Any person may obtain a copy of this is incorporated by reference in 14 CFR DATES: Comments must be received by NPRM by submitting a request to the 71.1. The Alaskan VOR Federal airway VA on or before August 28, 2000. Federal Aviation Administration, Office listed in this document would be ADDRESSES: Mail or hand-deliver of Air Traffic Airspace Management, published subsequently in the order. ATA–400, 800 Independence Avenue, written comments to: Director, Office of SW., Washington, DC 20591, or by List of Subjects in 14 CFR Part 71 Regulations Management (02D), calling (202) 267–8783. Airspace, Incorporation by reference, Department of Veterans Affairs, 810 Communications must identify the Navigation (air). Vermont Ave., NW, Room 1154, Washington, DC 20420; or fax comments notice number of this NPRM. Persons The Proposed Amendment interested in being placed on a mailing to (202) 273–9289; or e-mail comments list for future NPRM’s should call the In consideration of the foregoing, the to ‘‘[email protected]’’. FAA’s Office of Rulemaking, (202) 267– Federal Aviation Administration Comments should indicate that they are 9677, for a copy of Advisory Circular proposes to amend 14 CFR part 71 as submitted in response to ‘‘RIN 2900– No. 11–2A, Notice of Proposed follows: AJ74’’ All comments received will be Rulemaking Distribution System, which available for public inspection in the PART 71ÐDESIGNATION OF CLASS A, describes the application procedure. Office of Regulations Management, CLASS B, CLASS C, CLASS D, AND Room 1158, between the hours of 8:00 The Proposal CLASS E AIRSPACE AREAS; a.m. and 4:30 p.m., Monday through The FAA is proposing an amendment AIRWAYS; ROUTES; AND REPORTING Friday (except holidays). to 14 CFR part 71 (part 71) to establish POINTS FOR FURTHER INFORMATION CONTACT: L. a VOR Federal airway (V–457) in 1. The authority citation for part 71 Nan Stout, Chief, State Home Per Diem Alaska. Presently, there is an uncharted continues to read as follows: Program (114), Veterans Health nonregulatory route that uses the same Administration, 202–273–8538. Authority: 49 U.S.C. 106(g), 40103, 40113, SUPPLEMENTARY INFORMATION: routings as this proposed airway. The 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– This current route is used daily by air carrier 1963 Comp., p.389. document proposes to establish a new and general aviation aircraft. The FAA part 52 setting forth a mechanism for is proposing to establish this Federal § 71.1 [Amended] paying per diem to State homes airway for the following reasons: (1) the 2. The incorporation by reference in providing adult day health care to conversion of this uncharted 14 CFR 71.1 of FAA Order 7400.9G, eligible veterans. The adult day health

VerDate 112000 16:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm02 PsN: 28JNP1 39836 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules care program has the following basic qualifications of a dietitian at proposed proposed rule, are intended to be used purposes: (a) to enable functionally § 52.140(a)(2), and requirements for for a number of VA programs. impaired veterans to reside in program assistants at proposed Collections of information using these supportive home environments; (b) to § 52.210(j)). VA will consider changing forms already have been approved by facilitate expeditious medical center the requirements to allow accreditation OMB for the regulations in 38 CFR Part discharge and to reduce risk of or training by other national entities 51 captioned ‘‘Per Diem for Nursing readmission or institutional placement, when warranted. Home Care of Veterans in State Homes’’ through improved provision and The proposed rule includes under OMB approval number 2900– coordination of health care services and provisions regarding medical errors (see 0160. This proposed rule also would education of patients and caregivers proposed § 52.120(a), (k), and (l)). This require collections of information using about service options and their is consistent with the President’s these same forms. Accordingly, we are appropriate use; (c) to maximize initiative on medical errors announced requesting that OMB approve the veterans’ physical and psychosocial on December 7, 1999, and the collections of information in this functional level; (d) to improve the recommendation of the Quality proposed rule as an amendment of the quality of life for the participants by Interagency Coordination Task Force. collections of information already providing a rehabilitation program in The proposed rule would incorporate approved under OMB control number the community among their peers; and by reference the 1997 edition of the 2900–0160. (e) to provide support and respite for the National Fire Protection Association OMB assigns control numbers to family and other caregivers to enable Life Safety Code entitled ‘‘NFPA 101, collections of information it approves. them to maintain veterans in the Life Safety Code.’’ The regulations are VA may not conduct or sponsor, and a community. designed to ensure that State homes person is not required to respond to, a Under the proposal, VA would pay meet the fire and safety provisions of collection of information unless it per diem to a State for providing adult the Life Safety Code. displays a currently valid OMB control day health care to eligible veterans in a number. Regulatory Flexibility Act facility if the Under Secretary for Health Comments on the collection of recognizes the facility as a State home The Secretary hereby certifies that the information should be submitted to the based on a current VA certification that adoption of this proposed rule would Office of Management and Budget, the facility meets the standards set forth not have a significant economic impact Attention: Desk Officer for the in proposed subpart D. on a substantial number of small entities Department of Veterans Affairs, Office The standards in proposed subpart D as they are defined in the Regulatory of Information and Regulatory Affairs, are patterned after the standards of the Flexibility Act, 5 U.S.C. 601–612. All of Washington, DC 20503, with copies to U.S. Department of Veterans Affairs the entities that would be subject to this the Director, Office of Regulations Adult Day Health Care Program and the proposed rule are State government Management (02D), Department of National Council on the Aging, National entities under the control of State Veterans Affairs, 810 Vermont Avenue, Adult Day Services Association. The governments. Of the 95 State homes, all NW, Washington, DC 20420. Comments standards are intended to set forth are operated by State governments should indicate that they are submitted minimum requirements necessary to except for 17 that are operated by in response to ‘‘RIN 2900–AJ74.’’ ensure that VA pays per diem for entities under contract with State Title: Aid to States for Care of eligible veterans only if the State homes governments. These contractors are not Veterans in State Homes—Adult Day provide high quality care. small entities. Therefore, pursuant to 5 Health Care Per Diem. The proposed regulations include U.S.C. 605(b), this proposed rule is Summary of collection of information: application and inspection provisions exempt from the initial and final VA is proposing to establish the that are designed to ensure that per regulatory flexibility analysis mechanism for paying per diem to State diem is paid only to facilities that have requirement of sections 603 and 604. homes providing adult day health care been inspected and found to meet the to eligible veterans. VA proposes to proposed standards. Also, in order to Paperwork Reduction Act of 1995 require the State homes to supply ensure continued compliance with the Under the Paperwork Reduction Act various kinds of information regarding standards, the proposed regulations of 1995 (44 U.S.C. 3501–3520), their adult day health care programs to include an ongoing review and proposed collections of information are ensure that high quality care is certification program. Further, the set forth in the provisions of §§ 52.20, furnished to veterans who are proposed regulations contain provisions 52.30, 52.40, 52.70, 52.71, 52.80, 52.90, participants in such programs. The for withdrawing recognition and 52.100, 52.110, 52.120, 52.130, 52.150, information includes an application for stopping payment of per diem if a 52.160, 52.180, 52.190 and 52.210 of recognition based on certification; facility fails to meet the proposed this proposed rule. Many of these appeal information; application and standards. collections of information require the justification for payment; records and The proposed rule sets forth the submission to VA of information on reports which program management statutory list of veterans for whom per forms published at 38 CFR Part 58. must maintain regarding activities of diem may be paid. The per diem The information collections in this participants; to include information amount would be the amount document concern various activities relating to whether the program meets authorized under 38 U.S.C. 1741 and related to the operation of a State home standards concerning participants’ Congressionally approved in the yearly providing adult day health care to rights and responsibilities prior to budget. For fiscal year 2000 the amount eligible veterans. As required under enrollment, during enrollment, and is $30.25. section 3507(d) of the Act, VA has upon discharge; the records and reports The proposed rule imposes submitted a copy of this proposed which program management and health requirements concerning accreditation rulemaking action to the Office of care professionals must maintain and training by certain national entities Management and Budget (OMB) for its regarding participants and employees; (see definition of ‘‘Physician Assistant’’ review of the collections of information. various types of documentation at proposed § 52.2, qualifications of a The forms in 38 CFR Part 58, which pertaining to the management of the social worker at proposed § 52.100(g), are republished at the end of this facility; food menu planning;

VerDate 112000 16:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm02 PsN: 28JNP1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules 39837 pharmaceutical records; and life safety e.g., permitting electronic submission of 52.80 Enrollment, transfer and discharge documentation. responses. rights. Description of need for information OMB is required to make a decision 52.90 Participant behavior and program practices. and proposed use of information: The concerning the proposed collection of collections of information contained in 52.100 Quality of life. information contained in this proposed 52.110 Participant assessment. the proposed rule appear to be rule between 30 and 60 days after 52.120 Quality of care. necessary to ensure that VA per diem publication of this document in the 52.130 Nursing services. payments are limited to facilities Federal Register. Therefore, a comment 52.140 Dietary services. providing high quality care. Without to OMB is best assured of having its full 52.150 Physician services. access to such information VA would effect if OMB receives it within 30 days 52.160 Specialized rehabilitative services. not be able to determine whether high of publication. This does not affect the 52.170 Dental services. quality care is being provided. deadline for the public to comment on 52.180 Administration of drugs. 52.190 Infection control. Collections of Information Including the proposed regulation. 52.200 Physical environment. Collections of Information Using Forms List of Subjects in 38 CFR Part 52 52.210 Administration. at 38 CFR Part 51 Already Aapproved 52.220 Transportation. Administrative practice and Under OMB Control Number 2900–0160 Authority: 38 U.S.C. 101, 501, 1741–1743, procedure, Alcohol abuse, Alcoholism, unless otherwise noted. Description of likely respondents: Claims, Day care, Dental health, Drug State home officials who receive per abuse, Foreign relations, Government Subpart AÐGeneral diem for nursing home care for veterans. contracts, Grant programs—health, Estimated number of respondents: Government programs—veterans, Health § 52.1 Purpose. 13,136. care, Health facilities, Health This part sets forth the mechanism for Estimated frequency of responses: professions, Health records, Homeless, paying per diem to State homes 52,872. Medical and dental schools, Medical providing adult day health care to Estimated average burden per devices, Medical research, Mental eligible veterans and includes quality collection: 14 minutes. health programs, Nursing home care, assurance requirements that are Estimated total annual reporting and Philippines, Reporting and intended to ensure that veterans receive record keeping burden: 12,467 hours. recordkeeping requirements, high quality care in State homes. Additional Collections of Information Scholarships and fellowships, Travel Under This Proposed Rule, Including and transportation expenses, Veterans. § 52.2 Definitions. Collections of Information Using Forms Editorial Note: This document was For purposes of this part— Published at 38 CFR Part 58 received at the Office of the Federal Register Activities of daily living (ADLs) means the functions or tasks for self-care Description of likely respondents: on June 16, 2000. usually performed in the normal course State home officials who receive per Approved: October 29, 1999. of a day, i.e., mobility, bathing, dressing, diem for adult day health care for Togo D. West, Jr., grooming, toileting, transferring, and veterans. Secretary of Veterans Affairs. Estimated number of respondents: eating. 2,200. For the reason set forth in the Clinical nurse specialist means a Estimated frequency of responses: preamble, 38 CFR Chapter I is proposed licensed professional nurse with a 7,568. to be amended by adding a new part 52 master’s degree in nursing and a major Estimated average burden per to read as follows. in a clinical nursing specialty from an collection: 13 minutes. academic program accredited by the Estimated total annual reporting and PART 52ÐPER DIEM FOR ADULT DAY National League for Nursing and at least record keeping burden: 2,733. hours. HEALTH CARE OF VETERANS IN 2 years of successful clinical practice in The Department considers comments STATE HOMES the specialized area of nursing practice following this academic preparation. by the public on proposed collections of Subpart AÐGeneral information in— Facility means a building or any part Sec. • Evaluating whether the proposed of a building for which a State has 52.1 Purpose. submitted an application for recognition collections of information are necessary 52.2 Definitions. for the proper performance of the as a State home for the provision of functions of the Department, including Subpart BÐObtaining Per Diem for Adult adult day health care or a building or whether the information will have Day Health Care in State Homes any part of a building which VA has practical utility; 52.10 Per diem based on recognition and recognized as a State home for the • Evaluating the accuracy of the certification. provision of adult day health care. Department’s estimate of the burden of 52.20 Application for recognition based on Instrumental activities of daily living the proposed collections of information, certification. (IADLs) means functions or tasks of 52.30 Recognition and certification. including the validity of the independent living, i.e., shopping, methodology and assumptions used; Subpart CÐPer Diem Payments housework, meal preparation and • Enhancing the quality, usefulness, 52.40 Monthly payment. cleanup, laundry, taking medication, and clarity of the information to be 52.50 Eligible veterans. money management, transportation, collected; and Subpart DÐStandards correspondence, and telephoning. • Minimizing the burden of the Nurse practitioner means a licensed collections of information on those who 52.60 Standards applicable for payment of professional nurse who is currently per diem. are to respond, including through the 52.61 General requirements for adult day licensed to practice in the State; who use of appropriate automated, health care program. meets the State’s requirements electronic, mechanical, or other 52.70 Participant rights. governing the qualifications of nurse technological collection techniques or 52.71 Participant and family caregiver practitioners; and who is currently other forms of information technology, responsibilities. certified as an adult, family, or

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(a) Send a request for recognition and Chief Consultant, Geriatrics and certification to the Under Secretary for Physician assistant means a person Extended Care Strategic Healthcare Health (10), VA Headquarters, 810 who meets the applicable State Group (114) of the certification, Vermont Avenue, NW, Washington, DC requirements for physician assistant, is provisional certification, or 20420. The request must be in the form currently certified by the National noncertification. of a letter and must be signed by the (b) Once a program has achieved Commission on Certification of State official authorized to establish the recognition, the recognition will remain Physician Assistants (NCCPA) as a State home; in effect unless the State requests that physician assistant, and has an (b) Allow VA to survey the facility as the recognition be withdrawn or the individualized written scope of practice set forth in § 52.30(c); and Under Secretary for Health makes a final that determines the authorization to (c) Upon request from the director of decision that the facility or program write medical orders, prescribe the VA medical center of jurisdiction, management does not meet the medications and other clinical tasks submit to the director all documentation standards of subpart D of this part. under appropriate physician required under subpart D of this part. Recognition of a program will apply supervision which is approved by the (Authority: 38 U.S.C. 101, 501, 1741–1743) only to the facility as it exists at the time primary care physician. of recognition; any annex, branch, § 52.30 Recognition and certification. Primary physician or primary care enlargement, expansion, or relocation physician means a designated generalist (a)(1) The Under Secretary for Health must be separately recognized. physician responsible for providing, will make the determination regarding (c) Both during the application directing and coordinating health care recognition and the initial process for recognition and after the that is indicated for the residents. determination regarding certification, Under Secretary for Health has State means each of the several States, after receipt of a tentative determination recognized a facility, VA may survey the territories, and possessions of the from the director of the VA medical facility as necessary to determine if the United States, the District of Columbia, center of jurisdiction regarding whether facility and program management and the Commonwealth of Puerto Rico. the facility and program management comply with the provisions of this part. meet or do not meet the standards of State home means a home approved Generally, VA will provide advance subpart D of this part. The Under by VA which a State established notice to the State before a survey Secretary for Health will notify the primarily for veterans disabled by age, occurs; however, surveys may be official in charge of the program, the disease, or otherwise, who by reason of conducted without notice. A survey, as State official authorized to oversee such disability are incapable of earning necessary, will cover all parts of the operations of the State home, the VA a living. A State home may provide facility, and include a review and audit Network Director (10N 1–22), Chief domiciliary care, nursing home care, of all records of the program that have Network Officer (10N), and the Chief adult day health care, and hospital care. a bearing on compliance with any of the Consultant, Geriatrics and Extended Hospital care may be provided only requirements of this part (including any Care Strategic Healthcare Group (114) of when the State home also provides reports from State or local entities). For the action taken. domiciliary and/or nursing home care. purposes of a survey, at the request of (2) For each facility recognized as a the director of the VA medical center of VA means the U.S. Department of State home, the director of the VA jurisdiction, the State home adult day Veterans Affairs. medical center of jurisdiction will care health program management must (Authority: 38 U.S.C. 101, 501, 1741–1743) certify annually whether the facility and submit to the director a completed VA program management meet, Form 10–3567, Staffing Profile, set forth Subpart BÐObtaining Per Diem for provisionally meet, or do not meet the at 38 CFR 58.10. The director of the VA Adult Day Health Care in State Homes standards of subpart D of this part (this medical center of jurisdiction will § 52.10 Per diem based on recognition and certification should be made every 12 designate the VA officials to survey the certification. months during the recognition facility. These officials may include anniversary month or during a month physicians; nurses; pharmacists; VA will pay per diem to a State for agreed upon by the VA medical center dietitians; rehabilitation therapists; providing adult day health care to director and officials of the State home social workers; representatives from eligible veterans in a facility if the facility). A provisional certification will health administration, engineering, Under Secretary for Health recognizes be issued by the director only upon a environmental management systems, the facility as a State home based on a determination that the facility or and fiscal officers. current certification that the facility and program management does not meet one (d) If the director of the VA medical program management meet the or more of the standards in subpart D of center of jurisdiction determines that standards of subpart D of this part. Also, this part, that the deficiencies do not the State home facility or program after recognition has been granted, VA jeopardize the health or safety of the management does not meet the will continue to pay per diem to a State residents, and that the program standards of this part, the director will for providing adult day health care to management and the director have notify the State home program manager eligible veterans in such a facility for a agreed to a plan of correction to remedy in writing of the standards not met. The temporary period based on a the deficiencies in a specified amount of director will send a copy of this notice certification that the facility and time (not more time than the VA to the State official authorized to program management provisionally medical center of jurisdiction director oversee operations of the facility, the meet the standards of subpart D of this determines is reasonable for correcting VA Network Director (10N 1–22), the part. the specific deficiencies). The director Chief Network Officer (10N), and the (Authority: 38 U.S.C. 101, 501, 1741–1743) of the VA medical center of jurisdiction Chief Consultant, Geriatrics and

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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,

VerDate 112000 19:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm03 PsN: 28JNP1 39840 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules and communication with and access to (6) The program management must (2) If the participant is determined persons and services inside and outside furnish a written description of legal incompetent or otherwise determined to the facility. The program management rights which includes a statement that be incapacitated under the laws of the must protect and promote the rights of the participant may file a complaint State, the participant’s legal each participant, including each of the with the State (agency) concerning representative or interested family following rights: participant abuse and neglect. member(s) has the right to participant in (a) Exercise of rights. (1) The (7) The program management must planning care and treatment or changes participant has the right to exercise his have written policies and procedures in care and treatment. or her rights as a participant of the regarding advance directives (e.g., living (d) Privacy and confidentiality. program and as a citizen or resident of wills). These requirements include Participants have the right to privacy the United States. provisions to inform and provide and confidentiality of their personal and (2) The participant has the right to be written information to all participants clinical records. free of interference, coercion, concerning the right to accept or refuse (1) Participants have a right to privacy discrimination, and reprisal from the medical or surgical treatment and, at the in their medical treatment, and personal program management in exercising his individual’s option, formulate an care. or her rights. advance directive. This includes a (2) Except as provided in paragraph (3) The participant has the right to written description of the facility’s (d)(3) of this section, participants may freedom from chemical or physical policies to implement advance approve or refuse the release of personal restraint. directives and applicable State law. and clinical records to any individual (4) In the case of a participant (8) Notification of changes. (i) outside the facility. determined incompetent under the laws Program management must immediately (3) The participant’s right to refuse of a State by a court of jurisdiction, the inform the participant; consult with the release of personal and clinical records rights of the participant are exercised by primary physician; and notify the does not apply when— the person appointed under State law to participant’s legal representative or an (i) The participant is transferred to act on the participant’s behalf. interested family member when there another health care institution; or (b) Notice of rights and services. (1) is— (ii) The release is required by law. The program management must inform (A) An accident involving the (e) Grievances. A participant has the the participant both orally and in participant which results in injury and right to— (1) Voice grievances without writing in a language that the has the potential for requiring physician discrimination or reprisal. Participants participant understands of his or her intervention; may voice grievances with respect to rights and all rules and regulations (B) A significant change in the treatment received and not received; governing participant conduct and participant’s physical, mental, or and responsibilities during enrollment in the psychosocial status (e.g., a deterioration (2) Prompt efforts by facility program. Such notification must be in health, mental, or psychosocial status management to resolve grievances the made prior to or upon enrollment and in either life-threatening conditions or participant may have, including those periodically during the participant’s clinical complications); (C) A need to alter treatment with respect to the behavior of other enrollment. significantly (i.e., a need to discontinue participants. (2) Participants or their legal an existing form of treatment due to (f) Examination of survey results. A representatives have the right— adverse consequences, or to commence participant has the right to— (i) Upon an oral or written request, to a new form of treatment); or (1) Examine the results of the most access all records pertaining to them (D) A decision to transfer or discharge recent VA survey with respect to the including current participant records the participant from the program. program. The program management within 24 hours (excluding weekends (ii) The program management must must make the results available for and holidays); and also promptly notify the participant and examination in a place readily (ii) After receipt of their records for the participant’s legal representative or accessible to participants, and must post review, to purchase, at a cost not to interested family member when there is a notice of their availability; and exceed the community standard, a change in resident rights under (2) Receive information from agencies photocopies of the records or any Federal or State law or regulations as acting as client advocates, and be portions of them upon request and with specified in paragraph (b)(1) of this afforded the opportunity to contact 2 working days advance notice to the section. these agencies. facility management. (iii) The program management must (g) Work. The participant has the right (3) Participants have the right to be record and periodically update the to— fully informed in language that they can address and phone number of the (1) Refuse to perform services for the understand of their total health status. participant’s legal representative or facility; (4) Participants have the right to interested family member and the (2) Perform services for the facility, if refuse treatment, to refuse to participate primary physician. he or she chooses, when— in patient activities, to refuse to (c) Free choice. (1) The participant has (i) The facility has documented the participate in experimental research, the right to— need or desire for work therapy in the and to formulate an advance directive as (i) Be fully informed in advance about plan of care; specified in paragraph (a)(7) of this care and treatment and of any changes (ii) The plan specifies the nature of section. in that care or treatment that may affect the services performed and whether the (5) The program management must the participant’s well-being; and services are voluntary or paid; inform each participant before, or at the (ii) Unless determined incompetent or (iii) Compensation for (work therapy) time of enrollment, and periodically otherwise determined to be paid services is at or above prevailing during the participant’s stay, of services incapacitated under the laws of the rates; and available in the facility and of charges State, participate in planning care and (iv) The participant agrees to the work for those services to be billed to the treatment or changes in care and therapy arrangement described in the participant. treatment. plan of care.

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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

VerDate 112000 19:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm03 PsN: 28JNP1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules 39843 provide for an ongoing program of master’s degree social worker with (5) A clean bed available for acute activities designed to meet, in experience in long-term care is illness, when indicated; accordance with the comprehensive preferred); (6) A shower for resident’s need, assessment, the interests and the (ii) A social work license from the when indicated; physical, mental, and psychosocial well State in which the State home is (7) Adequate and comfortable lighting being of each participant. located, if license is offered by the State; levels in all areas; (2) The activities program must be and (8) Comfortable and safe temperature directed by a qualified professional who (iii) A minimum of one year of levels; and is a qualified therapeutic recreation supervised social work experience in a (9) Comfortable sound levels. health care setting working directly with specialist or an activities professional (Authority: 38 U.S.C. 101, 501, 1741–1743) who— individuals. (4) The facility management must (i) Is licensed or registered, if 52.110 Participant assessment. applicable, by the State in which have sufficient social worker and The program management must practicing; and support staff to meet participant and (ii) Is certified as a therapeutic family social services needs. The adult conduct initially, semi-annually and as recreation specialist or as an activities day health care social services must: required by a change in the participant’s professional by a recognized accrediting (i) Provide counseling to participants condition a comprehensive, accurate, body. and families/caregivers; standardized, reproducible assessment (3) A critical role of the adult day (ii) Facilitate the participant’s of each participant’s functional health care program is to build adaptation to the adult day health care capacity. relationships and create a culture that program and active involvement in the (a) Intake screening. An intake supports, involves, and validates the plan of care, if appropriate; screening must be completed to participant. Therapeutic activity refers (iii) Arrange for services not provided determine the appropriateness of the to that supportive culture and is a by the adult day health care program adult day health care program for each significant aspect of the individualized and work with these resources to participant. plan of care. A participant’s activity coordinate services; (b) Enrollment orders. The program (iv) Serve as participant advocate by includes everything the individual management must have physician asserting and safeguarding the human experiences during the day, not just orders for the participant’s immediate and civil rights of the participants; care and a medical assessment, arranged events. As part of effective (v) Assess signs of mental illness and/ therapeutic activity the adult day health including a medical history and or dementia and make appropriate physical examination, within a time care program must: referrals; (i) Provide direction and support for frame appropriate to the participant’s (vi) Provide information and referral condition, not to exceed 72 hours after participants, including breaking down for persons not appropriate for adult day activities into small, discrete steps or enrollment, except when an health care program; examination was performed within five behaviors, if needed by a participant; (vii) Provide family conferences and (ii) Have alternative programming days before enrollment and the findings serve as liaison between participant, were provided and placed in the clinical available for any participant unable or family/caregiver and program staff; unwilling to take part in group activity; record on enrollment. (viii) Provide individual or group (c) Comprehensive assessments. (1)(i) (iii) Design activities that promote counseling and support to caregivers personal growth and enhance the self- The program management must make a and participants; comprehensive assessment of a image and/or improve or maintain the (ix) Conduct support groups or participant’s needs: functioning level of participants to the facilitate participant or family/caregiver (A) Using (on and after January 1, extent possible; participation in support groups; (iv) Provide opportunities for a variety (x) Assist program staff in adapting to 2000) the Health Care Financing of involvement (social, intellectual, changes in participants’ behavior; and Administration Long Term Care cultural, economic, emotional, physical, (xi) Provide or arrange for individual, Resident Assessment Instrument and spiritual) at different levels, group, or family psychotherapy for Version 2.0; and including community activities and participants’ with significant (B) Describing the participant’s events; psychosocial needs. capability to perform daily life (v) Emphasize participants’ strengths (5) Space for social services must be functions, strengths, performances, and abilities rather than impairments adequate to ensure privacy for needs as well as significant impairments and contribute to participant feelings of interviews. in functional capacity. competence and accomplishment; and (g) Environment. The program (ii) An initial home visit must be (vi) Provide opportunities to management must provide— conducted by program staff or in voluntarily perform services for (1) A safe, clean, comfortable, and coordination with community resources community groups and organizations. homelike environment, and support the to identify home safety issues, home (f) Social services. (1) The facility participants’ ability to function as medication use, use of or need for management must provide medically- independently as possible and to engage adaptive equipment, and the in-home related social services to participants in program activities; functioning of the participant and and their families. (2) Housekeeping and maintenance family/caregiver. (2) An adult day health care program services necessary to maintain a (2) Frequency. Participant must employ or contract for a qualified sanitary, orderly, and comfortable assessments must be completed— social worker to provide social services. interior; (i) No later than 14 calendar days after (3) Qualifications of social worker. A (3) Private storage space for each the date of enrollment; and qualified social worker is an individual participant sufficient for a change of (ii) Promptly after a significant change with— clothes; in the participant’s physical, mental, or (i) A bachelor’s degree in social work (4) Interior signs to facilitate social condition. from a school accredited by the Council participants’ ability to move about the (3) Review of assessments. Program of Social Work Education (Note: A facility independently and safely; management must review each

VerDate 112000 18:57 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm03 PsN: 28JNP1 39844 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules participant no less than once every 6 determined by the participant’s needs, (vii) A serious injury requiring months and as appropriate, revise the the participation of the participant, and hospitalization. participant’s assessment to assure the the participant’s family or the (3) The program management must continued accuracy of the assessment. participant’s legal representative; and report sentinel events to the director of (4) Use. The results of the assessment (iv) Periodically reviewed and revised VA medical center of jurisdiction within are used to develop, review, and revise by a team of qualified persons after each 24 hours of identification. The director the participant’s individualized assessment. of VA medical center of jurisdiction comprehensive plan of care, under (3) The services provided or arranged must report sentinel events to VA paragraph (e) of this section. by the facility must— Network Director (10N 1–22), Chief (d) Accuracy of assessments.—(1) (i) Meet professional standards of Network Officer (10N), and Chief Coordination. quality; and Consultant, Geriatrics and Extended (i) Each assessment must be (ii) Be provided by qualified persons Care Strategic Healthcare Group (114) conducted or coordinated with the in accordance with each participant’s within 24 hours of identification and/or appropriate participation of health written plan of care. notification by State home. professionals. (f) Discharge summary. Prior to (4) The program management must (ii) Each assessment must be discharging a participant, the program establish a mechanism to review and conducted or coordinated by a management must prepare a discharge analyze a sentinel event resulting in a registered nurse who signs and certifies summary that includes— written report no later than 10 working the completion of the assessment. (1) A recapitulation of the days following the event. The purpose (2) Certification. Each person who participant’s care; of the review and analysis of a sentinel completes a portion of the assessment (2) A summary of the participant’s event in an adult day health care must sign and certify the accuracy of status at the time of the discharge to program is to prevent future injuries to that portion of the assessment. include items in paragraph (c)(2) of this residents, visitors, and personnel. (e) Comprehensive care plans. (1) The section; and (b) Activities of daily living. Based on program management must develop an (3) A discharge/transition plan related the comprehensive assessment of a individualized comprehensive care plan to changes in service needs and changes resident, the program management must for each participant that includes in functional status that prompted ensure that— measurable objectives and timetables to another level of care. (1) A participant’s abilities in meet a participant’s physical, mental, (Authority: 38 U.S.C. 101, 501, 1741–1743) activities of daily living do not diminish and psychosocial needs that are unless circumstances of the individual’s identified in the comprehensive 52.120 Quality of care. clinical condition demonstrate that assessment. The care plan must describe diminution was unavoidable. This the following— Each participant must receive and the includes the participant’s ability to— (i) The services that are to be provided program management must provide the (i) Bathe, dress, and groom; by the program and by other sources to necessary care and services to attain or (ii) Transfer and ambulate; attain or maintain the participant’s maintain the highest practicable (iii) Toilet; and highest physical, mental, and physical, mental, and psychosocial (iv) Eat. psychosocial well-being as required well-being, in accordance with the (2) A participant is given the under § 52.120; comprehensive assessment and plan of appropriate treatment and services to (ii) Any services that would otherwise care. maintain or improve his or her abilities be required under § 52.120 but are not (a) Reporting of sentinel events.—(1) specified in paragraph (b)(1) of this provided due to the participant’s Definition. A sentinel event is an section. exercise of rights under § 52.70, adverse event that results in the loss of (3) A participant who is unable to including the right to refuse treatment life or limb or permanent loss of carry out activities of daily living under § 52.70(b)(4); function. receives the necessary services to (iii) Type and scope of interventions (2) Examples of sentinel events are as maintain good nutrition, hydration, to be provided in order to reach desired, follows: grooming, personal and oral hygiene, realistic outcomes; (i) Any participant death, paralysis, mobility, and bladder and bowel (iv) Roles of participant and family/ coma or other major permanent loss of elimination. caregiver; and function associated with a medication (c) Vision and hearing. To ensure that (v) Discharge or transition plan, error; or participants receive proper treatment including specific criteria for discharge (ii) Any suicide or attempted suicide and assistive devices to maintain vision or transfer. of a participant, including suicides and hearing abilities, the program (2) A comprehensive care plan must following elopement (unauthorized management must, if necessary, assist be— departure) from the program; or the participant and family— (i) Developed within 21 calendar days (iii) Any elopement of a participant (1) In making appointments; and from the date of the adult day care from the program resulting in a death or (2) Arranging for transportation to and enrollment and after completion of the a major permanent loss of function; or from the office of a practitioner comprehensive assessment; (iv) Any procedure or clinical specializing in the treatment of vision or (ii) Assigned to one team member for intervention, including restraints, that hearing impairment or the office of a the accountability of coordinating the result in death or a major permanent professional specializing in the completion of the interdisciplinary loss of function; or provision of vision or hearing assistive plan; (v) Assault, homicide or other crime devices. (iii) Prepared by an interdisciplinary resulting in a participant’s death or (d) Pressure ulcers. Based on the team, that includes the primary major permanent loss of function; or comprehensive assessment of a physician, a registered nurse with (vi) A participant’s fall that results in participant, the program management responsibility for the participant, social death or major permanent loss of must ensure that— worker, recreational therapist and other function as a direct result of the injuries (1) A participant who enters the appropriate staff in disciplines as sustained in the fall; or program without pressure ulcers does

VerDate 112000 18:57 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm03 PsN: 28JNP1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules 39845 not develop pressure ulcers unless the weight and protein levels, unless the writing, administrative authority, individual’s clinical condition participant’s clinical condition responsibility, and accountability for demonstrates that they were demonstrates that this is not possible; the functions, activities, and training of unavoidable; and and the nursing and program assistants. VA (2) A participant having pressure (2) Receives a therapeutic diet when recommends that this nurse be a ulcers receives necessary treatment and a nutritional deficiency is identified. geriatric nurse practitioner or a clinical services to promote healing, prevent (j) Hydration. The program nurse specialist. infection and prevent new ulcers from management must provide each (b) The number and level of nursing developing. participant with sufficient fluid intake staff is determined by the authorized (e) Urinary and fecal incontinence. during the day to maintain proper capacity of participants and the nursing Based on the participant’s hydration and health. care needs of the participants. comprehensive assessment, the program (k) Unnecessary drugs.—(1) General. (c) Nurse staffing must be based on a management must ensure that— Each participant’s drug regimen must be staffing methodology that uses case mix (1) A participant who enters the free from unnecessary drugs. An and is adequate for meeting the program without an indwelling catheter unnecessary drug is any drug when standards of this part. is not catheterized unless the used: (Authority: 38 U.S.C. 101, 501, 1741–1743) participant’s clinical condition (i) In excessive dose (including demonstrates that catheterization was duplicate drug therapy); or 52.140 Dietary services. necessary; (ii) For excessive duration; or (2) A participant who is incontinent (iii) Without adequate monitoring; or The program management must of urine receives appropriate treatment (iv) Without adequate indications for provide each participant with a and services to prevent urinary tract its use; or nourishing, palatable, well-balanced infections and to restore as much (v) In the presence of adverse meal that proportionally meets the daily normal bladder function as possible; consequences which indicate the dose nutritional and special dietary needs of and should be reduced or discontinued; or each participant. (3) A participant who has persistent (vi) Any combinations of the reasons (a) Food and nutritional services. The fecal incontinence receives appropriate in paragraphs (k)(1)(i) through (v) of this program management provides and/or treatment and services to treat reversible section. contracts with a food service entity and causes and to restore as much normal (2) Antipsychotic drugs. Based on a provides and/or contracts sufficient bowel function as possible. comprehensive assessment of a support personnel competent to carry (f) Range of motion. Based on the participant, the program management out the functions of the food service. comprehensive assessment of a must ensure that— (1) The program management must participant, the program management (i) Participants who have not used employ a qualified dietitian either part- must ensure that— antipsychotic drugs are not given these time or on a contract consultant basis to (1) A participant who enters the drugs unless antipsychotic drug therapy provide nutritional guidance. program without a limited range of is necessary to treat a specific condition (2) A qualified dietitian is one who is motion does not experience reduction in as diagnosed by the primary physician qualified based upon registration by the range of motion unless the participant’s and documented in the clinical record; Commission on Dietetic Registration of clinical condition demonstrates that a and the American Dietetic Association. reduction in range of motion is (ii) Participants who use (3) The dietitian must— unavoidable; and antipsychotic drugs receive gradual (i) Conduct participant nutritional (2) A participant with a limited range dose reductions, and behavioral assessments and recommend nutritional of motion receives appropriate interventions, unless clinically intervention as appropriate. treatment and services to increase range contraindicated, in an effort to (ii) Consult and provide nutrition of motion and/or to prevent further discontinue these drugs. education to participants, family/ decrease in range of motion. (l) Medication errors. The program caregivers, and program staff as needed. (g) Mental and psychosocial management must ensure that— (iii) Consult and provide education functioning. Based on the (1) Medication errors are identified and training to the food service staff. comprehensive assessment of a and reviewed on a timely basis; and (iv) Monitor and evaluate participants participant, the program management (2) strategies for preventing receiving enteral tube feedings and must ensure that a participant who medication errors and adverse reactions parenteral line solutions, and displays mental or psychosocial are implemented. recommend changes as appropriate. adjustment difficulty, receives (Authority: 38 U.S.C. 101, 501, 1741–1743) (b) Menus and nutritional appropriate treatment and services to adequacy.—(1) The participant’s total correct the assessed problem. (h) Accidents. The program 52.130 Nursing services. dietary intake is of concern but is not management must ensure that— The program management must the adult day health care program’s (1) The participant environment provide an organized nursing service responsibility. remains as free of accident hazards as is with a sufficient number of qualified (2) The program is responsible for the possible; and nursing personnel to meet the total meals served in the facility. (2) Each participant receives adequate nursing care needs, as determined by (c) Food. Each participant receives supervision and assistance devices to participant assessment and and the program provides— prevent accidents. individualized comprehensive plans of (1) Food prepared by methods that (i) Nutrition. Based on a participant’s care, of all participants in the program. conserve nutritive value, flavor, and comprehensive assessment, the program (a) There must be at least one appearance; management must ensure, by working registered nurse on duty each day of (2) Food that is palatable, attractive, with the family, that a participant— operation of the adult day health care and at the proper temperature; (1) Maintains acceptable parameters program. This nurse must be currently (3) Food prepared in a form designed of nutritional status, such as body licensed by the State and must have, in to meet individual needs; and

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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

VerDate 112000 18:57 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm03 PsN: 28JNP1 39848 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules medical center of jurisdiction as part of those professionals necessary to carry (iv) Participating in managing the the application for recognition and out the provisions of these environment by reviewing and thereafter as often as necessary to be requirements. Professional disciplines evaluating incident reports or current: involved in participant care must summaries of incident reports, (1) The copy of legal and include registered nurses, program identifying hazards to health and safety, administrative action establishing the assistants, physicians, social workers, and making recommendations to the State-operated facility (e.g., State laws); rehabilitation therapist, dietitian, and adult day health care program (2) Site plan of facility and therapeutic activity therapist and administrator; and surroundings. pharmacist. Other disciplines may be (v) Monitoring employees’ health (3) Legal title, lease, or other considered depending upon the status and advising the program document establishing right to occupy participant and/or program needs. administrator on employee-health facility; (2) Professional staff must be licensed, policies. (4) Organizational charts and the certified, or registered in accordance (3) The medical director may also operational plan of the adult day health with applicable State laws. provide hands-on assessment and/or care program; (3) The staff-participant ratio must be treatment if authorized by the (5) The number of the staff by sufficient in number and skills (at least participant’s primary care provider. In category indicating full-time, part-time one staff to 4 participants) to ensure programs where a medical director is and minority designation, annually; compliance with the standards of this available to act as a member of the team (6) The number of adult day health part. There must be at least two and authorizes care, information care participants who are veterans and responsible persons (paid staff concerning the care provided must be non-veterans, the number of veterans members) at the adult day health care shared with the primary care physician who are minorities and the number of center at all times when there are two who continues to provide the ongoing non-veterans who are minorities, or more participants in attendance. medical care. annually; (4) Persons counted in the staff to (4) The program management must (7) Annual State Fire Marshall’s participant ratio must spend at least 70 have written procedures for handling report; percent of their time in direct service medical emergencies. The procedures (8) Annual certification from the with participants. must include, at least: responsible State home showing (5) All professional team members (i) Procedures for notification of the compliance with Section 504 of the will serve in the role of case manager for family; Rehabilitation Act of 1973 (29 U.S.C. designated participants. (ii) Procedures for transportation 794) (VA Form 10–0143A set forth at 38 (6) All personnel, paid and volunteer, arrangements; CFR 58.14); will be provided appropriate training to (iii) Provision for an escort, if (9) Annual certification for Drug-Free maintain the knowledge and skills necessary; and Workplace Act of 1988 (41 U.S.C. 701– required for the participant needs. (iv) Procedures for maintaining a 707) (VA From 10–0143 set forth at 38 (h) Use of outside resources. (1) If the portable basic emergency information CFR 58.15); facility does not employ a qualified file for each participant that includes: (10) Annual certification regarding professional person to furnish a specific (A) Hospital preference; lobbying in compliance with 31 U.S.C. service to be provided by the facility, (B) Physician of record and telephone 1352 (VA Form 10–0144 set forth at 38 the program management must have number; CFR 58.16); that service furnished to participants by (C) Emergency contact (family); (11) Annual certification of a person or agency outside the facility (D) Insurance information; compliance with Title VI of the Civil under a written agreement described in (E) Medications/allergies; Rights Act of 1964 (42 U.S.C. 2000d-1) paragraph (h)(2) of this section. (F) Current diagnosis and history; and as effectuated in 38 CFR part 18 (VA (2) Agreements pertaining to services (G) Photograph for participant Form 10–0144A located at 38 CFR furnished by outside resources must identification. 58.17); specify in writing that the program (j) Required training of program (d) Percentage of veterans. At least 75 management assumes responsibility assistants. (1) Program assistants must percent of the program participants for— have a high school diploma or the must be eligible veterans except that the (i) Obtaining services that meet equivalent and must have at least one veteran percentage need only be more professional standards and principles year of experience in working with than 50 percent if the facility was that apply to professionals providing adults in a health care setting. Program acquired, constructed, or renovated services in such a program; and assistants also must complete the solely with State funds. All non-veteran (ii) The timeliness of the services. National Adult Day Services participants must be veteran-related (i) Medical director. (1) The program Association training course or complete family members or gold star parents of management must provide a primary equivalent training. veterans. care physician to serve as medical (2) The program management must (e) Management contract facility. If a director and a consultant to the not use any individual working in the program is operated by an entity interdisciplinary program team. program as a program assistant whether contracting with the State, the State (2) The medical director is permanent or not unless: must assign a State employee to monitor responsible for: (i) That individual is competent to the operations of the facility on a full- (i) Participating in establishing provide appropriate services; and time onsite basis. policies, procedures, and guidelines to (ii) That individual has completed (f) Licensure. The facility and program ensure adequate, comprehensive training or is certified by the National management must comply with services; Adult Day Services Association as a applicable State and local licensure (ii) Directing and coordinating certified Program Assistant in Adult Day laws. medical care in the program; Services. (g) Staff qualifications. (1) The (iii) Ensuring continuous physician (3) Verification. Before allowing an program management must employ on a coverage to handle medical individual to serve as a nurse aide or full-time, part-time or consultant basis emergencies; program assistant, program management

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(1) The program Before allowing an individual to serve standards and practices that are— management must have detailed written as a nurse aide or program assistant, (i) Complete; plans and procedures to meet all program management must seek (ii) Accurately documented; potential emergencies and disasters, information from every State registry (iii) Readily accessible; and such as fire, severe weather, bomb established under HHS regulations at 42 (iv) Systematically organized. threats, and missing participants. CFR 483.156 which the facility believes (2) Clinical records must be retained (2) The program management must may include information on the for— train all employees in emergency individual. (i) The period of time required by procedures when they begin to work in (5) Required retraining. If, since an State law; or the program, periodically review the individual’s most recent completion of (ii) Five years from the date of procedures with existing staff, and carry a training and competency evaluation discharge if there is no requirement in out unannounced staff drills using those program, there has been a continuous State law. procedures. period of 24 consecutive months during (3) The program management must (p) Transfer procedure. (1) The none of which the individual provided safeguard clinical record information program management must have in nursing or nursing-related services for against loss, destruction, or effect a written transfer procedure that monetary compensation, the individual unauthorized use. reasonably assures that— must complete a new training and (4) The program management must (i) Participants will be transferred competency evaluation program or a keep confidential all information from the adult day health care program new competency evaluation program. contained in the participant’s records, to the hospital, and ensured of timely (6) Regular in-service education. The regardless of the form or storage method admission to the hospital when transfer program management must complete a of the records, except when release is is medically appropriate as determined performance review of every nurse aide required by— by a physician; and or program assistant at least once every (i) Transfer to another health care (ii) Medical and other information 12 months, and must provide regular in- institution; needed for care and treatment of (ii) Law; service education based on the outcome participants will be exchanged between (iii) A third-party payment contract; the institutions. of these reviews. The in-service training (iv) The participant; or must— (2) The transfer must be with a (v) The participant’s legal hospital sufficiently close to the adult (i) Be sufficient to ensure the representative. continuing competence of nurse aides or day health care program to make (5) The clinical record must contain— transfer feasible. program assistants, but must be no less (i) Sufficient information to identify than 12 hours per year; (q) Compliance with Federal, State, the participant; and local laws and professional (ii) Address areas of weakness as (ii) A record of the participant’s determined in program assistants’ standards. The program management assessments; must operate and provide services in performance reviews and address the (iii) The plan of care and services special needs of participants as compliance with all applicable Federal, provided; State, and local laws, regulations, and determined by the program staff; and (iv) The results of any pre-enrollment codes, and with accepted professional (iii) For program assistants or nurse screening conducted by the State; and standards and principles that apply to aides providing services to individuals (v) Progress notes. with cognitive impairments, address the (n) Quality assessment and assurance. professionals providing services in such care of the cognitively impaired. (1) Program management must maintain a facility. This includes the Single Audit (k) Proficiency of program assistants. a quality improvement program and a Act of 1984 (31 U.S.C. 7501 et seq.) and The program management must ensure quality improvement committee the Cash Management Improvement that program assistants or nurse aides consisting of— Acts of 1990 and 1992 (31 U.S.C. 3335, are able to demonstrate competency in (i) A registered nurse; 3718, 3720A, 6501, 6503). skills and techniques necessary to care (ii) A medical director designated by (r) Relationship to other Federal for participants’ needs, as identified the program; and regulations. In addition to compliance through participant assessments, and (iii) At least 3 other members of the with the regulations set forth in this described in the plan of care. program’s staff. subpart, the program must meet the (l) Laboratory and radiology results. (2) The quality improvement applicable provisions of other Federal The program management must— committee— laws and regulations, including but not (1) Obtain laboratory or radiology (i) Must implement a quality limited to those pertaining to results from the participant’s primary improvement plan for the evaluation of nondiscrimination on the basis of race, physician to support the needs of its its operation and services and review color, national origin, handicap, or age participants. and revise annually; and (38 CFR part 18); protection of human (2) Assist the participant and/or (ii) Must meet at least quarterly to subjects of research (45 CFR part 46), family/caregiver in making identify quality of care issues; and section 504 of the Rehabilitation Act of transportation arrangements to and from (iii) Must develop and implement 1993 (29 U.S.C. 794); Drug-Free the source of laboratory or radiology appropriate plans of action to correct Workplace Act of 1988 (41 U.S.C. 701– services, if the participant needs identified quality deficiencies; and 707); restrictions regarding lobbying (31 assistance. (iv) Must ensure that identified U.S.C. 1352); Title VI of the Civil Rights (3) File in the participant’s clinical quality deficiencies are corrected within Act of 1964 (42 U.S.C. 2000d–1). record laboratory or radiology reports an established time period. Although these regulations are not in

VerDate 112000 16:25 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM pfrm02 PsN: 28JNP1 39850 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules themselves considered requirements DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Glen under this part, their violation may Knowles, Fish and Wildlife Biologist, result in the termination or suspension Fish and Wildlife Service Carlsbad Fish and Wildlife Office, at the of, or the refusal to grant or continue above address (telephone 760–431– payment with Federal funds. 50 CFR Part 17 9440; facsimile 760-431–9618). (s) Intermingling. A facility RIN 1018±AE30 SUPPLEMENTARY INFORMATION: recognized as a State home for Background providing adult day health care may Endangered and Threatened Wildlife only provide adult day health care in and Plants; Reopening of Comment The tidewater goby is a small, grayish the areas of the facility recognized as a Period and Notice of Availability of brown fish approximately 2 inches long Draft Economic Analysis on Proposed State home for providing adult day and which lives for about one year. It Critical Habitat Determination for the health care. occurs in coastal brackish-water habitats Tidewater Goby (t) VA management of State veterans such as lagoons, tidal bays, and homes. Except as specifically provided AGENCY: Fish and Wildlife Service, estuaries of rivers and streams along the California coastline. This fish is by statute or regulations, VA employees Interior. threatened by habitat loss and have no authority regarding the ACTION: Proposed rule; reopening of degradation, predation by non-native management or control of State homes comment period and notice of availability of draft economic analysis. species, and extreme weather and providing adult day health care. streamflow conditions. On August 3, (Authority: 38 U.S.C. 101, 501, 1741–1743) SUMMARY: The U.S. Fish and Wildlife 1999, the Fish and Wildlife Service Service announces the availability of a published a rule proposing critical § 52.220 Transportation. draft economic analysis of the proposed habitat for the tidewater goby Transportation of participants to and designation of critical habitat for the Eucyclogobius newberryi in the Federal from the adult day health care facility tidewater goby (Eucyclogobius Register (64 FR 42250), a species must be a component of the overall newberryi). We also provide notice of Federally listed as endangered throughout its range. We proposed program. the reopening of the comment period for the proposal to allow all interested designation of approximately 11.8 miles (a) The adult day health care program parties to submit written comments on of rivers, streams, and estuaries as management must provide, arrange, or the proposal and on the draft economic critical habitat for the tidewater goby contract for transportation to enable analysis. Comments previously pursuant to the Endangered Species Act participants, including persons with submitted need not be resubmitted as of 1973, as amended (Act). Proposed disabilities, to attend the program and to they will be incorporated into the public critical habitat is in Orange and San participate in facility-sponsored outings. records as a part of this reopening and Diego counties, California, as described (b) The adult day health care program will be fully considered in the final rule. in the proposed rule. management must have a transportation DATES: The original comment period on Section 4(b)(2) of the Act requires that policy that includes routine and the critical habitat proposal closed on the Secretary shall designate or revise emergency procedures, with a copy of October 4, 1999. The first reopened critical habitat based upon the best the relevant procedures located in all comment period closed on November scientific data available and after taking program vehicles. 30, 1999. The comment period is again into consideration the economic impact reopened and we will accept comments of specifying any particular area as (c) All vehicles transporting until July 28, 2000. Comments must be critical habitat. Based upon the participants to and from adult day received by the closing date. Any previously published proposal to health care must be equipped with a comments that are received after the designate critical habitat for the device for two-way communication and closing date may not be considered in tidewater goby and comments received one additional staff person besides the the final decision on this proposal. during previous comment periods, we driver. ADDRESSES: Copies of the draft have conducted a draft economic (d) All facility-provided and economic analysis are available on the analysis of the proposed critical habitat contracted transportation systems must Internet at ‘‘http://pacific.fws.gov/ designation. The draft economic meet local, state and federal regulations. crithab/tg’’ or by contacting the U.S. analysis is available at the above Internet and mailing address. In order to (e) The time to transport participant to Fish and Wildlife Service, Carlsbad Fish accept the best and most current or from the facility must not be more and Wildlife Office, 2730 Loker Avenue West, Carlsbad, California, 92008 scientific data regarding the critical than 60 minutes except under unusual habitat proposal and the draft economic conditions, e.g. bad weather. (telephone 760–431–9440; facsimile 760–431–9618). Written comments analysis of the proposal, we reopen the (Authority: 38 U.S.C. 101, 501, 1741–1743) should be sent to the Field Supervisor. comment period at this time. We will [FR Doc. 00–15639 Filed 6–27–00; 8:45 am] You may also send comments by accept written comments during this reopened comment period. Previously BILLING CODE 8320±01±P electronic mail (e-mail) to ‘‘[email protected].’’ Please submitted oral or written comments on submit comments in ASCII file format this critical habitat proposal need not be and avoid the use of special characters resubmitted. The current comment and encryption. Please include ‘‘Attn: period on this proposal closes on July RIN 1018–AE30’’ and your name and 28, 2000. Written comments may be return address in your e-mail message. submitted to the Service office in the Comments and materials received will ADDRESSES section. be available for public inspection, by Author: The primary author of this appointment, during normal business notice is Glen Knowles (see ADDRESSES hours at the above Service address. section).

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39853 of a biological control project to to our October 1999 environmental room. The reading room is located in suppress papaya mealybug. assessment that examined the release room 1141 of the USDA South Building, Since the publication of our October into the environment of Anagyrus, 14th Street and Independence Avenue, 1999 notice, a fourth genus of Apoanagyrus, and Acerophagus spp. SW., Washington, DC. Normal reading nonindigenous wasp—Pseudaphycus wasps. We are making the supplement room hours are 8 a.m. to 4:30 p.m., (Hymenoptera: Encrytidae)—that attacks to that environmental assessment Monday through Friday, except the papaya mealybug has been available to the public for review and holidays. To be sure someone is there to identified. Research conducted in comment. help you, please call (202) 690–2817 quarantine has shown Pseudaphycus The supplement to our October 1999 before coming. spp. wasps to be a primary parasite of environmental assessment has been APHIS documents published in the papaya mealybug, and this genus is only prepared in accordance with: (1) The Federal Register, and related known to attack species of mealybug. National Environmental Policy Act of information, including the names of Thus, a request has been made to the 1969 (NEPA), as amended (42 U.S.C. organizations and individuals who have Animal and Plant Health Inspection 4321 et seq.), (2) regulations of the commented on APHIS dockets, are Service (APHIS) for the release of Council on Environmental Quality for available on the Internet at http:// Pseudaphycus spp. wasps into the implementing the procedural provisions www.aphis.usda.gov/ppd/rad/ environment for the suppression of of NEPA (40 CFR parts 1500–1508), (3) webrepor.html. papaya mealybug infestations USDA regulations implementing NEPA The public meetings will be held at throughout the United States. (7 CFR part 1B), and (4) APHIS’ NEPA the following locations: The Pseudaphycus spp. wasps will be Implementing Procedures (7 CFR part (1) Salem, OR: Oregon Department of imported from Mexico into U.S. 372). Agriculture, Hearing Room, 635 Department of Agriculture (USDA)- Done in Washington, DC, this 22nd day of Capitol NE, Salem, OR. certified insect quarantine facilities at June 2000. (2) Albany, NY: New York Department the Beneficial Insects Introduction Bobby R. Acord, of Agriculture and Marketing, State Research Laboratory (BIIRL) in Newark, Acting Administrator, Animal and Plant Conference Room, 1 Winners Circle, DE. At BIIRL, species identifications Health Inspection Service. Albany, NY. would be confirmed by USDA and State [FR Doc. 00–16312 Filed 6–27–00; 8:45 am] (3) Forest Park, GA: Atlanta Farmers’ taxonomists, and undesirable BILLING CODE 3410±34±P Market, Welcome Center, 16 Forest organisms, such as hyperparasites, Parkway, Forest Park, GA. would be screened out and properly FOR FURTHER INFORMATION CONTACT: eliminated. Laboratory colonies would DEPARTMENT OF AGRICULTURE be established by APHIS and State Coanne E. O’Hern, National Survey cooperators. The wasps would then be Coordinator, PPQ, APHIS, 4700 River Animal and Plant Health Inspection Road Unit 134, Riverdale, MD 20737– released by APHIS and State Service cooperators in areas invaded by the 1236; (301) 734–8247. papaya mealybug. Such areas include [Docket No. 00±058±1] SUPPLEMENTARY INFORMATION: The Animal and Plant Health Inspection the U.S. Virgin Islands, Puerto Rico, and Public Meetings; Pine Shoot Beetle Florida, where the papaya mealybug is Service (APHIS) plans to host three now present. The papaya mealybug may AGENCY: Animal and Plant Health public meetings to discuss how we also spread to other States due to the Inspection Service, USDA. should administer our pine shoot beetle presence of hosts and favorable habitats. ACTION: Notice of public meetings and program. These areas include Alabama, Arizona, request for comments. Our pine shoot beetle program is Arkansas, California, Delaware, Georgia, based on our pine shoot beetle Hawaii, Louisiana, Maryland, SUMMARY: The Animal and Plant Health regulations (7 CFR 301.50–1 through Mississippi, Nevada, New Jersey, New Inspection Service plans to host three 301.50–10, referred to below as the Mexico, North Carolina, Oklahoma, public meetings to discuss issues related regulations). The regulations govern the South Carolina, Tennessee, Texas, and to how we should administer our pine interstate movement of regulated Virginia. If the papaya mealybug does shoot beetle program. articles from areas quarantined because spread to these areas, APHIS and State DATES: We invite you to comment on of pine shoot beetle. Section 301.50–2 of cooperators will release the wasps in the this docket. We will consider all the regulations provides a list of articles affected areas also. comments that we receive by August 28, regulated because of pine shoot beetle. We expect that these stingless wasps 2000. Regulated articles are the following pine would become established and The public meetings will be held in: (Pinus spp.) products: Bark nuggets reproduce naturally without further (1) Salem, OR, on July 24, 2000; (2) (including bark chips), Christmas trees, human intervention. Albany, NY, on July 26, 2000; and (3) logs with bark attached, lumber with If APHIS does release Pseudaphycus Forest Park, GA, on July 28, 2000. Each bark attached, nursery stock, pine spp. wasps, the release of these wasps public meeting will begin at 1 p.m. and wreaths and garlands, raw pine will complement our previous releases is scheduled to end at 5 p.m., local time. materials for pine wreaths and garlands, of Anagyrus, Apoanagyrus, and ADDRESSES: If you cannot attend a and stumps. In addition, any other Acerophagus spp. wasps, which were public meeting, please send your article determined to present a risk of the first exotic biological control agents written comment and three copies to: spreading pine shoot beetle may be approved for release against papaya Docket No. 00–058–1, Regulatory designated as a regulated article. Section mealybug in the United States. Analysis and Development, PPD, 301.50–3 of the regulations lists areas To document APHIS’ review and APHIS, Suite 3C03, 4700 River Road, quarantined because of pine shoot analysis of the environmental impact Unit 118, Riverdale, MD 20737–1238. beetle. Quarantined areas include and plant pest risk associated with Please state that your comment refers counties in the following States: Illinois, releasing Pseudaphycus spp. wasps into to Docket No. 00–058–1. Indiana, Maryland, Michigan, New the environment as biological control You may read any comments that we Hampshire, New York, Ohio, agents, we have prepared a supplement receive on this docket in our reading Pennsylvania, Vermont, West Virginia,

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We ask that anyone practices established by States on treatment of regulated articles. who reads a statement or submits a program participation, selected From 1992, when pine shoot beetle written statement provide two copies to participant outcomes, and program was first detected in the United States, the presiding officer at the meeting. costs. through 1997, the pine shoot beetle Registration for each public meeting DATES: Written comments on this notice program was funded through APHIS will take place from 12:30 p.m. to 1 p.m. must be received by September 1, 2000 contingency funding. From fiscal year on the day of the meeting at the meeting to be assured of consideration. 1998 through fiscal year 2000, funding room. Each public meeting will begin at ADDITIONAL INFORMATION OR COMMENTS: for the program (approximately 1 p.m. and is scheduled to end at 5 p.m., Requests for additional information $185,000) came from miscellaneous pest local time. However, any meeting may should be directed to Phil R. Kaufman, line item funding. These funds are end at any time after it begins if all Food Markets Branch, Food and Rural limited for use in the eastern region of persons desiring to speak have been Economics Division, Economic Research the United States. We are not certain heard. If the number of speakers at a Service, U.S. Department of Agriculture, whether there will be adequate funding meeting warrants it, the presiding 1800 M. St., NW, Room N2118, to conduct pine shoot beetle program officer may limit the time for Washington, D.C. 20036–5801. For activities in fiscal year 2001 and presentations so that everyone wishing further information contact: Phil R. beyond. to speak has the opportunity. Kaufman, 202–694–5376. Submit In spite of our efforts to control the Written Comments electronic comments to spread of pine shoot beetle through the [email protected]. regulations, infested counties continue If you cannot attend a public meeting, to be detected each year. Because of you may submit written comments on SUPPLEMENTARY INFORMATION: this, we must annually add many the topics outlined in this notice. To Title: Paperwork Reduction Act counties to the list of quarantined areas. submit written comments, please follow Submission (OMB–83–1). The public meetings will provide an the instructions listed under the Type of Request: New collection of opportunity for interested persons to heading ADDRESSES near the beginning information. Abstract: ERS of the U.S. Department comment on whether APHIS should of this document. of Agriculture is responsible for continue to administer the pine shoot Done in Washington, DC, this 22nd day of conducting studies and evaluations of beetle program in accordance with the June 2000. the Nation’s food assistance programs regulations or if we should pursue Bobby R. Acord, that are administered by the Food and another course of action. Please note, Acting Administrator, Animal and Plant Nutrition Service (FNS), U.S. however, that while the information Health Inspection Service. Department of Agriculture. WIC is the gathered during the meetings may [FR Doc. 00–16316 Filed 6–27–00; 8:45 am] second largest domestic food-assistance indicate the need for changes to our BILLING CODE 3410±34±P program in the United States. In Federal current regulatory program, the fiscal year 1998, WIC served meetings will not directly result in any approximately 7.4 million participants changes to the regulations. If we DEPARTMENT OF AGRICULTURE each month at an annual cost determine that changes to the approaching $4 billion (FNS, 1998). regulations are appropriate, we will Economic Research Service WIC is administered through grants to publish a document in the Federal the 50 states, the District of Columbia, Register for public comment. Notice of Intent To Seek Approval to Collect Information Puerto Rico, Guam, American Samoa, Topics the American Virgin Islands, and 33 Because of the potential for AGENCY: Economic Research Service, Indian Tribal Organizations. State WIC inadequate funding and the continued USDA. agencies administer the program spread of pine shoot beetle, we would ACTION: Notice and request for through roughly 2,000 local agencies like interested persons to comment on comments. representing about 10,000 service the following topics: delivery sites. SUMMARY: 1. Should the pine shoot beetle In accordance with the WIC provides a comprehensive set of program be maintained? Paperwork Reduction Act of 1995 (Pub. services including supplemental foods, 2. How effective is the pine shoot L. No. 104–13) and Office of nutrition education, and increased beetle program? Management and Budget (OMB) access to health care and social services 3. What changes could be made to the regulations at 5 CFR 1320 (60 FR 44978, for pregnant, breastfeeding, and program to make it more effective? August 29, 1995), this notice announces postpartum women; infants; and 4. If we maintain the program, how the Economic Research Service’s (ERS) children up to the age of five years. To should it be funded? intention to request approval for a new qualify for WIC, a health or nutritional Comments on these, or other related information collection from participants risk must be documented by a health topics, are welcome during the public in the Special Supplemental Nutrition professional and participants must be meetings. Program for Women, Infants and income-eligible. Children (WIC); from local WIC agency WIC is not an entitlement program. Meeting Procedures/Registration staff; and from food store cashiers, to Each State must operate within annual A representative of APHIS will address the legislative mandate in the funding levels established via a formula preside at each public meeting. Any William F. Goodling Child Nutrition devised by FNS to distribute funds interested person may appear and be Reauthorization Act of 1998 ( Pub. L. appropriated by the Congress. This

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Cross-state analyses will costs, so that they can serve the selection method is appropriate because compare responses of participants from maximum feasible number of eligible of the need for State cooperation and States implementing one or more types persons with the available funds. Cost- because the study is intended to explore of cost-containment practice to containment strategies employed by the possibility that WIC cost- responses of participants from States State WIC agencies fall into three main containment practices have significant who are not using the same (or any) categories: impacts on participants and program practices to determine whether there are —Restricting the size, brand, and price costs, not to provide definitive, any systematic differences in the range of food items that participants nationally-representative impact relevant outcome measures. Within- can buy with WIC benefits; estimates. state analyses will focus on a —Restricting the number and/or types ERS, working with Abt Associates, comparison of responses from those of approved WIC vendors (food Inc., who will collect the information, participants who are and are not stores); and will draw on several data sources in constrained by cost-containment —Purchasing food items with each of the six participating States. practices. Finally, responses of manufacturer rebates. Maximum use will be made of existing participants with special diets or food data in State WIC information systems, Currently, all State agencies are allergies will be examined to determine including participant certification the extent to which they may have required to buy infant formula under records, food instrument issuance and rebate contracts and are strongly greater problems associated with cost- redemption records, and vendor containment than other participants. encouraged by FNS to employ practices locations and characteristics. These data intended to reduce other costs of food To explore the possible effects of cost will be used to construct sample frames containment on participant drop-out benefits for women and children. By for a survey of WIC participants, a design, the planned study will not rates, the study will use State survey of WIC vendors, and focus information systems data to identify examine infant formula rebates. By groups with WIC participants who do those WIC participants who have failed reducing food costs, cost-containment not pick up all of their WIC food to pick up one or more of their monthly practices have the potential to increase vouchers, as well as in the analyses of food package instruments. A screening the number of eligible women, infants outcomes. A second existing interview will be used to select those and children served by WIC. Concerns information source is supermarket participants whose decision not to pick have been raised, however, that overly scanner data, which will provide up their food instruments may have restrictive policies may reduce information on WIC transactions (such been affected by cost-containment participants’ access to and consumption as brand and size of food products practices. Focus groups with these WIC of prescribed foods, and may ultimately selected) for a subset of WIC-approved participants will take place in each lead to reduced participation and vendors within each State. Finally, adverse health impacts. In addition, electronic benefit transfer (EBT) participating State. some observers have questioned transaction data will provide similar The Survey of Food Prices and Item whether cost-containment practices save information for WIC transactions in Availability will be a major data source enough in food costs to offset their Ohio, the only selected State that will be for estimating cost savings due to cost- additional administrative costs. using EBT to process WIC transactions containment practices; it also provides As mandated by the William F. during the study period. information on both the variety of WIC Goodling Child Nutrition The remaining data sources, for which foods offered and shelf availability. Abt Reauthorization Act of 1998, ERS is OMB clearance will be needed, are a Associates data collectors will obtain conducting a study to describe and survey of WIC participants, a screener information on food items normally assess the effects of these practices on survey to recruit WIC participants for stocked by asking store cashiers to scan seven outcomes: (1) Program focus groups, a survey of WIC food a set of UPC (Universal Product Code) participation; (2) access and availability availability and prices, and interviews codes for a standard list of foods of prescribed foods; (3) voucher with WIC staff. The Survey of WIC meeting Federal WIC guidelines. Stores redemption rates and actual food Participants is a telephone survey of will be sampled from among all WIC- selections by participants; (4) active WIC recipients in each of the six authorized vendors in the study sites participants on special diets or with participating States, with field follow- selected for the Survey of WIC specific food allergies; (5) participant up. The survey will be administered to Participants; stores will be stratified by use and satisfaction of prescribed foods; a random sample of recipients selected store type (supermarket vs. grocery (6) achievement of positive health by a two-stage process. In each State, store), size, and WIC vs. non-WIC status. outcomes; and (7) program costs. Pub. L. three study sites will be selected, one In States with vendor restrictions, non- 105–336, Sec. 203(r), 112 Stat. 3143, from each stratum defined by urban, WIC vendors will also be sampled and 3166. This study will provide the first suburban, and rural areas. WIC surveyed. In States with vendor systematic data on the balance struck by participants will then be randomly restriction practices, food prices and WIC State agencies between the goals of selected from a list of all participants availability will be compared between nutritional improvement and customer residing in the study sites, stratified by WIC vendors and non-WIC vendors. In satisfaction and the need to make the women and children. States with item restriction practices, most of available program funds. The Survey of WIC Participants will food prices and availability will be The study is being conducted in six collect information relevant to all study compared between WIC-approved food States: California, Connecticut, North objectives including: access to WIC items and non-WIC approved foods that Carolina, Ohio, Oklahoma, and Texas. vendors; food item selections and food meet Federal guidelines.

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39859 local nonprofit organizations in rural DEPARTMENT OF AGRICULTURE 0781, 1400 Independence Ave. SW, areas to plan, develop, and implement Washington, DC 20250–0781. E-mail: programs for resource conservation and Rural Housing Service [email protected]. development. Through the Telephone: (202) 690–4499. This Notice of Availability of Funding and establishment of RC&D Areas, the number is not toll-free. Hearing or Requests for Proposals for Guaranteed program establishes or improves speech impaired persons may access Loans Under the Section 538 coordination systems in rural that number by calling the Federal Guaranteed Rural Rental Housing Information Relay Service toll-free at communities and builds rural Program community leadership skills to (800) 877–8339. effectively utilize Federal, State, and AGENCY: Rural Housing Service, USDA. SUPPLEMENTARY INFORMATION: The local programs for the communities’ ACTION: Notice. GRRHP is operated under the direction benefit. of title 7 CFR part 3565. The Guaranteed SUMMARY: This Notice of Fund Rural Rental Housing Program Current program objectives focus on Availability (NOFA or Notice) Origination and Servicing Handbook the ‘‘quality of life’’ improvements announces the timeframe and (HB–1–3565) is available to provide achieved through natural resources submission requirements and deadlines lenders and the general public with the conservation and community to submit proposals in the form of ‘‘how to’’ administrative guidance development. Such activities lead to ‘‘NOFA responses’’ for the section 538 needed to administer the program. HB– sustainable communities, prudent land Guaranteed Rural Rental Housing 1–3565, which contains a copy of 7 CFR use, and the sound management and Program (GRRHP). Eligible lenders, as part 3565 in Appendix 1, may be found conservation of natural resources. defined in paragraph VII(D) of this on the Rural Development Regulation Assistance is provided, as authorized NOFA are invited to submit NOFA web site internet address of ‘‘http:// by the Secretary of Agriculture, to proposals for the development of rdinit.usda.gov/regs’’ or copies may be designated RC&D Areas through their affordable rental housing to serve rural obtained from the Rural Housing organized RC&D Councils, comprised of America. This document describes the Service Multi-Family Housing local leaders. RC&D Councils and their overall application process, including Processing Division at 202–720–1604. sponsors, in association with State, the selection and identification of any This is not a toll-free number. Hearing- local, and Federal governments, and priorities for selection of proposed or speech-impaired persons may access non-profit organizations, initiate and applications, and the process by which that number by calling the Federal lead the planning and implementation the Rural Housing Service (RHS or Information Relay Service toll-free at of their locally developed RC&D Area Agency) will score and rank the (800) 877–8339. proposals. Information will also be plans. Councils also obtain assistance Discussion of Notice from other local, State, and Federal included concerning the submission agencies; private organizations; and requirements. Lenders may submit their I. Purpose and Program Summary foundations. application concurrently with their On March 28, 1996, President Clinton NOFA response. signed the ‘‘Housing Opportunity USDA prohibits discrimination in its DATES: The deadline for receipt of programs and activities on the basis of Program Extension Act of 1996,’’ Public NOFA responses is 4:00 PM, Eastern Law 104–120, authorizing the section race, color, national origin, gender, Daylight Savings Time on August 15, religion, age, sexual orientation, or 538 Guaranteed Rural Rental Housing 2000. Lenders intending to mail a NOFA Program (GRRHP). The program is disability. Additionally, discrimination response must provide sufficient time to designed to increase the supply of on the basis of political beliefs and permit delivery on or before the closing affordable multifamily housing through marital or family status is also deadline date and time. Acceptance by partnerships between Rural Housing prohibited by statutes enforced by a post office or private mailer does not Service (RHS) and major lending USDA. (Not all prohibited bases apply constitute delivery. Facsimile (FAX), sources, as well as state and local to all programs.) Persons with Cash on Delivery (COD), and postage housing finance agencies and bond disabilities who require alternative due NOFA responses or applications issuers. Qualified lenders will be means for communication of program will not be accepted. NOFA responses authorized to originate, underwrite, and information (braille, large print, and will not be accepted after the deadlines close loans for multifamily housing audio tape, etc.) should contact the previously mentioned, unless that date projects requiring new construction or USDA’s Target Center at (202) 720–2600 and time is extended by another Notice acquisition with rehabilitation of at least (voice and TDD). published in the Federal Register. $15,000 per unit, when the acquisition To file a complaint of discrimination ADDRESSES: Responses for participation results in the creation of new affordable to USDA, write Director, Office of Civil in the program must be identified as housing units. RHS may guarantee such Rights, Room 326–W, Whitten Building, ‘‘Section 538 Guaranteed Rural Rental loans upon presentation and review of 14th and Independence Avenue, SW, Housing Program’’ on the envelope and appropriate certifications, project Washington, DC 20250–9410, or call be submitted to: Director, Multi-Family information and satisfactory completion (202) 720–5964 (voice and TDD). The Housing Processing Division, Rural of the appropriate level of USDA is an equal opportunity provider Housing Service, U.S. Department of environmental review by RHS. Lenders and employer. Agriculture, Room 1263 (STOP 0781), will be responsible for the full range of 1400 Independence Ave. SW, loan management, servicing, and Signed at Washington, DC on June 21, Washington, DC 20250–0781. property disposition activities 2000. FOR FURTHER INFORMATION CONTACT: associated with these projects. The Pearlie S. Reed, Joyce Allen, Deputy Director, lender will be expected to provide Chief, Natural Resources Conservation Guaranteed Loans, Multi-Family servicing or contract for servicing of Service. Housing Processing Division, U.S. each loan it underwrites. In turn, RHS [FR Doc. 00–16382 Filed 6–27–00; 8:45 am] Department of Agriculture, South will guarantee the lender’s loan up to 90 BILLING CODE 3410±16±P Agriculture Building, Room 1271, STOP percent of total development cost and

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This means that the application fee of $2,500.00 and full (5) Collateral—all security, in Agency will have a risk exposure under application if not already submitted. addition to the real property, proposed the GRRHP of approximately 80 percent When the conditions of the conditional to secure the loan. of the total development cost. Any commitment are met, the lender will losses would be split on a pro-rata basis submit the required information with a C. The Proposed Borrower between the lender and the Agency from separate guarantee fee of 1% of the total (1) The name of the borrower and the the first dollar lost. guarantee amount. type of ownership entity—list the II. Allocation IV. Submission Requirements general partners if a limited partnership, officers if a corporation or members of NOFA submission requirements are This NOFA announces the availability an LLC. of approximately $36.8 million in Non- subject to change and it is important to (2) Borrower’s contact name, mailing Interest Credit section 538 program note that all responses must be address, phone and fax numbers, and e- dollars for FY 2000. There are no submitted in accordance with the terms mail address. Interest Credit funds remaining for FY of this NOFA which are different from 2000. Responses requesting interest the last published NOFA. (3) Statement of borrower’s housing credit assistance will not be considered Incomplete submissions will not be development experience. in this NOFA. The Fiscal Year (FY) 2000 considered, and the lender will be D. Lender Eligibility and Approval budget authority provided notified of the reason the response was Status approximately $100 million in program incomplete. The required information is dollars. Approximately $62 million listed as follows: Evidence that the lender is either an approved lender for the purposes of the dollars in NOFA awards were awarded A. The Project in a previous FY 2000 NOFA, which GRRHP or that the lender is eligible to closed May 8, 2000. That NOFA (1) A brief description of the proposed apply for approved lender status as resulted in interest credit requests location of the project, including town, defined in paragraph VII(D) of this exceeding the interest credit available. county, state, and congressional district. NOFA. The application for lender (2) A description of the property and FY 2000 funds will be held in the approval must be made at the same time improvements, including lot size, National Office. There are no set-asides as the first loan application. number of units and bids, building type, or demonstration purposes for the type of construction, etc., including E. Competitive Criteria GRRHP for FY 2000. preliminary drawings, if available. Information that shows how the III. Application Process (3) The proposed development proposal is responsive to the selection Lenders should respond to section schedule. criteria specified in the NOFA. (See (4) Total project development cost. paragraph V of this NOFA). 538 NOFA’s only when they have (5) The proposed rent structure and completed a preliminary underwriting area median income—(HUD published F. Lender Certification analysis and are willing to make the area median incomes can be found A commitment letter or certification proposed loan subject only to the online at http://www.huduser.org). issuance of a guarantee by the Agency. by the lender that will make a loan to (6) Evidence of site control by the the borrower for the proposed project, Unfortunately, the Agency has found proposed borrower or a purchase that in some instances, this has not been under specified terms and conditions option. subject only to the issuance of a the case. In an effort to reduce the (7) Description of any environmental guarantee by the Agency. The lender number of unacceptable NOFA issues that may affect the project. certification must be on the lender’s responses and judiciously commit (8) Amount of loan to be guaranteed. program dollars to projects that letterhead, and be signed by both the demonstrate a readiness to proceed, the B. The Proposed Financing lender and the applicant, and be Agency will strictly adhere to the (1) Proposed loan amount and the submitted by the lender to the Agency. submission requirements. proposed borrower’s equity. V. Competitive Criteria In the interest of time, lenders have (2) Estimated development budget the option of submitting a combined (total and cost per unit), and the In order to expedite the review of the NOFA response and application. proposed sources and uses of funds. applications, RHS suggests using the However, the Agency will not give This information should include all following sample NOFA response preference to a submission containing proposed financing sources—the checklist to ensure that you have both a NOFA response and an amount, type, rates and terms of loans, addressed all the submission application. Lenders who submit tax credits, or grant funds. Letters of requirements and competitive criteria of complete applications are encouraged, application and commitment letters this NOFA. but not required, to include a checklist should be included, if available. BILLING CODE 3410±XV±U

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39863 first loan application. The first loan DEPARTMENT OF AGRICULTURE Title: Water and Waste Disposal application means: (1) The first Programs Guaranteed Loans. Rural Utilities Service application for a loan guarantee for a Type of Request: New collection new loan; or (2) The first application Information Collection Activity; approval. before ownership of any GRRHP loan is Comment Request Abstract: The Rural Utilities Service transferred to that lender. A lender must is authorized by Section 306 of the be approved before a loan guarantee is AGENCY: Rural Utilities Service, USDA. Consolidated Farm and Rural issued or a guaranteed loan is acquired. ACTION: Notice and request for Development Act (7 U.S.C. 1926) to comments. An eligible lender must be a licensed make loans to public agencies, nonprofit business entity or Housing Finance SUMMARY: In accordance with the corporations, and Indian tribes for the Authority (HFA) in good standing in the Paperwork Reduction Act of 1995 (44 development of water and waste state or states where it conducts U.S.C. Chapter 35, as amended), the disposal facilities primarily servicing business; be approved by the Agency; Rural Utilities Service (RUS) invites rural residents. The guaranteed loan and meet at least one of the criteria comments on this information program encourages lender participation contained below. Lenders who are not collection for which RUS intends to and provides specific guidance in the eligible may participate in the program request approval from the Office of processing and servicing of guaranteed if they maintain a correspondent Management and Budget (OMB). loans. The regulations governing the relationship with a lender who is DATES: Comments on this notice must be Water and Waste Disposal Guaranteed eligible. An eligible lender must: received by August 28, 2000. Loan program are currently codified at (a) Meet the qualifications of, and be FOR FURTHER INFORMATION CONTACT: F. 7 CFR 1980, subparts A and I, and the approved by, the Secretary of Housing Lamont Heppe, Jr., Director, Program reporting and recordkeeping and Urban Development to make Development and Regulatory Analysis, requirements are currently cleared multifamily housing loans that are to be Rural Utilities Service, 1400 under OMB Control Numbers 0572– insured under the National Housing Independence Ave., SW., STOP 1522, 0119 and 0572–0120. The Agency Act; Room 4036 South Building, issued a proposed rule dated October 7, Washington, DC 20250–1522. (b) Meet the qualifications and be 1997, at 62 FR 52277, that proposed to Telephone: (202) 720–9550. FAX: (202) amend 7 CFR 1980, subparts A and I. approved by Fannie Mae or Freddie Mac 720–4120. The Agency is currently working on the to make multifamily housing loans that SUPPLEMENTARY INFORMATION: The Office are to be sold to such corporations; final rule and when the rule is finalized of Management and Budget’s (OMB) the Water and Waste Disposal (c) Be a state or local HFA, or a regulation (5 CFR 1320) implementing Guaranteed Loan program will be member of the Federal Home Loan Bank provisions of the Paperwork Reduction codified at 7 CFR 1779 and covered system, with a demonstrated ability to Act of 1995 (Pub. L. 104–13) requires under a new OMB Control number, underwrite, originate, process, close, that interested members of the public incorporating all requirements for the service, manage, and dispose of and affected agencies have an program. multifamily housing loans in a prudent opportunity to comment on information manner; collection and recordkeeping activities Estimate of Burden: Public reporting (see 5 CFR 1320.8(d)). This notice burden for this collection of information (d) Be a lender who meets the identifies an information collection that is estimated to average 7.8 hours per requirements for Agency approval RUS is submitting to OMB for response. contained in 7 CFR part 3565 subpart B reinstatement. Respondents: Business or other for and has a demonstrated ability to Comments are invited on: (a) Whether profit; not-for-profit institutions; State, underwrite, originate, process, close, the proposed collection of information service, manage, and dispose of is necessary for the proper performance Local or Tribal Government. multifamily housing loans in a prudent of the functions of the Agency, Estimated Number of Respondents: manner; or including whether the information will 15. (e) Be a lender who meets the have practical utility; (b) the accuracy of Estimated Number of Responses per following requirements in addition to the Agency’s estimate of the burden of Respondent: 7.3. the proposed collection of information the other requirements of 7 CFR part Estimated Total Annual Burden on 3565 subparts B and of subpart I: including the validity of the methodology and assumptions used; (c) Respondents: 858 hours. (1) Have qualified staff to perform ways to enhance the quality, utility and Copies of this information collection multifamily housing servicing and asset clarity of the information to be can be obtained from Michele Brooks, management; collected; and (d) ways to minimize the Program Development and Regulatory (2) Have facilities and systems that burden of the collection of information Analysis, at (202) 690–1078. FAX: (202) support servicing and asset management on those who are to respond, including 720–4120. functions; and through the use of appropriate All responses to this notice will be automated, electronic, mechanical, or (3) Have documented procedures for summarized and included in the request other technological collection carrying out servicing and asset for OMB approval. All comments will techniques or other forms of information management responsibilities. technology. Comments may be sent to: also become a matter of public record. Dated: June 21, 2000. F. Lamont Heppe, Jr., Director, Program Dated: June 20, 2000. David J. Villano, Development and Regulatory Analysis, Christopher A. McLean, Acting Administrator, Rural Housing Service. Rural Utilities Service, U.S. Department Acting Administrator, Rural Utilities Service. [FR Doc. 00–16311 Filed 6–27–00; 8:45 am] of Agriculture, STOP 1522, 1400 [FR Doc. 00–16273 Filed 6–27–00; 8:45 am] Independence Ave., SW., Washington, BILLING CODE 3410±XV±P DC 20250–1522. FAX: (202) 720–4120. BILLING CODE 3410±15±P

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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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Data Pursuant to its authority under the to Linda Englemeier, Departmental Foreign-Trade Zones Act of June 18, Forms Clearance Officer, Department of OMB Number: 0608–0060. 1934, as amended (19 U.S.C. 81a–81u), Commerce, Room 6086 , 14th and Form Number: BE–22. the Foreign-Trade Zones Board (the Constitution Avenue, NW, Washington Board) adopts the following Order: D.C. 20230 or by E-mail to Type of Review: Regular submission. Whereas, the Georgia Foreign-Trade [email protected]. Affected Public: Businesses or other Zone, Inc., grantee of Foreign-Trade FOR FURTHER INFORMATION CONTACT: for-profit, not-for-profit institutions, Zone 26 (Atlanta, Georgia), submitted an Requests for additional information or farms, and State, Local or Tribal application to the Board for authority to copies of the information collection Government. expand FTZ 26 to include a site at the instruments and instructions should be Canton-Cherokee County Business and Estimated Number of Respondents: directed to: R. David Belli, U.S. Industrial Park located in Canton, 1,500 annually. Department of Commerce, Bureau of Georgia (Site 3), adjacent to the Atlanta Economic Analysis, BE–50 (OC), Estimated Time Per Response: 11.5 Customs port of entry (FTZ Docket 59– Washington D.C. 20230 (Telephone: hours. 99; filed 11/23/99); 202–606–9800). Estimated Total Annual Burden: Whereas, notice inviting public SUPPLEMENTARY INFORMATION: 17,250 hours. comment was given in the Federal Register (64 FR 67844, 12/3/99) and the I. Abstract Estimated Total Annual Cost: application has been processed The Annual Survey of Selected $517,500 (based on an estimated pursuant to the FTZ Act and the Board’s Services Transactions with Unaffiliated reporting burden of 17,250 hours and regulations; and, Foreign Persons (Form BE–22) obtains estimated hourly cost of $30). Whereas, the Board adopts the reliable and up-to-date information on Respondent’s Obligation: Mandatory. findings and recommendations of the examiner’s report, and finds that the selected U.S. services transactions with Legal Authority: Title 22, United requirements of the FTZ Act and unaffiliated foreign persons. It is States Code, Sections 3101–3108. intended to update the results of the Board’s regulations are satisfied, and BE–20, Benchmark Survey of Selected IV. Request for Comments that the proposal is in the public Services Transactions with Unaffiliated interest; Foreign Persons. The BE–20 survey is Comments are invited on: (a) Whether Now, Therefore, the Board hereby conducted once every five years, and the proposed collection of information orders: the last survey covered 1996. A BE–22 is necessary for the proper performance The application to expand FTZ 26 is survey is conducted each of the four of the functions of the agency, including approved, subject to the Act and the years between the two benchmark whether the information has practical Board’s regulations, including Section surveys; the last BE–22 survey covered utility; (b) the accuracy of the agency’s 400.28, and further subject to the 1999. Some of the major purposes of the estimate of the burden (Including hours Board’s standard 2,000-acre activation survey are to provide information and cost) of the proposed collection of limit. needed in formulating U.S. international information; (c) ways to enhance the Signed at Washington, DC, this 21st day of trade policy on services, supporting quality, utility, and clarity of the June 2000. bilateral and multilateral trade information to be collected; and (d) Troy H. Cribb, negotiations and monitoring trade ways to minimize the burden of the Acting Assistant Secretary of Commerce for agreements, compiling the U.S. collection of information on Import Administration, Alternate Chairman, international transactions and national respondents, including through the use Foreign-Trade Zones Board. income and product accounts, assessing of automated collection techniques or Attest: and promoting U.S. competitiveness in other forms of information technology. Pierre V. Duy, international trade in services, and Comments submitted in response to Acting Executive Secretary. improving the ability of U.S. businesses [FR Doc. 00–16376 Filed 6–27–00; 8:45 am] to identify and evaluate market this notice will be summarized and/or BILLING CODE 3510±DS±P opportunities. No changes are being included in the request for OMB proposed for Form BE–22. approval of this information collection; they will also become a matter of public DEPARTMENT OF COMMERCE II. Method of Collection record. The BE–22 survey must be filed by Dated: June 22, 2000. Foreign-Trade Zones Board each U.S. person that had transactions (either sales or purchases) in excess of Madeleine Clayton, [Order No. 1107] Management Analyst, Office of the Chief $1,000,000 with an unaffiliated foreign Grant of Authority for Subzone Status, person in any of the services covered by Information Officer. [FR Doc. 00–16289 Filed 6–27–00; 8:45 am] SMC Pneumatics, Inc. (Pneumatic the survey. If a U.S. person had Automation Components); transactions (either sales or purchases) BILLING CODE 3510±06±P Indianapolis, IN in the types of services covered by the survey but they were $1,000,000 or less, Pursuant to its authority under the the U.S. person is requested to Foreign-Trade Zones Act, of June 18,

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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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Kuga, Acting Deputy Assistant Michael Andrews, U.S. Department of Martin Daley, of Central Hudson Gas & Secretary, dated June 21, 2000, which is Commerce Tel: 202–482–2795, Fax: Electric Corporation (CHPG) (1254). on public file in the Central Records 202–482–0975, E-Mail: ADDRESSES: Written comments on any of Unit, Room B–099 of the Department of [email protected]. the new applications or modification Commerce. We intend to issue the final For further information contact requests should be sent to the results no later than 120 days after the Reginald Beckham, U.S. Department of appropriate office as indicated here. publication of the preliminary results. Commerce. Tel: 202–482–5478, Fax: Comments may also be sent via fax to This extension is in accordance with 202–482–1999. the number indicated for the application section 751(a)(3)(A) of the Act. Dated: June 22, 2000. or modification request. Comments will not be accepted if submitted via e-mail Dated: June 22, 2000. Tom Nisbet, Holly A. Kuga, or the internet. The applications and Director, Promotion Planning and Support related documents are available for Acting Deputy Assistant Secretary, Import Division, Office of Export Promotion Administration. Coordination. review in the indicated office, by appointment: [FR Doc. 00–16380 Filed 6–27–00; 8:45 am] [FR Doc. 00–16274 Filed 6–27–00; 8:45 am] For permits 1030, 988 and 1254, BILLING CODE 3510±DS±P BILLING CODE 3510±DR±P Endangered Species Division, Office of Protected Resources, NMFS, 1315 East- DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE West Highway, Silver Spring, MD, 20910 (Ph.: 301–713–1401). International Trade Administration National Oceanic and Atmospheric For permit 1233, Hatcheries and Administration Inland Fisheries Branch, Sustainable 2000 Overseas Trade Missions Private Fisheries Division, F/NWO3, NMFS, Sector Participants Recruitment and [I.D. 061900D] 525 NE Oregon Street, Suite 510, Selection Portland, OR 97232–2737 (503–230– Notice of Decision and Availability of 5407). AGENCY: International Trade Decision Documents on the Issuance Documents may also be reviewed by Administration, Department of of a Permit for Incidental Takes of appointment in the Office of Protected Commerce. Threatened and Endangered Species Resources, F/PR3, NMFS, 1315 East- ACTION: Notice. (1233); Issuance of Modifications to West Highway, Silver Spring, MD Existing Permits (988, 1030); and 20910–3226 (301–713–1401). SUMMARY: The Department of Commerce Receipt of Application for Scientific invites U.S. companies to participate in Research (1254) FOR FURTHER INFORMATION CONTACT: For the following overseas trade missions. permit 1233: Herbert Pollard, Portland, For a more complete description of the AGENCY: National Marine Fisheries OR (208) 378–5614, fax: (208) 378–5699, trade mission, obtain a copy of the Service (NMFS), National Oceanic and or e-mail: [email protected] mission statement from the Project Atmospheric Administration, For permits 988, 1030, and 1254: Terri Officer indicated below. The Commerce. Jordan, Silver Spring, MD, (301–713– recruitment and selection of private ACTION: Notice of decision and 1401 x148). sector participants for these missions availability of decision documents on SUPPLEMENTARY INFORMATION: will be conducted according to the the issuance of a permit (1233) for Authority Statement of Policy Governing incidental takes of endangered and Department of Commerce Overseas threatened species; issuance of Issuance of permits and permit Trade Missions announced by Secretary modification number 3 to permit 1030; modifications, as required by the Daley on March 3, 1997. issuance of modification number 1 to Endangered Species Act of 1973 (16 Clean Energy Trade Mission permit 988; receipt of an application for U.S.C. 1531–1543) (ESA), is based on a Poland, Hungary and the Czech a scientific research permit (1254). finding that such permits/modifications: Republic (1) are applied for in good faith; (2) September 28–October 5, 2000 SUMMARY: This notice advises the public would not operate to the disadvantage Recruitment closes August 5, 2000 that a decision on the application for an of the listed species which are the incidental take permit by the State of subject of the permits; and (3) are For further information contact: Andy Idaho Department of Fish and Game consistent with the purposes and Collier, U.S. Department of Commerce, (IDFG), pursuant to section 10(a)(1)(B) policies set forth in section 2 of the Tel: 202–482–0680, Fax: 202–482–3352, of the Endangered Species Act of 1973 ESA. Authority to take listed species is E-Mail: [email protected]. (ESA), has been made and that the subject to conditions set forth in the Franchising Trade Mission decision documents are available upon permits. Permits and modifications are Malaysia, the Philippines, and South request. Notice is also given of the issued in accordance with and are Korea following actions regarding permits for subject to the ESA and NMFS September 28–October 6, 2000 takes of endangered and threatened regulations governing listed fish and Recruitment closes August 15, 2000 species for the purposes of scientific wildlife permits (50 CFR parts 222–226). For further information contact: Raj research and/or enhancement: NMFS Those individuals requesting a Dwivedy, U.S. Department of has issued modification number 1 to hearing on an application listed in this Commerce, Tel: 202–482–1135, Fax: permit 988 to Dr. Peter Dutton of notice should set out the specific 202–482–2669, E-Mail: NMFS—Southwest Fisheries Science reasons why a hearing on that [email protected]. Center (SWFSC) (988) and NMFS has application would be appropriate (see Medical Device Trade Mission to India issued modification number 3 to permit ADDRESSES). The holding of such

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39870 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices hearing is at the discretion of the and recovery of the species in the wild. capture. Animals would be tagged with Assistant Administrator for Fisheries, By adopting the preferred alternative in flipper (inconel), and PIT (passive NOAA. All statements and opinions the Conservation Plan, with the inductive transponder) tags, radio, contained in the permit action Conservation Plan’s stated assurances sonic, or satellite telemeters. Biological summaries are those of the applicant that IDFG’s mitigation program will be information will be collected in the and do not necessarily reflect the views implemented, all practicable means to form of blood samples. All information of NMFS. avoid or minimize harm have been gathered would augment an extensive adopted. sea turtle database used to study Species Covered in This Notice IDFG requested an annual incidental population trends, migrations, habitat, The following species and take of threatened SnR steelhead. and diving behavior. Modification evolutionary significant units (ESU’s) Protective regulations are currently are covered in the permit: proposed for SnR steelhead (64 FR number 3 to Permit 1030 was issued on 73479, December 30, 1999). NMFS did June 15, 2000, authorizing take of listed Fish not act on that part of IDFG’s permit species. Permit 1030 expires March 31, Chinook salmon (Oncorhynchus application. In the future, when NMFS 2002. tshawytscha): threatened Snake River promulgates final rules under section Dr. Peter Dutton of the SWFSC (SnR) spring/summer, threatened SnR 4(d) of the ESA that will provide take applied for a modification to 988. fall. prohibitions for threatened SnR Modification number 1 authorizes Dr. Sockeye salmon (O. nerka): steelhead, NMFS may amend the permit Dutton to use five satellite transmitters endangered SnR. to include the authorization for an in lieu of five previously permitted Steelhead (O. mykiss): threatened incidental take of this species as IDFG radio transmitters. Permit 988 SnR. requested in its application. Issuance of authorizes the capture 50 green turtles, Shortnose sturgeon (Acipenser the permit does not presuppose the brevirostrum). five olive ridley turtles, and five contents of the eventual protective loggerhead turtles in San Diego Bay. The Turtles regulations. turtles will be measured, weighed, have Threatened Loggerhead turtle (Caretta Rationale for Decision blood samples taken, and have tags and caretta). The decision to issue the permit was transmitters attached. Some turtles will Endangered Green turtle (Chelonia made because the Conservation Plan have lavage stomach sampling mydas). proposed by IDFG meets the statutory performed. Turtles will be recaptured Endangered Olive ridley turle criteria for issuance of an incidental monthly for growth measurements. The (Lepidochelys olivacea). take permit under section 10 of the ESA. purpose of the research is to reassess the Permits and Modifications Issued In issuing the permit, NMFS determined status of sea turtles in San Diego Bay. that IDFG’s Conservation Plan provides Data collected will be compared to Permit Issued adequate mitigation measures to avoid, baseline data to determine which turtles Notice was published on April minimize, and/or compensate for the are still resident in the Bay, and to 19, 2000 (65 FR 20951) that IDFG anticipated takes of ESA-listed determine growth and tag retention applied for a section 10(a)(1)(B) permit anadromous fish. rates. Information will be collected on for annual incidental takes of ESA-listed The permit was granted only after turtle numbers, species, size, sex, tags, anadromous fish associated with NMFS determined that the permit was health status, stock origin, and behavior otherwise lawful recreational fisheries applied for in good faith, that all permit and movement patterns. Genetic on non-listed species in the Snake, issuance criteria were met, including analysis of blood samples will Salmon, and Clearwater River Basins the requirement that granting the permit contribute to an international effort to and the Stanley Basin lakes in the State would not jeopardize the continued determine stock structure of Pacific sea of Idaho in the Pacific Northwest. IDFG existence of the species, and that the turtles. Modification number 1 to Permit submitted a Conservation Plan with its permit is consistent with the purposes 988 was issued on June 15, 2000, permit application that describes and policies set forth in the Endangered authorizing take of listed species. Permit measures designed to monitor, Species Act of 1973, as amended. 988 expires April 30, 2001. minimize, and mitigate the incidental taking of ESA-listed anadromous Modification to Permits Issued New Applications Received salmonids associated with the sport- Mr. Reed Bohne, of GRNMS has fisheries, some or all of which are applied for a modification to 1030. Application 1254: The applicant has expected to occur annually for the Modification number 3 names Mr. requested a five-year scientific research duration of the permit. Bohne as the permit holder, removes permit to conduct a monitoring study as NMFS’ decision is to adopt the three individuals as designated agents part of an incidental take permit for the preferred alternative in the Conservation and adds three additional individuals. operation of the Roseton and Plan together with the preferred Permit 1030 authorizes the take up to 25 Danskammer Point power plants. The alternative in the Environmental listed loggerhead sea turtles each year in applicant will be collecting larvae, Assessment that was completed for this the waters within and adjacent to the juvenile and adult shortnose sturgeon in permit action and issue a permit with Gray’s Reef National Marine Sanctuary various location in the Hudson River conditions authorizing incidental takes and on Wassaw, Ossabaw, Sapelo, or between the estuary and river mile 65. of the ESA-listed anadromous fish Blackbeard Islands on the Georgia coast. Dated: June 22, 2000. species. This decision is based on a The turtles will be taken for thorough review of the alternatives and examination, tagging, testing, Craig Johnson, their environmental consequences. observation, collection of biological Acting Chief, Endangered Species Division, NMFS’ conditions will ensure that the information, rehabilitation if necessary, Office of Protected Resources, National incidental takes of ESA-listed and release. Turtles will be acquired by Marine Fisheries Service. anadromous fish will not appreciably takes from the wild and also from [FR Doc. 00–16350 Filed 6–27–00; 8:45 am] reduce the likelihood of the survival sources authorized to incidentally BILLING CODE 3510±22±F

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39874 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices at all times that seismic operations are Although at different frequencies, the harassment.’’ Again, given the 30–m starting up or underway. seismic equipment proposed for use by (98.4–ft) safety zone for the much less NMFS notes that the recent USGS are less powerful than fish- powerful sound source that will be used precautionary application of a 180–dB finding sonars commonly used in U.S. this year, the number of occurrences of safety zone for protecting marine waters (including California), and there shutdowns for the proposed survey mammals does not necessarily mean is no evidence to date that commercially should be significantly less. that animals entering that zone will be available sonars are adversely affecting Finally, the CCC did not approve adversely affected. It simply means that marine mammals. night operations for the 1999 survey, so animals have the potential to incur a Second, it may not be possible for the the USGS does not have data concerning temporary elevation in hearing USGS to make daily reports. The USGS’ day vs. night operations from that year. threshold (termed temporary threshold leased vessel does not have satellite In 1998, when there were night shift (TTS)), lasting, at worst, for a few communication facilities and the only operations, Cascadia observers required minutes at the 180 dB sound pressure communication method available would 11 shutdowns. Three of these level. Also, based upon California be cell phone, but only when the vessel shutdowns were due to pinnipeds, and Coastal Commission (CCC) is within range of an onshore repeater. these occurrences were in mid-day. Of determinations, the USGS has NMFS doesn’t believe daily reports the remaining eight shutdowns, three implemented, and NMFS has adopted are necessary for this authorization occurred at night. Because the hours of for this action, a safety zone for because, based on the Cascadia daylight were about double the hours of pinnipeds based on the 180 dB isopleth. observations during the previous darkness during the time of the survey, However, current scientific consensus surveys, the number of mammals that there did not appear to be any indicates that a safe level for impulse enter the safety zone is small; there were significant difference between night and sounds for pinnipeds from incurring only 11 occurrences in 1998 and 21 in day operational shutdowns during the TTS is higher than the level indicated 1999. It is also important to note that the 1998 survey. for cetaceans (e.g., 180 dB). As a result, designated safety zones were Comment 5: Noting that the work although scientists have preliminarily significantly larger (as much as 200 m proposed by the USGS is a multi-year established an SPL of 190 dB re 1 µPa- (656.2 ft), depending upon the species effort, the MMC recommends that mRMS as a safe level for pinnipeds in question) during those earlier NMFS consult with the applicant to underwater, and while NMFS adopts surveys. The number of occurrences for determine whether it would be more this information as the best scientific the proposed survey this year is appropriate to obtain an authorization information available, the USGS must expected to be lower given the 30 m under section 101(a)(5)(A) of the MMPA abide by the conditions contained in its (98.4 ft) safety zone for the much less for the full range of studies proposed CCC consistency determination. powerful sound source that will be rather than annual authorizations under Therefore, NMFS believes that the employed. Cascadia will report all section 101(a)(5)(D) of the MMPA. potential for adversely affecting marine mammal observations. This Response: NMFS believes that a pinnipeds is even less likely as they report will be available upon multi-year authorization under section would need to be significantly closer to completion of the survey (see 101(a)(5)(A) of the MMPA warrants the the source than provided by the safety Reporting). extensive time and effort to implement zone. The second part of the regulations and annual Letters of Comment 4: The MMC notes that the recommendation from the MMC is Authorization thereunder only when the USGS application did not indicate the difficult to evaluate. First, merely activity does not have the potential to species or numbers of marine mammals comparing numbers of occurrences vary significantly on an annual basis that approached or entered the between night and day has the built-in and/or when the impacts are fairly designated safety zones during the 1998 assumption that the density of marine uniform. For example, activities such as and 1999 surveys. The MMC mammals is uniform throughout the construction and production of an oil recommends, as it did on the USGS’ survey area. A review of the area of the production facility at Northstar (64 FR 1999 application, that the USGS be shutdowns required by the Cascadia 57010, October 22, 1999) or the taking required to (1) report at the end of each observers during the previous surveys of seals at Seabrook Nuclear Power 24–hour period the species and number shows that the shutdowns are Station (64 FR 28114, May 25, 1999) of marine mammals observed commonly grouped in a few geographic meet these two criteria. On the other approaching and entering the areas, probably reflecting such factors as hand, whenever an activity is likely to designated safety zone during the day feeding success by the mammals. In require its authorization issued under and during the night; and (2) suspend 1999, when there were 21 shutdowns section 101(a)(5)(A) to be publically night-time operations if the species or for mammals moving within the reviewed annually (such as occurred number of animals observed designated safety zone, six occurred on with seismic oil and gas exploration in approaching and entering the one day but there were no shutdowns the Beaufort Sea prior to 1994), little designated safety zone at night are during several of the survey days. would be gained by delaying an significantly different than those In this regard, it should also be noted authorization for several months while observed during the day, suggesting that that Cascadia reported for the 1999 regulations are issued prior to an nighttime observations were failing to survey that eight of the 21 occurrences authorization under section 101(a)(5)(A) detect significant numbers of animals that required shutdown of the sound of the MMPA. This lengthy delay in that enter the safety zones and could be sources involved common dolphins issuing incidental take authorizations killed or injured. (Delphinus delphis) approaching the due to the inordinate length of time Response: There are several issues seismic boat to bowride. More necessary for rulemaking actions was involved in this recommendation that specifically, the report stated that: the primary reason Congress need to be addressed separately. First, ‘‘Marine mammal movements and implemented MMPA section marine mammals are very unlikely to be behaviors observed during the seismic- 101(a)(5)(D) authorizations when the seriously injured, let alone killed, by the reflection operations, revealed no takings were limited to incidental relatively low-intensity acoustic sources apparent patterns of avoidance and harassment. Since the CCC has proposed by the USGS for this survey. none could be interpreted as instructed the USGS that each operation

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39875 must be considered separately because noise than cetaceans, and have even off subsurface formations and recorded of the different geographic areas and been observed swimming in the bubbles with detectors in the water column. different times of the year that the of seismic airguns, a source significantly Disturbance by seismic noise is the surveys may be conducted, no benefit more powerful than the proposed principal means of taking by this would be gained by issuing regulations instruments. activity. Vessel noise may provide a governing this activity’s incidental take. While, to our knowledge, the secondary source. Also, the physical Comment 6: The MMC notes information provided has not been peer- presence of vessel(s) could lead to some statements made in the application and reviewed or scientifically verified under non-acoustic effects involving visual or Federal Register document (65 FR 1374, a section 104 scientific research permit, other cues. March 28, 2000), that pinnipeds will these observations were, for the most Depending upon ambient conditions come from great distances to scrutinize part, obtained as a result of monitoring and the sensitivity of the receptor, seismic operations, and that as a result, seismic activities. As a result, NMFS underwater sounds produced by open- NMFS will not require the minisparker does not consider them anecdotal. water seismic operations may be to be shut down if pinnipeds approach NMFS has chosen to adopt observations detectable some distance away from the the safety zone. The MMC states that made to date, some of which were activity. Any sound that is detectable is there is no indication whether the conducted under previous MMPA (at least in theory) capable of eliciting a referenced observations are anecdotal or section 101(a)(5)(D) authorizations, as disturbance reaction by a marine the product of peer-reviewed science. If the best scientific information available. mammal or of masking a signal of not peer-reviewed, the MMC suggests comparable frequency. An incidental that research should be conducted Description of Habitat and Marine harassment take is presumed to occur under section 104 of the MMPA. Mammals Affected by the Activity when marine mammals in the vicinity Response: The proposed mitigation The Southern California Bight of the seismic source (or vessel) react to measure noted in the Federal Register supports a diverse assemblage of 29 the generated sounds or to visual cues. document (65 FR 1374, March 28, 2000), species of cetaceans (whales, dolphins Seismic pulses are known to cause states that for pinnipeds, if the research and porpoises) and 6 species of some species of whales, including gray vessel towing the minisparker pinnipeds (seals and sea lions). The whales, to behaviorally respond within approaches a pinniped, a safety radius species of marine mammals that are a distance of several kilometers of 30 m (98 ft) around the seismic likely to be present in the seismic (Richardson et al., 1995). Although source when operating in deep water research area include the bottlenose some limited masking of low-frequency and 15 m (49.2 ft) when in shallow dolphin (Tursiops truncatus), common sounds is a possibility for those species water will be maintained. However, if a dolphin, killer whale (Orcinus orca), of whales using low frequencies for pinniped approaches the towed Pacific white-sided dolphin communication, the intermittent nature minisparker source, NMFS proposes to (Lagenorhynchus obliquidens), northern of seismic source pulses limits the not require the USGS to shutdown the right whale dolphin (Lissodelphis extent of masking. Bowhead whales in minisparker, but to require the USGS to borealis), Risso’s dolphin (Grampus Arctic waters, for example, are known to monitor the interaction to ensure the griseus), pilot whales (Globicephala continue calling in the presence of animal does not show signs of distress. macrorhynchus), Dall’s porpoise seismic survey sounds, and their calls If the pinniped(s) show obvious distress, (Phocoenoides dalli), sperm whale can be heard between seismic pulses the USGS will terminate minisparker (Physeter macrocephalus), humpback (Richardson et al., 1986). When the received levels of noise operations and will continue to conduct whale (Megaptera novaengliae), gray exceed some behavioral reaction observations on effects the minisparker whale (Eschrichtius robustus), blue threshold, cetaceans will show may have on the animals. Reviewers whale (Balaenoptera musculus), minke disturbance reactions. The levels, should note that these seals and sea whale (Balaenoptera acutorostrata), fin lions need to be actively approaching frequencies, and types of noise that will whales (Balaenoptera physalus), harbor elicit a response vary between and the vessel (itself moving forward at seal (Phoca vitulina), elephant seal about 3–5 knots) from the side of the within species, individuals, locations (Mirounga angustirostris), northern sea and seasons. Behavioral changes may be vessel or the stern, meaning that the lion (Eumetopias jubatus), and animal is voluntarily approaching a subtle alterations in surface-dive- California sea lion (Zalophus respiration cycles. More conspicuous noise source that is increasing in californianus), northern fur seal strength as the animal gets closer. responses include changes in activity or (Callorhinus ursinus) and sea otters It is NMFS’ responsibility to ensure aerial displays, movement away from (Enhydra lutris). General information on that the incidental taking is reduced to the sound source, or complete the lowest level practicable. In these latter species can be found in the avoidance of the area. The reaction reviewing the information available, USGS application and in Forney et al. threshold and degree of response are NMFS has determined that it is not (1999) and Barlow et al. (1998, 1997). related to the activity of the animal at practicable to require applicants to Please refer to these documents for the time of the disturbance. Whales delay seismic surveys in order to information on the biology, distribution, engaged in active behaviors, such as provide additional protection for and abundance of these species in feeding, socializing, or mating are less curious seals. These delays lengthen the southern California waters. likely than resting animals to show time necessary for completing surveys, Potential Effects of Seismic Surveys on overt behavioral reactions, unless the requiring additional survey time and Marine Mammals disturbance is directly threatening. resulting in a potential increase in Hearing damage is not expected to impacts on more sensitive marine Discussion occur during the project. While it is not mammal species, and raise the potential Seismic surveys are used to obtain known whether a marine mammal co- for increased costs for conducting data about stratigraphic sequences and located or very close to an intense surveys. As mentioned in this document rock formations up to several thousands seismic source would be at risk of and in prior Federal Register notices, of feet deep. These surveys are permanent hearing impairment, TTS is seals and sea lions are believed to be accomplished by transmitting sound a theoretical possibility for animals less likely to be harmed by underwater waves into the earth, which are reflected close to the seismic-reflection sources.

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39877 come from great distances to inspect operations, specifically at night and Monitoring seismic operations. Seals have been with the understanding that the USGS observed swimming within airgun will survey during this time in shallow Monitoring marine mammals while bubbles, 10 m (33 ft) away from active water. Both NMFS and the CCC concur, the acoustic sources are active will be arrays, apparently unaffected. Although and the IHA provides for 24–hour conducted 24 hours each day. Trained seismic-reflection operations will be operations surveys while in shallow marine mammal observers will be terminated if the pinnipeds show water. aboard the seismic vessel to mitigate the obvious distress, the USGS is required potential environmental impact from to conduct observations on effects the Possible Modifications or Alternatives using these acoustic sources and to acoustic sources may have on the to the Proposed Survey gather data on the species, number, and animals. Options to change the activity are reaction of marine mammals to the The USGS will have marine biologists limited. In order to reduce the sources. During daylight, observers will aboard the ship who will have the probability for the incidental use 7x50 binoculars with internal authority to stop the seismic-reflection harassment of marine mammals and to compasses and reticules to record the operations when a marine mammal be able to operate within nearshore horizontal and vertical angle to sighted enters the safety zone or indicates areas, the USGS has changed from using mammals. Night-time operations will be obvious distress anywhere within the a seismic airgun source, as used in prior conducted with a spotlight to illuminate vicinity of the ship. Although NMFS surveys, to a minisparker for the the safety zone around the minisparker believes it is very unlikely to occur, if proposed survey. The seismic-source tow sled. Monitoring data to be recorded observations are made that one or more strength cannot be reduced further in an during seismic-reflection operations marine mammals of any species are attempt to limit the potential include the name of the observer on attempting to beach themselves when environmental impact. The minisparker duty, and weather conditions (such as the source is operating in the vicinity of is already smaller than any source the Beaufort sea state, wind speed, cloud the shore, the seismic-reflection sources USGS has previously used for these cover, swell height, precipitation, and will be immediately shut off and NMFS kinds of geophysical surveys, and the visibility). For each mammal sighting, contacted. problem with this option is that the the observer will record the time, During seismic-reflection surveying, USGS cannot significantly reduce the bearing and reticule readings, species, the ship’s speed will only be 4 to 5 source strength without jeopardizing the group size, and the animal’s surface knots, so that when the acoustic source success of this survey. This judgment is behavior and orientation. Observers will is being discharged, nearby marine based not only on USGS’ decades-long instruct geologists to shut off the mammals, if they hear the low- to mid- experience with seismic-reflection acoustic source(s) whenever a marine frequency noise, will have gradual surveys, but especially on the 1998 mammal enters the safety zone. warning of the vessel’s approach and survey that was conducted in the same can move away if disturbed. Finally, Reporting general area as outlined here. If the NMFS will coordinate with the local USGS were to reduce the sound-source The USGS will contract with Cascadia stranding network to determine whether size and then fail to obtain the required to provide an initial report to NMFS any strandings which occur during, or information, another survey would need within 160 days of the completion of the near the time of the survey, can be to be conducted, and this would have 2000 phase of the marine seismic related to the seismic-reflection the potential to increase impact on project. This report will provide dates operation. If NMFS determines, based marine mammals. and locations of seismic operations, upon a necropsy of the animal(s), that details of marine mammal sightings, and the death was likely due to exposure to To abandon this study altogether is a estimates of the amount and nature of the USGS acoustic source(s), the survey poor option. The USGS has described all takes by harassment. A final will cease until procedures are altered the societal relevance of this project as technical report will be provided by to eliminate the potential for future it would improve understanding of fluid USGS within 270 days of completion of mortality. movement in coastal aquifers and how Operating less than 24 hours each day to stem the intrusion of salt water into the 2000 phase of the marine seismic incurs substantially increased cost for them. Another facet of this study is to project. The final technical report will the leased ship, which the USGS states help scientists understand the regional contain a description of the methods, that it cannot afford. The ship schedule earthquake hazard that, in turn, will aid results, and interpretation of all provides a narrow time window for this city planners in establishing building monitoring tasks. project; other non-related experiments codes. If the project was canceled, such Consultation are already scheduled to precede and information would be unavailable. follow this survey and for that reason, This project could be carried out at Under section 7 of the Endangered the USGS cannot arbitrarily extend the some other time of year. The USGS Species Act, NMFS has completed survey time. Thus, the USGS does not talked with biologists to find out the consultation on the issuance of an IHA. propose as a mitigation measure best time for the project to be NMFS finds this action to be unlikely to shutting down in dark or during periods conducted. The USGS wants to avoid adversely affect listed marine mammals of poor visibility. The 2000 survey will the gray whale migrations and the mid- because the endangered whales are require only 3 weeks, and it will be summer arrival of other mysticete expected to be more prevalent in spread out geographically from Los species because, while these species offshore waters outside the Channel Angeles to San Diego, so no single area remain mostly in the area of the Islands at the time of the year that the will experience long-term activity. In Channel Islands, some individuals activity will take place; northern sea the view of the USGS, the best course venture closer to the mainland. An lions, which are expected to be in more is to complete the survey as important consideration in deciding the northerly waters during the summer, are expeditiously as possible. For these most appropriate time of the year is that not known to be affected by low reasons, the USGS has requested that biologists can best prevent harm to frequency seismic sources unless close the acoustic survey be conducted 24 mammals when daylight is long, that is, to the source; and the Guadalupe fur hours/day and the IHA allow 24-hour near the solstice. seal is expected to be on or near

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39884 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices military judge could not be detailed, confinement exceeds six months, then amendment to 10 U.S.C. 819 (Article 19, and why the trial had to be held at that the operation of Article 58b results in a UCMJ) contained in section 577 of the time and place.’’ forfeiture of two-thirds of pay only (not National Defense Authorization Act for Amend the analysis accompanying allowances) during the period of Fiscal Year 2000, Public Law 106–65, R.C.M. 201(f) by inserting the following confinement. If only a bad conduct 113 Stat. 512 (1999) increasing the before the discussion of subsection (3): discharge is adjudged, Article 58b has jurisdictional maximum punishment at ‘‘2000 Amendment: Subsections no effect on pay.’’ special courts-martial. R.C.M. 1103(c) (f)(2)(B)(i) and (f)(2)(B)(ii) were Amend R.C.M. 1103(b)(2)(B)(i) to read was amended to conform the amended to remove previous limitations as follows: requirements for a verbatim transcript and thereby implement the amendment ‘‘(i) Any part of the sentence adjudged with the requirements of Article 19 for to 10 U.S.C. 819 (Article 19, UCMJ) exceeds six months confinement, a ‘‘complete record’’ in cases where the contained in section 577 of the National forfeiture of pay greater than two-thirds adjudged sentence includes a bad- Defense Authorization Act for Fiscal pay per month, or any forfeiture of pay conduct discharge, confinement for Year 2000, Public Law No. 106–65, 113 for more than six months or other more than six months, or forfeiture of Stat. 512 (1999). Subject to limitations punishments which may be adjudged by pay for more than six months.’’ prescribed by the President, the a special court-martial; or’’ Amend R.C.M. 1103(f)(1) to read as amendment increased the jurisdictional Amend the analysis accompanying follows: maximum punishment at special courts- R.C.M. 1103(b)(2)(B) by inserting the ‘‘(1) Approve only so much of the martial to confinement for one year and following before the discussion of sentence which could be adjudged by a forfeitures not exceeding two-thirds pay subsection (2)(C): special court-martial, except that no per month for one year, vice the ‘‘2000 Amendment: Subsection (2)(B) bad-conduct discharge, confinement for previous six-month jurisdictional was amended to implement the more than six months, or forfeiture of limitation.’’ amendment to 10 U.S.C. 819 (Article 19, two-thirds pay per month for more than Amend the seventh paragraph of the UCMJ) contained in section 577 of the six months, may be approved; or’’ Discussion accompanying R.C.M. National Defense Authorization Act for Amend the analysis accompanying 601(e)(1) to read as follows: Fiscal Year 2000, Public Law No. 106– R.C.M. 1103(f) by inserting the ‘‘The convening authority should 65, 113 Stat. 512 (1999) increasing the following before the discussion of acknowledge by an instruction that no jurisdictional maximum punishment at subsection (g): bad-conduct discharge, confinement for special courts-martial. R.C.M. ‘‘2000 Amendment: Subsection (f)(1) more than six months, or forfeiture of 1103(b)(2)(B) was amended to prevent was amended to implement the pay for more than six months, may be an inconsistent requirement for a amendment to 10 U.S.C. 819 (Article 19, adjudged when the prerequisites under verbatim transcript between a general UCMJ) contained in section 577 of the Article 19 will not be met. See R.C.M. court-martial and a special court-martial National Defense Authorization Act for 201(f)(2)(B)(ii). For example, this when the adjudged sentence of a general Fiscal Year 2000, Public Law 106–65, instruction should be given when a court-martial does not include a 113 Stat. 512 (1999) increasing the court reporter is not detailed.’’ punitive discharge or confinement jurisdictional maximum punishment at Amend the first paragraph of the greater than six months, but does special courts-martial. R.C.M. 1103(f)(1) Discussion accompanying R.C.M. 808 to include forfeiture of two-thirds pay per was amended to include the additional read as follows: month for more than six months but not limitations on sentence contained in ‘‘Except in a special court-martial not more than 12 months.’’ Article 19, UCMJ.’’ authorized to adjudge a bad-conduct Amend R.C.M. 1103(c) to read as Amend R.C.M. 1104(a)(2)(A) to read discharge, confinement for more than follows: as follows: six months, or forfeiture of pay for more ‘‘(c) Special courts-martial. ‘‘(A) Authentication by the military than six months, the trial counsel (1) Involving a bad-conduct discharge, judge. In special courts-martial in which should ensure that a qualified court confinement for more than six months, a bad-conduct discharge, confinement reporter is detailed to the court-martial. or forfeiture of pay for more than six for more than six months, or forfeiture Trial counsel should also ensure that all months. The requirements of of pay for more than six months, has exhibits and other documents relating to subsections (b)(1), (b)(2)(A), (b)(2)(B), been adjudged and in general courts- the case are properly maintained for (b)(2)(D), and (b)(3) of this rule shall martial, except as provided in later inclusion in the record. See also apply in a special court-martial in subsection (a)(2)(B) of this rule, the R.C.M. 1103(j) as to the use of which a bad-conduct discharge, military judge present at the end of the videotapes, audiotapes, and similar confinement for more than six months, proceedings shall authenticate the recordings for the record of trial. or forfeiture of pay for more than six record of trial, or that portion over Because of the potential requirement for months, has been adjudged. which the military judge presided. If a verbatim transcript, all proceedings, (2) All other special courts-martial. If more than one military judge presided including sidebar conferences, the special court-martial resulted in over the proceedings, each military arguments, and rulings and instructions findings of guilty but a bad-conduct judge shall authenticate the record of by the military judges, should be discharge, confinement for more than the proceedings over which that recorded.’’ six months, or forfeiture of pay for more military judge presided, except as Amend the sixth paragraph of the than six months, was not adjudged, the provided in subsection (a)(2)(B) of this Discussion accompanying R.C.M. requirements of subsections (b)(1), rule. The record of trial of special 1003(b)(2) to read as follows: (b)(2)(D), and (b)(3)(A)–(F) and (I)–(M) courts-martial in which no bad-conduct ‘‘At a special court-martial, if a bad- of this rule shall apply.’’ discharge, confinement for more than conduct discharge and confinement are Amend the analysis accompanying six months, or forfeiture of pay for more adjudged, then the operation of Article R.C.M. 1103(c) by inserting the than six months, was adjudged shall be 58b results in a forfeiture of two-thirds following before the discussion of authenticated in accordance with of pay only (not allowances) during that subsection (e): regulations of the Secretary concerned.’’ period of confinement. If only ‘‘2000 Amendment: Subsection (c) Amend the analysis accompanying confinement is adjudged, and that was amended to implement the R.C.M. 1104(a) by inserting the

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This amendment punishment that does not include a bad- Fiscal Year 2000, Public Law 106–65, requires all special courts-martial cases conduct discharge or confinement for 113 Stat. 512 (1999) increasing the subject to appellate review to comply one year, the special court-martial jurisdictional maximum punishment at with this rule.’’ convening authority for the command in special courts-martial. R.C.M. Amend the second paragraph of the which the probationer is serving or 1104(a)(2)(A) was amended to ensure Discussion accompanying R.C.M. assigned shall cause a hearing to be held that the military judge authenticates all 1107(d)(1) to read as follows: on the alleged violation(s) of the verbatim records of trial at special ‘‘When mitigating forfeitures, the conditions of suspension.’’ courts-martial.’’ duration and amounts of forfeiture may Amend the analysis accompanying Amend R.C.M. 1104(e) to read as be changed as long as the total amount R.C.M. 1109(e) by inserting the follows: forfeited is not increased and neither the following at the end of the discussion of ‘‘(e) Forwarding. After every court- amount nor duration of the forfeitures subsection (e): martial, including a rehearing and new exceeds the jurisdiction of the court- ‘‘2000 Amendment: Subsection (e) and other trials, the authenticated martial. When mitigating confinement was amended to implement the record shall be forwarded to the or hard labor without confinement, the amendment to 10 U.S.C. 819 (Article 19, convening authority for initial review convening authority should use the UCMJ) contained in section 577 of the and action, provided that in case of a equivalencies at R.C.M. 1003(b)(6) and National Defense Authorization Act for special court-martial in which a bad- (7), as appropriate. One form of Fiscal Year 2000, Public Law 106–65, conduct discharge or confinement for punishment may be changed to a less 113 Stat. 512 (1999) increasing the one year was adjudged or a general severe punishment of a different nature, jurisdictional maximum punishment at court-martial, the convening authority as long as the changed punishment is special courts-martial.’’ shall refer the record to the staff judge one that the court-martial could have Amend R.C.M. 1109(f) and (f)(1) to advocate or legal officer for adjudged. For example, a bad-conduct read as follows: ‘‘(f) Vacation of a suspended special recommendation under R.C.M. 1106 discharge adjudged by a special court- court-martial sentence that includes a before the convening authority takes martial could be changed to bad-conduct discharge or confinement action.’’ confinement for up to one year (but not Amend the analysis accompanying for one year. vice versa). A pretrial agreement may R.C.M. 1104(e) by inserting the (1) The procedure for the vacation of also affect what punishments may be following at the end of the discussion of a suspended approved bad-conduct changed by the convening authority.’’ subsection (e): discharge or of any suspended portion ‘‘2000 Amendment: Subsection (e) Amend R.C.M. 1107(d)(4) to read as of an approved sentence to confinement was amended to implement the follows: for one year, shall follow that set forth amendment to 10 U.S.C. 819 (Article 19, ‘‘(4) Limitations on sentence based on in subsection (d) of this rule.’’ UCMJ) contained in section 577 of the record of trial. If the record of trial does Amend the analysis accompanying National Defense Authorization Act for not meet the requirements of R.C.M. R.C.M. 1109(f) by inserting the Fiscal Year 2000, Public Law 106–65, 1103(b)(2)(B) or (c)(1), the convening following at the end of the discussion of 113 Stat. 512 (1999) increasing the authority may not approve a sentence in subsection (f): jurisdictional maximum punishment at excess of that which may be adjudged ‘‘2000 Amendment: (f) Vacation of a special courts-martial. This amendment by a special court-martial, or one which suspended special court-martial reflects the change to R.C.M. 1106 for includes a bad-conduct discharge, sentence that includes a bad-conduct special court-martial with an adjudged confinement for more than six months, discharge or confinement for one year. sentence that includes confinement for forfeiture of pay exceeding two-thirds Subsection (f) was amended to one year.’’ pay per month, or any forfeiture of pay implement the amendment to 10 U.S.C. Amend R.C.M. 1106(a) to read as for more than six months.’’ 819 (Article 19, UCMJ) contained in follows: Amend the analysis accompanying section 577 of the National Defense ‘‘(a) In general. Before the convening R.C.M. 1107(d) by inserting the Authorization Act for Fiscal Year 2000, authority takes action under R.C.M. following at the end of the discussion of Public Law 106–65, 113 Stat. 512 (1999) 1107 on a record of trial by general subsection (d): increasing the jurisdictional maximum court-martial or a record of trial by ‘‘2000 Amendment: The Discussion punishment at special courts-martial. special court-martial which includes a accompanying subsection (d)(1) was This amendment reflects the decision to sentence to a bad-conduct discharge or amended to implement the amendment treat an approved sentence of confinement for one year, that to 10 U.S.C. 819 (Article 19, UCMJ) confinement for one year, regardless of convening authority’s staff judge contained in section 577 of the National whether any period of confinement is advocate or legal officer shall, except as Defense Authorization Act for Fiscal suspended, as a serious offense, in the provided in subsection (c) of this rule, Year 2000, Public Law 106–65, 113 Stat. same manner as a suspended approved forward to the convening authority a 512 (1999) increasing the jurisdictional bad-conduct discharge at special courts- recommendation under this rule.’’ maximum punishment at special courts- martial under Article 72, UCMJ and Amend the analysis accompanying martial. R.C.M. 1107(d)(4) was amended R.C.M. 1109.’’ R.C.M. 1106(a) by inserting the to include the additional limitations on Amend the Discussion accompanying following before the discussion of sentence contained in Article 19, R.C.M. 1109(f) to read as follows: subsection (b): UCMJ.’’ ‘‘An officer exercising special court- ‘‘2000 Amendment: Subsection (e) Amend R.C.M. 1109(e) and (e)(1) to martial jurisdiction may vacate any was amended to implement the read as follows: suspended punishments other than an

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39886 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices approved suspended bad-conduct Fiscal Year 2000, Public Law 106–65, Amend the analysis accompanying discharge or any suspended portion of 113 Stat. 512 (1999) increasing the R.C.M. 1111(b) by inserting the an approved sentence to confinement jurisdictional maximum punishment at following at the end of the discussion: for one year, regardless of whether they special courts-martial.’’ ‘‘2000 Amendment: R.C.M. 1111(b) are contained in the same sentence as Amend the Discussion accompanying was amended to implement the the bad-conduct discharge or R.C.M. 1110(a) to read as follows: amendment to 10 U.S.C. 819 (Article 19, confinement for one year. See Appendix ‘‘Appellate review is not available for UCMJ) contained in section 577 of the 18 for a sample of a Report of special courts-martial in which a bad- National Defense Authorization Act for Proceedings to Vacate Suspension of a conduct discharge or confinement for Fiscal Year 2000, Public Law 106–65, Special Court-Martial Sentence one year was not adjudged or approved 113 Stat. 512 (1999) increasing the including a bad-conduct discharge or or for summary courts-martial. Cases not jurisdictional maximum punishment at confinement for one year under Article subject to appellate review, or in which special courts-martial. The amendment 72, UCMJ, and R.C.M. 1109 (DD Form appellate review is waived or ensures all special courts-martial not 455).’’ withdrawn, are reviewed by a judge requiring appellate review are reviewed Amend the title to Appendix 18 to advocate under R.C.M. 1112. Such cases by a judge advocate under R.C.M. read as follows: may also be submitted to the Judge 1112.’’ ‘‘Report of Proceedings to Vacate Advocate General for review. See R.C.M. Amend R.C.M. 1112(a)(2) to read as Suspension of a General Court-Martial 1201(b)(3). Appellate review is follows: or of a Special Court-Martial Sentence mandatory when the approved sentence ‘‘Each special court-martial in which Including a Bad-Conduct Discharge or includes death.’’ the accused has waived or withdrawn Confinement for One Year Under Article appellate review under R.C.M. 1110 or 72, UCMJ, and R.C.M. 1109 (DD Form Amend R.C.M. 1111(b) to read as in which the approved sentence does 455).’’ follows: not include a bad-conduct discharge or Amend R.C.M. 1110(a) to read as ‘‘(1) Cases including an approved bad- confinement for one year; and’’ follows: conduct discharge or confinement for Amend the analysis accompanying ‘‘(a) In general. After any general one year. If the approved sentence of a R.C.M. 1112 by inserting the following court-martial, except one in which the special court-martial includes a bad- at the end of the discussion: approved sentence includes death, and conduct discharge or confinement for ‘‘2000 Amendment: R.C.M. 1112(a)(2) after any special court-martial in which one year, the record shall be disposed of was amended to implement the the approved sentence includes a bad- as provided in subsection (a) of this amendment to 10 U.S.C. 819 (Article 19, conduct discharge or confinement for rule. UCMJ) contained in section 577 of the one year, the accused may waive or (2) Other cases. The record of trial by National Defense Authorization Act for withdraw appellate review.’’ a special court-martial in which the Fiscal Year 2000, Public Law 106–65, Amend the analysis accompanying approved sentence does not include a 113 Stat. 512 (1999) increasing the R.C.M. 1110(a) by inserting the bad-conduct discharge or confinement jurisdictional maximum punishment at following at the end of the discussion of for one year shall be forwarded directly special courts-martial. The amendment subsection (a): to a judge advocate for review under ensures all special courts-martial not ‘‘2000 Amendment: Subsection (a) R.C.M. 1112. Four copies of the order requiring appellate review are reviewed was amended to implement the promulgating the result of trial shall be by a judge advocate under R.C.M. amendment to 10 U.S.C. 819 (Article 19, forwarded with the record of trial, 1112.’’ UCMJ) contained in section 577 of the unless otherwise prescribed by Amend Page A8–19, Left Margin National Defense Authorization Act for regulations of the Secretary concerned.’’ Entry to Note 100 to read as follows:

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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39888 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices

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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39890 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices restoration and waste management DEPARTMENT OF ENERGY Prairieland is a corporation wholly- activities. owned by The Board of Trustees of the Federal Energy Regulatory University of Illinois, a body corporate Tentative Agenda Commission and politic of the State of Illinois. 5:30 p.m.—Informal Discussion [Docket No. EC00±75±000] Any person desiring to be heard or to protest such filing should file a motion 6 p.m.—Call to Order NiSource Inc.; Notice of Filing to intervene or protest with the Federal 6:10 p.m.—Approve Minutes Energy Regulatory Commission, 888 June 22, 2000. 6:20 p.m.—Presentations/Board First Street, N.E., Washington, D.C. Take notice that on June 19, 2000, Response/Public Comments 20426, in accordance with Rules 211 NiSource Inc. and Columbia Energy and 214 of the Commission’s Rules of 8 p.m.—Sub Committee Reports/Board Group supplemented their merger filing Practice and Procedure (18 CFR 385.211 Response/Public Comment of April 10, 2000, with additional and 385.214). All such motions and 8:30 p.m.—Administrative Issues materials for Exhibit G under Part 33 of protests should be filed on or before July the Commission’s Regulations. 9 p.m.—Adjourn 5, 2000. Protests will be considered by Any person desiring to be heard or to the Commission to determine the Public Participation protect such filing should file a motion appropriate action to be taken, but will to intervene or protest with the Federal not serve to make protestants parties to The meeting is open to the public. Energy Regulatory Commission, 888 the proceedings. Any person wishing to Written statements may be filed with First Street, NE., Washington, DC 20426, become a party must file a motion to the Committee either before or after the in accordance with Rules 211 and 214 intervene. Copies of this filing are on meeting. Individuals who wish to make of the Commission’s Rules of Practice file with the Commission and are oral statements pertaining to agenda and Procedure (18 CFR 385.211 and available for public inspection. This items should contact John D. Sheppard 385.214). All such motions and protests filing may also be viewed on the at the address or telephone number should be filed on or before July 3, 2000. Internet at http://www,ferc.fed.us/ listed above. Requests must be received Protests will be considered by the online/rims.htm (call 202–208–2222 for 5 days prior to the meeting and Commission to determine the assistance). reasonable provision will be made to appropriate action to be taken, but will David P. Boergers, include the presentation in the agenda. not serve to make protestants parties to Secretary. The Deputy Designated Federal Official the proceedings. Any person wishing to [FR Doc. 00–16272 Filed 6–27–00; 8:45 am] is empowered to conduct the meeting in become a party must file a motion to a fashion that will facilitate the orderly intervene. Copies of this filing are on BILLING CODE 6717±01±M conduct of business. Each individual file with the Commission and are wishing to make public comment will available for public inspection. This filing may also be viewed on the DEPARTMENT OF ENERGY be provided a maximum of 5 minutes to Internet at http://www.ferc.fed.us/ present their comments at the end of the Federal Energy Regulatory online/rims.htm (call 202–208–2222 for meeting. Commission assistance). [Docket No. EG00±171±000, et al.] Minutes David P. Boergers, The minutes of this meeting will be Secretary. EUA Ocean State Power Corporation, available for public review and copying [FR Doc. 00–16271 Filed 6–27–00; 8:45 am] et al., Electric Rate and Corporate at the Freedom of Information Public BILLING CODE 6712±01±M Regulation Filings Reading Room, 1E–190, Forrestal June 20, 2000. Building, 1000 Independence Avenue, DEPARTMENT OF ENERGY Take notice that the following filings SW., Washington, DC 20585 between 9 have been made with the Commission: a.m. and 4 p.m., Monday–Friday, except Federal Energy Regulatory 1. EUA Ocean State Power Corporation Federal holidays. Minutes will also be Commission available at the Department of Energy’s [Docket No. EG00–171–000] [Docket No. EL00±84±000] Environmental Information Center and Take notice that on June 15, 2000, Reading Room at 175 Freedom Prairieland Energy, Inc.; Notice of EUA Ocean State Power Corporation Boulevard, Highway 60, Kevil, Filing (EUA OSP) filed an application for Kentucky between 8 a.m. and 5 p.m. on determination of exempt wholesale Monday thru Friday or by writing to June 22, 2000. generator status pursuant to Part 365 of John D. Sheppard, Department of Energy Take notice that on June 13, 2000, the Commission’s regulations. EUA OSP Paducah Site Office, Post Office Box Prairieland Energy, Inc. (Prairieland) states that it is engaged indirectly 1410, MS–103, Paducah, Kentucky filed a petition pursuant to Rule 207 of through its affiliates in owning and 42001 or by calling him at (270) 441– the Commission’s Rules of Practice and operating the Ocean State Power project 6804. Procedure, 18 CFR 385.207, requesting consisting of two approximately 250 the Commission to disclaim jurisdiction megawatt electric generating facilities Issued at Washington, DC on June 23, 2000. over Prairieland as a ‘‘public utility’’, as located in Burrillville, Rhode Island. Rachel M. Samuel, that latter term is defined in Section Electric energy produced by the Ocean Deputy Advisory Committee Management 201(e) of the Federal Power Act, 16 State Power project is sold exclusively Officer. U.S.C.A. § 824(e). at wholesale. [FR Doc. 00–16301 Filed 6–27–00; 8:45 am] In its petition, Prairieland states that Comment date: July 11, 2000, in BILLING CODE 6450±01±P it intends to engage in wholesale accordance with Standard Paragraph E electric power and energy purchases at the end of this notice. The and sales as a marketing company. Commission will limit its consideration

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39891 of comments to those that concern the 5. Southwestern Public Service Transportation Commission and the adequacy or accuracy of the application. Company Public Utility Commission of Oregon. Comment date: July 6, 2000, in 2. Southwestern Public Service [Docket No. ER00–2845–000] accordance with Standard Paragraph E Company Take notice that on June 15, 2000, at the end of this notice. Southwestern Public Service Company [Docket No. ER00–2840–000] (Southwestern), tendered for filing its 9. Carolina Power & Light Company Take notice that on June 15, 2000, proposed non-fuel and non-purchased [Docket No. ER00–2849–000] Southwestern Public Service Company power operations and maintenance (Southwestern), tendered for filing its expense savings credit resulting from its Take notice that on June 15, 2000, proposed non-fuel and non-purchased merger with Public Service Company of Carolina Power & Light Company (CP&L) tendered for filing an executed power operations and maintenance Colorado required in its agreement with Service Agreement with PG&E Energy expense savings credit resulting from its Central Valley Electric Cooperative, Inc. Trading-Power, L.P. under the merger with Public Service Company of (Central Valley) filed in Docket No provisions of CP&L’s Market-Based Colorado required in its agreement with ER97–3904–000. Rates Tariff, FERC Electric Tariff No. 4. Lyntegar Electric Cooperative, Inc. Comment date: July 6, 2000, in This Service Agreement supersedes the (Lyntegar) filed in Docket No ER97– accordance with Standard Paragraph E un-executed Agreement originally filed 3906–000. at the end of this notice. in Docket No. ER98–3385–000 and Comment date: July 6, 2000, in 6. Southwestern Public Service approved effective May 18, 1998. accordance with Standard Paragraph E Company CP&L is requesting an effective date of at the end of this notice. [Docket No. ER00–2846–000] May 18, 1998 for this Agreement. 3. Tucson Electric Power Company Take notice that on June 15, 2000, Copies of the filing were served upon the North Carolina Utilities Commission [Docket No. ER00–2841–000] Southwestern Public Service Company (Southwestern), tendered for filing its and the South Carolina Public Service Take notice that on June 15, 2000, proposed non-fuel and non-purchased Commission. Tucson Electric Power Company power operations and maintenance Comment date: July 6, 2000, in (Tucson) tendered for filing one (1) expense savings credit resulting from its accordance with Standard Paragraph E umbrella service agreement (for short- merger with Public Service Company of at the end of this notice. term firm service) pursuant to Part II of Colorado required in its agreement with 10. Northern Indiana Public Service Tucson’s Open Access Transmission Lea County Electric Cooperative, Inc. Company Tariff, which was filed in Docket No. (Lea County) filed in Docket No ER97– OA96–140–000. 3905–000. [Docket No. ER00–2855–000] Take notice that on June 15 , 2000, The details of the service agreement Comment date: July 6, 2000, in Northern Indiana Public Service are as follows: accordance with Standard Paragraph E at the end of this notice. Company (Northern Indiana) filed a (1) Umbrella Agreement for Short- Service Agreement pursuant to its Term Firm Point-to-Point Transmission 7. Southwestern Public Service Power Sales Tariff with British Service dated as of June 12, 2000 by and Company Columbia Power Exchange Corporation between Tucson Electric Power [Docket No. ER00–2847–000] (Powerex). Company and El Paso Merchant Energy, Take notice that on June 15, 2000, Northern Indiana has requested an L.P. No service has commenced at this Southwestern Public Service Company effective date of June 19, 2000. time. (Southwestern), tendered for filing its Copies of this filing have been sent to Tucson requests that the service proposed non-fuel and non-purchased Powerex, the Indiana Utility Regulatory agreement become effective as of June power operations and maintenance Commission, and the Indiana Office of 14, 2000. expense savings credit resulting from its Utility Consumer Counselor. Comment date: July 6, 2000, in merger with Public Service Company of Comment date: July 6, 2000, in accordance with Standard Paragraph E Colorado required in its agreement with accordance with Standard Paragraph E at the end of this notice. New Corp Resources, Inc. (New Corp) at the end of this notice. filed in Docket No ER97–3903–000. 4. Southwestern Public Service 11. Northern Indiana Public Service Comment date: July 6, 2000, in Company Company accordance with Standard Paragraph E [Docket No. ER00–2856–000] [Docket No. ER00–2842–000] at the end of this notice. Take notice that on June 15 , 2000, 8. PacifiCorp Take notice that on June 15, 2000, Northern Indiana Public Service Southwestern Public Service Company [Docket No. ER00–2848–000] Company (Northern Indiana) filed a (Southwestern), tendered for filing its Take notice that PacifiCorp on June Service Agreement pursuant to its proposed non-fuel and non-purchased 15, 2000, tendered for filing in Power Sales Tariff with ONEOK Power power operations and maintenance accordance with 18 CFR Part 35 of the Marketing Company (OPMC). expense savings credit resulting from its Commission’s Rules and Regulations, a Northern Indiana has requested an merger with Public Service Company of Notice of Cancellation of Service effective date of June 16, 2000. Colorado required in its agreement with Agreement No. 140 under PacifiCorp’s Copies of this filing have been sent to Roosevelt Electric Cooperative, Inc. FERC Electric Tariff, Fourth Revised OPMC, the Indiana Utility Regulatory (Roosevelt) filed in Docket No ER97– Volume No. 3 between Illinova Power Commission, and the Indiana Office of 3902–000. Marketing, Inc. (Illinova) and Utility Consumer Counselor. Comment date: May 5, 2000, in PacifiCorp. Comment date: July 6, 2000, in accordance with Standard Paragraph E Copies of this filing were supplied to accordance with Standard Paragraph E at the end of this notice. the Washington Utilities and at the end of this notice.

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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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Federal Energy Regulatory of the Commission. Commission ACTION: Notice. Comments, Protests, or Motions to SUMMARY: In compliance with the Notice of Amendment of License and Intervene—Anyone may submit Paperwork Reduction Act (PRA) (44 Soliciting Comments, Motions To comments, a protest, or a motion to U.S.C. 3501 et seq.), this notice Intervene, and Protests intervene in accordance with the announces that EPA is seeking public requirements of Rules of Practice and June 22, 2000. comment on the following Information Procedure, 18 CFR 385.210, .211, .214. Collection Request (ICR): ‘‘Certification Take notice that the following In determining the appropriate action to hydroelectric application has been filed of Pesticide Applicators (EPA ICR No. take, the Commission will consider all 0155.07, OMB No. 2070–0029).’’ This is with the Commission and is available protests or other comments filed, but for public inspection: a request to renew an existing ICR that only those who file a motion to a. Application Type: Non-Project Use is currently approved and due to expire of Project Land. intervene in accordance with the September 30, 2000. The ICR describes b. Project No.: P–1494–209. Commission’s Rules may become a the nature of the information collection c. Date Filed: June 6, 2000. party to the proceeding. Any comments, activity and its expected burden and d. Applicant: Grand River Dam protests, or motions to intervene must costs. Before submitting this ICR to the Authority. be received on or before the specified Office of Management and Budget e. Name of Project: Pensacola Project. comment date for the particular (OMB) for review and approval under f. Location: The Pensacola Project is application. the PRA, EPA is soliciting comments on located on the Grand (Neosho) River in Filing and Service of Responsive specific aspects of the collection. Craig, Delaware, Mayes, and Ottawa Documents—Any filing must bear in all DATES: Written comments, identified by Counties, Oklahoma. This project does capital letters the title ‘‘COMMENTS’’, the docket control number OPP–00663, not utilize Federal or Tribal lands. ‘‘RECOMMENDATIONS FOR TERMS must be received on or before August g. Filed Pursuant to: Federal Power 28, 2000. Act, U.S.C. 791(a)–825(r). AND CONDITIONS’’, ‘‘PROTEST’’, OR ‘‘MOTION TO INTERVENE’’, as ADDRESSES: Comments may be h. Applicant Contract: Bob Sullivan, submitted by mail, electronically, or in Grand River Dam Authority, P.O. Box applicable, and the Project Number of the particular application to which the person. Please follow the detailed 409, Vinita, OK 74301, (918) 256–5545. instructions for each method as i. FERC Contact: Shannon Dunn at filing refers. Any of the above-named provided in Unit III. of the [email protected], or telephone documents must be filed by providing ‘‘SUPPLEMENTARY INFORMATION.’’ (202) 208–0853. the original and the number of copies To ensure proper receipt by EPA, it is j. Deadline for filing comments, provided by the Commission’s imperative that you identify docket motions, or protests: July 27, 2000. regulations to: The Secretary, Federal control number OPP–00663 in the All documents (original and eight Energy Regulatory Commission, 888 copies) should be filed with: David P. subject line on the first page of your First Street, N.E., Washington, D.C. response. Boergers, Secretary, Federal Energy 20426. A copy of any motion to Regulatory Commission, 888 First intervene must also be served upon each FOR FURTHER INFORMATION CONTACT: By Street, NE, Washington, DC 20426. representative of the Applicant mail: Nancy Vogel, Field and External Please include the project number P– specified in the particular application. Affairs Division (7506C), Office of 1494–209) on any comments, motions, Pesticide Programs, Environmental or protests filed. Agency Comments—Federal, state, Protection Agency, 1200 Pennsylvania k. Description of Project: Grand River and local agencies are invited to file Ave., NW., Washington, DC 20460; Dam Authority, licensee for the comments on the described application. telephone number: (703) 305–6475; fax Pensacola Project, requests approval to A copy of the application may be number: (703) 305–5884; e-mail address: grant permission to John Ahern, d/b/a obtained by agencies directly from the [email protected]. Beehern Properties to dredge Applicant. If an agency does not file SUPPLEMENTARY INFORMATION: approximately 7,500 to 8,500 cubic comments within the time specified for yards of material to deepen the cove for filing comments, it will be presumed to I. Does this Action Apply to Me? dock construction and boat access. The have no comments. One copy of an You may be potentially affected by dock project would consist of 2 docks agency’s comments must also be sent to this action if you run an EPA approved and 1 breakwater containing 20 slips. the Applicant’s representatives. certified pesticide applicator program The proposed project is in the Zena area for restricted use pesticides or are a of the Grand Lake O’ the Cherokees. David P. Boergers, certified pesticide applicator using l. Locations of the application: A copy Secretary. restricted use pesticides that must of the application is available for [FR Doc. 00–16310 Filed 6–27–00; 8:45 am] comply with requirements of section 11 inspection and reproduction at the BILLING CODE 6717±01±M of the Federal Insecticide, Fungicide, Commission’s Public Reference Room, and Rodenticide Act (FIFRA) and 40 located at 888 First Street, NE, Room CFR part 171. Potentially affected

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39899 procedures set forth in 40 CFR part 2. document (i.e., RED) after the section 402 of the Clean Water Act. If In addition to one complete version of consideration of issues and discussions EPA approves the MEPDES program, the the comment that includes any with stakeholders. USDA plans to hold State will administer this program, information claimed as CBI, a copy of meetings and conference calls with the which regulates the discharges of point the comment that does not contain the public (i.e., interested stakeholders such sources to navigable waters, subject to information claimed as CBI must be as growers, USDA Cooperative continuing EPA oversight and submitted for inclusion in the public Extension Offices, commodity groups, enforcement authority, in place of the version of the official record. and other Federal government agencies) National Pollutant Discharge Information not marked confidential to discuss any identified risks and Elimination System (NPDES) program will be included in the public version solicit input on risk management now administered by EPA in Maine. On of the official record without prior strategies. EPA will participate in December 30, 1999 (64 FR 73552) EPA notice. If you have any questions about USDA’s meetings and conference calls published a notice requesting comments CBI or the procedures for claiming CBI, with the public. This feedback will be on the Maine application by February please consult the person listed under used to complete the risk management 29, 2000. Today, EPA is extending the ‘‘FOR FURTHER INFORMATION decisions and the RED. EPA plans to comment period on the State’s request CONTACT.’’ conduct a close-out conference call with until July 28, 2000 solely for the III. What Action is the Agency Taking? interested stakeholders to describe the purposes of taking comment on the regulatory decisions presented in the question of whether EPA should EPA is making available to the public RED. REDs for pesticides developed approve the State’s application to the risk assessments that have been under the interim process will be made administer its program in the lands or developed as part of EPA’s process for available for public comment. territories of the Indian Tribes in Maine. tolerance reassessment and Included in the public version of the EPA will determine whether to approve reregistration. While there is no formal official record is the Agency’s risk or disapprove the State’s application as public comment period, the Agency will assessments and related documents for to Indian lands and territories and as to accept comments on the risk assessment oxamyl, terrazole, and triallate. As all other areas in the State of Maine after documents. Comments submitted additional comments, reviews, and risk considering all comments it receives. within the first 30 days are most likely assessment modifications become DATES: to be considered. REDs for pesticides EPA Region I will take written available, these will also be docketed for comments solely on the question of developed under the interim process the pesticides listed in this notice. will be made available for public whether EPA should approve the State’s These risk assessments reflect only the comment. application to operate its program in the work and analysis conducted as of the EPA and USDA have been using a lands or territories of the Indian Tribes pilot public participation process for the time they were produced and it is in Maine through July 28, 2000 at its assessment of organophosphate appropriate that, as new information office in Boston, MA. EPA requests that pesticides since August 1998. In becomes available and/or additional copies of such written comments also be considering how to accomplish the analyses are performed, the conclusions provided to the Maine Department of movement from the current pilot being they contain may change. Environmental Protection (MEDEP). used for the organophosphate pesticides List of Subjects ADDRESSES: Written comments must be to the public participation process that submitted to: Stephen Silva, USEPA Environmental protection, Chemicals, will be used in the future for non- Maine State Office, 1 Congress Street— Pesticides and pests. organophosphates, such as oxamyl, Suite 1100 (CME), Boston, MA 02114– terrazole, and triallate, EPA and USDA Dated: June 21, 2000. 2023. EPA requests that a copy of each have adopted an interim public Lois Rossi, comment be submitted to: Dennis participation process for the non- Director, Special Review and Reregistration Merrill, MEDEP, Statehouse Station #17, organophosphate pesticides scheduled Division, Office of Pesticide Programs. Augusta, ME 04333–0017. for tolerance reassessment and [FR Doc. 00–16370 Filed 6–27–00; 8:45 am] Copies of documents Maine has reregistration in 2000. The interim BILLING CODE 6560±50±F submitted in support of its program public participation process ensures approval request may be reviewed public access to the Agency’s risk during normal business hours, Monday assessments while also allowing EPA to ENVIRONMENTAL PROTECTION through Friday, excluding holidays, at: meet its reregistration commitments. AGENCY EPA Region I, 11th Floor Library, 1 The interim public participation process Congress Street—Suite 1100, Boston, for the non-organophosphate pesticides [FRL±6725±9] MA 02114–2023, 617–918–1990 or 1– 888–372–5427; and MEDEP, Ray scheduled for tolerance reassessment State Program Requirements; Building, Hospital Street, Augusta, ME. and reregistration in 2000 and 2001 Application to Administer the National FOR FURTHER INFORMATION CONTACT: takes into account that the risk Pollutant Discharge Elimination assessment development work on these System (NPDES) Program; Maine Stephen Silva at the address listed pesticides is substantially complete. The above or by calling (617) 918–1561 or interim public participation process AGENCY: Environmental Protection Dennis Merrill at the address listed involves: A registrant error correction Agency (EPA). above or by calling (207) 287–7788. The period; a period for the Agency to ACTION: Notice; extension of public State’s submissions (which comprise respond to the registrant’s error comment period on Application for approximately 128 pages in the comments; the release of the refined risk Approval of the Maine Pollutant application, 382 pages in the appendix, assessments and risk characterizations Discharge Elimination System. and 11 pages in a supplement with an to the public via the docket and EPA’s additional 688 pages of attachments) internet website; a significant effort on SUMMARY: The State of Maine has may be copied at the MEDEP office in stakeholder consultations, such as submitted a request for approval of the Augusta, or EPA office in Boston, at a meetings and conference calls; and the Maine Pollutant Discharge Elimination cost of 15 cents per page. A copy of the issuance of the risk management System (MEPDES) Program pursuant to entire initial submission (not including

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39900 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices the supplement) may be obtained from Implementing Act, 30 M.R.S.A. sections Memorandum of Understanding with the MEDEP office in Augusta for a $20 6201–6214 (MIA), when describing the each of the Maine Tribes outlining how fee. jurisdictional relationship between the EPA will consult with all of the Tribes Part of the State’s program submission State and the Passamaquoddy Tribe and to understand their concerns about and supporting documentation is Penobscot Nation. 25 U.S.C. 1725. The administration of the NPDES program available electronically at the following MIA provides that ‘‘Except as otherwise under the Clean Water Act. EPA has Internet address: http:// provided in this Act, all Indians, Indian placed a proposed draft of this www.state.me.us/dep/blwq/delegation/ nations, and tribes and bands of Indians Memorandum in the docket available to delegation.htm in the State and any lands or other the public and will be consulting with natural resources owned by them, held SUPPLEMENTARY INFORMATION: the Maine Tribes on the terms of the in trust for them by the United States or Memorandum. EPA notes that the draft Tribal Issues On Which EPA Is Taking by any other person or entity shall be Memorandum addresses potential water Further Comment subject to the laws of the State and to quality effects on all of the Tribes in In the original notice inviting public the civil and criminal jurisdiction of the Maine. This form of the draft is not comment on Maine’s program courts of the State to the same extent as intended to suggest that EPA has any other person or lands or other application, EPA specifically asked for prejudged whether EPA will approve natural resources therein.’’ 30 MRSA comment on the State’s assertion that it Maine to administer its program in the section 6204. In section 6206, the MIA has authority under the Maine Indian Territories of the Passamaquoddy Tribe specifically provides that with regard Claims Settlement Act, 25 U.S.C. 1721– and the Penobscot Nation. The only to the Passamaquoddy Tribe and 1735 (MICSA), to administer its NPDES memorandum is drafted broadly to the Penobscot Nation that ‘‘internal program in the lands and territories of address all of EPA’s oversight tribal matters, including membership in the Maine Indian Tribes, which are the responsibilities in the State. A Tribe the respective tribe or nation, the right Houlton Band of Maliseet Indians, the may have concerns not only about the to reside within the respective Indian Aroostook Band of Micmacs, the two State’s administration of the program territories, tribal organization, tribal governments of the Passamaquoddy within tribal lands, but also about the government, tribal elections and the use effects of state administration of its Tribe, and the Penobscot Nation. In or disposition of settlement fund addition, on October 21, 1999, EPA program in state waters that are up- income shall not be subject to regulation stream from, or that otherwise affect formally requested a written legal by the State.’’ MICSA and MIA contain opinion from the Department of the water quality in, tribal lands and other provisions that provide for the territories. Interior (DOI), Office of the Solicitor on exercise of tribal authority separate and the extent of the State of Maine’s Whatever decision EPA makes the distinct from the civil and criminal Agency will have to address practical jurisdiction over the regulation of water jurisdiction of the State. Commenters quality in Indian country in light of the implementation issues. EPA seeks may wish to read the DOI opinion, comment on those issues. Maine Indian Claims Settlement Act. On which explains the basis for its May 16, 2000, DOI provided EPA with conclusion. Other Federal Statutes the Solicitor’s legal opinion (the DOI EPA notes that if it adopts DOI’s opinion). EPA has placed a copy of this Nothing in this extension of the analysis and denies the State public comment period changes any of opinion in its rulemaking record and application as to Passamaquoddy and has made the opinion available to the the analyses or findings concerning Penobscot Indian Territory, EPA would other federal statutes which EPA made public. EPA believes the public should retain the authority to administer the have an opportunity to comment on the in its notice of December 30, 1999. See NPDES program in these Territories. If 64 FR 73554–73555. State of Maine’s application to EPA were to deny Maine’s application administer its MEPDES program in the as to the Indian Territories, the next Authority: This action is prepared under lands and territories of the Tribes in question becomes where would the the authority of section 402 of the Clean Maine in light of the DOI opinion. State’s program apply and where would Water Act as amended, 42 U.S.C. 1342. EPA is opening its record solely for EPA retain permitting authority? EPA Dated: June 20, 2000. the purposes of taking comment on the recognizes that facilities that need a Mindy S. Lubber, question of whether EPA should discharge permit would need to know Regional Administrator, Region I. approve the State’s application to whether to apply or reapply to the State [FR Doc. 00–16365 Filed 6–27–00; 8:45 am] administer its program in the lands or or EPA for an NPDES permit. BILLING CODE 6560±50±P territories of the Tribes in Maine, Understanding that jurisdictional because we believe our record would boundaries are primarily an benefit from further comment by intergovernmental issue of concern of FEDERAL COMMUNICATIONS interested parties. EPA is not opening the Tribes, the State, and the federal COMMISSION its record for comment on other issues, government, EPA seeks comment on the which the Agency believes have already geographical extent of Passamaquoddy [DA 00±1401] been thoroughly aired. and Penobscot Indian Territories. Jurisdiction in Passamaquoddy and Other Issues New Filing Window for MDS and ITFS Applications for Two-Way Operations Penobscot Indian Territory Regardless of what areas it may The DOI opinion concluded that the approve the State of Maine to AGENCY: Federal Communications regulation of water quality is an administer, EPA would retain Commission. ‘‘internal tribal matter’’ under MICSA significant oversight authority. EPA ACTION: Notice. over which the State of Maine does not would exercise such oversight have jurisdiction in the Passamaquoddy responsibilities consistent with the SUMMARY: This document postpones the and Penobscot Indian Territories. As federal government’s trust responsibility July 3 through July 10, 2000 filing noted in the DOI opinion, MICSA to federally-recognized Indian Tribes. window for MDS and ITFS applications incorporates the terms of the Maine To that end, EPA intends to negotiate a for two-way operations. The new filing

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39901 window will begin August 14, 2000 and within 10 days of the date this notice Persons knowing of any reason why end August 18, 2000. appears in the Federal Register. the following applicants should not DATES: The new window filing Agreement No.: 011367–018. receive a license are requested to opportunity begins August 14, 2000 and Title: Colombia Discussion contact the Office of Transportation ends August 18, 2000. Agreement. Intermediaries, Federal Maritime FOR FURTHER INFORMATION CONTACT: Parties: Commission, Washington, D.C. 20573. David Roberts, Video Services Division, Frontier Liner services, Inc. Non-Vessel-Operating Common Mass Media Bureau at (202) 418–1600. Crowley Liner Services, Inc. Carrier Ocean Transportation King Ocean Services, S.A. d/b/a King Intermediary Applicants: SUPPLEMENTARY INFORMATION: This is a Ocean de Colombia F.M.I. Cargo Shipping, Inc., 1022 W. summary of a Order released June 23, Hamburg-Sudamerikanische Irving Park Road, Bensenville, IL 2000. It does not include attachments. Dampfschifffahrtsgesellschaft Eggert & 60106. Officers: Felix Wong, Secretary The complete text of the Order is Amsinck d/b/a Crowley American (Qualifying Individual); Wai-Fan available for public inspection and Transport Yeung, President. copying during normal business hours A.P. Moller-Maersk Sealand in the FCC Reference Center (Room CY– Seaboard Marine Ltd. DVN Carriers, LP, 6802 Mapleridge A257), 445 12th Street, SW, American President Lines, Ltd. Street, Suite 207, Bellaire, TX 77401. Washington, DC. It may also be Synopsis: The proposed amendment Officers: C. Rider Griswold, Managing purchased from the Commission’s copy would allow the parties to negotiate and Partner; Madelaine Griswold, Partner. contractor, International Transcription agree on joint service contracts while Jenkar International Freight Ltd., 150–30 Services, Inc. (ITS, Inc.) 1231 20th retaining the right to negotiate service 132nd Avenue, Jamaica, NY 11434. Street, NW, Washington, DC 20035, contracts with non-members who Officers: Donald James Wolfe, (202) 857–3800. It is also available on belong to the Colombia Independent Director (Qualifying Individual). the Commission’s web site at http:// Carrier Agreement. The parties are not Ocean Freight Forwarders—Ocean www.fcc.gov. required to agree to or adhere to any Transportation Intermediary Applicants: The Mass Media Bureau announces a rates, terms or conditions except those Farris Customs Brokers, Inc., 13591 postponement of the July 3 through July entered into pursuant to such service McGregor Bl., Suite 20, Fort Myers, 10, 2000 filing window for MDS and contracts. FL 33912. Officers: Donald G. Farris, ITFS applications for two-way Agreement No.: 011528–016. Sr., Vice President (Qualifying operations. The new filing window will Title: Japan/United States Eastbound Individual); Carolyn D. Wilmot, begin August 14, 2000 and end August Freight Conference. President. 18, 2000. However, in order to permit Parties: Cargomar Overseas, Inc., 1325 N.W. 78 commercial operators to fulfill their American President Lines, Ltd. Avenue, Suite 100, Miami, FL 33126. business plans which were created in Hapag-Lloyd Container Line GmbH Officer: Atilio C. Fernandez, President reliance upon the timelines set forth in Kawasaki Kisen Kaisha, Ltd. (Qualifying Individual). Mitsui O.S.K. Lines, Ltd. previous Commission Orders and Public Ohlson International Logistics A.P. Moller-Maersk Sealand Incorporated, 960 Lunt Avenue, Elk Notice, the Commission will permit Nippon Yusen Kaisha MDS operators, starting July 3, 2000, to Orient Overseas Container Line, Inc. Grove Village, IL 60007. Officers: file applications for two-way authority P&O Nedlloyd B.V. Michael J. Ohlson, President for Channels 1, 2 and 2a upstream. Such P&O Nedlloyd Limited (Qualifying Individual); Joseph commercial applicants should have Wallenius Wilhelmsen Lines AS Calabria, Vice President. consents for downstream transmissions Synopsis: The proposed amendment Dated: June 23, 2000. from all affected parties. In addition, we would further extend the suspension of Bryant L. VanBrakle, will permit ITFS operators the the Agreement for an additional six- Secretary. opportunity to file for developmental month period through January 31, 2001. [FR Doc. 00–16388 Filed 6–27–00; 8:45 am] authority to begin two-way service. Dated: June 23, 2000. BILLING CODE 6730±01±P Federal Communications Commission. By Order of the Federal Maritime Barbara A. Kreisman, Commission. Chief, Video Services Division, Mass Media Bryant L. VanBrakle, FEDERAL TRADE COMMISSION Bureau. Secretary. [FR Doc. 00–16324 Filed 6–27–00; 8:45 am] [FR Doc. 00–16389 Filed 6–27–00; 8:45 am] Children's Online Privacy Protection BILLING CODE 6712±01±P BILLING CODE 6730±01±P Safe Harbor Proposed Self-Regulatory Guidelines; ESRB Privacy Online, a Division of the Entertainment Software FEDERAL MARITIME COMMISSION FEDERAL MARITIME COMMISSION Rating Board Notice of Agreement(s) Filed Ocean Transportation Intermediary AGENCY: Federal Trade Commission. License; Applicant ACTION: Notice of Proposed ‘‘Safe The Commission hereby gives notice Harbor’’ Guidelines and Request for of the filing of the following Notice is hereby given that the Public Comment. agreement(s) under the Shipping Act of following applicants have filed with the 1984. Interested parties can review or Federal Maritime Commission an SUMMARY: The Federal Trade obtain copies of agreements at the application for licenses as Non-Vessel Commission publishes this notice and Washington, DC offices of the Operating Common Carrier and Ocean request for public comment concerning Commission, 800 North Capitol Street, Freight Forwarder—Ocean proposed self-regulatory guidelines N.W., Room 940. Interested parties may Transportation Intermediary pursuant to submitted by ESRB Privacy Online, a submit comments on an agreement to section 19 of the Shipping Act of 1984 division of the Entertainment Software the Secretary, Federal Maritime as amended (46 U.S.C. app. 1718 and 46 Rating Board (‘‘ESRB’’), under the safe Commission, Washington, DC 20573, CFR part 515). harbor provision of the Children’s

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Online Privacy Protection Rule, 16 CFR on the Commission’s website, DEPARTMENT OF HEALTH AND 312.10. . HUMAN SERVICES DATES: Written comments must be Section B. Questions on the Proposed Centers for Disease Control and submitted on or before July 31, 2000. Guidelines Comments will be posted on the Prevention The Commission is seeking comment Commission’s web site: . on various aspects of the proposed guidelines, and is particularly interested ADDRESSES: Written comments should Community-Based Strategies To in receiving comment on the questions be submitted to: Secretary, Federal Increase HIV Testing of Persons at that follow. These questions are Trade Commission, Room H–159, 600 High Risk in Communities of Color; designed to assist the public and should Pennsylvania Avenue, NW, Washington, Notice of Availability of Funds not be construed as a limitation on the DC 20580. The Commission requests issues on which public comment may A. Purpose that commenters submit the original be submitted. Responses to these plus five copies, if feasible. To enable Why Are These Funds Being Offered? questions should cite the numbers and prompt review and public access, subsection of the questions being For fiscal year 2000, the Centers for comments also should be submitted, if Disease Control and Prevention (CDC) is possible, in electronic form, on either a answered. For all comments submitted, please provide any relevant data, offering funds to community-based 51⁄4 or a 31⁄2 inch computer disk, with statistics, or any other evidence, upon organizations (CBOs) to implement a disk label stating the name of the innovative strategies to increase the commenter and the name and version of which those comments are based. 1. Please provide comment on any or number of high-risk persons who the word processing program used to receive HIV prevention counseling, create the document. (Programs based all of the provisions in the proposed guidelines. For each provision testing, and referral services. These on DOS or Windows are preferred. Files CBOs should be working in from other operating systems should be commented on please describe (a) the impact of the provision(s) (including communities of color (African submitted in ASCII text format.) Americans, Hispanics, American Alternatively, the Commission will any benefits and costs), if any, and (b) what alternatives, if any, ESRB, should Indians, Asian and Pacific Islanders) accept comments submitted to the and focus special emphasis on trying to following e-mail address, consider, as well as the costs and benefits of those alternatives. reach those who are HIV positive and do . Individual not know their status. members of the public filing comments 2. Do the provisions of the proposed need not submit multiple copies or guidelines governing operators’ Goals comments in electronic form. All information practices provide ‘‘the same or greater protections for children’’ as 1. To strengthen HIV prevention submissions should be captioned: services provided by CBOs in ‘‘ESRB Safe Harbor Proposal— those contained in Sections 312.2–312.8 3 communities of color which have very Comment, P004504.’’ of the Rule? Where possible, please cite the relevant sections of both the high risk of HIV infection. FOR FURTHER INFORMATION CONTACT: Rule and the proposed guidelines. 2. To increase community-based HIV Toby Levin, (202) 326–3156, Abbe 3. Are the mechanisms used to assess counseling, testing, and referral Goldstein, (202) 326–3423, or Karen operators’ compliance with the services. Muoio, (202) 326–2491, Division of guidelines effective? 4 If not, please 3. To increase the number of high-risk Advertising Practices, Bureau of describe (a) how the proposed persons who are tested for HIV infection Consumer Protection, Federal Trade guidelines could be modified to satisfy and find out the test results. Commission, 601 Pennsylvania Ave., the Rule’s requirements, and (b) the 4. To promote successful partnerships NW, Washington, DC 20580. costs and benefits of those to improve HIV testing and prevention SUPPLEMENTARY INFORMATION: modifications. efforts. Section A. Background 4. Are the incentives for operators’ B. Eligible Applicants compliance with the guidelines On October 20, 1999, the Commission effective? 5 If not, please describe (a) Who Can Apply? issued its final Rule 1 pursuant to the how the proposed guidelines could be To Be Able To Apply, You Must Children’s Online Privacy Protection modified to satisfy the Rule’s 1. Have a current non-profit status Act, 15 U.S.C. 6501, et seq. The Rule requirements, and (b) the costs and under Internal Revenue Service Code requires certain web site operators to benefits of those modifications. Section 501(c)(3). post privacy policies, provide notice, 5. Do the guidelines provide adequate 2. Be located in and provide services and obtain parental consent prior to means for resolving consumer to communities of color that are in the collecting, using, or disseminating complaints? If not, please describe (a) 40 metropolitan statistical areas (MSAs) personal information from children. The how the proposed guidelines could be with the highest prevalence of reported Rule contains a ‘‘safe harbor’’ provision modified to resolve consumer AIDS cases in communities of color as enabling industry groups or others to complaints adequately, and (b) the costs of 1998 or in any of the counties or submit self-regulatory guidelines that and benefits of those modifications. would implement the protections of the cities that had the most syphilis cases in Rule to the commission for approval.2 By direction of the Commission. 1999 (see below for a list of the MSAs Pursuant to Section 312.10 of the Donald S. Clark, and high syphilis counties). Rule, ESRB has submitted proposed Secretary. 3. Have more than half of your self-regulatory guidelines to the [FR Doc. 00–16307 Filed 6–27–00; 8:45 am] executive board or governing group Commission for approval. The full text BILLING CODE 6750±01±M filled by members of the racial/ethnic of the proposed guidelines is available population you plan to serve. 3 See 16 CFR 312.10(b)(1); 64 FR 59915. 4. Have more than half of your key 1 64 FR 59888 (1999). 4 See 16 CFR 312.10(b)(2); 64 FR 59915. management, supervisory, and 2 See 16 CFR 312.10; 64 FR 59906–59908, 59915. 5 See 16 CFR 312.10(b)(3); 64 FR 59915. administrative positions (for example,

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Be able to show that your Contra Costa); Orange County (Orange); Puerto Rico: San Juan (Aguas Buenas, organization has provided HIV Riverside-San Bernadino (Riverside, San Barceloneta, Bayamon, Canovanas, prevention or care services to the Bernadino); San Francisco (Marin, San Carolina, Catano, Ceiba, Comerio, targeted population for 2 years or more. Francisco, San Mateo); San Diego (San Corozal, Dorado, Fajardo, Florida, 6. Have a current letter of support Diego); Contacts: California: Mary Guaynabo, Humacao, Juncos, Las from the health department that shows Geary, 916–327–3243; e-mail: Piedras, Loiza, Luquillo, Manati, you have discussed with them the [email protected]; San Francisco: Morovis, Naguabo, Naranjito, Rio details of your proposed counseling, Marise Rodrigues, 415–554–9176; e- Grande, San Juan, Toa Alta, Toa Baja, testing, and referral activities and that mail: marise—[email protected]; Trujillo Alto, Vega Alta, Vega Baja, you agree to follow the health Los Angeles: Charles L. Henry, 213– Yabucoa); Contact: Orlando Lopez, 787– department’s guidelines for these 351–8001; e-mail: 274–5502; e-mail: [email protected]. services. If your organization is selected [email protected], fax: 213–387– Maryland: Baltimore (Anne Arundel, for funding, you will need a formal 0912. Baltimore, Carroll, Harford, Howard, memorandum of agreement with the Florida: Fort Lauderdale (Broward); Queen Anne’s, Baltimore City); Contact: health department. (See below for more Jacksonville (Clay, Duval, Nassau, St. Gary Wunderlich, 410–767–5287; e- detailed information on working with Johns); Miami (Dade); Orlando (Lake, mail: [email protected]. the health department.) Orange, Osceola, Seminole); Tampa-St. Illinois: Chicago (Cook, DeKalb, 7. Not request more than $250,000, Petersburg-Clearwater (Hernando, DuPage, Grundy, Kane, Kendall, Lake, including indirect costs. Hillsborough, Pasco, Pinellas); West McHenry, Will); Contacts: Illinois: 8. Not be a government or municipal Palm Beach-Boca Raton (Palm Beach); Sharon Pierce, 217–524–5983; e-mail: agency (including a health department, Contact: Marlene Lalota, 850–245–4423; [email protected]. school board, or public hospital), a e-mail: [email protected]. Chicago: Janice Johnson, 312–747– private or public university or college, Washington, D.C./Maryland/Virginia/ 0120; e-mail: [email protected]. or a private hospital. West Virginia: Washington, D.C. Georgia: Atlanta (Barrow, Bartow, You can apply on your own or with (District of Columbia; Calvert, Charles, Carroll, Cherokee, Clayton, Cobb, one or more CBOs as a coalition. The Frederick, Montgomery, Prince Coweta, DeKalb, Douglas, Fayette, term coalition, for this announcement, George’s, MD; Arlington, Clarke, Forsyth, Fulton, Gwinnett, Henry, means a group of organizations working Culpeper, Fairfax, Fauquier, King Newton, Paulding, Pickens, Rockdale, together, where each organization has a George, Loudoun, Prince William, Spalding, Walton); Contact: Miguel clearly defined activity assigned to them Spotsylvania, Stafford, Warren, Miranda, 404–657–3100; e-mail: from the overall program plan. All Alexandria city, Fairfax city, Falls [email protected]. groups share program responsibilities, Church city, Fredericksburg city, Texas: Austin (Bastrop, Caldwell, but the organization applying for funds Manassas city, Manassas Park city, VA; Hays, Travis, Williamson); Dallas must take the lead and perform a Berkeley, Jefferson, WV); Norfolk- (Collin, Dallas, Denton, Ellis, substantial portion of the program Virginia Beach, Newport-News Henderson, Hunt, Kaufman, Rockwall); activities. The lead organization must (Currituck, NC; Gloucester, Isle of Houston (Chambers, Fort Bend, Harris, meet all of the requirements listed Wight, James city, Mathews, York, Liberty, Montgomery, Waller); San above. Groups that are to be a part of the Chesapeake city, Hampton city, Antonio (Bexar, Comal, Guadalupe, coalition must meet the requirement in Newport News city, Norfolk city, Wilson); Contacts: Texas: Casey Blass or #2 in this section. Poquoson city, Portsmouth city, Suffolk Janna Zumbrun, 512–490–2515; e-mails: For this announcement, only those city, Virginia Beach city, Williamsburg [email protected] or organizations that are in the following city, VA); Richmond-Petersburg (Charles [email protected]. 40 high AIDS prevalence MSAs for 1998 city, Chesterfield, Dinwiddie, Houston: Lupita Thornton, 713–798– or the 25 high syphilis counties for 1999 Goochland, Haqnover, Henrico, New 0829; e-mail: are eligible to apply (because there is Kent, Powhatan, Prince George, Colonial [email protected]. overlap between the MSAs and syphilis Heights city, Hopewell city, Petersburg Massachusetts/New Hampshire: counties, only nine of the syphilis city, Richmond city, VA); Contacts: Boston-Worcester-Lawrence-Lowell- counties are listed separately). In the District of Columbia: Donald Jones, 202– Brockton (Bristol, Essex, Middlesex, following list, counties, municipalities, 727–2500; Virginia: Teresa Henry, 804– Norfolk, Plymouth, Suffolk, Worcester, and cities (in parentheses) and contact 371–4119; e-mail: MA; Hillsborough, Rockingham, names, phone numbers, and e-mail [email protected]; West Virginia: Strafford, NH); Contacts: Massachusetts: addresses are included for each MSA Loretta Haddy 304–558–5358; e-mail: Jean McGuire, 6171–624–5303; e-mail: and high syphilis county. The list is [email protected]; Maryland: [email protected]; New separated by state. City names Gary Wunderlich, 410–767–5287; e- Hampshire: David R. Ayotte, 603–271– connected with a hyphen indicate one mail: [email protected]. 4481; e-mail: [email protected]. MSA. New Jersey/Pennsylvania: Bergen- Connecticut: Hartford (Hartford, Passaic (Bergen, Passaic); Middlesex- Middlesex, Tolland); New Haven- MSAs Somerset-Hunterdon (Hunterdon, Bridgeport-Stamford-Danbury- New York: Nassau-Suffolk (Nassau Middlesex, Somerset); Jersey City Waterbury (Fairfield, New Haven); and Suffolk); New York City (Bronx, (Hudson); Newark (Essex, Morris, Contact: Richard Melchreit, 860–509– Kings, New York, Putnam, Queens, Susses, Union, Warren); Philadelphia 7800; e-mail: Richmond, Rockland, Westchester); (Burlington, Camden, Gloucester, [email protected].

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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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You may choose to provide referral you provided and are receiving This funding must be used to help services in your facility or make services services as a result of the referral. communities of color which have high available in areas where these persons c. Keep your referral lists up to date. rates of HIV infection or whose live, work, and gather (for example, members are at a high risk of infection Note: Because rates of both HIV and STDs street outreach using mobile vans, are high, prevention programs that include and do not know their status. These testing in housing projects, testing in both of these are better able to meet the needs funds are intended to increase the parks). Your proposed activities should of the target population(s). If your number of high-risk persons who get include plans on how to train staff to: organization does not do STD testing and tested for HIV and, as a result, learn a. Give persons client-centered treatment, then you must find out who in their HIV status. They also are intended prevention counseling, testing, and your area does and work closely with them to support HIV prevention counseling referral services as outlined in CDC so you can refer your clients when necessary. and referral for these persons and their guidance (see section I. Where Can I Get 4. Partner Counseling and Referral sex or needle-sharing partners, as More Information for a list of helpful Services needed. publications). Note: You cannot use these funds to give b. Follow up with those who have not Sex and needle-sharing partners of medical care (for example, substance abuse returned to find out if they are infected HIV infected persons should be told of treatment, medical treatment, or with HIV or to receive post-test their risk and be offered HIV prevention medications). counseling. counseling, testing, and referral Part of the funding received through c. Gather information on your services. Training and experience are this announcement can be used to hire activities to give to the health necessary to be able to offer this service. one or more contractors or to support department and CDC. Your health If your organization does not have this coalition partners to help with specific department will give you the reporting training or experience, you must work activities; however, you, not the forms you need. with the health department to determine contract organization(s) or the coalition Note: Funds from this cooperative the best plan for providing partner partner, must carry out most of the agreement cannot be used for ongoing notification services. Some states activities (including managing the counseling sessions. Your proposed plans require that only the health department program and activities) paid for with should include a way to refer persons who provide these services. If you will this funding. are HIV infected or at a high risk of infection provide this service, you must obtain for extended counseling. D. Program Requirements and follow the health department’s Some of the newest rapid test guidelines, protocols, procedures, and Recipient Activities—What Activities technologies greatly improve testing performance standards for partner Must My CBO Do? efforts. As reported in CDC’s Morbidity counseling and referral. If you do not and Mortality Weekly Report (March 27, Prevention Priority Activities follow certain guidelines, you could be 1998/47(11); 211–215), the use of the breaking state laws concerning privacy. 1. Reaching Your Clients. rapid test with same-day results for HIV 2. Counseling and Testing. Contact the health department for a screening in clinical-care settings can complete list of requirements. 3. Referral and Linkages With Other substantially improve the delivery of Service Providers. counseling and testing services * * * 5. Training, Quality Assurance, and 4. Partner Counseling and Referral Program Monitoring and Evaluation Services. providing preliminary positive results 5. Training, Quality Assurance, and also increases the number of infected Staff who will provide HIV Program Monitoring and Evaluation. persons who ultimately learn their counseling, testing, partner counseling, infection status and can be referred for 1. Reaching Your Clients and referral services must be medical treatment and prevention appropriately trained. Also, checking to There are many activities you might services. These tests can be especially see how good a job you are doing and implement to reach those persons who effective in outreach activities and continuing to learn ways to improve are at a high risk of becoming HIV consideration should be given to using your program are ongoing parts of this infected or who are already infected but them. Discuss your proposed testing cooperative agreement. It is suggested don’t know that they are. Services methods with your health department. that if selected for funding, you invest should be provided in a setting that is CDC will provide more information on approximately five percent of the funds comfortable and accessible to your rapid tests to those organizations for training, quality assurance, and clients. Reaching out to promote easy selected for funding. program monitoring and evaluation. access will help to inform and encourage these persons to use the HIV 3. Referral and Linkages With Other Your proposed program should prevention services that are available. In Service Providers address how you would: your proposed program, you will need Those persons who are at a high risk a. Keep track of the training your staff to include details of how you plan to of HIV or are infected with the virus receives in pre- and post-test HIV reach these sometimes hard-to-reach will need more services than will be prevention counseling and referral and persons and make counseling, testing, supported by this funding. To meet partner counseling and referral. and referral services more easily needs such as ongoing counseling or b. Check on whether staff are accessible to them. medical care, you must: following guidelines on how to provide a. Provide referrals for ongoing pre- and post-test HIV prevention 2. Counseling and Testing counseling and other services to meet counseling and partner counseling and Your proposed activities must meet their needs (for example, sexually referral (for example, have management all local and state legal requirements for transmitted disease [STD] and sit in on a counseling session).

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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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(5 points) management, supervisory, and Division of HIV/AIDS Prevention 3. What are the barriers to accessing administrative positions (for example, (DHAP) website at: http://www.cdc.gov/ HIV prevention counseling and testing executive director, program director, hiv/funding/00100. The application in your target population? How will you fiscal director) and more than half of packet includes forms, instructions, address these barriers? (5 points) key service provision positions (for guidance, and the submission form. The 4. Which organizations in your area example, outreach worker, prevention submission form includes a list of are providing similar services? Please case manager, counselor, group questions and a request for a short describe their activities and how your facilitator) filled by persons belonging to description of your target population proposed activities will further meet the the racial/ethnic minority population(s) and your proposed program plan. Your needs of the target population or you plan to serve? answers will not be scored, but will give improve services provided. (2 points) Note: Attach a list of your current key staff us an idea of your overall plan. This 5. Is your proposed target population at the end of this section. For each staff will help in the review process. Your a priority population as indicated in the person listed, include his/her areas of short description should be no more comprehensive HIV prevention plan expertise, role he/she will play in the than 100 words and should tell us developed through the community proposed project, race/ethnicity, and gender. about: planning process? If not, please tell us If you think you will need more staff to carry 1. The population you plan to target why your proposed activities are out your proposed plan, please provide a list and the geographic area where they live. needed? (3 points) of staff needed at the end of this section. 2. The goals and the outcomes you Include expertise needed, the role they will Program Activities fill, and race/ethnicity, as it applies. expect to have as a result of the services you are going to provide. How is this section scored: We will 6. Do you have a letter of support 3. A brief description/outline of what look at whether or not your goals are from the health department indicating you plan to do. likely to be achieved; that is to say, if that you have discussed with them your your activities are sound, doable, plans for HIV prevention counseling, How Do I Write My Proposal creative, specific (how detailed you are testing, and referral services and that (Narrative)? in what you want to do), time-phased you agree to follow the health Your narrative should be no more (have you set a time frame), and department’s guidelines for these than 35 pages. We have included the measurable (can you show that your activities. number of points attached to each activities made a difference). Remember Note: Attach the letter from the health section and a suggested number of that you will work with the health department to the end of this section. If you pages. Sections can vary in length as department and other organizations are selected for funding, you will have to long as the total number of pages in this serving your proposed target population have a formalized memorandum of section is no more than 35. The to carry out your program activities. As agreement with the health department. narrative should address the following the applicant, you must describe how 7. Is your organization applying alone areas. all planned services are to be provided or with other organizations in a either by you or together with another Justification of Need coalition (this means a group of organization. organizations working together, where How is this section scored: You will Suggested length: 15 pages. each organization has a clearly defined be scored on what information you use Points for this section: 40 points. activity assigned to them from the and how you use it to demonstrate the Answer all of the following questions overall program plan)? need of the target population for your for this section. 8. Is your organization currently proposed program. Check with the What are your objectives and funded under one of the following CDC health department for information on activities to accomplish your objectives Program Announcements: 99091, 99092, the HIV statistics and HIV needs for the first year (include objectives for 99096, or 00023? If yes, list the amount assessment developed for the each of the program areas: Reaching of your award for each announcement community planning process. Use this clients, counseling and testing, referral and the cooperative agreement number? information when writing your answer and linkages, partner counseling and 9. Is your organization a government for this section. referral services)? You must give or municipal agency, a private or public Suggested length: 6 pages. objectives that can be measured (that is university or college, or a private Points for this section: 20 points. to say, you can show with numbers that hospital? (If you answer yes, you are not Answer all of the following questions progress is being made and the specific eligible to apply.) for this section. activities done to achieve each 10. Is your organization included in 1. How has your proposed target objective). the category described in section population been affected by the HIV/ 501(c)(4) of the Internal Revenue Code AIDS epidemic (for example, how many For Example: Objectives of 1986 that engages in lobbying persons are infected with HIV, with Reaching clients: Reach No. llll activities? (If you answer yes to this AIDS, how many deaths have there been high-risk persons with face-to-face question, you are not eligible to apply.) from AIDS, how do socioeconomics information about the benefits of testing; affect the population)? (5 points) Counseling and testing: Inform No. What Do I Include in the Submission 2. What are the behaviors and other llll persons from the target Form? characteristics of your target population population of their test results; Referral The full application packet is that put them at a high risk of becoming and linkages: Ensure that No. llll available from The National Prevention infected with HIV or giving HIV to a HIV-positive persons are able to get

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39908 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices medical services; Partner counseling information, and activities related to 6. How will you monitor your and referral: Successfully notify No. your clients? activities and those of organizations llll partners of their risk and working with you as a subcontractor or Management and Staffing of the encourage testing. Refer No. llll of as collaborators? (4 points) Program (3 points): clients with HIV to the health 7. How will you collect information department for partner counseling and 1. How will you manage your required by the health department on referral services. program? reaching your clients, counseling and 2. What will be the roles and testing, referrals and linkages, and Reaching Your Clients (8 points): responsibilities of the staff? partner counseling and referral services, 1. What will you do to reach persons 3. What skills and experience does and how will you use this information who have not been tested before and your staff have? to improve your program? (4 points) who are at a high risk because of their 4. What are the roles and behaviors? responsibilities of those organizations Organizational History and Experience 2. What steps will you take to build you want to work with you (staff How is this section scored: We will trust and credibility with the target responsibilities, skills, experience)? look at the overall experience of your population? Time Line (3 points): organization in working with the target 3. How will you get the target population. This will include how population to use your services? What are the details of your time line? much experience you have related to 4. How will you use the available Include information on the most your proposed project. social networks to help you provide important steps in your project and the Suggested length: 6 pages. approximate dates for when a step is counseling and testing services? Points for this section: 15 points. begun and expected to be completed. Counseling and Testing (10 points): Answer all of the following questions Training, Quality Assurance, and for this section: 1. Will you offer confidential or Program Monitoring and Evaluation 1. What are the specific kinds of anonymous testing? health-related services, other than HIV 2. What testing methods will you use? How is this section scored: We will prevention services, that you have 3. How will you ensure that you have look at your overall plan to determine provided your target population and for approval from a medical doctor for if your objectives are appropriate to how long? (3 points) testing activities? (Letter of intent from your goals, if they are complete, sound a physician is required.) in their methods, doable, specific, time 2. What are the HIV prevention 4. How will you get the test phased (have you set a time frame), and services (including HIV prevention specimens to a laboratory for processing measurable (can you show that your counseling, testing, and referral (including agreements on transportation activities made a difference). services) that you have provided your of specimens to lab, type of testing, and Suggested length: 8 pages. target population and for how long? (2 payment for processing fees)? Points for this section: 25 points. points) 5. How will you collect and report In this section, discuss how you will 3. What other experience does your testing information (you should follow address each of the requirements for organization have in providing services the procedures outlined by the health training, quality assurance, and program to the target population, and for how department)? monitoring and evaluation. With each long? (2 points) 6. How will you follow up with goal and set of objectives, you also need 4. What is your organization’s persons who use your services to make to discuss activities, staffing/resources, experience in linking with other sure they receive their test results? data collection, and time line. organizations for providing HIV care or 7. How will you implement HIV Answer all of the following questions prevention services and ongoing care, if prevention counseling? for this section. needed, for your clients? (3 points) 1. What will you do to make sure your Note: Please describe the types of services Referral and Linkages (6 points): staff gets the training they need? Give an you want to make available and list the 1. How will you help persons who are estimate of the number of staff to be activities and materials your organization has HIV infected or at a high risk of HIV get trained, which staff will be trained, and that will meet these needs. the treatment and other services they who will provide the training. (4 points) 5. What experience does your need (for example, medical, mental 2. How will you routinely monitor organization have in record keeping of health, and drug use treatment)? your staff’s activities to determine if when and how services are provided, 2. Which of your proposed activities they are following established evaluating services, and marketing will be carried out by those guidelines and protocols for pre-and services to the target population? (3 organizations working with you, post-test HIV prevention counseling and points) whether they are part of an HIV referral and testing methods and 6. What experience does your prevention coalition, subcontractors, or laboratory processing and what training organization have in improving the way non-paid partners? You must provide in they need? (3 points) services are delivered by finding and your application a memorandum of 3. How will you determine and meet accessing other resources (for example, agreement or letter of intent from all your organization’s needs in the areas of other organizations, materials, proven partnering organizations, as applicable. capacity-building or technical strategies)? (2 points) assistance? (3 points) Partner Counseling and Referral How Much Will My Proposed Program 4. How will you determine if you are Services (5 points): Cost and How Many Staff Do I Need? How will you ensure that partner meeting your objectives during the first counseling and referral services are year of operation? (4 points) When preparing the budget, use Form provided? 5. How will you measure whether 5161, 424A for the correct budget your services are meeting the needs of format. You can get this form by Confidentiality (5 points): the target population and if those you requesting a copy of the printed What steps will you take to ensure the refer for services are using the referral? Program Announcement or from the confidentiality of all records, (3 points) Internet at:

VerDate 112000 22:00 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39909 http://www.cdc.gov/od/pgo/funding/ concerning your negotiated Federal available at the following Internet funding.htm#HIV. indirect cost rate. address: You must provide details of your What Other Materials Do I Need to http://www.cdc.gov/od/pgo/forminfo.htm. budget for each activity you want to do. Attach? You must also send an original and You must show how the operating costs two (2) copies of your application, will support the activities and objectives Any materials you include as attachments should be printed on one including attachments. you propose. Your organization should Send your application to: Ron Van side of 81⁄2 x 11 paper. Do not submit have the capability to access the Internet Duyne, Grants Management Branch, and to download documents about HIV materials that are bound (for example, booklets or pamphlets, three-ring Procurement and Grants Office, Program from CDC and other sites, as well as Announcement 00100 (Belinda have electronic mail available. If you do binders, or stapled). You will need to provide 2 copies of these attachments, Hammond), Centers for Disease Control not have this capability, you must and Prevention, 2920 Brandywine Road, also on 81⁄2 x 11 paper and not bound. provide a budget for purchasing this Room 3000, Atlanta, Georgia 30341– equipment. You should also include a If your materials are bound, they will not be copied for the reviewer. The 4146. budget for the type and number of staff Application Deadline: August 7, 2000. you will need to successfully put into following is a list of additional Your application will be accepted, if place your proposed activities. The materials: it has a postmark of August 7, 2000 that following information and questions 1. A description of funds you receive is from the U.S. Postal Service or a will help you in writing this part of the from any other source to support your commercial carrier (no private meters application. HIV/AIDS programs and other similar will be accepted) and arrives in time to 1. What are your budget and staffing programs that target the same be given to the independent review needs? This answer should provide the population included in your proposed group. specifics of how you plan to spend plan. You must include: (a) The name Late Applications: Applications that funds. For example, how much funding of the organization/source of income, are not received on time, that do not is needed to provide services to the the amount of funding they give you, a have a readable postmark, have a target population, how much is needed very brief description of how you use postmark from a private meter machine, to operate your organization (staff, the funds, and the budget and project or arrive too late to be included in the supplies), how much is needed for period and (b) information that tells us independent review, will be considered contracting with other organizations. that the funds you are requesting late, will not be reviewed, and will be through this program announcement Note: CDC may not approve or fund all returned to the applicant. proposed activities. Give as much detail as will not be used to replace funds To help CDC in the review process, possible to support each budget item. List received from any other Federal or non- we ask that you send to us by July 7, each cost separately when possible. Federal source. either through electronic mail, fax, or 2. If you are contracting with other Note: CDC-awarded funds can be used to the U.S. Post Office a statement of your organizations or are applying as a expand or enhance services supported with intent to apply for funding. Your other Federal or non-Federal funds. coalition, you must include in the statement should include your budget the type and name (if known) of 2. Independent audit statements from organization’s name, address, and the organization(s); how you chose the a certified public accountant for the past telephone and fax numbers. This organization(s); what activities they will 2 years (1998, 1999). If not audits, statement is only to let CDC know of do; why they are the best ones to do please provide completed IRS Form your interest in applying. It is not a these activities; a detailed list of the 990s for the last 2 years. commitment. Please send this funds you think you will need to pay 3. If you are part of a national information to the Project Officer and the organization(s); why and how long organization, please include an original, Grants Management Specialist listed in you will use their services; and how you signed letter from the chief executive the Program/Business Assistance will keep track of what they are doing officer of the national organization that section below. Submitting this for you. states that they understand this program information is not a requirement, but 3. Provide a description for each job, announcement and the responsibilities will help CDC make sure we have including job title, function, general you will have if you are chosen for enough and the most qualified duties, and activities; the rate of pay and funding. reviewers for this announcement. 4. If you are working with other whether it is hourly or salary; and the G. Evaluation Criteria level of effort and how much time will organizations (for example, community- be spent on the activities (give this in a based or referral), you must include a How Will My Application Be Scored? percentage, for example, 50% of time memorandum of understanding or Your application will not be spent on evaluation). Also, if you agreement or a letter to show that the compared to other applications. It will already know names and titles of relationship is accepted by both only be reviewed based on the persons you will be working with, organizations. This memorandum or information contained in section E. include this information and a resume, letter should give details about the What Do I Include in My Application if available. If you don’t have names yet, activities you propose to do with the and How Should It Look? This will be tell us how you plan to recruit these organization. This must be submitted done by an independent review group persons. For positions that are each year to show that you are still that is chosen by CDC. Before final voluntary, give a description of the work working with the organization. award decisions are made, CDC may the volunteers will be doing. Also F. Submission and Deadline make general site visits to those CBOs include the experience and training that who rank high on the initial scoring to is available in relation to the proposed How Do I Submit My Application and look at your program, business project. When Is It Due? management, or fiscal capabilities. CDC 4. If you ask for indirect costs, you You must send to us the original and may also check with the health must include a copy of your two (2) copies of PHS 5161 (OMB department and your organization’s organization’s current agreement Number 0937–0189). Forms are board of directors to find out more about

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39910 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices your organizational structure and the with a copy of the program This information is also posted on the availability of needed services and announcement that is in an easy-to-use Division of HIV/AIDS Prevention support. format, includes the necessary forms, (DHAP) website at: and has additional information to help Technical Reporting Requirements http://www.cdc.gov/hiv/funding.htm you through the process. For example, If you are selected for funding, you CDC has available a sample application Forms in both PDF and word must let CDC know how you are doing to help guide you in writing your own processing files are available at the CDC by sending to us an original plus two (2) proposal. Also, the following Procurement and Grants Office website: copies of: publications will help you write your 1. Quarterly progress reports, no later application. http://www.cdc.gov/od/pgo/funding/ funding.htm#HIV than 30 days after the end of each 3- CDC Report of the NIH Panel to month period; Define Principles of Therapy of HIV 2. A financial status report, no later CDC also maintains a Listserv (HIV- Infection and Guidelines for the Use of PREV) related to this program than 90 days after the end of each Antiretroviral Agents in HIV-Infected budget period; announcement. If you decide to Adults and Adolescents. MMWR subscribe to the HIV-PREV Listserv, you 3. Final financial report and 1998;47 (No.RR–5) performance report, no later than 90 will be able to send questions and days after the end of the project period; www.cdc.gov/hiv/pubs/mmwr/ receive an answer and information and mmwr1998.htm through e-mail, including the latest 4. Reports on the numbers of HIV HIV Counseling, Testing and Referral: news about the program announcement. antibody counseling, testing, and Standards & Guidelines. Those questions asked most often will referral activities you have done. Centers for Disease Control and be posted to the DHAP Website. You Note: Send all reports to the Grants Prevention. U.S. Department of Health can subscribe to the Listserv on-line or Management Specialist identified in section and Human Services. Atlanta, GA; 1994. via e-mail by sending a message to: I. Where Can I Get More Information. [email protected] and writing the www.cdc.gov/hiv/pubs/hivctsrg.pdf H. Other Requirements following in the body of the message: HIV Partner Counseling and Referral subscribe hiv-prev first name last name What Else Do I Have to Do? Services. Guidance. Centers for Disease (for example, subscribe hiv-prev john The following are additional Control and Prevention. U.S. smith). Department of Health and Human requirements that must be met if For Program Technical Assistance: Services. Atlanta, Georgia; December awarded a cooperative agreement under Contact: Ted Pestorius, Centers for 1998. this announcement: Disease Control and Prevention, AR–4 HIV/AIDS Confidentiality http://www.cdc.gov/hiv/pubs/pcrs.htm National Center for HIV, STD, and TB Provisions Public Health Service Guidelines for Prevention, Division of HIV/AIDS AR–5 HIV Program Review Panel Counseling and Antibody Testing to Prevention, Community Assistance, Requirements Prevent HIV Infection and AIDS. Planning, and National Partnerships AR–7 Executive Order 12372 Review Centers for Disease Control and Branch, 1600 Clifton Road, MS–E58, AR–8 Public Health System Reporting Prevention. MMWR 1987, August Atlanta, Georgia 30333, Telephone (404) Requirements AR–9 Paperwork Reduction Act 14;36:509–15. 639–5215, E-mail: [email protected] Requirements www.cdc.gov/epo/mmwr/preview/ For Business Questions: Contact: AR–10 Smoke-Free Workplace mmwrhtml/00015088.htm Belinda Hammond, Centers for Disease Requirements Quality Assurance of HIV Prevention Control and Prevention, Procurement AR–11 Healthy People 2010 Counseling in a Multi-Center and Grants Office, Grants Management AR–12 Lobbying Restrictions Randomized Controlled Trial. Kamb Branch, Program Announcement 00100, AR–14 Accounting System ML, Dillon BA, Fishbein M, Willis KL. 2920 Brandywine Road, Room 3000, Requirements Public Health Reports 1996;111(S1):99– MS–E15, Atlanta, GA 30341–4146, For more details on these 107. Telephone (770) 488–2738, E-mail: requirements, please contact the Grants Recommendations for HIV Testing [email protected], DHAP Internet Management Specialist listed in the Services for Inpatients and Outpatients address: www.cdc.gov/hiv contact section of this announcement. in Acute-Care Hospital Settings. Centers Dated: June 22, 2000. I. Authority and Catalog of Federal for Disease Control and Prevention. John L. Williams, Domestic Assistance Number 1993. MMWR Recommendations and Director, Procurement and Grants Office, This program is authorized under Reports. U.S. Department of Health and Human Services, Atlanta, GA; Vol. 42, Centers for Disease Control and Prevention Sections 301(a) and 317 of the Public (CDC). No. RR–2, January 15, 1993. Health Service Act, 42 U.S.C. 241(a) and [FR Doc. 00–16280 Filed 6–27–00; 8:45 am] www.cdc.gov/hiv/pubs/mmwr/ 247(b) as amended. The Catalog of BILLING CODE 4163±18±P Federal Domestic Assistance Number is mmwr1993.htm 93.939, HIV Prevention Activities— To request this easier-to-use version Non-Governmental Organization Based. and additional written information, call J. Where To Obtain Additional The National Prevention Information Information Network (NPIN) at 1–800–458–5231 (TTY users: 1–800–243–7012) or visit Where Can I Get More Information? their web site: www.cdcnpin.org/ CDC strongly suggests that you program or you can send requests by fax supplement this program announcement to 1–888–282–7681 or e-mail to as it appears in the Federal Register, [email protected]

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39914 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices other countries. The most common concern above) written or electronic comments or other forms of information is how an adequate level of safety can be on the guidance entitled ‘‘Importation of technology. verified. PMO Defined Dairy Products (M–I–00– Proposed Project: AIDS Drug Assistance Under current Federal law and regulation, 4)’’ at any time. Two copies of written FDA can only take action on imported food Program (ADAP): ADAP Monthly Client comments are to be submitted, except products based on a violation of the Federal Utilization and Program Expenditures that individuals may submit one copy. Food, Drug, and Cosmetic Act (FFDCA). Report (OMB No. 0915–0219)—Revision Importation of milk products without Comments are to be identified with the adhering to any of the three options docket number found in brackets in the State AIDS Drug Assistance Programs described above, is NOT, in and of itself, a heading of this document. A copy of the (ADAPs), funded under Title II of the violation of the FFDCA.1 guidance and written and electronic Ryan White Comprehensive AIDS Based on the 1977 MOU, milk protection comments are available for public Resources Emergency (CARE) Act measures in the United States have been set examination in the Dockets Amendments of 1996 [Pub. L. 104–146], by the combined efforts of FDA and the are designed to provide low income, States under the NCIMS milk safety program. Management Branch between 9 a.m. and Under this program the States must adopt 4 p.m., Monday through Friday. uninsured, and underinsured as law and enforce the provisions of the PMO individuals with access to HIV/AIDS as specified in the ‘‘Procedures’’. Their III. Electronic Access medications that prevent serious collective actions are intended to insure that Persons with access to the Internet deterioration of health arising from HIV milk marketed in the United States meets the may obtain copies of the guidance disease, including the prevention and U.S. appropriate level of protection. entitled ‘‘Importation of PMO Defined treatment of opportunistic infections. FDA works with the States to verify that Dairy Products (M–I–00–4)’’ at http:// During the last several years, there has the U.S. level of protection is met under www.cfsan.fda.gov. been an increasing need for authority of the Public Health Service Act (42 pharmaceuticals among uninsured and U.S.C.). Under this act FDA has a broad Dated: June 19, 2000. underinsured low-income individuals mandate to assist States technically and to Margaret M. Dotzel, evaluate their performance under the who are HIV positive or diagnosed with Associate Commissioner for Policy. ‘‘Procedures’’. However, current regulations AIDS. Due to the increasing demand, promulgated under this act do not provide an [FR Doc. 00–16292 Filed 6–28–00; 8:45 am] the Division of Service Systems (DSS), adequate base for direct FDA enforcement of BILLING CODE 4160±01±F Health Resources and Services the PMO. Administration (HRSA) recognizes the If the U.S. level of protection, as currently importance of program planning and met by consistent State enforcement of the DEPARTMENT OF HEALTH AND budget forecasting in order to maximize PMO, is to continue to be met, it must be HUMAN SERVICES accomplished by States continuing to resources, and proposes to revise the current data collection form to better collectively require this level of protection. Health Resources and Services collect relevant client utilization data Under U.S. trade agreements products Administration imported from another country must be and program expenditure information treated by States and by FDA, no less Agency Information Collection from State ADAPs. This data collection favorably than those products imported from effort is designed to allow DSS/HRSA another State. Activities: Proposed Collection: Comment Request (the funding agency) to monitor The three options in this memorandum can nationwide trends in program growth, be used by States to assure that the same In compliance with the requirement level of safety for ‘‘Grade A’’ defined client utilization, expenditures and to products is achieved for products produced for opportunity for public comment on assess the capacity of State ADAPs to in other countries. proposed data collection projects maintain services for clients throughout In order for the agency to function within (section 3506(c)(2)(A) of Title 44, United the fiscal year. The revised form will the provisions of the MOU and fulfill its food States Code, as amended by the improve DSS/HRSA’s ability to track the safety responsibility, FDA will note, in State Paperwork Reduction Act of 1995, Pub. prices of HIV/AIDS drugs in order to program evaluations, if a State is not L. 104–13), the Health Resources and ensure that State ADAPs are receiving requiring the NCIMS ‘‘Grade A’’ level of Services Administration (HRSA) the best price possible, to identify protection in interstate or international commerce. publishes periodic summaries of emerging issues and technical assistance If after a reasonable opportunity to correct proposed projects being developed for needs, and to share information among this situation, a State still does not provide submission to OMB under the State ADAPs. It will also assist Title II their citizens with this level of protection, Paperwork Reduction Act of 1995. To grantees, State ADAPs, DSS/HRSA staff, FDA may declare that the State is not in request more information on the and policymakers at both the Federal substantial compliance under the proposed project or to obtain a copy of and State level to better understand the ‘‘Procedures * * *’’ the data collection plans and draft level of client demand for medications Copies of this memorandum are enclosed for your distribution to District Milk instruments, call the HRSA Reports and the resources needed to meet those Specialists, State milk regulatory agencies, Clearance Officer on (301) 443–1129. needs. State Laboratory Evaluation Officers and Comments are invited on: (a) Whether The revised report will collect time- State Milk Rating Officers in your region. the proposed collection of information specific data for the number of enrolled This memorandum is also available on the is necessary for the proper performance clients, the number of new clients, the FDA Prime Connection Computer bulletin of the functions of the agency, including number of utilizing clients, the level of board system (Internet address: http:// whether the information shall have funds expended, and the price of HIV/ www.cfsan.fda.gov), and should be widely practical utility; (b) the accuracy of the AIDS drugs. A text box is provided to distributed to representatives of the dairy agency’s estimate of the burden of the allow State ADAPs to report significant industry and other interested parties. /S/’’ proposed collection of information; (c) changes to their program, such as a II. Comments ways to enhance the quality, utility, and projected budget shortfall, program Interested persons may submit to the clarity of the information to be restrictions, client waiting lists, a Dockets Management Branch (address collected; and (d) ways to minimize the change in eligibility criteria, or burden of the collection of information formulary changes. On a quarterly basis, 1 Milk or cream may also need a permit under the on respondents, including through the State ADAPs will report the purchase provisions of the Federal Import Milk Act. use of automated collection techniques price paid on a select number of HIV

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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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The majority of the preserve loss of coastal sage scrub, imposed as Impact Report for Federal and State could be outside of the City of Carlsbad Actions Associated With the Coachella part of the Natural Community in portions of northern San Diego Conservation Planning Program and the Valley Multiple Species Habitat County that are less developed than special rule for the gnatcatcher, would Conservation Plan/Natural Carlsbad. The preserve would include, be replaced by the conditions of the Communities Conservation Plan permit and the Implementation at a minimum, the following upland habitat types: coastal sage scrub (3,315 AGENCY: Fish and Wildlife Service, Agreement. Carlsbad would then Interior (Lead Agency). exercise its land-use review and to 5,342 acres), southern mixed/chamise COOPERATING AGENCIES: approval powers in accordance with the chaparral (968 acres), southern maritime Bureau of Land Implementation Agreement to chaparral (666 acres), oak woodland (79 Management, Interior; National Park implement the Habitat Management acres), and grassland (1,127 acres). Service, Interior; Forest Service, Plan and assemble its preserve. The City Agriculture; California Resources Under the No Action Alternative, the Agency; California Department of Fish would amend its zoning regulations to Service would not issue a permit and reflect the preserve boundaries and to and Game; California Department of the City of Carlsbad would not Parks and Recreation; and Coachella achieve consistency with the Plan. In implement its Habitat Management addition, the Habitat Management Plan Valley Association of Governments. Plan. Projects would either be designed ACTION: Notice of intent; notice of public includes guidelines for compatible land to avoid take of listed species or project uses in and adjacent to the preserve. meeting. proponents would apply for individual The City would incorporate these permits under section 10(a)(1)(B) of the SUMMARY: The Fish and Wildlife Service guidelines into its General Plan, zoning and cooperating agencies are gathering regulations, and approval process for Act. Existing hardline open space would information necessary for the projects, including adoption of remain protected and approved habitat preparation of an Environmental Impact appropriate mitigation guidelines. conservation plans would be Our Environmental Assessment implemented. Under this alternative, we Statement/Environmental Impact Report considers the proposed action and three estimate that 3,850 acres of habitat (Impact Statement/Report). This Impact alternatives: the Habitat Management would be conserved. Statement/Report will consider the actions of Federal, State, and local Plan as proposed; an Expanded Preserve This notice is provided pursuant to System Alternative; an Offsite Regional agencies, as well as private interests, section 10(a) of the Endangered Species associated with implementation of the Conservation Alternative; and a No Act and regulations for implementing Action Alternative. Under the Expanded Coachella Valley Multiple Species the National Environmental Policy Act Habitat Conservation Plan/Natural Preserve System Alternative, the Service of 1969 (40 CFR 1506.6). We will would issue a permit that would Communities Conservation evaluate the permit application, authorize incidental take of 47 species Plan(Multispecies Plan) and the Environmental Assessment, associated in the plan area. The City of Carlsbad issuance of incidental take permits would require project-level impact documents, and comments submitted pursuant to section 10(a)(1)(B) of the avoidance and minimization measures. thereon to determine whether the Federal Endangered Species Act of The expanded preserve of 7,310 acres application meets the requirements of 1973, as amended, and section 2081 of would conserve all extant natural section 10(a) of the Endangered Species the California Endangered Species Act. habitats in biological core and linkage Act. If we determine that the The Impact Statement/Report also will areas identified during the preserve requirements are met, we will issue a consider the Bureau of Land planning process. The acquisition of permit for the incidental take of the 47 Management’s proposed amendment of lands within the core gnatcatcher areas species covered by the Habitat the California Desert Conservation Plan would be limited to the 240 acres Management Plan. We will make a to conform with the Multispecies Plan. required as part of the approval of the decision on permit issuance no sooner In addition, the Impact Statement/ Fieldstone-La Costa Habitat than 30 days from the date of this Report will consider any other actions Conservation Plan. The conserved notice. by other Federal or State agencies that habitat would include, at a minimum, are necessary or appropriate to the following habitat types: coastal sage Dated: June 20, 2000. implement the Multispecies Plan. scrub (2,991 acres), southern mixed/ Elizabeth H. Stevens, We encourage interested persons to chamise chaparral (887 acres), southern Deputy Manager, Region 1, California/Nevada attend public meetings to identify and maritime chaparral (431 acres), oak Operations Office, Sacramento, California. discuss the scope of issues and woodland (29 acres), riparian (518 [FR Doc. 00–16281 Filed 6–27–00; 8:45 am] alternatives that should be addressed in acres), coastal salt/freshwater marsh BILLING CODE 4310±55±P the Multispecies Plan and in the Impact (1,183 acres), and grassland (1,271 Statement/Report. We provide this acres). notice pursuant to the Council on Under the Offsite Regional Environmental Quality regulations for Conservation Alternative, the Service implementing the procedural provisions also would issue a permit for incidental of the National Environmental Policy take of 47 species. The City of Carlsbad Act (40 CFR 1501.7 and 1508.22). would preserve 7,901 to 9,928 acres of DATES: We must receive your written habitat through the management of comments by July 28, 2000. See already preserved lands within the City, SUPPLEMENTARY INFORMATION section for implementation of project-level impact meeting dates and locations.

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39924 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices fine not to exceed $100,000 and/or ADDRESSES: The meeting will be at the SUPPLEMENTARY INFORMATION: The Office imprisonment not to exceed twelve Radisson Hotel, 500 Leisure Lane, of Management and Budget (OMB) months. Sacramento, California 95815. regulations at 5 CFR 1320, which DATES: The supplemental rule will take Telephone 916/922–2020 (FAX 916/ implement provisions of the Paperwork effect at midnight, August 1, 2000. 920–7312). Reduction Act of 1995 (Pub. L. 104–13), SUPPLEMENTARY INFORMATION: This FOR FURTHER INFORMATION CONTACT: Mr. require that interested members of the supplemental rule was proposed to Russell P. Smith, Chief, Environmental public and affected agencies have an create a safer environment for residents and Natural Resource Division, opportunity to comment on information living in northwestern Wonder Valley. Northern California Area Office, 1639 collection and recordkeeping activities Residents have complained that rounds Shasta Dam Boulevard, Shasta Lake, (see 5 CFR 1320.8 (d)). This notice from gunfire originating on public land California 96019. Telephone: 530/275– identifies information collections that has either caused property damage or 1554 (TDD 530/450–6000). OSM will be submitting to OMB for nearly caused human injury. During a SUPPLEMENTARY INFORMATION: The extension. These collections are sixty-day comment period and an open Trinity River Basin Fish and Wildlife contained in 30 CFR 700, General. house, many legitimate concerns Task Force will meet to formulate and OSM has revised burden estimates, regarding shooting in Wonder Valley implement the ongoing Trinity River where appropriate, to reflect current surfaced. Comments received spanned watershed ecosystem management the gamut between closing all of program for fish and wildlife. This reporting levels or adjustments based on Wonder Valley to all shooting and program considers the needs of multiple reestimates of burden or respondents. taking no action. Consensus was, that by species and their interactions with OSM will request a 3-year term of closing the 640-acres surrounding the physical habitats in restoring the natural approval for each information collection Valle Vista uncontrolled shooting area function, structure, and species activity. in northwest Wonder Valley to shooting, composition of the ecosystem, Comments are invited on: (1) The the safety concerns of nearby citizens recognizing that all components are need for the collection of information could be met while allowing interrelated. for the performance of the functions of recreational shooting to continue in Dated: June 19, 2000. the agency; (2) the accuracy of the other portions of Wonder Valley. The Lester A. Snow, agency’s burden estimates; (3) ways to user group for the Valle Vista site will Regional Director. enhance the quality, utility and clarity be redirected to controlled ranges or [FR Doc. 00–16285 Filed 6–27–00; 8:45 am] of the information collection; and (4) dispersed to contiguous blocks of public BILLING CODE 4310±MN±U ways to minimize the information land on the fringes of Wonder Valley. collection burden on respondents, such This supplemental rule will not infringe as use of automated means of collection upon Constitutional rights of an DEPARTMENT OF THE INTERIOR of the information. A summary of the individual to own or possess a lawful public comments will accompany firearm. The environmental effects of Office of Surface Mining Reclamation OSM’s submission of the information the suppelemntal rule have been and Enforcement analyzed separately by Environmental collection request to OMB. Assessment CA–680–00–29. Notice of Proposed Information This notice provides the public with FOR ADDITIONAL INFORMATION CONTACT: Collection 60 days in which to comment on the following information collection BLM Barstow Field Office, 2601 AGENCY: Office of Surface Mining activity: Barstow Road, Barstow, CA 92231, Reclamation and Enforcement. telephone (760) 252–6000 ACTION: Notice and request for Title: General, 30 CFR Part 700. Tim Read, comments. OMB Control Number: 1029–0094. Field Manager. SUMMARY: In compliance with the Summary: This Part establishes [FR Doc. 00–16145 Filed 6–27–00; 8:45 am] Paperwork Reduction Act of 1995, the procedures and requirements for BILLING CODE 4310±40±M Office of Surface Mining Reclamation terminating jurisdiction of surface coal and Enforcement (OSM) is announcing mining and reclamation operations, petitions for rulemaking, and citizen DEPARTMENT OF THE INTERIOR its intention to request approval for the collection of information for the general suits filed under the Surface Mining Trinity River Basin Fish and Wildlife provisions at 30 CFR Part 700. Control and Reclamation Act of 1977. Task Force DATES: Comments on the proposed Bureau Form Number: None. information collection must be received AGENCY: Frequency of Collection: Once. Bureau of Reclamation by August 28, 2000, to be assured of (Reclamation), Department of the consideration. Description of Respondents: State and Interior. tribal regulatory authorities, private ADDRESSES: Comments may be mailed to ACTION: Notice of public meeting. citizens and citizen groups, and surface John A. Trelease, Office of Surface coal mining companies. SUMMARY: In accordance with section Mining Reclamation and Enforcement, 10(a)(2) of the Federal Advisory 1951 Constitution Ave, NW., Room 210– Total Annual Responses: 6. Committee Act (Pub. L. 92–463), SIB, Washington, DC 20240. Comments Total Annual Burden Hours: 12. announcement is made of a meeting of may also be submitted electronically to the Trinity River Basin Fish and [email protected]. Dated: June 22, 2000. Wildlife Task Force. FOR FURTHER INFORMATION CONTACT: To Richard G. Bryson, DATES: The meeting will be held on request a copy of the information Chief, Division of Regulatory Support. Thursday, July 20, 2000, 1:00 p.m. to collection request, explanatory [FR Doc. 00–16286 Filed 6–27–00; 8:45 am] 5:00 p.m. and Friday, July 21, 8:00 a.m. information and related forms, contact BILLING CODE 4310±05±M to 12:00 p.m. John A. Trelease, at (202) 208–2783.

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39946 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices recognition, in addition to those already DEPARTMENT OF LABOR additional test standards. TUV also required by 29 CFR 1910.7: submitted information in support of its Occupational Safety and Health Within 30 days of certifying its first request with a letter, dated July 6, 1999 Administration products under the NRTL Program, NSF (see Exhibit 19B). In this submission, TUV also requested recognition for an will notify the OSHA NRTL Program [Docket No. NRTL±3±92] additional 5 standards, bringing the Director so that OSHA may review total requested for the expansion to 144. NSF’s implementation of procedures for TUV Rheinland of North America, Inc., Expansion of Recognition The NRTL Program staff determined testing and follow-up inspections of that 29 of the 144 standards were not products covered within the scope of AGENCY: Occupational Safety and Health ‘‘appropriate test standards,’’ within the the above-listed test standards. Administration (OSHA), Labor. meaning of 29 CFR 1910.7(c). The staff OSHA must be allowed access to the ACTION: Notice. makes such determinations in NSF facilities and records for purposes processing expansion requests from any of ascertaining continuing compliance SUMMARY: This notice announces the NRTL. Therefore, OSHA approved 115 with the terms of its recognition and to Agency’s final decision on the test standards for the expansion. The investigate as OSHA deems necessary; application of TUV Rheinland of North staff temporarily withheld its America, Inc., (TUV) for expansion of its consideration of TUV’s expansion If NSF has reason to doubt the recognition as a Nationally Recognized request due to findings noted during a efficacy of any test standard it is using Testing Laboratory (NRTL) under 29 review of TUV’s site. TUV has provided under this program, it must promptly CFR 1910.7. Four standards are granted documentation to OSHA to resolve the inform the organization that developed interim approval subject to review. issues raised by the review. Although the test standard of this fact and provide EFFECTIVE DATE: This recognition the NRTL Program staff has accepted the that organization with appropriate becomes effective on June 28, 2000. NRTL’s resolution, we include a relevant information upon which its And, unless modified in accordance condition below related to this concerns are based; with 29 CFR 1910.7, continues in effect resolution. We also include a condition NSF must not engage in or permit while TUV remains recognized by related to the documentation TUV others to engage in any OSHA as an NRTL. submitted in support of its expansion misrepresentation of the scope or FOR FURTHER INFORMATION CONTACT: request. OSHA published the required notice conditions of its recognition. As part of Bernard Pasquet, Office of Technical in the Federal Register (65 FR 11345, Programs and Coordination Activities, this condition, NSF agrees that it will 03/02/2000) to announce the TUV NRTL Program, Occupational Safety and allow no representation that it is either expansion request. The notice included Health Administration, U.S. Department a recognized or an accredited Nationally a preliminary finding that TUV could of Labor, 200 Constitution Avenue, NW, Recognized Testing Laboratory (NRTL) meet the requirements for expansion of Room N3653, Washington, DC 20210, or without clearly indicating the specific its recognition, subject to certain phone (202) 693–2110. equipment or material to which this conditions, and OSHA invited public recognition is tied, or that its SUPPLEMENTARY INFORMATION: comment on the application by May 1, recognition is limited to certain Notice of Final Decision 2000. OSHA received no comments products; concerning this application. The Occupational Safety and Health The preliminary notice listed 119 test NSF must inform OSHA as soon as Administration (OSHA) hereby gives possible, in writing, of any change of standards, four of which TUV had not notice of the expansion of recognition of requested and OSHA had not approved ownership, facilities, or key personnel, TUV Rheinland of North America, Inc., for TUV: UL 443, UL 444, UL 448, and and of any major changes in its (TUV) , as a Nationally Recognized UL 452. We exclude these standards operations as an NRTL, including Testing Laboratory (NRTL). TUV’s from this final notice. However, as details; expansion request covers the use of the explained below, we include four other NSF will continue to meet all the additional test standards listed below. test standards in the list, bringing the terms of its recognition and will always OSHA recognition of an NRTL total number of standards approved for comply with all OSHA policies signifies that the organization has met the expansion to 119. pertaining to this recognition; the legal requirements in Section 1910.7 In processing TUV’s request, OSHA of Title 29, Code of Federal Regulations NSF will continue to meet the performed an on-site assessment (29 CFR 1910.7). Recognition is an (review) of TUV’s facility in Newtown, requirements for recognition in all areas acknowledgment that the organization Connecticut, on July 12–14, 1999. In the where it has been recognized; and can perform independent safety testing final report of the on-site review (see NSF will always cooperate with and certification of the specific products Exhibit 20), the assessor recommended OSHA to assure compliance with the covered within its scope of recognition the expansion for the additional test spirit as well as the letter of its and is not a delegation or grant of standards. recognition and 29 CFR 1910.7. government authority. As a result of The most recent notices published by recognition, OSHA can accept products Signed at Washington, D.C. this 20th day OSHA for the TUV recognition covered ‘‘properly certified’’ by the NRTL. of June, 2000. an expansion of recognition, which OSHA processes applications related to OSHA announced on January 8, 1998 Charles N. Jeffress, an NRTL’s recognition following (63 FR 1127) and granted on April 2, Assistant Secretary. requirements in Appendix A to 29 CFR 1998 (63 FR 16280). [FR Doc. 00–16319 Filed 6–27–00; 8:45 am] 1910.7. This appendix requires that the You may obtain or review copies of BILLING CODE 4510±26±P Agency publish this public notice of its all public documents pertaining to the final decision on an application. application by contacting the Docket TUV submitted a request, dated May Office, Occupational Safety and Health 5, 1999 (see Exhibit 19A), to expand its Administration, U.S. Department of recognition as an NRTL for 139 Labor, 200 Constitution Avenue, NW,

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39950 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices final report of the on-site review (see materials (products) for which OSHA UL 510 Insulating Tape Exhibit 16), the assessor recommended standards require third party testing and UL 512 Fuseholders the renewal of Wyle’s recognition. certification before use in the UL 539 Single and Multiple Station The most recent notice that OSHA workplace. As a result, OSHA’s Heat Detectors published for Wyle’s recognition recognition of an NRTL for a test UL 541 Refrigerated Vending Machines concerned the removal of the condition standard excludes any product(s), UL 544 Electric Medical and Dental mentioned above. A chronology of the falling within the scope of the test Equipment previous notices that OSHA published standard, for which OSHA has no such UL 626 21⁄2 Gallon Stored-Pressure for Wyle is as follows: an expansion of requirements. Water-Type Fire Extinguishers recognition for additional test standards UL 8 Foam Fire Extinguishers UL 698 Industrial Control Equipment and programs, which OSHA announced UL 20 General-Use Snap Switches for Use in Hazardous (Classified) on July 12, 1996 (61 FR 36764) and UL 22 Amusement and Gaming Locations granted on November 20, 1996 (61 FR Machines UL 711 Rating and Fire Testing of Fire 59115); and Wyle’s initial recognition, UL 44 Rubber-Insulated Wires and Extinguishers which OSHA announced on January 6, Cables UL 745–1 Portable Electric Tools UL 745–2–1 Particular Requirements of 1994 (59 FR 783) and granted as UL 45 Portable Electric Tools Drills specified above. The renewal would UL 48 Electric Signs UL 745–2–2 Particular Requirements for incorporate all recognitions granted to UL 62 Flexible Cord and Fixture Wire Screwdrivers and Impact Wrenches Wyle through the date of publication of UL 65 Wired Cabinets UL 745–2–3 Particular Requirements for the March 6 notice of preliminary UL 67 Panelboards Grinders, Polishers, and Disk-Type finding. UL 73 Motor-Operated Appliances Sanders You may obtain or review copies of UL 83 Thermoplastic-Insulated Wires UL 745–2–4 Particular Requirements for all public documents pertaining to the and Cables Sanders application by contacting the Docket UL 92 Fire Extinguisher and Booster UL 745–2–5 Particular Requirements for Office, Occupational Safety and Health Hose Circular Saws and Circular Knives Administration, U.S. Department of UL 98 Enclosed and Dead-Front Labor, 200 Constitution Avenue, NW, UL 745–2–6 Particular Requirements for Switches Hammers Room N2625, Washington, D.C. 20210, UL 153 Portable Electric Lamps telephone: (202) 693–2350. You should UL 745–2–8 Particular Requirements for UL 154 Carbon-Dioxide Fire Shears and Nibblers refer to Docket No. NRTL–1–93, the Extinguishers permanent records of public UL 745–2–9 Particular Requirements for UL 187 X-Ray Equipment Tappers information on the Wyle recognition. UL 198B Class H Fuses The current address of the Wyle UL 745–2–11 Particular Requirements UL 198C High-Interrupting-Capacity facility recognized by OSHA is: Wyle for Reciprocating Saws Fuses, Current-Limiting Types Laboratories, 7800 Highway 20 West, UL 745–2–12 Particular Requirements UL 198D Class K Fuses P.O. Box 077777, Huntsville, Alabama for Concrete Vibrators UL 198E Class R Fuses 35807. UL 745–2–14 Particular Requirements UL 198F Plug Fuses for Planers Final Decision and Order UL 198G Fuse for Supplementary UL 745–2–17 Particular Requirements The NRTL Program staff has Overcurrent Protection for Routers and Trimmers examined Wyle’s request, the on-site UL 198H Class T Fuses UL 745–2–30 Particular Requirements review report, and other pertinent UL 198L DC Fuses for Industrial Use for Staplers information. Based upon this UL 244A Solid-State Controls for UL 745–2–31 Particular Requirements examination, OSHA finds that Wyle Appliances for Diamond Core Drills Laboratories, Inc., has met the UL 299 Dry Chemical Fire Extinguishers UL 745–2–32 Particular Requirements requirements of 29 CFR 1910.7 for UL 363 Knife Switches for Magnetic Drill Presses renewal of its recognition, listed below, UL 393 Indicating Pressure Gauges for UL 745–2–33 Particular Requirements subject to the limitations and Fire-Protection Service for Portable Bandsaws conditions. Pursuant to the authority in UL 429 Electrically Operated Valves UL 745–2–34 Particular Requirements 29 CFR 1910.7, OSHA hereby renews UL 444 Communications Cables for Strapping Tools the recognition of Wyle, subject to these UL 466 Electric Scales UL 745–2–35 Particular Requirements limitations and conditions. UL 467 Grounding and Bonding for Drain Cleaners Equipment UL 745–2–36 Particular Requirements Limitations UL 484 Room Air Conditioners for Hand Motor Tools OSHA hereby renews the recognition UL 486B Wire Connectors for Use With UL 745–2–37 Particular Requirements of Wyle for testing and certification of Aluminum Conductors for Plate Jointers products to demonstrate conformance to UL 486C Splicing Wire Connectors UL 796 Printed-Wiring Boards the 139 additional test standards listed UL 486D Insulated Wire Connectors for UL 813 Commercial Audio Equipment below. The NRTL Program staff has Use With Underground Conductors UL 817 Cord Sets and Power-Supply determined that each test standard UL 489 Molded-Case Circuit Breakers Cords meets the requirements for an and Circuit-Breaker Enclosures UL 845 Motor Control Centers appropriate test standard, within the UL 497A Secondary Protectors for UL 854 Service-Entrance Cables meaning of 29 CFR 1910.7(c). The staff Communication Circuits UL 863 Time-Indicating and -Recording makes such determinations in UL 498 Attachment Plugs and Appliances processing applications requests from Receptacles UL 877 Circuit Breakers and Circuit- any NRTL. UL 499 Electric Heating Appliances Breaker Enclosure for Use in The Agency’s recognition of Wyle, or UL 506 Specialty Transformers Hazardous (Classified) Locations any NRTL, for a particular test standard UL 507 Electric Fans UL 894 Switches for Use in Hazardous is always limited to equipment or UL 508 Industrial Control Equipment (Classified) Locations

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39952 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices under this program, it must promptly Establishing Prior Creditable Coverage, DEPARTMENT OF LABOR inform the organization that developed have been approved by the Office of the test standard of this fact and provide Management and Budget (OMB) under Pension and Welfare Benefits that organization with appropriate the Paperwork Reduction Act of 1995. Administration relevant information upon which its This notice announces the OMB Agency Information Collection concerns are based; approval numbers and expiration dates. Wyle must not engage in or permit Activities; Announcement of OMB others to engage in any FOR FURTHER INFORMATION CONTACT: Approval Address requests for copies of the misrepresentation of the scope or AGENCY: Pension and Welfare Benefits conditions of its recognition. As part of information collection requests (ICRs) to Administration, Department of Labor. Gerald B. Lindrew, U.S. Department of this condition, Wyle agrees that it will ACTION: Notice. allow no representation that it is either Labor, Pension and Welfare Benefits a recognized or an accredited Nationally Administration, 200 Constitution SUMMARY: The Pension and Welfare Recognized Testing Laboratory (NRTL) Avenue, NW. Room N–5647, Benefits Administration (PWBA) is without clearly indicating the specific Washington, DC, 20210. Telephone: announcing that collections of equipment or material to which this (202) 219–4782. This is not a toll-free information included in its Regulation- recognition is tied, or that its number. Definition of ‘‘Plan Assets’’—Participant recognition is limited to certain Contributions and its Prohibited products; SUPPLEMENTARY INFORMATION: In the Transaction Exemptions 78–6, 91–38, Wyle must inform OSHA as soon as Federal Register of December 28, 1999 76–1 and 77–10, 90–1, and 94–20 have possible, in writing, of any change of (64 FR 72696), the Agency announced been approved by the Office of ownership, facilities, or key personnel, its intent to request renewal of its Management and Budget (OMB) under and of any major changes in its current OMB approval for the Notice of the Paperwork Reduction Act of 1995. operations as an NRTL, including Enrollment Rights, an information This notice announces the OMB details; collection request (ICR) included in the approval numbers and expiration dates. Wyle will continue to meet all the HIPAA interim rules. In accordance FOR FURTHER INFORMATION CONTACT: terms of its recognition and will always with the Paperwork Reduction Act of Address requests for copies of the comply with all OSHA policies 1995 (44 U.S.C. 3501–3520) (PRA 95), information collection requests (ICRs) to pertaining to this recognition; OMB has renewed its approval for the Gerald B. Lindrew, U.S. Department of Wyle will continue to meet the information collection request (ICR) Labor, Pension and Welfare Benefits requirements for recognition in all areas under OMB control number 1210–0101. Administration, 200 Constitution where it has been recognized; and The approval expires 06/30/2003. Avenue, NW. Room N–5647, Wyle will always cooperate with In the Federal Register of December Washington, DC, 20210. Telephone: OSHA to assure compliance with the 28, 1999 (64 FR 72697), the Agency (202) 219–4782. This is not a toll-free spirit as well as the letter of its announced its intent to request renewal number. recognition and 29 CFR 1910.7. of its current OMB approval for the SUPPLEMENTARY INFORMATION: In the Signed at Washington, D.C. this 20th day Notice of Pre-Existing Condition Federal Register of January 18, 2000 (65 of June, 2000. Exclusion, an ICR included in the FR 2647), the Agency announced its Charles N. Jeffress, HIPAA interim rules. In accordance intent to request renewal of its current Assistant Secretary. with PRA 95, OMB has renewed it OMB approval for the information [FR Doc. 00–16318 Filed 6–27–00; 8:45 am] approval for the ICR under OMB control collection provisions of the Regulation- BILLING CODE 4510±26±P number 1210–0101. The approval Definition of ‘‘Plan Assets’’—Participant expires 06/30/2003. Contributions (29 CFR 2510.3–102). In accordance with the Paperwork DEPARTMENT OF LABOR In the Federal Register of December 28, 1999 (64 FR 72698), the Agency Reduction Act of 1995 (44 U.S.C. 3501– 3520) (PRA 95), OMB has renewed its Pension and Welfare Benefits announced its intent to request renewal of its current OMB approval for approval for the information collection Administration request (ICR) under OMB control Establishing Creditable Coverage, an ICR number 1210–0100. The approval Agency Information Collection included in the HIPAA interim rules. In Activities; Announcement of OMB expires 05/31/2003. accordance with PRA 95, OMB has In the Federal Register of January 24, Approval renewed its approval for the ICR under 2000 (65 FR 3741), the Agency OMB control number 1210–0103. The AGENCY: Pension and Welfare Benefits announced its intent to request renewal Administration, Department of Labor. approval expires 06/30/2003. of its current OMB approval for the ACTION: Notice. Under 5 CFR 1320.5(b), an Agency information collection provisions of may not conduct or sponsor, and a Prohibited Transaction Class Exemption SUMMARY: The Pension and Welfare person is not required to respond to, a 78–6 (Transactions Involving Benefits Administration (PWBA) is collection of information unless the Collectively Bargained Multiple announcing that collections of collection of information displays a Employer Apprenticeship and Training information included in its Interim valid control number. Plans). In accordance with PRA 95, Rules for the Health Insurance OMB has renewed its approval for the Dated: June 21, 2000. Portability for Group Health Plans, the ICR under OMB control number 1210– guidance on implementation of the Gerald B. Lindrew, 0080. the approval expires 06/30/2003. Health Insurance Portability and Deputy Director, Office of Policy and In the Federal Register of January 27, Accountability Act of 1996 (HIPAA Research, Pension and Welfare Benefits 2000 (65 FR 4442), the Agency interim rules), specifically, the Notice of Administration. announced its intent to request renewal Enrollment Rights, the Notice of Pre- [FR Doc. 00–16322 Filed 6–29–00; 8:45 am] of its current OMB approval for the Existing Condition Exclusion, and BILLING CODE 4510±29±M information collection provisions of

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39954 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices pursuant to the Decommissioning with respect to this specific license Presiding Officer. A notice granting a Agreements. Under those Agreements, amendment application. In light of the hearing will be published in the Federal PASNY and Entergy Nuclear, Inc. (ENI) generic determination reflected in 10 Register and served on the parties to the are required to enter into an agreement CFR 2.1315, no public comments with hearing. whereby ENI would decommission the respect to significant hazards As an alternative to requests for plant in accordance with the considerations are being solicited, hearing and petitions to intervene, by Decommissioning Agreements. Entergy notwithstanding the general comment July 28, 2000, persons may submit Nuclear FitzPatrick, through its procedures contained in 10 CFR 50.91. written comments regarding the license authorized agent, ENO, would at all The filing of requests for hearing and transfer application, as provided for in times retain ultimate control over the petitions for leave to intervene, and 10 CFR 2.1305. The Commission will decommissioning activities of ENI and written comments with regard to the consider and, if appropriate, respond to its contractors. license transfer application, are these comments, but such comments Upon closing, all employees within discussed below. will not otherwise constitute part of the the PASNY’s Nuclear Generation By July 18, 2000, any person whose decisional record. Comments should be Department, and certain other interest may be affected by the submitted to the Secretary, U.S. Nuclear employees supporting the Nuclear Commission’s action on the application Regulatory Commission, Washington, Generation Department, will become may request a hearing, and, if not the DC 20555–0001, Attention: Rulemakings employees of ENO. No physical changes applicants, may petition for leave to and Adjudications Staff, and should cite to the FitzPatrick facility or operational intervene in a hearing proceeding on the the publication date and page number of changes are being proposed in the Commission’s action. Requests for a this Federal Register notice. application. hearing and petitions for leave to For further details with respect to this Entergy Nuclear FitzPatrick, a intervene should be filed in accordance action, see the applications dated May Delaware Corporation, is an indirect with the Commission’s rules of practice 11, 2000, and May 12, 2000, as wholly owned subsidiary of Entergy set forth in Subpart M, ‘‘Public supplemented by letters dated June 13, Corporation, and a wholly owned Notification, Availability of Documents 2000, and June 16, 2000, available for indirect subsidiary of Entergy Nuclear and Records, Hearing Requests and public inspection at the Commission’s Holding Company #1. ENO, a Delaware Procedures for Hearings on License Public Document Room, the Gelman Corporation, is an indirect wholly Transfer Applications,’’ of 10 CFR Part Building, 2120 L Street, NW., owned subsidiary of Entergy 2. In particular, such requests and Washington, DC, and accessible Corporation, and a direct wholly owned petitions must comply with the electronically through the ADAMS subsidiary of Entergy Nuclear Holding requirements set forth in 10 CFR 2.1306, Public Electronic Reading Room link at Company #2. and should address the considerations the NRC Web site (http://www.nrc.gov). The proposed amendment would contained in 10 CFR 2.1308(a). replace references to PASNY in the Untimely requests and petitions may be Dated at Rockville, Maryland this 23rd day license with references to Entergy denied, as provided in 10 CFR of June, 2000. Nuclear FitzPatrick and/or ENO, and 2.1308(b), unless good cause for failure For The Nuclear Regulatory Commission. make other necessary administrative to file on time is established. In Guy S. Vissing, changes to reflect the proposed transfer. addition, an untimely request or Senior Project Manager, Section 1, Project Pursuant to 10 CFR 50.80, no license, petition should address the factors that Directorate I, Division of Licensing Project or any right thereunder, shall be the Commission will also consider, in Management, Office of Nuclear Reactor transferred, directly or indirectly, reviewing untimely requests or Regulation. through transfer of control of the petitions, set forth in 10 CFR [FR Doc. 00–16295 Filed 6–27–00; 8:45 am] license, unless the Commission shall 2.1308(b)(1)–(2). BILLING CODE 7590±01±P give its consent in writing. The Requests for a hearing and petitions Commission will approve an for leave to intervene should be served application for the transfer of a license, upon Mr. Douglas Levanway, Wise, NUCLEAR REGULATORY if the Commission determines that the Carter, Child and Caraway, P.O. Box COMMISSION 651, Jackson, MS 39205, Phone: 601– proposed transferee is qualified to hold [Docket No. 50±286] the license, and that the transfer is 968–5524, Fax: 601–968–5519, E-mail: otherwise consistent with applicable [email protected]; Mr. Gerald Power Authority of the State of New provisions of law, regulations, and Goldstein, Asst. General Counsel, New York Indian Point Nuclear Generating orders issued by the Commission York Power Authority, 1633 Broadway, Unit No. 3; Notice of Consideration of pursuant thereto. New York, NY 10019–6756, Phone: Approval of Transfer of Facility Before issuance of the proposed 212–468–6131, Fax: 212–468–6206, E- Operating License and Conforming conforming license amendment, the mail: [email protected]; the General Amendment, and Opportunity for a Commission will have made findings Counsel, U.S. Nuclear Regulatory Hearing required by the Atomic Energy Act of Commission, Washington, DC 20555 (e- 1954, as amended (the Act), and the mail address for filings regarding license The U.S. Nuclear Regulatory Commission’s regulations. transfer cases only: [email protected]); Commission (the Commission) is As provided in 10 CFR 2.1315, unless and the Secretary of the Commission, considering the issuance of an order otherwise determined by the U.S. Nuclear Regulatory Commission, under 10 CFR 50.80 approving the Commission with regard to a specific Washington, DC 20555–0001, Attention: transfer of Facility Operating License application, the Commission has Rulemakings and Adjudications Staff, in No. DRP–64 for the Indian Point determined that any amendment to the accordance with 10 CFR 2.1313. Nuclear Generating Unit No. 3 (IP3) license of a utilization facility which The Commission will issue a notice or currently held by the Power Authority does no more than conform the license order granting or denying a hearing of the State of New York (PASNY), as to reflect the transfer action involves no request or intervention petition, owner and operator of IP3. The transfer significant hazards consideration. No designating the issues for any hearing would be to Entergy Nuclear Indian contrary determination has been made that will be held and designating the Point 3 (Entergy Nuclear IP3), the

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39955 proposed owner of IP3, and to Entergy wholly owned subsidiary of Entergy requirements set forth in 10 CFR 2.1306, Nuclear Operations, Inc. (ENO), the Nuclear Holding Company #2. and should address the considerations proposed operator of IP3. The The proposed amendment would contained in 10 CFR 2.1308(a). Commission is also considering replace references to PASNY in the Untimely requests and petitions may be amending the license for administrative license with references to Entergy denied, as provided in 10 CFR purposes to reflect the proposed Nuclear IP3 and/or ENO, and make 2.1308(b), unless good cause for failure transfer. other necessary administrative changes to file on time is established. In According to applications for to reflect the proposed transfer. addition, an untimely request or approval filed by PASNY, Entergy Pursuant to 10 CFR 50.80, no license, petition should address the factors that Nuclear IP3, and ENO, Entergy Nuclear or any right thereunder, shall be the Commission will also consider, in IP3 would assume title to the facility transferred, directly or indirectly, reviewing untimely requests or following approval of the proposed through transfer of control of the petitions, set forth in 10 CFR license transfer, and ENO would license, unless the Commission shall 2.1308(b)(1)–(2). become responsible for the operation, give its consent in writing. The Requests for a hearing and petitions and maintenance of IP3. The application Commission will approve an for leave to intervene should be served states that regulatory responsibility for application for the transfer of a license, upon Mr. Douglas Levanway, Wise, decommissioning the plant will transfer if the Commission determines that the Carter, Child and Caraway, P.O. Box to Entergy Nuclear IP3 upon transfer of proposed transferee is qualified to hold 651, Jackson, MS 39205, Phone: 601– the license and closing of transactions. the license, and that the transfer is 968–5524, Fax: 601–968–5519, E-mail: Pursuant to the Decommissioning otherwise consistent with applicable [email protected]; Mr. Gerald Agreements and subject to the monetary provisions of law, regulations, and Goldstein, Asst. General Counsel, New limits in those Agreements, PASNY will orders issued by the Commission York Power Authority, 1633 Broadway, have a contractual obligation to Entergy pursuant thereto. New York, NY 10019–6756, Phone: Before issuance of the proposed Nuclear IP3 to decommission the plant. 212–468–6131, Fax: 212–468–6206, E- conforming license amendment, the PASNY will have the option, upon mail: [email protected]; the General Commission will have made findings occurrence of certain events specified in Counsel, U.S. Nuclear Regulatory required by the Atomic Energy Act of the Decommissioning Agreements, to Commission, Washington, DC 20555 1954, as amended (the Act), and the terminate this contractual obligation. (email address for filings regarding Commission’s regulations. Upon such termination, PASNY would license transfer cases only: As provided in 10 CFR 2.1315, unless [email protected]); and the Secretary have no further contractual otherwise determined by the responsibility to Entergy Nuclear IP3 to of the Commission, U.S. Nuclear Commission with regard to a specific Regulatory Commission, Washington, decommission the plant and no further application, the Commission has involvement with the decommissioning DC 20555–0001, Attention: Rulemakings determined that any amendment to the and Adjudications Staff, in accordance process; also, the Decommissioning license of a utilization facility which with 10 CFR 2.1313. Funds must be transferred to Entergy does no more than conform the license The Commission will issue a notice or Nuclear IP3. If PASNY does not to reflect the transfer action involves no order granting or denying a hearing terminate its contractual responsibility significant hazards consideration. No request or intervention petition, before the dismantling of IP3 begins, contrary determination has been made designating the issues for any hearing PASNY’s contractual responsibility with respect to this specific license that will be held and designating the would be carried out pursuant to the amendment application. In light of the Presiding Officer. A notice granting a Decommissioning Agreements. Under generic determination reflected in 10 hearing will be published in the Federal these Agreements, PASNY and Entergy CFR 2.1315, no public comments with Register and served on the parties to the Nuclear, Inc. (ENI) are required to enter respect to significant hazards hearing. into an agreement whereby ENI would considerations are being solicited, As an alternative to requests for decommission the plant in accordance notwithstanding the general comment hearing and petitions to intervene, by with the Decommissioning Agreements. procedures contained in 10 CFR 50.91. July 28, 2000, persons may submit Entergy Nuclear IP3, through its The filing of requests for hearing and written comments regarding the license authorized agent, ENO, would, at all petitions for leave to intervene, and transfer application, as provided for in times, retain ultimate control over the written comments with regard to the 10 CFR 2.1305. The Commission will decommissioning activities of ENI and license transfer application, are consider and, if appropriate, respond to its contractors. discussed below. these comments, but such comments No physical changes to the IP3 facility By July 18, 2000, any person whose will not otherwise constitute part of the or operational changes are being interest may be affected by the decisional record. Comments should be proposed in the application. Upon Commission’s action on the application submitted to the Secretary, U.S. Nuclear closing, all employees within PASNY’s may request a hearing, and, if not the Regulatory Commission, Washington, Nuclear Generation Department, and applicants, may petition for leave to DC 20555–0001, Attention: Rulemakings certain other employees supporting the intervene in a hearing proceeding on the and Adjudications Staff, and should cite Nuclear Generation Department, will Commission’s action. Requests for a the publication date and page number of become employees of ENO. hearing and petitions for leave to this Federal Register notice. Entergy Nuclear IP3, a Delaware intervene should be filed in accordance For further details with respect to this Corporation, is an indirect wholly with the Commission’s rules of practice action, see the applications dated May owned subsidiary of Entergy set forth in Subpart M, ‘‘Public 11, 2000, and May 12, 2000, and the Corporation, and a wholly owned Notification, Availability of Documents responses to the Commission’s June 14, indirect subsidiary of Entergy Nuclear and Records, Hearing Requests and 2000, request for additional information Holding Company #1. Procedures for Hearings on License dated June 13, 2000, and June 16, 2000, ENO, a Delaware Corporation, is an Transfer Applications,’’ of 10 CFR Part available for public inspection at the indirect wholly owned subsidiary of 2. In particular, such requests and Commission’s Public Document Room, Entergy Corporation, and a direct petitions must comply with the the Gelman Building, 2120 L Street,

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39957 hearing. The petitioner must also granted based upon a balancing of conditions assumed for the analysis, the provide references to those specific factors specified in 10 CFR behavior of the fuel during the analyzed sources and documents of which the 2.714(a)(1)(i)–(v) and 2.714(d). accident, the availability and successful petitioner is aware and on which the For further details with respect to this functioning of the equipment assumed to action, see the application for operate in response to the analyzed event, petitioner intends to rely to establish and the setpoints at which these actions are those facts or expert opinion. Petitioner amendment which is available for initiated. The proposed change to must provide sufficient information to public inspection at the Commission’s methodology continues to meet applicable show that a genuine dispute exists with Public Document Room, the Gelman design and safety analyses acceptance the applicant on a material issue of law Building, 2120 L Street, NW., criteria. The topical reports associated with or fact. Contentions shall be limited to Washington, DC, and electronically the new methodologies demonstrate that the matters within the scope of the from the ADAMS Public Library integrity of the fuel will be maintained as is amendment under consideration. The component on the NRC Web site, assumed or is bounded initially in accident contention must be one which, if http://www.nrc.gov (the Electronic analyses. The proposed change does not Reading Room). affect the performance of any equipment proven, would entitle the petitioner to used to mitigate the consequences of an relief. A petitioner who fails to file such Carolina Power & Light Company, analyzed accident. As a result, no analyses a supplement which satisfies these Docket No. 50–261, H. B. Robinson assumptions are violated and there are no requirements with respect to at least one Steam Electric Plant, Unit No. 2, adverse effects on the factors that contribute contention will not be permitted to Darlington County, South Carolina to offsite or onsite dose as the result of an participate as a party. accident. The proposed change does not Those permitted to intervene become Date of amendment request: June 14, affect setpoints that initiate protective or parties to the proceeding, subject to any 2000. mitigative actions. The proposed change limitations in the order granting leave to Description of amendment request: ensures that plant structures, systems, or intervene, and have the opportunity to The requested amendment proposes to components are maintained consistent with revise Technical Specification (TS) 5.6.5 the safety analysis and licensing bases. Based participate fully in the conduct of the on this evaluation, there is no significant hearing, including the opportunity to to incorporate analytical methodologies that are used for core operating limits increase in the consequences of a previously present evidence and cross-examine analyzed event. witnesses. that have been accepted by NRC for Therefore, the proposed change does not If a hearing is requested, the referencing in licensing applications. involve any increase in the probability or Commission will make a final Basis for proposed no significant consequences of an accident previously determination on the issue of no hazards consideration determination: evaluated. significant hazards consideration. The As required by 10 CFR 50.91(a), the 2. Does the change create the possibility of final determination will serve to decide licensee has provided its analysis of the a new or different kind of accident from any when the hearing is held. issue of no significant hazards accident previously evaluated? If the final determination is that the consideration, which is presented The proposed change does not involve any amendment request involves no below: physical alteration of plant systems, structures, or components. The proposed significant hazards consideration, the Carolina Power & Light (CP&L) Company changes in methodology continue to meet Commission may issue the amendment has evaluated the proposed TS change and applicable criteria for MSLB [main steamline and make it immediately effective, has concluded that it does not involve a break] and LBLOCA [large break loss-of- notwithstanding the request for a significant hazards consideration. The coolant accident] analysis and assure that hearing. Any hearing held would take conclusion is in accordance with the criteria appropriate criteria are used in future safety place after issuance of the amendment. set forth in 10 CFR 50.92. The bases for the analyses to establish the acceptability of If the final determination is that the conclusion that the proposed change does reload batch fuel with regard to mechanical not involve a significant hazards amendment request involves a properties. The proposed change does not consideration are discussed below. involve a physical alteration of the plant significant hazards consideration, any 1. Does the change involve a significant hearing held would take place before other than allowing for fuel design in increase in the probability or consequences accordance with NRC approved the issuance of any amendment. of an accident previously evaluated? methodologies. No new or different A request for a hearing or a petition The proposed changes in a methodology equipment is being installed. No installed have been previously generically reviewed for leave to intervene must be filed with equipment is being operated in a different and approved for use by the NRC for the Secretary of the Commission, U.S. manner. There is no alteration to the determining core operating limits. Analyzed Nuclear Regulatory Commission, parameters within which the plant is events are assumed to be initiated by the normally operated or in the setpoints that Washington, DC 20555–0001, Attention: failure of plant structures, systems, or Docketing and Services Branch, or may components. The core operating limits initiate protective or mitigative actions. As a be delivered to the Commission’s Public developed in accordance with the new result no new failure modes are being Document Room, the Gelman Building, methodologies are bounded by the introduced. There are no changes in the methods governing normal plant operation, 2120 L Street, NW., Washington DC, by limitations in the NRC acceptance in its safety evaluations of the new methodologies. nor are the methods utilized to respond to the above date. A copy of the petition plant transients altered. Therefore, the should also be sent to the Office of the The topical reports associated with the new methodologies demonstrate that the integrity proposed change does not create the General Counsel, U.S. Nuclear of the fuel will be maintained during normal possibility of a new or different kind of Regulatory Commission, Washington, operations and that design requirements will accident from any accident previously DC 20555–0001, and to the attorney for continue to be met. The proposed change evaluated. the licensee. does not have a detrimental impact on the 3. Does this change involve a significant Nontimely filings of petitions for integrity of any plant structure, system, or reduction in a margin of safety? leave to intervene, amended petitions, component. The proposed change will not The margin of safety is established through supplemental petitions and/or requests alter the operation of any plant equipment, the design of the plant structures, systems, and components, through the parameters for a hearing will not be entertained or otherwise increase its failure probability. Therefore, the probability of occurrence for a within which the plant is operated, through absent a determination by the previously analyzed accident is not the establishment of the setpoints for the Commission, the presiding officer or the significantly increased. actuation of equipment relied upon to Atomic Safety and Licensing Board that The consequences of a previously analyzed respond to an event, and through margins the petition and/or request should be accident are dependent on the initial contained within the safety analyses. The

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39958 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices proposed change in the methodologies used have performed an evaluation that Nuclear Generating Station. The for MSLB and LBLOCA analyses and the use determined an operator has more than proposed changes to the technical of the generic design criteria for PWR sufficient time to perform all required actions specifications (TSs) would (1) replace [pressurized-water reactor] fuel designs does in the AEER following a design basis LOCA, reference to the President of GPU not impact the condition or performance of when directed by the station’s emergency structures, systems, setpoints, and operating procedures (EOPs), without taking Nuclear and division Vice Presidents components relied upon for accident credit for the AEER habitability system and with a GPU Nuclear Cognizant Officer, mitigation. The proposed change does not still maintain the resultant dose within the (2) replace reference to ‘‘other GPU significantly, impact any safety analysis limits of GDC 19. Nuclear personnel’’ with ‘‘other GPU assumptions or results. Therefore, the Therefore, the proposed changes will not Inc, personnel,’’ (3) replace reference to proposed change does not result in a involve a significant increase in the the ‘‘Radiation Safety Committee’’ with significant reduction in the margin of safety. probability or consequences of an accident the ‘‘TMI2/SNEC Oversight Committee,’’ previously evaluated. (4) replace ‘‘GPU Nuclear audit program The NRC staff has reviewed the Do the changes create the possibility of a licensee’s analysis and, based on this new or different kind of accident from any procedures’’ with ‘‘approved Quality review, it appears that the three accident previously evaluated? Assurance Plan procedures,’’ and (5) standards of 10 CFR 50.92(c) are The proposed changes do not effect the make changes to the TSs to reflect satisfied. Therefore, the NRC staff operation or configuration of plant systems, changes to NRC organization. proposes to determine that the structures, or components. These proposed Basis for proposed no significant amendment request involves no changes do not affect currently analyzed hazards consideration determination: significant hazards consideration. failure modes and do not introduce new As required by 10 CFR 50.91(a), the Attorney for licensee: William D. failure modes. licensees have provided their analysis of Therefore, the proposed changes will not the issue of no significant hazards Johnson, Vice President and Corporate create the possibility of a new or different Secretary, Carolina Power & Light kind of accident from any previously consideration, which is presented Company, Post Office Box 1551, evaluated. below: Raleigh, North Carolina 27602. Do the changes involve a significant GPUN has determined that Technical NRC Section Chief: Richard P. reduction in a margin of safety? Specifications Change request No. 60 Correia. The proposed changes will require an involves no significant hazards consideration operator to be present in the AEER in a post- as defined in 10 CFR 50.92. Commonwealth Edison Company, LOCA environment only when necessary to 1. The proposed changes to the SNEC Docket Nos. 50–373 and 50–374, LaSalle perform required actions as directed by the Technical Specifications do not involve a County Station, Units 1 and 2, LaSalle station’s EOPs. A time/motion study of significant increase in the probability of County, Illinois required AEER actions has determined that occurrence or consequences of an accident or the maximum cumulative time spent in the malfunction of equipment important to safety Date of amendment request: April 26, AEER is approximately 300 minutes. The previously analyzed in the safety analysis 2000. dose to operators performing the required report. The changes have no impact on plant Description of amendment request: AEER actions, without credit for the AEER operations or the release of radioactive The proposed amendments would filtration system, will continue to be within materials. revise Technical Specification Sections the limits of GDC 19, during and following 2. The proposed changes to the SNEC 3/4.3.7.1, ‘‘Radiation Monitoring all design basis accidents. Technical Specifications will not create the Instrumentation,’’ 3/4.7.2, ‘‘Control Therefore, the proposed changes will not possibility for an accident or malfunction of Room and Auxiliary Electric Equipment involve a significant reduction in a margin of a different type than any previously safety. evaluated in the safety analysis report Room Emergency Filtration System,’’ because no plant configuration or operational and 6.2.F.8, ‘‘Ventilation Filter Testing The NRC staff has reviewed the changes are involved. Program,’’ to eliminate habitability licensee’s analysis and, based on this 3. The changes will not involve a system requirements associated with the review, it appears that the three significant reduction in the margin of safety Auxiliary Electric Equipment Room standards of 10 CFR 50.92(c) are as defined in the basis for any technical habitability systems. satisfied. Therefore, the NRC staff specification for SNEC because no change to Basis for proposed no significant proposes to determine that the operational limits will be made. hazards consideration determination: requested amendments involve no The NRC staff has reviewed the As required by 10 CFR 50.91(a), the significant hazards consideration. analysis of the licensees and, based on licensee has provided its analysis of the Attorney for licensee: Ms. Pamela B. this review, it appears that the three issue of no significant hazards Stroebel, Senior Vice President and standards of 50.92(c) are satisfied. consideration, which is presented General Counsel, Commonwealth Therefore, the NRC staff proposes to below: Edison Company, P.O. Box 767, determine that the amendment request Do the changes involve a significant Chicago, Illinois 60690–0767. involves no significant hazards increase in the probability or consequences NRC Section Chief: Anthony J. consideration. of an accident previously evaluated? Mendiola. Attorney for the Licensee: Ernest L. The elimination of Auxiliary Electric GPU Nuclear, Inc. and Saxton Nuclear Blake, Jr., Shaw, Pittman, Potts, and Equipment Room (AEER) habitability system Experimental Corporation, Docket No. Trowbridge, 2300 N Street, N.W., requirements does not affect the precursors 50–146, Saxton Nuclear Experimental Washington, D.C. 20037. or initiators of any accidents previously NRC Branch Director: Ledyard B. Facility (SNEF), Bedford County, evaluated. Marsh. The current analysis assumes an operator Pennsylvania will maintain continuous occupancy of the Date of amendment request: April 10, Northeast Nuclear Energy Company AEER for 30 days following a design basis 2000. (NNECO), et al., Docket No. 50–423, loss-of-coolant-accident (LOCA). This Description of amendment request: Millstone Nuclear Power Station, Unit analysis credits operation of the AEER No. 3, New London County, Connecticut habitability system. The resultant dose to the The proposed amendment would make operator is within the limits of 10 CFR 50, changes to the organizational and Date of amendment request: February Appendix A, ‘‘General Design Criteria for administrative controls for the SNEF to 3, 2000. Nuclear Power Plants,’’ General Design reflect changes in GPU Nuclear, Inc. Description of amendment request: Criterion (GDC) 19, ‘‘Control Room.’’ We following the sale of the Oyster Creek NNECO’s proposed license amendment

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Society of Mechanical Engineers issue of no significant hazards Description of amendment request: (ASME) Section III code requirements consideration, which is presented The proposed amendment would revise for class 2 components. The change below: Technical Specification (TS) 3/4.6.3, does not affect existing plant design but 1. The proposed amendment will not ‘‘Containment Isolation Valves.’’ The rather changes licensing basis involve a significant increase in the proposed change deletes the asterisk (*) information in the FSAR to accurately probability or consequences of an accident modifying the word OPERABLE in the reflect plant configuration. previously evaluated. Limiting Condition for Operation and Basis for proposed no significant The proposed amendment will have no impact on the probability or consequences of relocates its associated footnote at the hazards consideration determination: bottom of the page to immediately As required by 10 CFR 50.91(a), the an accident. The BLDS [bellows leak detection system] performs a monitoring following the Action Statement. The licensee has provided its analysis of the function only and is not part of the reactor new note would be reworded to be issue of no significant hazards pressure boundary. consistent with the wording of NUREG– consideration. The NRC staff reviewed The reduced testing frequency for the leak 1431, ‘‘Standard Technical the licensee’s analysis against the detection monitoring function will have no Specifications, Westinghouse Plants.’’ standards of 10 CFR 50.92(c). The NRC impact on the ability of the pressure switch The Bases associated with this TS staff’s review is presented below: to detect a bellows failure or on the would also be revised to address the likelihood of bellows failure. Experience has 1. Involve a significant increase in the shown the pressure switch to be reliable and proposed change. probability or consequence of an accident capable of performing its function. Basis for proposed no significant previously evaluated. Reduction in test frequency to once per hazards consideration determination: The revision to the Final Safety Analysis cycle will still provide periodic verification As required by 10 CFR 50.91(a), the Report (FSAR) to correctly reflect the current of pressure switch capability. Reduction in licensee has provided its analysis of the valve configuration to the Chemical Volume test frequency to once per cycle will reduce and Control System (CVCS) will not affect issue of no significant hazards the number of times per cycle that SRV the ability of the CVCS to perform its consideration, which is presented operability is impacted by the testing intended safety function. Therefore, this below: change does not involve a significant process. This will increase the probability that SRV’s [sic] would be available to 1. The proposed change does not involve increase in the probability or consequences a significant increase in the probability or of an accident previously evaluated. mitigate consequences of an accident. 2. The proposed amendment will not consequences of an accident previously 2. Create the possibility of a new or evaluated. different kind of accident from any accident create the possibility of a new or different kind of accident from any accident The current Salem Technical previously evaluated. Specifications allows the use of Since there are no changes in components, previously analyzed. The proposed amendment has the potential administrative means to unisolate a component operation, or system operation, containment isolation valve on an this change does not create the possibility of to improve reliability of the BLDS by removing a requirement which will allow intermittent basis. The proposed change an accident of a different type. eliminates the potential for varying 3. Involve a significant reduction in a removal of a failure path. A reduction in BLDS surveillance test frequency will not interpretations of the TS footnote by margin of safety. relocating it to the ACTION section of the Since the FSAR revision does not have result in creation of a new or different kind of accident. The BLDS performs a monitoring Technical Specifications in accordance with anything to do with affecting the ability of the guidance of NUREG 1431, Rev 1 (April the CVCS to perform its intended safety function only. It cannot cause an accident as it is not part of the reactor pressure 1995) ‘‘Standard Technical Specifications function, it will not involve a significant Westinghouse Plants (NUREG–1431).’’ reduction in a margin of safety. boundary. 3. The proposed amendment will not PSE&G [PSE&G] views the proposed change Based on the staff’s analysis, it involve a significant reduction in the margin as a change that is editorial in nature. appears that the three standards of 10 of safety. The proposed change does not delete any CFR 50.92(c) are satisfied. Therefore, the Revising the requirement to test this existing surveillance requirements or delete NRC staff proposes to determine that the system from quarterly to once per cycle will any requirements from the Limiting amendment request involves no not reduce the margin of safety. The pressure Condition for Operations (LCOs) or Action switch and pressure boundary components of Statements, and therefore does not reduce the significant hazards consideration. actions that are currently taken in the TS to Attorney for licensee: Lillian M. the BLDS are reliable and stable. Therefore, the proposed Technical Specification change demonstrate operability of plant structures, Cuoco, Senior Nuclear Counsel, systems, or components (SSCs). The Northeast Utilities Service Company, does not involve a significant reduction in the margin of safety. proposed change continues to ensure the P.O. Box 270, Hartford, Connecticut. operability of the containment isolation NRC Section Chief: James W. Clifford. The NRC staff has reviewed the valves, therefore ensuring that the licensee’s analysis and, based on this containment atmosphere will be isolated Northern States Power Company, review, it appears that the three from the outside environment in the event of Docket No. 50–263, Monticello Nuclear standards of 10 CFR 50.92(c) are a release of radioactive material to the Generating Plant, Wright County, satisfied. Therefore, the NRC staff containment atmosphere or pressurization of Minnesota proposes to determine that the the containment. Date of amendment request: May 12, amendment request involves no Since these changes do not modify any SSCs or reduce the current requirements for 2000. significant hazards consideration. demonstrating operability of these SSCs, the Description of amendment request: Attorney for licensee: Jay E. Silberg, proposed changes to the TS do not involve The proposed amendment would revise Shaw, Pittman, Potts and Trowbridge, a significant increase in the probability or the Technical Specification Section 2300 N Street, NW, Washington, DC consequences of an accident previously 4.6.E.1.d safety/relief valve (SRV) 20037. evaluated in the Safety Analysis Report bellows monitoring system test NRC Section Chief: Claudia M. Craig. (SAR).

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39962 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices that could initiate an accident. Therefore, the range of allowable PSV lift settings in for feed and bleed cooling. Some event trees proposed changes do not create the the limiting condition for operation question the capability of the PORVs to possibility of a new or different kind of (LCO) would be expanded from >2460 reclose to terminate RCS depressurization accident from any accident previously and <2510 to >2411 and <2509, and SR and coolant inventory loss. The transient- evaluated. induced ATWS [anticipated transient 3. Do the proposed changes involve a 3.4.10.1 would be revised to state that without scram] event trees question the significant reduction in a margin of safety? following testing, the lift settings shall capability of the PSVs to reclose after Response: No. be ‘‘within 1% of 2460 psig’’ instead of opening for these high pressure transients. There were no changes made to any of the simply ‘‘within 1%.’’ The nominal PSV The maximum allowable PSV setpoint is accident analyses or safety analysis limits as lift setting would be changed from 2485 essentially unchanged; therefore, the a result of this proposed change. Further, the psig to 2460 psig because the maximum proposed change will not adversely impact proposed change does not affect the PORV lift setting would not be the probability of the PSVs failing open. Upgrading the automatic PORV actuation acceptance criteria for any analyzed event. increased and the minimum setting Removal of the upper limits for the preferred circuitry to fully Class 1E, and revising the and alternate source bus undervoltage and would be reduced 59 psig. For TS Technical Specification operability and the lower limit for the 6.9 kV Class 1E bus 3.4.11, Actions A and B would be surveillance requirements to demonstrate the loss of voltage relays does not change the revised to be actions for inoperable operability of the automatic PORV actuation margin of safety. Each allowable value, as PORVs either solely due to excessive circuitry, will enhance valve reliability and revised, assures the safety analysis limits PORV seat leakage (Action A) or for assure compliance with NRC Generic Letter assumed in the safety analyses as discussed reasons other than excessive seat 90–06. However, it has been determined that this plant modification increase the in Chapter 15 of the FSAR [Final Safety leakage (Action B), and Action E would Analysis Report] is maintained. The margin probability that the PORVs will inadvertently remain an action for two inoperable open and remain open if multiple transmitter of safety established by the Limiting PORVs, but would be only for reasons Conditions for Operation also remains failures are postulated. With the new safety unchanged. Thus there is no effect on the other than excessive seat leakage. The grade PORV 2/4 [two out of four] opening margin of safety. licensee also provided corrections to the actuation logic, two failed high pressurizer Bases of the TSs and the Callaway Final pressure channels would result in The NRC staff has reviewed the Safety Analysis Report (FSAR) for the inadvertent opening of both PORVs and the licensee’s analysis and, based on this above changes. PORVs would remain open until remote- review, it appears that the three manually closed. Since two of the four Basis for proposed no significant channels available to reclose the PORVs are standards of 10 CFR 50.92(c) are hazards consideration determination: satisfied. Therefore, the NRC staff assumed to have failed high, and since As required by 10 CFR 50.91(a), the closure of the PORVs would require a 3/4 proposes to determine that the licensee has provided its analysis of the logic to close after the modification is amendment request involves no issue of no significant hazards implemented, there would be no signal to significant hazards consideration. consideration, which is presented close the PORVs on a low pressurizer Attorney for licensee: George L. Edgar, below: pressure signal. With the current opening Morgan, Lewis and Bockius, 1800 M logic, a single failed high pressurizer Street, NW., Washington, DC 20036. 1. The proposed change does not involve pressure channel would result in opening NRC Section Chief: Robert A. Gramm. a significant increase in the probability or one PORV. However, the current 2/4 closure consequences of an accident previously logic would reclose that PORV when Union Electric Company, Docket No. evaluated. pressurizer pressure drops below 50–483, Callaway Plant, Unit 1, The pressurizer safety valves (PSVs), in approximately 2200 psia. With the current Callaway County, Missouri conjunction with the Reactor Trip System control logic, three failed high pressurizer (RTS), provide overpressure protection for pressure channels (3/4) are required for both Date of application request: May 25, the Reactor Coolant System (RCS). The PSV PORVs to inadvertently open and remain 2000 (ULNRC–04258). [lift] setpoint is established to maintain the open. However, the consequences of both Description of amendment request: RCS pressure below 110% of the system PORVs inadvertently opening and remaining The proposed amendment would design pressure. The proposed change in the open are bounded by the analysis in FSAR expand (1) the range of acceptable lift minimum allowable PSV setpoint could Section 15.6.1, ‘‘Inadvertent Opening of a settings for the pressurizer safety valves result in a transient being terminated at a Pressurizer Safety or Relief Valve.’’ Since a (PSVs), and (2) the tolerance (from +1% pressure that is lower than that assumed in pressurizer safety valve is sized to relieve the transient’s analysis. However, the to +2%) of the as-found, measured lift approximately twice the steam flow rate of a primary system pressure boundary is not pressurizer PORV, and will therefore allow a settings of tested PSVs, to be operable. challenged by the minimum allowable PSV much more rapid depressurization upon The as-left lift settings, following setpoint. Since the maximum allowable PSV opening, the analysis in Section 15.6.1 testing, of the PSVs would not be setpoint is unaffected by the proposed examines the accidental depressurization of changed from the current range of +1%. change (other than from round-off, as the RCS associated with an inadvertent The amendment would revise Technical discussed previously [in the application, opening of a pressurizer safety valve. While Specifications (TS) 3.3.2, ‘‘Engineered from 2510 to 2509 psig]), the primary system there is no way to isolate a stuck-open Safety Features Actuation System pressure boundary is not challenged by the pressurizer safety valve, two open PORVs can maximum allowable PSV setpoint. be remote-manually isolated by either closing (ESFAS) Instrumentation,’’ 3.4.10, With a nominal setpoint of 2460 psig and ‘‘Pressurizer Safety Valves,’’ and 3.4.11, the PORVs or the PORV block valves. Since a [as-found] +2% setpoint tolerance, the PSV there is a small impact due to multiple ‘‘Pressurizer Power Operated Relief actuation setpoint could potentially open at channel failures resulting in an increase in Valves (PORVs),’’ of the Callaway TS. pressures as low as 2410 psig (rounded up in the probability of both PORVs inadvertently For TS 3.3.2, a new Action H for one or revised LCO 3.4.10 to 2411 psig). This lower opening and remaining open, it is concluded more trains inoperable would be added, PSV actuation setpoint will reduce the that the proposed activity increases the the note for surveillance requirement margin between the pressurizer PORV and probability of occurrence of an accident (SR) 3.3.2.14 would be revised to PSV actuation setpoint from 125 psi to 75 previously evaluated in the FSAR. However, identify another slave relay that the SR psi. A 75 psi margin is considered adequate multiple failures are required for this and should not challenge the PSVs on would be applicable to, and the malfunction and failure modes that result in Condition I transients. multiple channels failing high are highly automatic PORV actuation would be The majority of the Callaway PRA unlikely. Therefore, this increase in the added to Table 3.3.2–1, ‘‘Engineered [probabilistic risk assessment] event trees probability that the PORVs will inadvertently Safety Features Actuation System question the capability of the PORVs to open open and remain open is considered to be Instrumentation.’’ For TS 3.4.10, the for RCS cooldown and depressurization or insignificant.

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39964 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices capacity for each valve, 420,000 lb/hr at 2485 same as above. They were published as 10 CFR Chapter I, which are set forth in psig plus 3% accumulation, is based on individual notices either because time the license amendment. postulated overpressure transient conditions did not allow the Commission to wait Notice of Consideration of Issuance of resulting from a complete loss of steam flow for this biweekly notice or because the to the turbine. This event results in the Amendment to Facility Operating maximum surge rate into the pressurizer action involved exigent circumstances. License, Proposed No Significant ***.’’ They are repeated here because the Hazards Consideration Determination, The locked RCP [reactor coolant pump] biweekly notice lists all amendments and Opportunity for A Hearing in rotor and loss of external electrical load/ issued or proposed to be issued connection with these actions was turbine trip transient analyses assume PSV involving no significant hazards published in the Federal Register as actuation at 2550 psia. This value is consideration. indicated. conservatively based on a nominal PSV For details, see the individual notice Unless otherwise indicated, the setpoint of 2500 psia plus a 1% setpoint in the Federal Register on the day and Commission has determined that these tolerance and a 1% setpoint shift (due to the page cited. This notice does not extend amendments satisfy the criteria for presence of the water seal). The maximum the notice period of the original notice. allowable PSV setpoint of 2509 psig is categorical exclusion in accordance unaffected by the proposed change, other FirstEnergy Nuclear Operating with 10 CFR 51.22. Therefore, pursuant than a conservative round-off discussed Company, Docket No. 50–440, Perry to 10 CFR 51.22(b), no environmental previously. At a pressure of 2509 psig, the Nuclear Power Plant, Unit 1, Lake impact statement or environmental minimum relief capacity of the safety valves County, Ohio assessment need be prepared for these would be in excess of 420,000 lb/hr. However, the safety analyses for Date of amendment request: June 1, amendments. If the Commission has overpressurization events conservatively 2000. prepared an environmental assessment assume a 420,000 lb/hr minimum design Description of amendment request: under the special circumstances relief capacity for the PSVs. The proposed amendment would permit provision in 10 CFR 51.12(b) and has The proposed change does not affect the changes to the Perry Nuclear Power made a determination based on that acceptance criteria for any other analyzed Plant Updated Safety Analysis Report assessment, it is so indicated. event nor is there a change to any other (USAR) to incorporate descriptions (in For further details with respect to the Safety Analysis Limit (SAL). The acceptance criteria for the Inadvertent ECCS Actuation at the form of text, tables, and drawings) action see (1) the applications for Power event will remain the same as of modifications to the Emergency amendment, (2) the amendment, and (3) currently analyzed; however, operator action Service Water (ESW) alternate intake the Commission’s related letter, Safety and automatic PORV actuation will be relief sluice gate. The modifications will Evaluation and/or Environmental upon to demonstrate compliance with that include (1) installation of a safety- Assessment as indicated. All of these event’s acceptance criteria. related Class 1E selector switch that will items are available for public inspection There will be no effect on the manner in be used to disable the automatic at the Commission’s Public Document which safety limits or limiting safety system opening function of the sluice gate Room, the Gelman Building, 2120 L settings are determined nor will there be any during warm weather and (2) Street, NW., Washington, DC, and effect on those plant systems necessary to assure the accomplishment of protection installation of a non-safety inflatable electronically from the ADAMS Public functions. There will be no impact on the sealing device on the gates between the Library component on the NRC Web overpower limit, DNBR limits, FQ, F∆H, ESW forebay and the alternate intake site, http://www.nrc.gov (the Electronic LOCA PCT [peak cladding temperature], peak tunnel. The modifications are designed Reading Room). local power density, or any other margin of to increase overall reliability of the ESW AmerGen Energy Company, LLC, Docket safety. The radiological dose consequence system and to eliminate undesired acceptance criteria listed in the [NRC] No. 50–461, Clinton Power Station, Unit operation of the ESW pumps. 1, DeWitt County, Illinois Standard Review Plan continue to be met. Date of publication of individual Therefore, the proposed change does not notice in Federal Register: June 14, 2000 involve a significant reduction in any margin Date of application for amendment: of safety. (65 FR 37414). April 24, 2000. Expiration date of individual notice: Brief description of amendment: The The NRC staff has reviewed the July 14, 2000. amendment allowed a one-time licensee’s analysis and, based on this Attorney for licensee: Mary E. extension of some Technical review, it appears that the three O’Reilly, Attorney, FirstEnergy Specification surveillance intervals due standards of 10 CFR 50.92(c) are Corporation, 76 South Main Street, to elimination of a planned midcycle satisfied. Therefore, the NRC staff Akron, OH 44308. outage. The surveillances would be proposes to determine that the NRC Section Chief: Anthony J. extended to no later than November 30, amendment request involves no Mendiola. 2000. significant hazards consideration. Notice of Issuance of Amendments to Attorney for licensee: John O’Neill, Date of issuance: June 12, 2000. Facility Operating Licenses Shaw, Pittman, Potts & Trowbridge, Effective date: Immediately, to be 2300 N Street, NW, Washington, DC During the period since publication of implemented within 30 days. 20037. the last biweekly notice, the Amendment No.: 129. NRC Section Chief: Stephen Dembek. Commission has issued the following Facility Operating License No. NPF– amendments. The Commission has Previously Published Notices of 62: The amendment revised the determined for each of these Technical Specifications. Consideration of Issuance of amendments that the application Amendments to Facility Operating complies with the standards and Date of initial notice in Federal Licenses, Proposed No Significant requirements of the Atomic Energy Act Register: May 8, 2000 (65 FR 26642). Hazards Consideration Determination, of 1954, as amended (the Act), and the The Commission’s related evaluation and Opportunity for a Hearing Commission’s rules and regulations. of the amendment is contained in a The following notices were previously The Commission has made appropriate Safety Evaluation dated June 12, 2000. published as separate individual findings as required by the Act and the No significant hazards consideration notices. The notice content was the Commission’s rules and regulations in comments received: No.

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39970 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices byproduct material covered by this Dated at Oklahoma City, Oklahoma this the need for the system revisions Agreement. ___th day of ______, 2000. proposed by this notice. Customers will The State and the Commission agree For The State of Oklahoma. be able to effect change-of-address to keep each other informed of proposed lllllllllllllllllllll service online by providing proof of changes in their respective rules and Governor identity such as a credit card number. regulations, and to provide each other [FR Doc. 00–16297 Filed 6–27–00; 8:45 am] In addition, customers will be able to the opportunity for early and BILLING CODE 7590±01±P order move-related services provided by substantive contribution to the proposed entities outside of the Postal Service. changes. These services will be offered through a The State and the Commission agree POSTAL SERVICE new Internet site called to keep each other informed of events, MoversGuide.com, which will replace accidents, and licensee performance Privacy Act of 1974, System of MoversNet. The move-related services that may have generic implication or Records will include moving van rental; sale of otherwise be of regulatory interest. moving boxes; and long-distance AGENCY: Postal Service. Article VII telephone and cable service, etc. ACTION: Notice of proposed Information needed by the entity to The Commission and the State agree modifications to existing system of provide service will be collected from that it is desirable to provide reciprocal records. the customer by the Postal Service and recognition of licenses for the materials maintained after for fulfillment and SUMMARY: This document publishes listed in Article I licensed by the other customer service purposes. A customer notice of modifications to Privacy Act party or by any other Agreement State. can elect for the Postal Service to system of records USPS 010.010, Accordingly, the Commission and the maintain certain information for the renamed by this notice as ‘‘Collection State agree to develop appropriate rules, customer’s use in future transactions on and Delivery Records-Address Change, regulations, and procedures by which MoversGuide.com. The proposed Mail Forwarding, and Related Services such reciprocity will be accorded. changes to the categories of records Records.’’ The modifications reflect the segment of the system notice reflect the Article VIII electronic collection of information addition of this new information. The Commission, upon its own traditionally covered by the system and In addition, the purpose statement has initiative after reasonable notice and the collection and maintenance of been expanded to include the objective opportunity for hearing to the State, or move-related information. of collecting move-related records to upon request of the Governor of the DATES: Any interested party may submit enhance customer service and State, may terminate or suspend all or written comments on the proposed convenience. part of this Agreement and reassert the addition and modification. This Three new routine uses are being licensing and regulatory authority proposal will become effective without adopted. These routine uses permit vested in it under the Act if the further notice on July 28, 2000, unless disclosure of information about a Commission finds that (1) such comments received on or before that customer to providers of move-related termination or suspension is required to date result in a contrary determination. services at the customer’s request; protect public health and safety, or (2) ADDRESSES: Written comments on this disclosure of change-of-address the State has not complied with one or proposal should be mailed or delivered information to certain government more of the requirements of Section 274 to Finance Administration/FOIA, agencies or other entities selected by the of the Act. The Commission may also, United States Postal Service, 475 customer; and disclosure of information pursuant to Section 274j(2) of the Act, L’Enfant Plaza SW, RM 8141, about a customer to an online identity temporarily suspend all or part of this Washington, DC 20260–5202. Copies of validation system for purposes of Agreement if, in the judgement of the all written comments will be available verifying the customer’s identity. Each Commission, an emergency situation at the above address for public of these disclosures is necessary to exists requiring immediate action to inspection and photocopying between 8 accomplish the purposes for which the protect public health and safety and the a.m. and 4 p.m., Monday through information is collected. State has failed to take necessary steps. Friday. The Commission shall periodically The system modifications are not FOR FURTHER INFORMATION CONTACT: review actions taken by the State under expected to have an adverse effect on Betty Sheriff, (202) 268–2608. this Agreement to ensure compliance individual privacy rights. Customer with Section 274 of the Act which SUPPLEMENTARY INFORMATION: Postal identity is verified; customers have requires a State program to be adequate customers who move and choose to file control over how much information is to protect public health and safety with a forwarding order with the Postal kept about them; and the information is respect to the materials covered by this Service complete PS Form 3575, securely maintained and transmitted. Agreement and to be compatible with Change-of-Address Order. Privacy Act Customers may opt to file a change- the Commission’s program. system 010.010 covers the collection of-address online or through the mail. and maintenance of this information. In To protect individuals who file online Article IX recent years, the Postal Service has against fraud, the Postal Service collects This Agreement shall become provided an Internet version of PS Form information to establish proof of effective on [TBA], and shall remain in 3575, along with other information to identity and confirms the address effect unless and until such time as it is help customers before, during, and after change request by e-mail. Each time a terminated pursuant to Article VIII. their move to a new address. Customers customer uses MoversGuide.com to complete the form online and print, obtain move-related services, he or she Dated at Rockville, Maryland, this ___th day of______, 2000. sign, and mail it to the Postal Service. will be given the option to save the For The United States Nuclear Regulatory Enhancements to the Postal Service’s information for ordering other products Commission. Internet site, which is currently called and services or to delete it then or at a lllllllllllllllllllll MoversNet, will result in the collection later time. If information is saved, the Chairman of additional information, prompting customer must enter a user name and

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Information from this system shall restricted area with access controlled by products, effective date, billing, and be disclosed to an authorized online an installed security software package, identity validation information required identity validation system for the the use of logon identifications and to service the customers’ requests. purpose of verifying the identity of a passwords, and operating system c. Postal customer inquiry/comment customer submitting a change-of- controls. Information is transmitted in a records may contain customer number, address online. name, contact information, description secure session established by Secure POLICIES AND PRACTICES FOR STORING, Sockets Layer (SSL) or equivalent of service request, and responses. RETRIEVING, ACCESSING, RETAINING, AND technology. Digital certificates provide d. Outside service provider records DISPOSING OF RECORDS IN THE SYSTEM: the authentication encryption to enable contain name of the service provider, STORAGE: an SSL connection with the postal customer name, policies related to [CHANGE TO READ:] customer’s Web browser. Any privacy and customer service, product The source document is maintained transaction that involves sending offerings, and service processing on file at the delivery unit. They are information is encrypted on both the information. filed alphabetically by name within a sending and receiving end to keep e. Optional customer records contain month. Records generated from the others from viewing it. The Postal the information a customer chooses to source document are recorded on the Service’s secure server does not support save to apply to future transactions on Forwarding Control System file server browsers that do not transmit encrypted the Internet site. They may contain and on 8-mm tapes at Computerized information. names, addresses, online proof of Forwarding System units. Electronic Pursuant to 5 U.S.C. 552a(e)(11), identification, billing, and other change-of-address records and related interested persons are invited to submit information used to request a service. service records are also stored on disk written data, views, or arguments on f. Internet site usage records contain and/or magnetic tape in a secured this proposal. A report of the amended referral source, search word used to environment. Change-of-address records system has been sent to Congress and to come to the site, Internet Protocol (IP) are consolidated in a National Change- the Office of Management and Budget address, domain name, operating system of-Address (NCOA) File at the National for their evaluation. versions, browser version, page visited, Customer Support Center (NCSC). System USPS 010.010 was last and other information to analyze the Selected extracts of NCOA are provided published in its entirety at 54 FR usage of the site. to a limited number of firms under 43657–43658 dated October 26, 1989, * * * * * contract or license agreement with the and amended at 64 FR 8877–8878 dated Postal Service. Records pertaining to February 23, 1999. It is proposed that PURPOSE(S): move-related services are also the system description be amended as [CHANGE TO READ:] transmitted to specific service follows: a. To provide mail forwarding providers, including government services to postal customers who have agencies and private companies under USPS 010.010 changed addresses. contract to the Postal Service. b. To provide address correction SYSTEM NAME: services to postal customers. RETRIEVABILITY: [CHANGE TO READ:] c. To provide address information to [ADD:] Collection and Delivery Records- the American Red Cross about a postal By name and address and customer Address Change, Mail Forwarding, and customer who has been relocated number for electronic change-of-address Related Services Records, 010.010. because of a disaster. and related service records. By name, * * * * * d. To provide postal customers with address, and e-mail address for Internet access the ability to file fully customer service records. By name or CATEGORIES OF INDIVIDUALS COVERED BY THE electronic change-of-address in order to service provider number for service SYSTEM: further automate and enhance current provider records. By customer number, [CHANGE TO READ:] address change services. name, password, and/or challenging Postal customers requesting mail e. To provide postal customers with question and answer. The Internet site forwarding and related services from Internet access to providers of move- usage records are summarized for site their local postal facilities or through related services as a means of improving usage analysis and are not retrieved by Postal Service Internet services. Any customer convenience and service personal identifier. postal customers who are victims of a quality. * * * * * disaster who have requested mail forwarding services through the ROUTINE USES OF RECORDS MAINTAINED IN THE RETENTION AND DISPOSAL: American Red Cross. SYSTEM, INCLUDING CATEGORIES OF USERS AND [CHANGE TO READ:] THE PURPOSES OF SUCH USES: a. Change-of-address source document CATEGORIES OF RECORDS IN THE SYSTEM: [ADD ROUTINE USE 9, 10, AND 11 is retained for 18 months from effective [CHANGE TO READ:] AS FOLLOWS:] date and then destroyed. a. Address change records including 9. Postal customer online requests for b. Change-of-address information on customer number, name, old mailing move-related services will be forwarded magnetic tape and/or disk at address, new mailing address, mail in a secured manner to the specified Computerized Forwarding System sites forwarding instructions, effective date, service providers, which may include is retained for 18 months from effective information about whether the move is government agencies and private date. At the end of that period, the data permanent or temporary, contact companies, at the election of the is automatically purged from the information for customer service, and customer online. Forwarding Control System.

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39974 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices makers.13 The Exchange believes that including whether the proposed rule I. Self-Regulatory Organization’s guaranteed participation would also change is consistent with the Act. Statement of the Terms of Substance of give specialists the ability to attract Persons making written submissions the Proposed Rule Change order flow to the Exchange and provide should file six copies thereof with the The Phlx proposes to adopt a system its customers with tighter, more Secretary, Securities and Exchange change to the Exchange’s Automatic competitive markets. As a result, the Commission, 450 Fifth Street, NW., Communication and Execution Exchange would be able to attract new Washington, DC 20549–0609. Copies of (‘‘PACE’’) System Automatic Price specialist units and retain the services the submission, all subsequent Improvement (‘‘API’’) feature and adopt of existing units. amendments, all written statements Rule 229, Commentary .07(c)(i)(E) to with respect to the proposed rule 2. Statutory Basis provide specialists the ability to change that are filed with the implement automatic price The Exchange believes that the Commission, and all written improvement to allow sell orders to proposed rule change is consistent with communications relating to the 14 improve to the last sale on an uptick Section 6(b) of the Act in general and proposed rule change between the and/or allow sell orders to improve to furthers the objectives of Section Commission and any person, other than 15 a price higher than the last sale (‘‘Sell 6(b)(5) of the Act in particular in that those that may be withheld from the Order Enahncement features’’). it is designed to prevent fraudulent and public in accordance with the manipulative acts and practices, to provisions of 5 U.S.C. 552, will be A. Self-Regulatory Organization’s promote just and equitable principles of available for inspection and copying in Statement of the Purpose of, and trade, to foster cooperation and the Commission’s Public Reference Statutory Basis for, the Proposed Rule coordination with persons engaged in Room. Copies of the filing will also be Change facilitating transactions in securities, available for inspection and copying at 1. Purpose and to remove impediments to and the principal offices of the Amex. All perfect the mechanism of a free and PACE is the Exchange’s automated submissions should refer to File No. order routing and execution system on open market and a national market SR–Amex–00–30 and should be system. the equity trading floor. PACE accepts submitted by July 19, 2000. orders for automatic or manual B. Self-Regulatory Organization’s For the Commission, by the Division of execution in accordance with the Statement on Burden on Competition Market Regulation, pursuant to delegated provisions of Rule 229, which governs authority.16 The Amex does not believe that the the PACE System and defines its proposed rule change will impose any Margaret H. McFarland, parameters. The API features of the burden on competition. Deputy Secretary. PACE System allows the specialist to [FR Doc. 00–16305 Filed 6–27–00; 8:45 am] voluntarily provide automatic price C. Self-Regulatory Organization’s BILLING CODE 8010±01±M improvement to market and marketable Statement on Comments on the limit orders to all customers in a Proposed Rule Change Received from security when the orders are 599 shares Members, Participants, or Others SECURITIES AND EXCHANGE or less and the PACE quote 3 is 3/16 or No written comments were solicited COMMISSION 1/8 or greater.4 When the API feature or received with respect to the proposed was first introdced, there were certain [Release No. 34±42973; File No. SR±Phlx± exceptions which prevented a sell order rule change. 00±43] from being executed on the last sale if III. Date of Effectiveness of the the last sale is an uptick and prevented Proposed Rule Change and Timing for Self-Regulatory Organizations; Notice a sell order from being executed at a Commission Action of Filing and Immediate Effectiveness of Proposed Rule Change by the price higher than the last sale.5 In those Within 35 days of the date of Philadelphia Stock Exchange, Inc. situations, the order would be executed publication of this notice in the Federal Adopting Enhancements to the PACE at the PACE quote. Register or within such longer period (i) Systems Automatic Price Improvement The Exchange proposes to enhance as the Commission may designate up to Feature the API feature to allow the specialist to 90 days of such date if it finds such voluntarily provide automatic price longer period to be appropriate and June 21, 2000. improvement to sell orders of a 100 publishes its reasons for so finding or Pursuant to Section 19(b)(1) of the shares or more, as determined by the (ii) as to which the Exchange consents, Securities Exchange Act of 1934 specialist, in a particular security even the Commission will: (‘‘Act’’),1 and Rule 19b–4 thereunder,2 when the sell order would be executed (A) By order approve such proposed notice is hereby given that on May 12, on the last sale and the last sale is an rule change, or 2000, the Philadelphia Stock Exchange, uptick (‘‘Sell Order Enhancement I’’). In Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with addition, the Exchange also proposes to (B) Institute proceedings to determine the Securities and Exchange enhance the API feature to allow the whether the proposed rule change Commission (‘‘SEC’’ or ‘‘Commission’’) specialist to voluntarily provide should be disapproved. the proposed rule change as described automatic price improvement to sell IV. Solicitation of Comments in Items I, II, and III below, which Items orders of 100 shares or more, as have been prepared by the Exchange. determined by the specialist, in a Interested persons are invited to The Commission is publishing this particular security when the improved submit written data, views, and notice to solicit comments on the arguments concerning the foregoing, proposed rule change from interested 3 The PACE quote means the best bid/ask quote persons. among the American, Boston, Cincinnati, Chicago, 13 See Chicago Board Options Exchange Rule Pacific, Philadelphia and New York Stock 8.80; Pacific Exchange Rule 6.82; and Philadelphia Exchanges. See Phlx rule 229. Stock Exchange Rule 1014(g). 16 17 CFR 200.30–3(a)(12). 4 See Phlx Rule 229, Commentary .07(c)(i) 14 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1). 5 See Phlx Rule 229, Commentary .07(c)(i)(A) and 15 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4. (B).

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The proposal effects a specialist may choose to provide either change in an existing order-entry or [Declaration of Disaster #3255] or both of the Sell Order Enhancement trading system of a self-regulatory features on a symbol-by-symbol basis to organization that (i) Does not State of New Mexico; (Amendment #1) all eligible orders for all customers. significantly affect the protection of The Sell Order Enhancement features investors or the public interest; (ii) does In accordance with a notice from the will be disengaged when the API feature not impose any significant burden on Federal Emergency Management is disengaged in accordance with Rule competition; and (iii) does not have the Agency, dated June 9, 2000, the above- 6 229, Commentary .07(c)(iii). As with effect of limiting the access to or numbered Declaration is hereby amended to establish the incident the API feature, specialists choosing to availability of the system pursuant to period for this disaster as beginning on activate or deactivate either one or both Rule 229. Sell Order Enhancement features would May 5, 2000 and continuing through be required to notify the Exchange one At any time within 60 days of the June 9, 2000. day prior to implementation. The filing of the proposed rule change, the All other information remains the change would be effective the next day Commission may summarily abrogate same, i.e., the deadline for filing in order to provide notice to the PACE the proposed rule change if it appears to applications for physical damage is July users of the activation and make the the Commission that such action is 12, 2000 and for economic injury the necessary system changes.7 The necessary or appropriate in the public deadline is February 13, 2001. Exchange proposes Sell Order interest, for the protection of investors (Catalog of Federal Domestic Assistance Enhancement features in order to or otherwise in furtherance of the Program Nos. 59002 and 59008) provide automatic price improvement to purposes of the Act. orders that were previously excluded Dated: June 14, 2000. from price improvement. IV. Solicitation of Comments Bernard Kulik, Associate Administrator for Disaster 2. Statutory Basis Interested persons are invited to Assistance. submit written data, views, and The Exchange represents that the [FR Doc. 00–16254 Filed 6–27–00; 8:45 am] arguments concerning the foregoing proposed rule change is consistent with BILLING CODE 8025±01±U Section 6(b) of the Act 8 in general, and including whether the proposed rule furthers the objectives of Section change is consistent with the Act. 6(b)(5) 9 in particular, in that it is Persons making written submissions designed to remove impediments to and should file six copies thereof with the DEPARTMENT OF STATE perfect the mechanism of a free and Secretary, Securities and Exchange open market and a national market Commission, 450 Fifth Street, NW, Bureau of Economic and Business system, as well as to protect investors Washington, DC 20549–0609. Copies of Affairs Finding of No Significant and the public interest by providing the submission, all subsequent Impact: City of Sumas, WA amendments, all written statements automatic price improvement to more [Public Notice 3344] equity orders which should in turn with respect to the proposed rule enhance the speed of execution for a change that are filed with the AGENCY: Department of State. larger number of orders as well as Commission, and all written ACTION: Notice of a finding of no provide executions at better prices. communications relating to the significant impact with regard to an B. Self-Regulatory Organization’s proposed rule change between the application to construct, operate and Statement on Burden on Competition Commission and any person, other than maintain a pipeline to transport water those that may be withheld from the across the U.S.-Canada border. The Phlx represents that it does not public in accordance with the believe that the proposed rule change provisions of 5 U.S.C. 552, will be SUMMARY: The Department of State has will impose any burden on competition available for inspection and copying in conducted an environmental assessment that is not necessary or appropriate in the Commission’s Public Reference of the proposed construction by the City furtherance of the Act. Room. Copies of such filing will also be of Sumas, Washington, of a pipeline for C. Self-Regulatory Organization’s available for inspection and copying at the transport of water crossing the Statement on Comments on the the principal office of the Phlx. All international boundary near the City of Proposed Rule Change Received from submissions should refer to File No. Sumas, Washington. This information may be viewed upon request in the Members, Participants or Others SR–Phlx–00–43 and should be Office of International Energy and submitted by July 19, 2000. The Exchange has neither solicited Commodity Policy at the Department of nor received written comments on the For the Commission, by the Division of State. proposed rule change. Market Regulation, pursuant to delegated Based on this information, the 12 III. Date of Effectiveness of the authority. Department of State has concluded that Proposed Rule Change and Timing for Margaret H. McFarland, issuance of a Presidential Permit Commission Action Deputy Secretary. authorizing construction of the pipeline The proposed rule change has become [FR Doc. 00–16304 Filed 6–27–00; 8:45 am] will not have a significant effect on the effective pursuant to Section 19(b)(3)(A) BILLING CODE 8010±01±M existing vegetation and wildlife, water resources, land use, air quality and human population within the United 6 See Phlx Rule 229, Commentary. 07(c)(iii) 7 See Securities Exchange Act Release No. 39548 States. In reaching this conclusion, the (January 13, 1998), 63 FR 3595 (January 23, 1998). 10 15 U.S.C. 78s(b)(3)(A). Department of State considered several 8 15 U.S.C. 78f(b). 11 17 CFR 240.19b–4(f)(5). alternatives, including a no-action 9 15 U.S.C. 78f(b)(5). 12 17 CFR 200.30–3(a)(12). alternative.

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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

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39977 available for public inspection in the SOUTH Fares 0023 dated 6 June 2000; the Answer period DOT may process the USTR Reading Room (Room 101) at the Intended effective date: 1 October 2000. application by expedited procedures. Such procedures may consist of the address noted above. An appointment to Andrea M. Jenkins, review the file may be made by calling adoption of a show-cause order, a Federal Register Liaison. Brenda Webb at (202) 395–6186. The tentative order, or in appropriate cases [FR Doc. 00–16384 Filed 6–27–00; 8:45 am] Reading Room is open to the public a final order without further from 10 a.m. to 12 noon, and from 1 BILLING CODE 4910±62±P proceedings. p.m. to 4 p.m. Monday through Friday. Docket Number: OST–1999–6319. Date Filed: June 12, 2000. Business confidential information DEPARTMENT OF TRANSPORTATION Due Date for Answers, Conforming will be subject to the requirements of 15 Office of the Secretary Applications, or Motion to Modify CFR 2003.6. Any business confidential Scope: July 3, 2000. material must be clearly marked as such Aviation Proceedings, Agreements Description: Application of Northwest on the cover letter or page and each Filed During the Week Ending June 16, Airlines, Inc. pursuant to 49 U.S.C. succeeding page, and must be 2000 Section 41102 and Subpart B, applies to accompanied by a non-confidential amend its Experimental Certificate of summary thereof. If the submission The following Agreements were filed Public Convenience and Necessity for contains business confidential with the Department of Transportation Route 564 (U.S.-Mexico) to incorporate information, twenty (20) copies of a under the provisions of 49 U.S.C. segments authorizing service between public version that does not contain Sections 412 and 414. Answers may be Newark and Acapulco, Puerto Vallarta confidential information must be filed within 21 days after the filing of and San Jose del Cabo. the application. submitted. A justification as to why the Docket Number: OST–2000–7525. information contained in the Docket Number: OST–2000–7516. Date Filed: June 15, 2000. submission should be treated Date Filed:June 13, 2000. Due Date for Answers, Conforming Parties: Members of the International Applications, or Motion to Modify confidentially must be included in the Air Transport Association. submission. In addition, any Subject: CAC/28/Meet/004/00 dated Scope: July 6, 2000. Description: Application of Emery submissions containing business May 29, 2000; Expedited Reso 813; Worldwide Airlines, Inc. (‘‘Emery Air’’) confidential information must be clearly Intended effective date: July 1, 2000. marked ‘‘Confidential’’ at the top and pursuant to 49 U.S.C. 41102 and Docket Number: OST–2000–7539. Subpart B, requests amendment of its bottom of the cover page (or letter) and Date Filed: June 16, 2000. each succeeding page of the submission. Parties: Members of the International Route 743 certificate authority to The version that does not contain Air Transport Association. incorporate all of its currently-held confidential information should also be Subject: Request of IATA pursuant to U.S.-Mexico exemption authority. Emery Air asks for authority to integrate clearly marked, at the top and bottom of 49 U.S.C. Sections 41308, 41309 and its amended Route 743 authority with each page, ‘‘public version’’ or ‘‘non- Parts 303.03, 303.05 and 303.03(c), on its existing certificate and exemption confidential.’’ behalf of member airlines of the International Air Transport Association authority and that the authority become Carmen Suro-Bredie, (IATA) that the Department approve and effective immediately for a five year Chair, Trade Policy Staff Committee. confer antitrust immunity on an period. [FR Doc. 00–16341 Filed 6–27–00; 8:45 am] amendment to the Provisions for the Andrea M. Jenkins, BILLING CODE 3190±01±M Conduct of IATA Traffic Conferences Federal Register Liaison. (the Provisions). [FR Doc. 00–16386 Filed 6–27–00; 8:45 am] Andrea M. Jenkins, BILLING CODE 4910±62±P Federal Register Liaison. DEPARTMENT OF TRANSPORTATION [FR Doc. 00–16385 Filed 6–27–00; 8:45 am] DEPARTMENT OF TRANSPORTATION Office of the Secretary BILLING CODE 4910±62±P Federal Aviation Administration Aviation Proceedings, Agreements [AC 23±18] Filed During the Week Ending June 9, DEPARTMENT OF TRANSPORTATION 2000 Office of the Secretary Advisory Circular (AC) 23±18, Installation of Terrain Awareness and The following Agreements were filed Notice of Applications for Certificates Warning System (TAWS) Approved with the Department of Transportation of Public Convenience and Necessity Under TSO±C151a for Part 23 under the provisions of 49 U.S.C. 412 and Foreign Air Carrier Permits Filed Airplanes and 414. Answers may be filed within Under Subpart Q During the Week 21 days after the filing of the Ending June 16, 2000 AGENCY: Federal Aviation application. Administration, DOT. The following Applications for ACTION: Docket Number: OST–2000–7498. Notice of issuance of Advisory Certificates of Public Convenience and Circular (AC). Date Filed: June 9, 2000. Necessity and Foreign Air Carrier Parties: Members of the International Permits were filed under Subpart Q of SUMMARY: This notice announces the Air Transport Association. the Department of Transportation’s issuance of Advisory Circular (AC) 23– Procedural Regulations (See 14 CFR 18, Installation of Terrain Awareness Subject: PTC31 SOUTH 0085 dated 6 302.1701 et. seq.). The due date for and Warning System (TAWS) Approved June 2000; South Pacific Resolutions r1– Answers, Conforming Applications, or Under TSO–C151a for Part 23 r30; Minutes—PTC31 SOUTH 0086 Motions to modify Scope are set forth Airplanes. This AC establishes an dated 6 June 2000; Tables—PTC31 below for each application. Following acceptable means, but not the only

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39978 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices means, of obtaining FAA airworthiness include an additional 25 percent of the availability of this program for public approval for the installation of a TAWS total price to cover handling. No C.O.D. review and comment. that has been approved under Technical orders are accepted. Under section 103 of Title I of the Standard Order (TSO)–C151a, Terrain Issued in Kansas City, Missouri, on June Aviation Safety and Noise Abatement Awareness and Warning System, in a 20, 2000. Act of 1979 (hereinafter referred to as Part 23 airplane. Larry Werth, ‘‘the Act’’), an airport operator may submit to the FAA noise exposure maps DATES: On June 14, 2000, the Small Acting Manager, Small Airplane Directorate, Airplane Directorate issued AC 23–18. Aircraft Certification Service. which meet applicable regulations and which depict non-compatible land uses How To Request Copies: Copies of the [FR Doc. 00–16332 Filed 6–27–00; 8:45 am] as of the date of submission of such AC are available from the U.S. BILLING CODE 4910±13±P Department of Transportation, maps, a description of projected aircraft Subsequent Distribution Office, operations, and the ways in which such Ardmore East Business Center, 3341 Q DEPARTMENT OF TRANSPORTATION operations will affect such maps. The 75th Avenue, Landover, MD 20785. The Act requires such maps to be developed advisory circular is also available on the Federal Aviation Administration in consultation with interested and internet at http://www.faa.gov/avr/air/ affected parties in the local community, Noise Exposure Map Notice; Receipt of airhome.htm. government agencies, and persons using Noise Compatibility Program and the airport. Issued in Kansas City, Missouri, on June Request for Review An airport operator who has 20, 2000. submitted noise exposure maps that are AGENCY: Larry Werth, Federal Aviation found by FAA to be in compliance with Acting Manager, Small Airplane Directorate, Administration. the requirements of Federal Aviation Aircraft Certification Service. ACTION: Notice. Regulations (FAR) Part 150, [FR Doc. 00–16331 Filed 6–27–00; 8:45 am] SUMMARY: The Federal Aviation promulgated pursuant to Title I of the BILLING CODE 4910±13±P Administration (FAA) announces its Act, may submit a noise compatibility determination that the noise exposure program for FAA approval which sets maps submitted by the City and forth the measures the operator has DEPARTMENT OF TRANSPORTATION Borough of Juneau, Alaska for the taken or proposes for the reduction of existing non-compatible uses and for the Federal Aviation Administration Juneau International Airport under the provisions of Title I of the Aviation prevention of the introduction of [(AC) 23±17] Safety and Noise Abatement Act of 1979 additional non-compatible uses. (Public Law 96–193) and 14 CFR part The City and Borough of Juneau submitted to the FAA on July 8, 1999 Advisory Circular: Systems and 150 are in compliance with applicable noise exposure maps, descriptions and Equipment Guide for Certification of requirements. The FAA also announces other documentation which were Part 23 Airplanes that it is reviewing a proposed noise produced during the 1999 Noise compatibility program that was AGENCY: Federal Aviation Compatibility Program for the Juneau submitted for the Juneau International Administration (FAA), DOT. International Airport FAR Part 150 Airport under Part 150 in conjunction ACTION: Notice of Issuance of Advisory Update. It was requested that the FAA with the noise exposure map, and that Circular. review this material as the noise this program will be approved or exposure maps, as described in section disapproved on or before December 13, SUMMARY: This notice announces the 103(a)(1) of the Act, and that the noise issuance of Advisory Circular (AC) 23– 2000. mitigation measures, to be implemented 17, Systems and Equipment Guide for EFFECTIVE DATE: The effective date of the jointly by the airport and surrounding Certification of Part 23 Airplanes. FAA’s determination on the noise communities, be approved as a noise Advisory Circular 23–17 provides exposure maps and of the start of its compatibility program under section information and guidance concerning review of the associated noise 104(b) of the Act. acceptable means, but not the only compatibility program is June 16, 2000. The FAA has completed its review of means, of showing compliance with Part The public comment period ends the noise exposure maps and related 23 applicable to Subpart D from August 15, 2000. descriptions submitted by the City and § 23.671 and Subpart F. FOR FURTHER INFORMATION CONTACT: Borough of Juneau. The specific maps DATES: On April 25, 2000, the Small James W. Lomen, Federal Aviation under consideration are Existing (1999) Airplane Directorate issued Advisory Administration, Airports Division, 222 Noise Exposure Maps, figure 8.2 and the Circular 23–17. West 7th Ave., Box 14, Anchorage, Five-Year Future (2004) Noise Exposure How To Obtain Copies: AC 23–17 is Alaska 99513, (907) 271–5816. Map, Figure 8.3 in the submission. The available on the internet at http:// Comments on the proposed noise FAA has determined that these maps for www.faa.gov/avr/air/airhome.htm. A compatibility program should also be the Juneau International Airport are in copy of AC 23–17 may be also ordered submitted to the above office. compliance with applicable from the Superintendent of Documents, SUPPLEMENTARY INFORMATION: This requirements. This determination is Post Office Box 371954, Pittsburgh, PA notice announces that the FAA finds effective on June 16, 2000. FAA’s 15250–7954. Identify the publication as that the noise exposure maps submitted determination on an airport operator’s AC 23–17, Systems and Equipment for the Juneau International Airport are noise exposure maps is limited to a Guide for Certification of Part 23 in compliance with applicable finding that the maps were developed in Airplanes, Stock Number 050–007– requirements of Part 150, effective June accordance with the procedures 01287–0. The cost of AC 23–17 is 16, 2000. Further, FAA is reviewing a contained in appendix A of FAR Part $21.00. Send a check or money order proposed noise compatibility program 105. Such determination does not with your request, made payable to the for that airport which will be approved constitute approval of the applicant’s Superintendent of Documents. Orders or disapproved on or before December data, information or plans, or a for mailing to foreign countries should 13, 2000. This notice also announces the commitment to approve a noise

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39979 compatibility program or to fund the extent practicable. Copies of the noise FOR FURTHER INFORMATION CONTACT: implementation of that program. exposure maps, the FAA’s evaluation of Michael Wheeler, FAA, Manager, If questions arise concerning the the maps, and the proposed noise Cincinnati Airport Traffic Control precise relationship of specific compatibility program are available for Tower, Cincinnati/Northern Kentucky properties to noise exposure contours examination at the following locations: International Airport, P.O. Box 75003, depicted on a noise exposure map Federal Aviation Administration, 800 Cincinnati, OH 45275, telephone (859) submitted under section 103 of the Act, Independence Avenue, SW., Room 372–6400. it should be noted that the FAA is not 617, Washington, DC 20591 SUPPLEMENTARY INFORMATION: involved in any way in determining the Federal Aviation Administration, Meeting Procedures relative locations of specific properties Alaskan Region, Airports Division, with regard to the depicted noise AAL–600, 222 West 7th Ave., Box 14, (a) These meetings will be informal in contours, or in interpreting the noise Anchorage, Alaska 99513 nature and will be conducted by a exposure maps to resolve questions Juneau International Airport, Attn.: representative of the FAA Southern concerning, for example, which Allen Heese, Manager, 1873 Shell Region. A representative from the FAA properties should be covered by the Simmons Drive, Juneau, Alaska will present a formal briefing on the provisions of section 107 of the Act. 99801. planned changes to the Class B airspace These functions are inseparable from Questions may be directed to the area. Each participant will be given an the ultimate land use control and individual named above under the opportunity to deliver comments or planning responsibilities of local heading, FOR FURTHER INFORMATION make a presentation at the meetings. government. These local responsibilities CONTACT. (b) These meetings will be open to all are not changed in any way under Part persons on a space-available basis. 150 or through FAA’s review of noise Issued in Anchorage, Alaska on June 16, There will be no admission fee or other 2000. exposure maps. Therefore, the charge to attend and participate. responsibility for the detailed Ronnie V. Simpson, (c) Any person wishing to make a overlaying of noise exposure contours Airports Division, AAL–600, Alaskan Region. presentation to the FAA panel will be onto the map depicting properties on [FR Doc. 00–16340 Filed 6–27–00; 8:45 am] asked to sign in and estimate the the surface rests exclusively with the BILLING CODE 4910±13±M amount of time needed for such airport operator which submitted those presentation. This will permit the panel maps, or with those public agencies and to allocate an appropriate amount of planning agencies with which DEPARTMENT OF TRANSPORTATION time for each presenter. consultation is required under section (d) These meetings will not be Federal Aviation Administration 103 of the Act. The FAA has relied on adjourned until everyone on the list has the certification by the airport operator, had an opportunity to address the panel. under section 150.21 of FAR Part 150, Planned Modification of the Cincinnati Class B Airspace Area, OH (e) Position papers or other handout that the statutorily required consultation material relating to the substance of has been accomplished. AGENCY: Federal Aviation these meetings will be accepted. The FAA has formally received the Administration (FAA), DOT. Participants wishing to submit handout noise compatibility program for the ACTION: Notice of public meetings. material should present three copies to Juneau International Airport, also the presiding officer. There should be effective on June 16, 2000. Preliminary SUMMARY: This notice announces two additional copies of each handout review of the submitted material fact-finding informal airspace meetings. available for other attendees. indicates that it conforms to the The purpose of these meetings is to (f) These meetings will not be requirements for the submittal of noise provide interested parties an formally recorded. compatibility programs, but the further opportunity to present views, review will be necessary prior to recommendations, and comments on the Agenda for the Meetings approval or disapproval of the program. plan to modify the Cincinnati Class B Presentation of Meeting Procedures. The formal review period, limited by Airspace Area. All comments received Presentation of the planned Class B law to a maximum of 180 days, will be during these meetings will be Airspace Area Modification. completed on or before December 13, considered prior to any revision or Public Presentations and Discussions. 2000. issuance of a notice of proposed Closing Comments. The FAA’s detailed evaluation will be rulemaking. conducted under the provisions of 14 Issued in Washington, DC, on June 22, TIMES AND DATES: 2000. CFR Part 150, section 150.33. The Meetings. These primary considerations in the informal airspace meetings will be held Reginald C. Matthews, evaluation process are whether the on Wednesday, August 16, 2000, at 7:00 Manager, Airspace and Rules Division. proposed measures may reduce the level pm–9:00 pm; and Thursday, August 17, [FR Doc. 00–16328 Filed 6–27–00; 8:45 am] 2000, at 7:00 pm–9:00 pm. Comments of aviation safety, create an undue BILLING CODE 4910±13±P burden on interstate or foreign must be received on or before commerce, or be reasonably consistent September 18, 2000. with obtaining the goal of reducing ADDRESSES: On August 16 and August DEPARTMENT OF TRANSPORTATION existing non-compatible land uses and 17, 2000, the meetings will be held at Federal Railroad Administration preventing the introduction of the Dennert’s Community Meeting Room, Lunken Airport, 351 Wilmer additional non-compatible land uses. Petition for Waiver of Compliance Interested persons are invited to Avenue, Cincinnati, OH. comment on the proposed program with COMMENTS: Send comments on the In accordance with Part 211 of Title specific reference to these factors. All planned modification in triplicate to: 49 Code of Federal Regulations (CFR), comments, other than those properly Manager, Air Traffic Division, ASO– notice is hereby given that the Federal addressed to local land use authorities, 500, Federal Aviation Administration, Railroad Administration (FRA) received will be considered by the FAA to the P.O. Box 20636, Atlanta, GA 30320. a request for a waiver of compliance

VerDate 112000 20:36 Jun 27, 2000 Jkt 190000 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM pfrm02 PsN: 28JNN1 39980 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices with certain requirements of its safety must be submitted in triplicate to the These locomotives are used standards. The individual petition is Docket Clerk, DOT Central Docket exclusively by Columbia Business described below, including the party Management Facility, Room Pl–401, Center on 2.81 miles of Columbia seeking relief, the regulatory provisions Washington, DC 20590–001. Business Center owned track within the involved, the nature of the relief being Communications received within 30 Columbia Business Center Industrial requested, and the petitioner’s days of the date of this notice will be Park. The railroad has had no accidents, arguments in favor of relief. considered by FRA before final action is incidents, or acts of vandalism relative Canadian National/Illinois Central taken. Comments received after that to the proposed relief. Interested parties are invited to Railroad (CN/IC) (Waiver Petition date will be considered as far as participate in these proceedings by Docket Number FRA–1999–6143) practicable. All written communications concerning these proceedings are submitting written views, data, or CN/IC is seeking a permanent waiver available for examination during regular comments. FRA does not anticipate of compliance with the Railroad Safety business hours (9:00 a.m.–5:00 p.m.) at scheduling a public hearing in Appliance Standards, 49 CFR part the DOT Central Docket Management connection with these proceedings since 231.27(b)(4)(ii), which requires that Facility, Room Pl–401 (Plaza Level), 400 the facts do not appear to warrant a ‘‘When made of material other than 7th Street, SW, Washington, DC 20590. hearing. If any interested party desires wood, the tread surface shall be of anti- All documents in the public docket are an opportunity for oral comment, they skid design and constructed with also available for inspection and should notify FRA, in writing, before sufficient open space to permit the copying on the Internet at the docket the end of the comment period and elimination of snow and ice from the facility’s web site at http://dms.dot.gov. specify the basis for their request. tread surface.’’ In FRA’s Technical All communications concerning these Bulletin MP&E 98–17, issued on June Issued in Washington, DC on June 22, 2000. proceedings should identify the 15, 1998 (originally issued in 1990 as appropriate docket number (e.g., Waiver Grady C. Cothen, Jr., Technical Bulletin MP&E 90–11) the Petition Docket Number 2000–7301) and floor most closely resemble cars Deputy Associate Administrator for Safety must be submitted to the Docket Clerk, Standards and Program Development. described in Part 231.27, ‘‘House and DOT Docket Management Facility, other box cars without hatch covers [FR Doc. 00–16352 Filed 6–27–00; 8:45 am] Room PL–401 (Plaza Level), 400 7th built or put in service after October 1, BILLING CODE 4910±06±P Street, SW, Washington, DC 20590. 1966.’’ CN/IC states that its 350 cars Communications received within 45 (reporting marks ICG 978650 to and days of the date of this notice will be DEPARTMENT OF TRANSPORTATION including 978999) were built between considered by FRA before final action is 1981 and 1982. CN/IC further states that Federal Railroad Administration taken. Comments received after that the original specifications for the car’s date will be considered as far as construction required that all safety Petition for Waiver of Compliance practicable. All written communications appliances will be in accordance with concerning these proceedings are the United States Safety Appliance In accordance with Part 211 of Title available for examination during regular Standards and Power Brake 49 Code of Federal Regulations (CFR), business hours (9:00 a.m.–5:00 p.m.) at Requirements as issued by FRA. CN/IC notice is hereby given that the Federal the above facility. All documents in the was under the assumption that the cars Railroad Administration (FRA) received public docket are also available for would have been grandfathered as a request for a waiver of compliance inspection and copying on the Internet having an excepted design. CN/IC cited with certain requirements of its safety at the docket facility’s web site at http:/ its records which indicate that the car’s standards. The individual petition is /dms.dot.gov. end platform arrangements have never described below, including the party been stipulated as the primary or Issued in Washington, DC on June 22, seeking relief, the regulatory provisions 2000. secondary cause in a personnel injury. involved, the nature of the relief being Grady C. Cothen, Jr., CN/IC maintains that the demand for requested, and the petitioner’s the bulkhead flatcars has been minimal, arguments in favor of relief. Deputy Associate Administrator for Safety and thirty-one percent of the cars are Standards and Program Development. either retired, bad ordered, not Columbia Business Center (Waiver [FR Doc. 00–16355 Filed 6–27–00; 8:45 am] operating in the U.S., or in storage. Petition Docket Number FRA–2000– BILLING CODE 4910±06±P Therefore, CN/IC requests that a waiver 7301) of compliance be granted for this series Columbia Business Center of DEPARTMENT OF TRANSPORTATION of cars. Vancouver, Washington, seeks a Interested parties are invited to permanent waiver of compliance from Federal Railroad Administration participate in these proceedings by the requirements of 49 CFR part 223, submitting written views, data, or Safety Glazing Standards, for its two Petition for Waiver of Compliance comments. FRA does not anticipate locomotives. This request was formerly In accordance with Part 211 of Title scheduling a public hearing in handled under FRA docket number 49 Code of Federal Regulations (CFR), connection with these proceedings since RSGM–98–1. The subjects of this notice is hereby given that the Federal the facts do not appear to warrant a petition are a GE 80-ton center cab (940 Railroad Administration (FRA) received hearing. If any interested party desires HP) locomotive and a GE 25-ton (150 a request for a waiver of compliance an opportunity for oral comment, they HP) locomotive. Both units currently with certain requirements of its safety should notify FRA, in writing, before have laminated glass throughout the standards. The individual petition is the end of the comment period and cabs showing the following information: specify the basis for their request. described below, including the party All communications concerning these Safety Duolite A52,95 seeking relief, the regulatory provisions proceedings should identify the Viracon-1 Lam.DOT129,16CFR,1201 involved, the nature of the relief being appropriate docket number (e.g., Waiver M40 CAT. II/A5–1,09,88 requested, and the petitioner’s Petition Docket Number 1999–6143) and Hi-test Safety Sheet AS,FV. arguments in favor of relief.

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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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AGENCY: Veterans Benefits Branch, New Executive Office Building, Subsequent meetings have tentatively Administration, Department of Veterans Room 10235, Washington, DC 20503 been scheduled for October 2000 and Affairs. (202) 395–4650. Please refer to ‘‘OMB January 2001. These quarterly meetings ACTION: Notice. Control No. 2900–0180’’ in any will be in lieu of an annual CIREN correspondence. conference. SUMMARY: In compliance with the Dated: June 14, 2000. Paperwork Reduction Act (PRA) of 1995 By direction of the Secretary. FOR FURTHER INFORMATION CONTACT: Mrs. (44 U.S.C., 3501 et seq.), this notice Sandra McIntyre, Donna Stemski, Office of Human- announces that the Veterans Benefits Centered Research, 400 Seventh Street, Management Analyst, Information Administration (VBA), Department of Management Service. S.W., Room 6206, Washington, DC Veterans Affairs, has submitted the [FR Doc. 00–16390 Filed 6–27–00; 8:45 am] 20590, telephone: (202) 366–5662. collection of information abstracted BILLING CODE 8320±01±P Issued on: June 14, 2000 below to the Office of Management and Raymond P. Owings, Budget (OMB) for review and comment. The PRA submission describes the Associate Administrator for Research and DEPARTMENT OF VETERANS Development, National Highway Traffic nature of the information collection and AFFAIRS Safety Administration. its expected cost and burden; it includes [FR Doc. 00–16387 Filed 6–27–00; 8:45 am] the actual data collection instrument. Veterans' Advisory Committee on BILLING CODE 4910±59±P DATES: Comments must be submitted on Environmental Hazards; Notice of or before July 28, 2000. Meeting FOR FURTHER INFORMATION OR A COPY OF The Department of Veterans Affairs THE SUBMISSION CONTACT: Denise (VA) gives notice under Public Law 92– UNITED STATES INSTITUTE OF McLamb, Information Management 463 that a meeting of the Veterans’ PEACE Service (045A4), Department of Advisory Committee on Environmental Veterans Affairs, 810 Vermont Avenue, Hazards will be held on Thursday and Announcement of the Fall Unsolicited NW., Washington, DC 20420, (202) 273– Friday, July 27–28, 2000, VA Central Grant Competition Grant Program 8030 or FAX (202) 273–5981. Please Office, 810 Vermont Avenue, NW, Room refer to ‘‘OMB’’ Control No. 2900–0180. AGENCY: United States Institute of Peace. 430, Washington, DC 20420. The SUPPLEMENTARY INFORMATION: meeting will convene at 9:00 a.m. and ACTION: Notice. Title: Compliance Report of adjourn at 5:00 p.m. on both days. Proprietary Institutions, VA Form 27– The purpose of the meeting is to SUMMARY: The Agency announces its 4274. review information relating to the health Upcoming Fall Unsolicited Grant OMB Control Number: 2900–0180. effects of exposure to ionizing radiation. Deadline, which offers support for Type of Review: Reinstatement, The major items on the agenda for both research, education and training, and without change, of a previously days will be discussions and analyses of the dissemination of information on approved collection for which approval medical and scientific papers international peace and conflict has expired. concerning the health effects of resolution. Abstract: VA Form 27–4274 is used to exposure to ionizing radiation. On the Deadline: October 1, 2000. determine whether or not proprietary basis of their analyses and discussions, DATES: Application Material Available educational institutions receiving the Committee may make on Request. Receipt Date for Return of Federal financial assistance are in recommendations to the Secretary Application: October 1, 2000. compliance with applicable civil rights concerning diseases that are the result of Notification of Awards: February 2001. statute and regulations. The collected exposure to ionizing radiation. The information is used to identify areas that agenda for the second day will include ADDRESSES: For Application Package: may indicate, statistically, disparate planning future Committee activities United States Institute of Peace, Grant treatment of minority group members. and assignment of tasks among the Program, Unsolicited Grants, 1200 17th An agency may not conduct or members. Street, NW, Suite 200, Washington, DC sponsor, and a person is not required to The meeting is open to the public on 20036–3011, (202) 429–3842 (phone), respond to a collection of information both days. Those who wish to attend (202) 429–6063 (fax), (202) 457–1719 unless it displays a currently valid OMB should contact Ms. Ersie Farber-Collins _ (TTY), Email: grant [email protected]. control number. The Federal Register of the Department of Veterans Affairs, Applications also available on-line at Notice with a 60-day comment period Compensation and Pension Service, 810 our web site: www.usip.org. soliciting comments on this collection Vermont Avenue, NW, Washington, DC FOR FURTHER INFORMATION CONTACT: The of information was published on April 20420, prior to July 27, 2000. Ms. Grant Program, Phone (202)–429–3842. 11, 2000, at pages 19434–19435. Farber-Collins may also be reached at Affected Public: Business or other for- 202–273–7268. Dated: June 22, 2000. profit. Members of the public may submit Bernice J. Carney, Estimated Annual Burden: 124 hours. written questions or prepared Director, Office of Administration. Estimated Average Burden Per statements for review by the Committee [FR Doc. 00–16317 Filed 6–27–00; 8:45 am] Respondent: 60 minutes. in advance of the meeting. Submitted BILLING CODE 6820±AR±M Frequency of Response: On occasion. material must be received at least five

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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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This change to the Net Income time for submission of the FDS for PHAs component threshold level is Modification to Current Ratio and to ensure the most accurate GAAP incorporated in the indicator Months Expendable Fund Balance reporting possible. For the first four discussions in Appendix 1. Scoring quarters of reporting (9/30/99, 12/31/99, 3/31/00, and 6/30/00), every PHA will The scoring methodologies for the Low Rent-Only Assessment Versus Entity-Wide Assessment receive an automatic one month Current Ratio (CR) and Months extension for submission of the FDS. Expendable Fund Balance (MEFB) As a result of discussions among Following the first four quarters, PHAs components of the Financial Condition representatives from HUD, PHAs and must submit within two months of their Indicator award slightly less points to industry groups, REAC has modified the fiscal year end, with a 15 day grace PHAs whose ratios indicate that their first four quarters of scores to produce period. liquidity and/or expendable fund both low rent and entity-wide financial balance are too high. These PHAs fall assessments. The Non-GAAP Advisory Removal of Marginal Designation Level beyond the 80th percentile of the peer Scores that have been produced for group distribution of CR and/or MEFB PHAs from 9/30/98 through 6/30/99 The previous performance values respectively. These PHAs can have been based on financial designation levels included a marginal lose up to 1.5 points out of the 9 information for PHAs’ Low Rent designation for PHAs that received possible points for each of the two Program only. The GAAP-based scoring between 18 and 21 points out of the indicators. This system was established of PHAS is intended to capture an total 30 points attainable for the because HUD believes that PHAs with assessment of the financial condition of Financial Condition Indicator. This too high expendable fund balance and a PHA as a whole, which would designation has been removed from the liquidity could be better utilizing their incorporate all program activities, i.e. an PHAS rule. The new performance resources to improve the quality of entity-wide assessment. However, in designations are as follows: housing or services to their residents. order to provide a parallel basis for Points received Designation However, in recognition of PHAs who comparison, the REAC has modified the are performing well in their quality of assessment for the first year of scores. Less than 18 ...... Troubled. housing and resident services, HUD has The first four quarters of scores (9/30/ 18 to 27 ...... Standard. modified this scoring methodology. 99 fiscal year ends through 6/30/00 27 or more ...... High. REAC will restore any points lost by fiscal year ends) will be based on GAAP PHAs for falling beyond the 80th Low Rent-only information. For the first The performance designations are set percentile if: three quarters, these scores will be forth in § 902.67 of the PHAS rule, —The PHA is a high performer under advisory; for the last quarter, this score published in the Federal Register on the Physical Assessment Subsystem, will be enforceable. GAAP-based Entity- January 11, 2000. and wide scores will also be produced, but —The PHA is not required to submit a used for advisory purposes only during Threshold Reevaluation Schedule follow-up plan under the Resident the first four quarters. Thereafter, all Satisfaction Assessment Subsystem. The June 23, 1999 Financial scores will be based on an entity-wide Condition Scoring Process Notice The points restored will be added to assessment. indicated that thresholds would be There are two primary differences the total PHAS score. reassessed on a quarterly basis. This The modification of the scoring between the low rent only and the entity schedule has been modified. See penalty has been incorporated into wide assessments. First, each Appendices 2 and 3 for the thresholds. Appendix 1. assessment uses a different unit count The thresholds listed in this Notice, for a PHA (low rent only units v. all Change to Net Income Component which are based on a sample of PHAs program units), which may result in a Threshold Level reporting under GAAP prior to 9/30/99, PHA falling into different size peer will be used for all unaudited and The Net Income (NI) component groups depending on the level of its audited financial submissions through previously had a threshold of ¥10%; other program activity. Second, the low June 30, 2000. At that point the i.e. a PHA with a net loss for the year rent only assessment includes inter- thresholds will be reevaluated based on and positive expendable fund balance program due from and due to line items the full year’s worth of unaudited and (EFB), and whose net loss was greater as part of current assets and current available audited GAAP data. than 10% of its reserve (EFB) level liabilities. However, for the entity-wide Thereafter, REAC plans to keep the would receive zero points. HUD assessment, these line items net to zero reevaluated thresholds constant for a recognizes that at times it is necessary and thus are not included in neither the three year period, unless there is a need for a PHA to draw down from its assets nor the liabilities for purposes of for revisions. reserves (EFB) to take measures to the overall assessment. improve its financial position. This The chart below shows the six action would, however, result in a less Financial Submission Deadlines components that constitute the favorable NI ratio. Therefore, in order to PHAs with fiscal years ending Financial Condition Indicator and their provide more flexibility to PHAs in September 30, 1999, and later, are assigned points.

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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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At mulative and not to be as- Management and Net Income as a the time of the unaudited submission sessed for each audit or inter- Percentage of Fund Balance) assign zero the form is used as a self-assessment nal control flag. points to PHAs that fall only in the tool and should reflect the PHA’s extreme outer ranges of the distribution knowledge of their financial and Review of Audited Versus Unaudited of values, and award 1.5 points to the internal control condition and should Submission remaining PHAs. The scoring functions acknowledge their understanding of and thresholds derived from these what the auditor will report. In the The purpose of a comparison of the distributions can be found in PHAS final rule, published September ratios and scores resulting from the Appendices 1, 2, and 3. 1, 1998, HUD discussed the review of current year’s unaudited Financial Data Audit Adjustments audit and internal control flags as Schedule submission to the ratios and follows, and also included the following scores resulting from the current year’s There are two types of adjustments chart. (See 63 FR 46607, September 1, audited submission is to: related to financial audit information. 1998). The first type deals with the audit flags Identify material changes in ratio calculation results and/or scores from and reports that result from the audit PHAS itself. Reportable conditions and Type of flag points de- the unaudited submission to the audited material weaknesses are considered to ducted submission; be audit flags, alerting REAC to an Identify PHA’s that consistently internal control weakness or an instance Unqualified Opinion ...... 0 provide materially different data from of noncompliance with Federal laws No audit opinion ...... 30 Adverse opinion ...... 30 their unaudited submission to their and regulations. The second adjustment Disclaimer of opinion ...... 30 audited submission; deals with material differences between Qualified opinion ...... (*) Assess or alleviate penalties the unaudited and audited financial Going concern opinion ...... 30 associated with the inability to provide information reported to HUD. Material weakness in internal reasonably accurate unaudited data Audit Opinion and Flags control ...... (*) within the required time period. Reportable condition ...... (*) As part of the analysis of the financial Findings of non-compliance This review process will only be health of a PHA including assessment of and/or questioned costs ...... (*) performed for the audited submission. the potential or actual waste, fraud or Indicator outlier analyses ...... (*) Materiality and Penalty Assessment abuse at a PHA, HUD will look to the * Note: See table titled ``Audit Flags and Tier Audit Report to provide an additional Classification'' for PHAS points to be deducted REAC views the transmission of basis for accepting or adjusting financial materially inaccurate unaudited component scores. (See 63 FR 46607, If the OMB A–133 Data Collection Form indicates that the auditor’s financial data as a serious condition. September 1, 1998) The information Therefore, PHAs are encouraged to collected from the annual audit report opinion will be anything other than unqualified, PHAS will automatically assure financial data is as reliable as pertains to the type of audit opinion, possible at the 2 month submission. details of the audit opinion, and the deduct the appropriate points based on presence of reportable conditions and the above table. The points have been A materiality penalty will be assessed material weaknesses. established by REAC using a three-tier for material differences between the If the auditor’s opinion is anything system. The tiers are meant to give unaudited and audited submissions. A other than unqualified, points will be consideration to the seriousness of the material change is considered to be an deducted from the financial components audit qualification and to limit the overall FASS score decrease of three or to determine the PHA’s financial score. deducted points to a reasonable portion more points from the unaudited to The points to be deducted have been of the PHA’s total, actual score. The audited submission. The PHAS system established by REAC using a system that tiers, as established by REAC, are also automatically deducts the applicable considers the seriousness of the audit defined below. points and this reduction triggers the qualification and limits the deducted REAC analyst’s review. points to a reasonable portion of the AUDIT FLAG TIERS REAC may waive the materiality PHA’s available score. penalty if the PHA provides reasonable Tier PHAS points deducted REAC will review audit flags to documentation of the material determine their significance as it difference in its submission. directly pertains to the assessment of Tier 1...... Maximum reduction: Lesser of 30 points or 100 percent of the PHA’s financial condition. If the flag A materiality penalty is considered a the PHA's total unadjusted Tier 3 audit flag, and will result in a has no effect on the financial PHAS score. components or the overall financial reduction of points as associated with Tier 2 ...... Maximum reduction: Lesser of 3 all other Tier 3 audit flags. condition of the PHA as it relates to the points or 10 percent of the PHAS assessment, the score will not be PHA's total unadjusted PHAS The table below summarizes the audit adjusted. However, if the flags have an score. flags and associated tier classifications.

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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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