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1 II Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000

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2 III

Contents Federal Register Vol. 65, No. 29

Friday, February 11, 2000

Agriculture Department See Navy Department See Food Safety and Inspection Service NOTICES See Forest Service Federal Acquisition Regulation (FAR): See Rural Utilities Service Agency information collection activities— NOTICES Submission for OMB review; comment request, 6998– Federal Activities Inventory Reform Act; commercial 6999 inventory; availability, 6979 Education Department Army Department PROPOSED RULES See Engineers Corps Postsecondary education: RULES Teacher Quality Enhancement Grants Program, 6936– Privacy Act; implementation, 6894–6895 6946 NOTICES Blind or Severely Disabled, Committee for Purchase From Agency information collection activities: People Who Are Proposed collection; comment request, 7001–7002 See Committee for Purchase From People Who Are Blind or Submission for OMB review; comment request, 7002– Severely Disabled 7003 Meetings: Centers for Disease Control and Prevention National Commission on Mathematics and Science NOTICES Teaching for the 21st Century, 7003–7004 Grants and cooperative agreements; availability, etc.: Intimate partner violence and sexual violence Emergency Oil and Gas Guaranteed Loan Board prevention— RULES Extramural injury research, 7018–7022 Emergency Oil and Gas Guarantee Loan program; Meetings: implementation: Childhood Lead Poisoning Prevention Advisory Application deadline, 6888–6889 Committee, 7022 Emergency Steel Guarantee Loan Board Children and Families Administration RULES NOTICES Emergency Steel Guarantee Loan program; implementation: Meetings: Application deadline, 6888 President’s Committee on Mental Retardation, 7022 Employment Standards Administration Coast Guard NOTICES NOTICES Minimum wages for Federal and federally-assisted Agency information collection activities: construction; general wage determination decisions, Proposed collection; comment request, 7094–7095 7060–7071 Submission for OMB review; comment request, 7095– 7096 Energy Department NOTICES Commerce Department Reports and guidance documents; availability, etc.: See International Trade Administration Pantex plant; safe storage of pits; implementation plan, See National Oceanic and Atmospheric Administration 7004

Committee for Purchase From People Who Are Blind or Engineers Corps Severely Disabled RULES NOTICES Water resources development projects; public use, 6896– Procurement list; additions and deletions, 6981–6983 6903

Community Development Financial Institutions Fund Environmental Protection Agency NOTICES PROPOSED RULES Meetings: Water pollution; effluent guidelines for point source Community Development Advisory Board, 7102 categories: Metal products and machinery point source category; Copyright Office, Library of Congress meeting, 6950 PROPOSED RULES NOTICES Cable compulsory licese: Agency information collection activities: Network station definition, 6946–6950 Submission for OMB review; comment request, 7004– 7005 Defense Department Environmental statements; availability, etc.: See Army Department Agency statements— See Engineers Corps Comment availability, 7005–7006

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Weekly receipts, 7006 Meetings; Sunshine Act, 7017 Meetings: Gulf of Mexico Program Policy Review Board, 7006 Federal Trade Commission Scientific Counselors Board Executive Committee, 7006– NOTICES 7007 Prohibited trade practices: Pesticide, food, and feed additive petitions: DBC Financial, Inc., 7017–7018 Bayer Corp. et al., 7008–7012 Pesticide programs: Treated articles exemption; clarification, 7007–7008 Federal Transit Administration Reports and guidance documents; availability, etc.: NOTICES Hazardous waste combustion facilities; screening level Agency information collection activities: ecological risk assessment protocol, 7012–7013 Proposed collection; comment request, 7096–7097 Superfund; response and remedial actions, proposed settlements, etc.: Fish and Wildlife Service Surrette America Battery Removal Site, NH, 7013 RULES Executive Office of the President Endangered and threatened species: See Management and Budget Office Habitat conservation plans, safe harbor agreements, and See Presidential Documents candidate conservation agreements with assurances, 6916–6921 Federal Aviation Administration PROPOSED RULES PROPOSED RULES Endangered and threatened species: Airworthiness directives: Ohlone tiger beetle, 6952–6960 NOTICES Eurocopter Deutschland GmbH, 6925–6927 Endangered and threatened species: Eurocopter France, 6927–6929 Quino checkerspot butterfly; scientific research permit Federal Communications Commission modification, 7050 Environmental statements; availability, etc.: RULES Incidental take permits— Common carrier services: Sacramento County, CA; habitat conservation plan for Wireline services— Metro Air Park Project, 7050–7052 Advanced telecommunications capability; deployment, 6912–6915 PROPOSED RULES Food and Drug Administration Common carrier services: RULES Satellite communications—- Animal drugs, feeds, and related products: 2 GHz mobile satellite service systems; authorization, Sponsor name and address changes— 6950–6952 Bayer Corp., 6892 Food additives: Federal Emergency Management Agency Adjuvants, production aids and sanitizers— RULES 1,2-dibromo-2,4-dicyanobutane et al., 6889–6892 Disaster assistance: Medical devices: Hurricane Floyd property acquisition and relocation Peripheral iridotomy; neodymium: yttrium: aluminum: grants, 7270–7274 garnet (Nd:YAG) laser; reclassification and NOTICES codification, 6893–6894 Disaster and emergency areas: NOTICES Georgia, 7013–7014 Meetings: North Carolina, 7014–7015 Useful written prescription drug information for patients, South Carolina, 7015–7016 7022–7023 Patent extension; regulatory review period determinations— Federal Highway Administration Wallstent Coronary Endoprosthesis, 7023–7024 NOTICES Reports and guidance documents; availability, etc.: Environmental statements; availability, etc.: International Conference on Harmonization; M4 common Obion and Dyer Counties, KY, 7096 technical document, 7024–7027 Reprocessing and reuse of single-use devices; review Federal Mine Safety and Health Review Commission prioritization scheme; and enforcement priorities for NOTICES single-use devices reprocessed by third parties Meetings; Sunshine Act, 7071 and hospitals, 7027–7029 Federal Reserve System PROPOSED RULES Food Safety and Inspection Service Bank holding companies and change in bank control RULES (Regulation Y): Meat and poultry inspection: Tying restrictions; revisions, 6924–6925 Federal Meat Inspection and Poultry Products Inspection NOTICES Acts; State designations— Banks and bank holding companies: Minnesota, 6886–6888 Change in bank control, 7016–7017 Meetings: Formations, acquisitions, and mergers, 7017 E. coli in beef products; risk assessment; policy and Permissible nonbanking activities, 7017 regulatory changes, 6881–6886

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Forest Service International Trade Commission NOTICES NOTICES Environmental statements; notice of intent: Import investigations: White River National Forest, CO, 6979–6981 Certain integrated circuit chipsets and products containing same from— Intel Corp., 7059 General Services Administration NOTICES Justice Department Federal Acquisition Regulation (FAR): See Immigration and Naturalization Service Agency information collection activities— Submission for OMB review; comment request, 6998– Labor Department 6999 See Employment Standards Administration See Pension and Welfare Benefits Administration Health and Human Services Department RULES See Centers for Disease Control and Prevention Nationwide employment statistics system; election process See Children and Families Administration for State agency representatives for DOL consultation, See Food and Drug Administration 7194–7196 See Health Resources and Services Administration See National Institutes of Health Land Management Bureau NOTICES Environmental statements; availability, etc.: Health Resources and Services Administration Marigold mine expansion project, NV, 7057 NOTICES Opening of public lands: Meetings: Montana, 7057–7058 Childhood Vaccines Advisory Commission, 7029 Oregon, 7058 Survey plat filings: Housing and Urban Development Department Minnesota, 7058–7059 NOTICES Library of Congress Grants and cooperative agreements; availability, etc.: See Copyright Office, Library of Congress Facilities to assist homeless— Excess and surplus Federal property, 7106–7150 Management and Budget Office Mortgagee Review Board; administrative actions, 7036–7050 NOTICES Reports and guidance documents; availability, etc.: Immigration and Naturalization Service Costs and benefits of Federal Regulations; report to NOTICES Congress, 7198–7267 Agency information collection activities: Social insurance accounting standards, 7076–7077 Proposed collection; comment request, 7059–7060 Maritime Administration RULES Indian Affairs Bureau Coastwise trade laws; administrative waivers, 6905–6912 NOTICES Indian tribes, acknowledgment of existence determinations, Mine Safety and Health Federal Review Commission etc.: See Federal Mine Safety and Health Review Commission Acknowledgement petitions; internal processing changes, 7052–7053 National Aeronautics and Space Administration Liquor and tobacco sale or distribution ordinance: RULES Concow Maidu Tribe of Mooretown Rancheria, CA, Acquisition regulations: 7054–7057 Export controlled technology; standard clause, 6915–6916 NOTICES Interior Department Federal Acquisition Regulation (FAR): See Fish and Wildlife Service Agency information collection activities— See Indian Affairs Bureau Submission for OMB review; comment request, 6998– See Land Management Bureau 6999 National Highway Traffic Safety Administration International Trade Administration NOTICES NOTICES Motor vehicle safety standards: Antidumping: Nonconforming vehicles— Solid fertilizer grade ammonium nitrate from— Importation eligibility; determinations, 7097–7098 Russian Federation, 6983–6984 Structural steel beams from— National Institutes of Health Japan, 6992–6995 NOTICES South Korea, 6984–6992 Meetings: Applications, hearings, determinations, etc.: National Cancer Institute, 7030 University of— National Heart, Lung, and Blood Institute, 7030–7031 Florida, 6996 National Institute of Allergy and Infectious Diseases, Hawaii, 6995–6996 7031

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National Institute of Dental & Craniofacial Research, PROPOSED RULES 7032–7033 Domestic Mail Manual: National Institute of Diabetes and Digestive and Kidney Plant Verified Drop Shipment (PVDS); loading Diseases, 7032 requirements, 6950 National Institute of Neurological Disorders and Stroke, 7031–7032 Presidential Documents National Institute on Deafness and Other Communication ADMINISTRATIVE ORDERS Disorders, 7031 Soviet Union; Independent States of the Former; assistance Scientific Review Center, 7029–7030 , 7033–7036 (Presidential Determination No. 2000-11 of February 1, 2000), 6523 [Editorial Note: In the Federal Register National Oceanic and Atmospheric Administration issue of February 10, 2000, the page number for RULES Presidential Determination No. 2000-11 should have Fishery conservation and management: appeared as ‘‘6523’’ instead of ‘‘1’’. Alaska; fisheries of Exclusive Economic Zone— Pollock, 6921 Public Debt Bureau PROPOSED RULES NOTICES Endangered and threatened species: Agency information collection activities: Marine and anadromous species— Proposed collection; comment request, 7102–7103 West coast steelhead in California et al., 6960–6975 Fishery conservation and management: Public Health Service Northeastern fisheries— See Centers for Disease Control and Prevention Atlantic sea scallop and deep-sea red crab, 6975–6976 See Food and Drug Administration West Coast States and Western Pacific fisheries— See Health Resources and Services Administration Western Pacific Fishery Management Council; See National Institutes of Health meetings, 6976 Western Pacific Fishery Management Council; public Rural Utilities Service meeting, 6976–6978 PROPOSED RULES NOTICES Telecommunications loans: Meetings: General policies, types of loans, and loan requirements, Gulf of Mexico Fishery Management Council, 6996 6922–6924 Pacific Fishery Management Council, 6996–6997 Permits: Securities and Exchange Commission Marine mammals, 6997–6998 NOTICES Securities: Navy Department Suspension of trading— NOTICES Lifekeepers International, Inc., 7078 Environmental statements; availability, etc.: Self-regulatory organizations; proposed rule changes: Marine Corps Air Station, Yuma, AZ; improved ordnance MBS Clearing Corp., 7078–7080 storage, 6999–7001 Applications, hearings, determinations, etc.: Public utility holding company filings, 7077–7078 Nuclear Regulatory Commission NOTICES Sentencing Commission, United States Production and utilization facilities; domestic licensing: See United States Sentencing Commission Public workshop, 7075–7076 Applications, hearings, determinations, etc.: Social Security Administration Amergen Energy Co., LLC, 7071–7072 PROPOSED RULES Commonwealth Edison Co., 7072–7074 Social security benefits: Entergy Operations, Inc., 7074 Federal old age, survivors, and disability insurance— Hydro Resources, Inc., 7074 Medical criteria for disability determinations, 6929– Portland General Electric Co., 7074–7075 6936

Office of Management and Budget State Department See Management and Budget Office NOTICES Meetings: Pension and Welfare Benefits Administration International Communications and Information Policy RULES Advisory Committee, 7093 Employee Retirement Income Security Act: Shipping Coordinating Committee, 7094 Civil penalties; assessment, 7181–7191 Medical care to employees of two or more employers; Surface Transportation Board multiple employer welfare arrangements and other NOTICES entities providing coverage; reporting requirements, Household Goods Carriers Bureau Committee; rate bureau 7152–7180 agreement, 7098–7099 Motor carriers: Postal Service Finance applications— RULES EC-MAC Motor Carriers Service Association, Inc., et al., Domestic Mail Manual: 7099 Nonprofit standard mail rate; eligibility requirements, National Motor Bus Traffic Association, Inc., 7099 6903–6905 National Classification Committee; agreement, 7098

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Rail carriers: Veterans Affairs Department Waybill data; release for use, 7099–7100 NOTICES Grants and cooperative agreements; availability, etc.: Homeless providers grant and per diem program, 7103– Tennessee Valley Authority 7104 NOTICES Committees; establishment, renewal, termination, etc.: Regional Reource Stewardship Council, 7094 Separate Parts In This Issue

Transportation Department Part II See Coast Guard Department of Housing and Urban Development, 7105– See Federal Aviation Administration 7150 See Federal Highway Administration See Federal Transit Administration Part III See Maritime Administration Department of Labor, Pension and Welfare Benefits See National Highway Traffic Safety Administration Adminisitration, 7151–7191 See Surface Transportation Board Part IV Department of Labor, 7193–7196 Treasury Department See Community Development Financial Institutions Fund Part V See Public Debt Bureau Office of Management and Budget, 7197–7267 NOTICES Agency information collection activities: Part VI Submission for OMB review; comment request, 7100– Federal Emergency Management Agency, 7269–7274 7102

United States Sentencing Commission Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Sentencing guidelines and policy statements for Federal phone numbers, online resources, finding aids, reminders, courts, 7080–7093 and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE 2560...... 00000 44 CFR 2570...... 00000 209...... 00000 A cumulative list of the parts affected this month can be found in the 32 CFR 46 CFR Reader Aids section at the end of this issue. 505...... 6894 388...... 6905 34 CFR 47 CFR 7 CFR 14 CFR Proposed Rules: 51...... 6912 Proposed Rules: Proposed Rules: 611...... 6936 Proposed Rules: 1735...... 6922 39 (2 documents) ...... 6925, 36 CFR 25...... 6950 327...... 6896 6927 48 CFR 9 CFR 20 CFR 37 CFR 1825...... 6915 Ch. III ...... 00000 Proposed Rules: Proposed Rules: 1852...... 6915 381...... 6886 404...... 6929 201...... 6946 50 CFR 416...... 6929 13...... 6916 12 CFR 39 CFR 21 CFR 111...... 6903 17...... 6916 Proposed Rules: 175...... 6889 Proposed Rules: 679...... 6921 522...... 6892 225...... 6924 111...... 6950 Proposed Rules: 886...... 6893 17...... 6952 13 CFR 29 CFR 40 CFR 223...... 6960 400...... 6888 44...... 00000 Proposed Rules: 648...... 6975 500...... 6888 2520...... 00000 445...... 6950 660 (2 documents) ...... 6976

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Rules and Regulations Federal Register Vol. 65, No. 29

Friday, February 11, 2000

This section of the FEDERAL REGISTER at (202) 501–7642. If a sign language adequate to kill the pathogens. In contains regulatory documents having general interpreter or other special contrast, the meat interior of intact applicability and legal effect, most of which accommodation is necessary, contact products remains essentially protected are keyed to and codified in the Code of Ms. Gioglio at the above numbers by from pathogens migrating below the Federal Regulations, which is published under February 18, 2000. If you are planning exterior surfaces. Consequently, 50 titles pursuant to 44 U.S.C. 1510. to present an oral comment at the customary cooking of these products The Code of Federal Regulations is sold by meeting, please submit one original and will destroy any E. coli O157:H7. FSIS the Superintendent of Documents. Prices of two copies of the prepared comment to requested comments and new books are listed in the first FEDERAL the FSIS Docket Clerk, Docket No. 99– recommendations relevant to the REGISTER issue of each week. 060N, Room 102 Cotton Annex, 300 Agency’s policy and to any regulatory 12th Street, SW, Washington, DC requirements appropriate to prevent the 20250–3700. Send one original and two distribution of beef products adulterated DEPARTMENT OF AGRICULTURE copies of all other comments to the with this pathogen. Docket Clerk at the address listed above. On March 8, 1999, FSIS held a public Food Safety and Inspection Service All comments received in response to meeting to discuss the policies this notice will be considered part of the addressed in its January 19, 1999, policy 9 CFR Chapter III public record and will be available for statement. The meeting provided the [Docket No. 99±060N] viewing in the Docket Room between public with an additional opportunity to 8:30 a.m. and 4:30 p.m., Monday comment and discuss the policy Recent Developments Regarding Beef through Friday. announced in this statement and the Products Contaminated With FOR FURTHER INFORMATION CONTACT: public health risks associated with beef Escherichia coli O157:H7; Public Daniel Engeljohn, Ph.D., Director, products contaminated with E. coli Meeting Regulations Development and Analysis O157:H7. The meeting also provided an AGENCY: Food Safety and Inspection Division, Office of Policy, Program opportunity for participants to discuss a Service, USDA. Development, and Evaluation, Food set of questions and answers that FSIS Safety and Inspection Service, Room ACTION: Notice of public meeting. had developed regarding the E. coli 112 Cotton Annex, 300 12th Street, SW, O157:H7 policy. At this meeting, a SUMMARY: The Food Safety and Washington, DC 20250. Telephone group of companies described a plan for Inspection Service (FSIS) is announcing number (202) 720–5627, fax number testing carcasses for E. coli O157:H7. that it will hold a public meeting on (202) 690–0486. The group stated that they would February 29, 2000, to discuss FSIS’ SUPPLEMENTARY INFORMATION: submit their testing protocol to FSIS. In policy regarding Escherichia coli (E. Background addition, individuals from Kansas State coli) O157:H7 and new information University presented preliminary concerning the pathogen and its relation 1. January 1999 Federal Register Notice findings of research on E. coli O157:H7 to human health. At this meeting, FSIS On January 19, 1999, FSIS published in blade tenderized beef steaks. and other groups will present new data a policy statement, ‘‘Beef Products In its March 15, 1999, Constituent concerning the pathogen and new Contaminated with E. coli O157:H7’’ (64 Update, FSIS explained that the Agency developments that may affect the FR 2803). This statement explained the would not act on its January 19, 1999, Agency’s policy. The purpose of this Agency’s policy governing beef products policy statement until it had an meeting is not to debate the policy that that contain E. coli O157:H7. The opportunity to consider the comments the Agency announced in January of Agency stated that, in evaluating beef received. On April 5, the American 1999 (64 FR 2803) on the status of products contaminated with E. coli Meat Institute (AMI) submitted a certain beef products contaminated with O157:H7, it would distinguish intact protocol on behalf of the group of E. coli O157:H7 but to ensure that that cuts of muscle (e.g., steaks and roasts) companies participating in the study on policy is implemented based on the best distributed for consumption from non- carcass testing for E. coli O157:H7 available information and in a manner intact products (e.g., beef that has been discussed above. The protocol called for that will best protect public health. In mechanically tenderized by needling or testing 1 in 300 carcasses slaughtered by addition, FSIS will allow time for cubing) and from intact cuts of muscle approximately 12 plants, before and comments and discussion regarding that are to be further processed into after hide removal, as well as after FSIS’ testing procedures and other non-intact product prior to distribution processing interventions and at the issues on E. coli O157:H7. for consumption. The Agency stated trimmings stage, for E. coli O157:H7. In DATES: The meeting will be held that, if the latter two types of products its May 14, 1999, Constituent Update, February 29, 2000, from 9:00 a.m. to are found to be contaminated with E. FSIS announced the availability of the 5:00 p.m. Written comments must be coli O157:H7, they must be processed protocol and the Agency’s response to it received by April 11, 2000. into ready-to-eat product, or they would and invited comments on these ADDRESSES: The meeting will be held at be deemed to be adulterated. FSIS documents. the Holiday Inn Rosslyn Westpark explained that pathogens, including E. Hotel, 1900 North Fort Myer Drive, coli O157:H7, may be introduced below 2. Draft White Paper Arlington, Virginia, telephone number: the surfaces of non-intact products as FSIS recently developed a draft White (703) 807–2000. To register for the the result of the processes by which Paper on Escherichia coli O157:H7. meeting, contact Ms. Mary Gioglio by they are made. As a result, customary FSIS announced the availability of this telephone at (202) 501–7244 or by FAX cooking of these products may not be document in its November 5, 1999,

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Constituent Update. The document is assess the feasibility of identifying E. available to address E. coli O157:H7 in currently available over the Internet coli O157:H7 on carcasses and of product under FSIS control. For (URL: http://www.fsis.usda.gov/OA/ establishing a routine, Agency-directed example, irradiation offers the update/110599latt.htm). sampling program to supplement or possibility of treating raw meat products The White Paper discusses new replace FSIS’ ongoing ground beef to eliminate E. coli O157:H7. The final information and developments that will testing. rule on irradiation published on have a bearing on the Agency’s E. coli The White Paper explains that FSIS’ December 23, 1999, and will become O157:H7 policy. The paper explains that risk assessment for E. coli O157:H7 in effective on February 22, 2000. In new information indicates that E. coli ground beef will better enable both the addition to irradiation, FSIS is willing O157:H7 is not as rare as previously Agency and industry to identify to consider whether other alternatives to thought. In September 1999, FSIS began interventions that can lead to public cooking product within an FSIS- using a method for analyzing samples of health improvements and to weigh inspected establishment could be used products for E. coli O157:H7 that is four available options. The Agency hopes to address a positive finding. times more sensitive than the previous that the risk assessment will be The paper notes that several other method. Of the total number of positive completed by spring 2000. When the considerations are likely to be important samples found by FSIS since the testing risk assessment on ground beef is as the Agency reviews its policy on E. program began in 1994, 40 percent (21 complete, FSIS expects to expand it to coli O157:H7. For example, since out of 53) have been found using the cover all meat products, as well as other January 25, 2000, all meat and poultry new test method. The recent increase in products that may be affected by E. coli plants have been operating under the positive samples suggests that the low O157:H7. pathogen reduction and hazard analysis rate of positive findings in the past may The White Paper also addresses data and critical control point (PR/HACCP) have had more to do with the sensitivity concerning blade tenderized roasts and systems rule. This will likely improve of the method being used than with the steaks. As discussed above, during the food safety and may affect the Agency’s rarity of the pathogen. March 8, 1999, public meeting, E. coli O157:H7 policy. In reviewing this In addition to the FSIS testing data, individuals from Kansas State policy, FSIS will also consider the meat the White Paper explains that the University presented preliminary industry’s efforts to reduce the pathogen Centers for Disease Control and findings of research on E. coli O157:H7 at the production level. Prevention (CDC) recently released in blade tenderized beef steaks. The Finally, the White Paper lists areas for estimates of foodborne illness that show researchers stated that the blade consideration concerning FSIS’ E. coli a much higher rate of illness from E. coli tenderization process transfers O157:H7 policy. FSIS has revised the O157:H7 than the CDC had previously approximately three to four percent of questions in the White Paper to read as reported. The CDC increased its surface contamination to the interior of follows: estimates for illnesses associated with E. the muscle. The researchers pointed out coli O157:H7 because recent that proper cooking to a specified time/ 1. If FSIS finds that E. coli O157:H7 surveillance data allowed a more temperature combination resulting in occurs with some regularity on hides detailed estimation of mild illnesses not rare steaks could reliably result in safe and carcasses of cattle raised using resulting in physician consultation product. In addition, industry members certain production practices (e.g., (Mead, Paul S., et al., ‘‘Food-Related have stated that muscle systems from feedlot cattle) but not on cattle raised Illness and Death in the United States,’’ which steaks are derived could be under different production practices Journal of Emerging Infectious Diseases, removed from larger primal or sub- (e.g., cull dairy cows), should the Vol. 5, No. 5, 1999). Although not all of primal cuts hygienically. The beef pathogen be considered a hazard these illnesses are attributable to beef, industry has been persistent in ‘‘reasonably likely to occur’’ only in the increase in illnesses associated with encouraging FSIS to exempt blade slaughter and processing operations that E. coli O157:H7 indicates that this tenderized product, especially when use the former types of cattle? Should E. pathogen occurs more frequently than derived hygienically or with reduced coli O157:H7 be addressed in the was previously thought. possibilities for becoming contaminated, HACCP plans of those operations? Is E. The White Paper also discusses recent from the scope of products considered coli O157:H7 a hazard that is reasonably research and studies concerning E. coli adulterated when contaminated with E. likely to occur in the production of beef O157:H7. The paper explains that the coli O157:H7. products? If so, what is the best HACCP- data from the industry study discussed As of fall 1999, FSIS has tentatively related guidance that FSIS can provide above are being analyzed and should determined that there is insufficient to such plants for use in their soon be available. This study should information regarding the hygienic reassessment of their HACCP plans, and provide further insight into whether E. processing of muscle systems to narrow what actions should be taken by the coli O157:H7 is a rare pathogen and the scope of products affected by the E. Agency? whether it occurs on hides and freshly coli O157:H7 policy. FSIS expects its 2. Should FSIS re-design its testing slaughtered carcasses of beef with some planned effort to broaden the risk program? Specifically: regularity. Under the study’s protocol, 1 assessment will address some of the • Are any changes needed in the in 300 carcasses were tested for E. coli issues raised by the industry. proportion of samples taken in-plant O157:H7 before hide removal, after hide Meanwhile, FSIS has encouraged and at retail? removal, and after pathogen reduction industry to label their intact and non- • Should FSIS alter its policy that 15 interventions have been applied. The intact primal and sub-primal cuts with consecutive samples be negative after a study was to run for 30 days, starting in appropriate cooking statements. The positive finding? early September. Twelve plants were 1999 Food Code (section 3–401.11) • Should FSIS continue selecting a involved in the study. prescribes appropriate cooking sample if a plant has a positive finding The White Paper also notes that the instructions for intact versus non-intact within the last 6 months, or should the Agricultural Research Service (ARS), in steaks for destruction of organisms of Agency defer to plant routine testing Clay Center, Nebraska, is conducting public health concern. completely and remove the 6-month research related to prevalence, and that The White Paper recognizes that restriction? If FSIS sampling is FSIS plans to conduct some sampling to interventions other than cooking may be continued under these circumstances,

VerDate 272000 12:27 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm01 PsN: 11FER1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations 6883 should the rules for the random group will present the results of the muscle with surface contamination selection of samples be changed? industry study, and Kansas State should not be distributed. • Should FSIS sampling of carcasses University will present data concerning At this time, FSIS does not intend to replace or supplement ground beef E. coli O157:H7 in blade tenderized expand its E. coli O157:H7 policy to sampling at slaughter plants? steaks. There will be presentations on cover additional products. Once FSIS’ • Should FSIS develop additional interventions available to industry and risk assessment on ground beef is sampling schemes, including increasing on new technology. Finally, consumer completed, FSIS intends to expand the its testing of ground beef and other beef groups will present information. The risk assessment to cover all meat products (e.g., carcasses, trimmings, and public meeting also will provide an products and other products that may be non-intact cuts)? opportunity for comments and affected by E. coli O157:H7. Depending • What alternatives to the FSIS discussion regarding FSIS’ E. coli upon the results of the risk assessment testing program would best encourage O157:H7 policy and the course it should for E. coli in these products, FSIS may the regulated industry to better ensure take, the Agency’s testing and sampling consider expanding the policy to cover that pathogen reduction interventions methods, new issues related to the additional products. Also at this time, specifically for E. coli O157:H7 are pathogen, and issues that arise during FSIS does not believe that raw product instituted? the public meeting. contaminated with Listeria 3. Should FSIS consider a plant’s The purpose of the meeting is to move monocytogenes or Campylobacter is generic E. coli and Salmonella results in forward with the January 1999 policy. adulterated within the meaning of the making its decision on whether to target The Agency has accumulated some Federal Meat Inspection Act (FMIA) (21 a plant’s products for E. coli O157:H7 information that suggests that a hazard U.S.C. 601 et seq.) or Poultry Products sampling? Inspection Act (21 U.S.C. 451 et seq.). E. 4. What effect should a plant’s testing resulting from E. coli O157:H7 in the production of beef may be more likely coli O157:H7 is a particularly virulent or verification program have on whether pathogen. Based on epidemiological and how FSIS targets its testing in that to occur than previously thought and that the regulated industry may not be data, low numbers of E. coli O157:H7 plant? Should the plant’s testing or may be injurious to health, especially reassessing its HACCP plans verification program only be considered among vulnerable consumers. FSIS is accordingly. Since all Federally sufficient if included as part of HACCP not aware of any data that suggest that inspected meat and poultry validation? customary cooking of these beef establishments are now operating under 5. How should FSIS treat non-intact products does not reduce Listeria HACCP, and since a yearly reassessment product? Specifically, should blade- monocytogenes and Campylobacter to of the HACCP plans (9 CFR 417.4(a)(3)) tenderized beef steaks and roasts—with levels that are not injurious to health, is required, FSIS hopes to use this specific cooking instructions for even among vulnerable consumers. destroying the pathogen and handling public meeting as a means to ensure that instructions for preventing cross- the most current information is Products Covered by the Policy contamination and temperature abuse— available to interested persons as the Numerous industry commenters did be treated the same as other non-intact Agency arrives at a policy that will best not support the policy that non-intact beef with regard to the FSIS policy? protect the public health. products contaminated with E. coli 6. How effective are voluntary 4. Comments Received O157:H7 must either be processed into producer actions in providing animals ready-to-eat product or deemed with reduced levels of E. coli O157:H7 FSIS received a total of 81 comments adulterated. Several industry to plants, and should these voluntary in response to requests for comments in commenters supported the policy with activities, if effective, affect slaughter the January 19, 1999, Federal Register regard to beef trimmings. Several other plants’ strategies and FSIS’ policy? (64 FR 2803) and in the May 14, 1999, industry commenters stated that Constituent Update. FSIS received one trimmings contaminated with E. coli 3. FSIS Plans comment in response to the March 8, O157:H7 should not be considered The Agency intends to consider all 1999, public meeting notice. Comments adulterated. One of these commenters information that is ultimately developed addressed issues including the policy stated that the policy should only be from the sources of information discussed in the January 19, 1999, applied to trimmings that will be used discussed in the White Paper, as well as policy statement, related documents, in raw ground products. all information presented in response to testing for E. coli O157:H7, and the Numerous industry commenters also this notice, the January 1999 notice, and industry’s protocol. A summary of stated that FSIS has no data to support the May 1999 Constituent Update, and comments and the Agency’s responses the policy that products other than to use that information in deciding how to these comments follow. ground beef that are contaminated with best to address E. coli O157:H7. At the Consumer Support E. coli O157:H7 should be considered February 29, 2000, public meeting, FSIS adulterated. Specifically, many of these plans to discuss the issues raised in its Several consumers supported the commenters discussed the lack of data White Paper, including the significance policy and suggested that it be concerning non-intact products and the of the findings with its new testing expanded to include Listeria risk associated with blade tenderized method that the Agency is using to monocytogenes and Campylobacter steaks. One commenter from an detect E. coli O157:H7, of the final jejuni. Several consumer groups also academic institution stated that its regulations on irradiation, and of the supported the policy. Several groups study demonstrated that there is no FSIS risk assessment for E. coli argued that the policy should be difference in risk between intact and O157:H7. ARS will present the results of expanded to include intermediate non-intact steaks cooked at a survey it performed to estimate the products, such as those produced from temperatures resulting in rare to well- frequency of E. coli O157:H7 in feces advanced meat recovery systems and done levels of doneness. and on hides within lots of fed cattle other products that are added to raw Several industry commenters and the frequency of carcass ground beef. One animal welfare suggested that FSIS should not contamination during processing from organization stated that even intact implement its new policy until after cattle within the same lots. The industry steaks and roasts and other cuts of completion of a risk assessment or the

VerDate 272000 12:27 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm01 PsN: 11FER1 6884 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations industry pilot program for carcass therefore was not subject to the notice- cooking beef products. This office testing, or until available data show that and-comment rulemaking requirements provides food safety education there is a need for the policy, especially in section 553(b) of the APA. It was information through USDA’s Toll-Free with regard to non-intact product. intended to elucidate the policy that Meat and Poultry Hotline (1–800–535– In evaluating the public health risk FSIS announced in 1994. Under section 4555), through public service presented by E. coli O157:H7- 552 of the APA, FSIS is required to announcements, printed materials, and contaminated beef products, FSIS publish interpretive rules in the Federal a variety of communication channels. In carefully considered the deliberations of Register. FSIS complied with that addition, FSIS makes this information the National Advisory Committee on requirement. available over the Internet (URL: http:/ Microbiological Criteria for Foods and /www.fsis.usda.gov/). Industry and Effect on Industry its Meat and Poultry Subcommittee. As consumers are invited to present noted in the January 19, 1999, policy Several industry commenters stated information on how best to statement, in 1998, this Committee that the new policy could put communicate the need for proper concluded that intact muscle should be companies out of business and could be handling of non-intact products that are safe if the external surfaces are exposed disproportionately burdensome on contaminated with E. coli O157:H7 at to temperatures sufficient to effect a small businesses. Two industry the public meeting. cooked color change and additional heat commenters stated that the new policy to effect a complete sear across the cut could result in less voluntary testing by Definition of Adulteration surfaces (64 FR 2803–2804). The industry. Several commenters, including Committee’s definition of ‘‘Intact Beef Experience has shown that these industry groups, an academic Steak’’ limited the applicability of this predictions were wrong, at least for the organization, and an inspection conclusion to muscle that has not been short-term. The policy resulted in the association, were opposed to the injected, mechanically tenderized, or important carcass testing that the concept that beef that tests positive for reconstructed. industry is currently conducting. FSIS’ E. coli O157:H7 be considered FSIS has tentatively determined that future direction in testing will be adulterated because the organism may there is insufficient information determined in large measure based on be inherent in raw meat and poultry regarding the processing of muscle the information that FSIS has gathered when produced under current systems to narrow the scope of products since the publication of the January 19, technology. affected by the E. coli O157:H7 policy. 1999, policy statement and on the Under the FMIA, a product is When the risk assessment on ground information that FSIS receives in ‘‘adulterated’’ if ‘‘it bears or contains beef is complete (see 63 FR 44232), FSIS response to this notice. any poisonous or deleterious substance expects to expand it to cover all meat which may render it injurious to health; products, as well as other products that Consumer Responsibility but in case the substance is not an may be affected by E. coli O157:H7. The Several industry commenters stated added substance, such article shall not Agency’s efforts to broaden its risk that consumers should assume more be considered adulterated under this assessment for E. coli O157:H7 may also responsibility for their safety and clause if the quantity of such substance address some of the issues raised by the expressed the need for consumer in or on such article does not ordinarily industry with regard to non-intact awareness programs regarding the render it injurious to health * * *.’’ (21 product. Meanwhile, FSIS has importance of cooking beef products U.S.C. § 601(m)(1)). Because beef encouraged industry to label their intact thoroughly. products contaminated with E. coli and non-intact primal and sub-primal Industry can reduce or eliminate risk O157:H7 are often cooked in a manner cuts with appropriate cooking associated with E. coli O157:H7 through that may not prevent illness, this statements. The 1999 Food Code various controls and interventions, such pathogen is a substance that renders (section 3–401.11) prescribes as steam pasteurization and irradiation, ‘‘injurious to health’’ even products that appropriate cooking instructions for that can be incorporated into HACCP many consumers consider to be intact versus non-intact steaks for systems. Because industry has the properly cooked (see Texas Food destruction of organisms of public means to reduce or eliminate the Industry Association, et. al. v. Espy, et. health concern. The 1999 Food Code hazard, consumers should not be al., Civ. No. A–94–CA–748 JN.) expected to assume all the recommends these products be cooked Testing for E. coli O157:H7 to 145 °F for 15 seconds. responsibility for preventing foodborne FSIS has received the results of the illness associated with E. coli O157:H7. Several industry commenters study referred to in the comments. The FSIS has informed consumers of the recommended carcass sampling rather study confirmed that E. coli O157:H7 risk of foodborne illness from products than end-product testing or combo bin can be translocated to the interior of a contaminated with E. coli O157:H7. For sampling. In contrast, one industry non-intact steak. Therefore, FSIS will example, on May 27, 1998, FSIS held a organization and one consumer group continue to recommend that non-intact public meeting to discuss safe handling opined that carcass testing would not product be cooked to 145 °F for 15 measures consumers should take in ensure the safety of a carcass that tests seconds, consistent with the Food Code. cooking hamburgers. During the positive for E. coli O157:H7. One meeting, participants discussed the food consumer group specifically supported Procedural Questions safety issues presented by premature testing raw product, rather than Several commenters, including browning, including the question of carcasses, at both the processing and industry groups and a government whether color is an appropriate retail levels. Agency, stated that FSIS should have indicator that ground beef is cooked to Several industry commenters issued a proposed rule, and that FSIS’ a safe internal temperature. expressed general concerns regarding policy change should be subject to the In addition, the Food Safety testing for E. coli O157:H7. Several requirements of the Administrative Education and Communications Staff commenters noted that testing is not a Procedures Act (APA). within FSIS provides information to the means of eliminating or reducing The January 19, 1999, policy public concerning numerous food safety pathogens. Other commenters noted that statement was an interpretive rule and issues, including information on the likelihood of finding a pathogen

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Numerous commenters that submitted Agriculture should promote efforts to FSIS does not consider raw pork or the same letter stated that rather than control the incidence of E. coli O157:H7 expand the program, the Agency should poultry products to be adulterated when on the farm. they are contaminated with bacteria, refocus the program on verifying that FSIS agrees that there should be a processes are in control. Several because these products are customarily farm-to-table approach to reducing or cooked in a manner that will ensure that consumer groups stated that the Agency preventing the risk of E. coli O157:H7. should expand the sampling and testing any pathogenic microorganisms are At the animal production level, FSIS eliminated. program. encourages research, applied studies, Effective system controls, such as and educational activities to enhance Exporting Countries through HACCP, are the appropriate adoption of food safety practices. FSIS’ Two government organizations means of preventing E. coli O157:H7 in Animal Production Food Safety Staff representing countries that export meat ground beef from entering commerce. supports research to develop voluntary, to the United States did not support the FSIS is interested in encouraging science-based food safety practices and policy with regard to non-intact beef industry to conduct sampling and verification procedures for food animal products. One commenter stated that testing for E. coli O157:H7, as well as production that will reduce the risk of any testing required of product shipped microbiological testing for appropriate microbial hazards, such as E. coli to the U.S. would cause numerous non-pathogenic organisms, to allow O157:H7, entering the food chain. This problems. The commenter explained verification and validation of HACCP staff also provides information to the that producers do not know whether systems. Microbiological sampling, as animal production community to assist beef cuts will be used for making non- part of HACCP systems monitoring, them in meeting reasonable, science- intact product, such as reformed steaks, verification, and validation, is an based requirements for animals at the at the time of shipment. effective operational indicator. FSIS receiving stage of processing. Finally, The other commenter did not believe agrees that end-product testing alone is this staff works with outside that end-product testing is the best ineffective for ensuring process control. organizations to promote adoption of means to ensure consumer protection However, FSIS began its testing program food production practices by producers against E. coli O157:H7 because of its for ground beef, an end-product testing and suppliers that result in safe and low prevalence. This commenter also program, as a means of spurring high quality animals being presented to stated that the policy explained in the establishments into taking more meat and poultry slaughtering January 19, 1999, policy statement aggressive action to control their establishments. would be difficult to implement. As an processes. Establishments can alternative, the commenter Interventions incorporate sampling and testing for E. recommended that any beef used to coli O157:H7 and appropriate non- Several industry commenters manufacture ground beef should be pathogenic organisms into their HACCP emphasized the importance of microbial subject to compliance action if it is plans to reduce risk and can ensure that interventions, such as thermal carcass contaminated with E. coli O157:H7. they are effectively controlling the washing and irradiation, in producing Further, the commenter stated that pathogen through their monitoring, safe product. Several industry appropriate compliance action should verification, and validation activities. commenters urged FSIS to publish its be determined based on the level of The safety of ground products will final regulations on irradiation, noting generic E. coli in the contaminated likely improve as a result of these that irradiation should ensure the product. activities at Federal establishments. elimination of E. coli O157:H7. One FSIS bargaining unit employee Guidance is available to industry for FSIS agrees with commenters that stated that millions of pounds of block developing sampling and testing interventions are integral features of any frozen beef enter the United States daily programs for beef. The American Meat process for reducing or eliminating E. from countries such as Australia. This Science Association report entitled, coli O157:H7 in beef products. However, commenter further stated that Australia ‘‘The Role of Microbiological Testing in FSIS has data that show that not all has practically eliminated its Beef Food Safety Programs,’’ published interventions are effective, and that government inspection program, and in 1999, provides guidance for interventions must be implemented that U.S. import inspectors are allowed microbiological testing within a HACCP properly to be effective. Establishments to sample only an insignificant amount system. At this time, FSIS believes that using interventions to prevent or reduce of the product. some of the assumptions concerning the the risk of E. coli O157:H7 should In response to the first comment prevalence and distribution of E. coli incorporate these interventions into discussed above, FSIS notes that O157:H7 in this report may not reflect their HACCP plans and validate the product testing is not mandatory. With recent data; however, the guidance for effectiveness of the interventions. regard to the statement that exporting sampling and testing for appropriate The final rule on irradiation producers do not know whether beef organisms within a HACCP system published on December 23, 1999, and cuts will be used for making non-intact continues to be useful to industry. will become effective on February 22, product at the time of shipment, the FSIS considers its end-product testing 2000. Therefore, this intervention will HACCP regulations require that as one means of preventing adulterated soon be available to establishments establishments identify the intended use product from reaching consumers. producing raw beef products. or consumers of the finished product Currently, FSIS is scheduling more (§ 417.2(a)(2)). Countries exporting sampling at Federal establishments than Other Meat and Poultry Products product to the United States are at retail stores because more product is One industry commenter stated that required to operate according to HACCP accessible for testing. this policy discriminates against beef systems (§ 327.2(a)(2)(ii)(H)). Therefore,

VerDate 272000 12:27 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm01 PsN: 11FER1 6886 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations the exporting producer should make an await the results of the industry study used to provide information regarding effort to determine whether the beef will before implementing the policy. The FSIS policies, procedures, regulations, be used to produce intact or non-intact other expressed concerns with regard to Federal Register notices, FSIS public product. If the shipping company does, FSIS’ interest in comments to the meetings, recalls, and any other types of and it conducts any testing and finds E. industry protocol. For example, the information that could affect or would coli O157:H7 on the beef, that company commenter questioned what bearing be of interest to our constituents/ could ensure that the beef is handled comments from the public will have on stakeholders. The constituent fax list appropriately once it is shipped. the study. In addition, this commenter consists of industry, trade, and farm In response to the second commenter expressed doubt that the industry study groups, consumer interest groups, allied above, as discussed under Testing for E. would be carried out in an unbiased health professionals, scientific coli O157:H7, FSIS agrees that end- manner. professionals, and other individuals that product testing alone is ineffective for Another consumer group stated that have requested to be included. Through ensuring process control. However, FSIS data from the industry’s study could these various channels, FSIS is able to began its testing program for ground offer valuable insight into both the provide information to a much broader, beef, an end-product testing program, as prevalence of the pathogen and the more diverse audience. For more a means of spurring establishments into ability of existing intervention information and to be added to the taking more aggressive action to control technologies to eliminate it from beef constituent fax list, fax your request to their processes. Also, at this point, FSIS carcasses. However, the commenter the Congressional and Public Affairs does not intend to narrow the scope of suggested that certain changes should be Office, at (202) 720–5704. products affected by the E. coli O157:H7 made to the protocol. For example, the policy. With regard to this commenter’s commenter stated that FSIS’ Done at Washington, DC, on: February 7, 2000. suggestion that appropriate compliance recommended changes should be action should be determined based on incorporated into the study, and that Thomas J. Billy, the level of generic E. coli in the industry should ensure that the plants Administrator. contaminated product, data show that involved in the study are representative [FR Doc. 00–3197 Filed 2–10–00; 8:45 am] levels of generic E. coli are not of the variations that exist among plants BILLING CODE 3410±DM±P necessarily indicative of the levels of E. that produce raw ground and non-intact coli O157:H7 in product. beef products. In response to the comments from the FSIS delayed implementation of the DEPARTMENT OF AGRICULTURE FSIS bargaining unit employee, FSIS policy discussed in the January 19, Food Safety and Inspection Service ensures that products exported to the 1999, policy statement because it was United States are produced under waiting for the results of the risk 9 CFR Part 381 inspection requirements equivalent to assessment for E. coli O157:H7 in those in the Federal meat inspection ground beef and needed time to regulations. In addition, FSIS schedules consider comments received concerning [Docket No. 99±059DF] sample collection for imported ground the policy, not because of the industry Termination of Designation of the State beef product. These samples are study. With regard to the industry of Minnesota with Respect to the collected and tested for E. coli O157:H7 study, FSIS reviewed the protocol and Inspection of Poultry and Poultry according to the same procedures as are provided suggested changes to the Products used for domestic product. industry. In addition, FSIS made the comments discussed above available to AGENCY: Food Safety and Inspection Comments on Related Documents the industry through the FSIS docket Service, USDA. FSIS received comments room. Although FSIS reviewed and recommending changes to FSIS provided suggested changes to the ACTION: Final rule. Directive 10,010.1, ‘‘Microbiological industry, this study is an industry SUMMARY: Testing Program For Escherichia coli study; therefore, the industry was not The Food Safety and O157:H7 in Raw Ground Beef.’’ FSIS required to revise its protocol based on Inspection Service (FSIS) is amending also received comments regarding the comments from FSIS or from the public. the poultry products inspection questions and answers it developed FSIS has not yet received the results of regulations by terminating the shortly before the March 8, 1999, public the study. When reviewing the results, designation of the State of Minnesota meeting. FSIS will take into account any short- under sections 1 through 4, 6 through FSIS is currently considering whether comings in the protocol. 11, and 12 through 22 of the Poultry and how to revise these documents. In Products Inspection Act. Additional Public Notification considering revisions to these DATES: This final rule is effective documents, FSIS will take into account Public awareness of all segments of February 11, 2000. rulemaking and policy development are the comments submitted and ADDRESSES: Authorizing letters from information from the risk assessment on important. Consequently, in an effort to Minnesota State officials are on file in ground beef. Further, FSIS soon expects better ensure that minorities, women, the FSIS Docket Room, Room 102, to receive the results from the industry and persons with disabilities are aware Cotton Annex Building, 300 12th Street, carcass testing study and will consider of this notice of public meeting, FSIS SW, Washington, DC 20250–3700. The modifying the directive based on its will announce it and provide copies of Docket Room is open from 8:30 a.m. to review of the results of the study. this Federal Register publication in the 4:30 p.m., Monday through Friday. FSIS Constituent Update. FSIS provides Industry Protocol a weekly FSIS Constituent Update, FOR FURTHER INFORMATION CONTACT: Dr. Two consumer groups objected to which is communicated via fax to over William F. Leese, Director, Federal-State FSIS’ decision to delay implementation 300 organizations and individuals. In Relations Staff, Food Safety and of the policy discussed in the January addition, the update is available on line Inspection Service; telephone (202) 19, 1999, policy statement. One of these through the FSIS web page located at 418–8900 or fax (202) 418–8834. commenters stated that FSIS should not http://www.fsis.usda.gov. The update is SUPPLEMENTARY INFORMATION:

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Background meat inspection requirements at least Additional Public Notification ‘‘equal to’’ those imposed by USDA Section 5(c) of the Poultry Products FSIS has considered the potential under the PPIA, with regard to intrastate Inspection Act (PPIA; 21 U.S.C. 454(c)) civil rights impact of this final rule on operations and transactions within the authorizes the Secretary of Agriculture minorities, women, and persons with State, the Secretary will terminate the to designate a State as one in which the disabilities. FSIS anticipates that this designation of such State. The Secretary provisions of sections 1–4, 6–11, and final rule will not have a negative or has determined that the State of 12–22 of the PPIA will apply to disproportionate impact on minorities, Minnesota has developed and will operations and transactions wholly women, or persons with disabilities. enforce such a State poultry products within the State after the Secretary has However, final rules generally are inspection program in accordance with determined that requirements at least designed to provide information and applicable provisions of the PPIA. In equal to those imposed under the Act addition, the Secretary has determined receive public comments on issues that have not been developed and effectively that the State of Minnesota also is in a may lead to new or revised Agency enforced by the State. position to enforce effectively the regulations or instructions. Public On January 2, 1971 and May 16, 1972, provisions of sections 1–4, 6–11, and involvement in all segments of the Secretary of Agriculture designated 12–22 of the PPIA. Therefore, the rulemaking and policy development is the State of Minnesota under section designations of the State of Minnesota important. Consequently, in an effort to 5(c) of the PPIA (21 U.S.C.) and section under these sections are terminated. better ensure that minorities, women, 301(c) (21 U.S.C. 661(c)) of the Federal Because it does not appear that public and persons with disabilities are Meat Inspection Act (FMIA) as a State participation in this matter would make informed about the mechanism for in which the U.S. Department of additional relevant information providing their comments, FSIS will Agriculture (USDA) is responsible for available to the Secretary under the announce it and provide copies of this providing meat and poultry products administrative procedure provisions in Federal Register publication in the FSIS inspection at eligible establishments 5 U.S.C. 553, it is found upon good Constituent Update. and otherwise enforcing the applicable cause that such public procedure is FSIS provides a weekly Constituent provisions of PPIA and FMIA with impracticable and unnecessary. Update, which is communicated via fax regard to intrastate activities in the to more than 300 organizations and State. Executive Order 12866 individuals. In addition, the update is In addition, on January 31, 1975 (40 This final rule is issued in available on-line through the FSIS web FR 4646), a document was published in conformance with Executive Order page located at http:// the Federal Register announcing that 12866 and has been determined not to www.fsis.usda.gov. The update is used effective on that date, USDA would be a major rule. It will not result in an to provide information regarding FSIS assume the responsibility of annual effect on the economy of $100 policies, procedures, regulations, administering the authorities provided million or more. It will not cause a Federal Register notices, FSIS public under sections 202, 203, and 204 (21 major increase in costs or prices for meetings, recalls, and any other types of U.S.C. 642, 643, and 644) of the FMIA consumers, individual industries, information that could affect or would and sections 11(b) and (c)(21 U.S.C. governments, or geographic regions. be of interest to our constituents/ 460(b) and (c)) of the PPIA regarding Terminating the designation of the State stakeholders. The constituent fax list certain categories of processors of meat of Minnesota will provide for the State consists of industry, trade, and farm and poultry products. to assume the responsibility, previously groups, consumer interest groups, allied These designations were undertaken limited to USDA, of administering a health professionals, scientific by USDA when it was determined that poultry products inspection program for professionals, and other individuals the State of Minnesota was not in a intrastate operations and transactions who have requested to be included. position to enforce meat and poultry and for ensuring compliance by persons, Through these various channels, FSIS is inspection requirements under State firms, and corporations engaged in able to provide information to a much laws for products in intrastate intrastate commerce in specified kinds broader, more diverse audience. For commerce that were at least ‘‘equal to’’ of businesses. Qualifying businesses more information and to be added to the the requirements of the PPIA and FMIA will have the option to operate under constituent fax list, fax your request to as enforced by USDA. State inspection as an alternative to the Congressional and Public Affairs In 1998, the Governor of the State of Federal inspection. The State of Office, at (202) 720–5704. Minnesota informed FSIS that Minnesota will be required to Minnesota will be in a position to administer the poultry products List of Subjects in 9 CFR Part 381 administer a State meat inspection inspection program in a manner that is Poultry and poultry products. program that includes requirements at at least ‘‘equal to’’ the inspection Accordingly, Part 381 of the poultry least ‘‘equal to’’ those imposed under program administered by USDA. products inspection regulations (9 CFR the Federal meat inspection program for Part 381) is amended as follows: products in interstate commerce. Effect on Small Entities Therefore, the designations of The Administrator has made an initial PART 381Ð[AMENDED] Minnesota under Titles I, II, and IV of determination that this final rule would FMIA were terminated, effective not have a significant economic impact 1. The authority citation for Part 381 December 28, 1998. However, the on a substantial number of small continues to read as follows: designation of the State of Minnesota entities, as defined by the Regulatory Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21 under the appropriate provisions of the Flexibility Act (5 U.S.C. 601). As stated U.S.C. 451–470; 7 CFR 2.17, 2.55. PPIA has remained in effect since that above, the State of Minnesota is time. assuming a responsibility, previously § 381.221 [Amended] Section 5(c) of the PPIA provides that, limited to USDA, of administering the 2. Section 381.221 is amended by whenever the Secretary of Agriculture poultry products inspection program for removing ‘‘Minnesota’’ from the States determines that any designated State intrastate poultry operations and column and by removing the has developed and will enforce State transactions. corresponding date.

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§ 381.224 [Amended] Regulatory Flexibility Act to a delivery service on or before 3. Section 381.224 is amended by Because this rule is not subject to a February 27, 2000, with ‘‘delivery removing ‘‘Minnesota’’ from the ‘‘State’’ requirement to provide prior notice and guaranteed’’ before 5 P.M. on February column in two places and by removing an opportunity for public comment 28, 2000, will be accepted for review if the corresponding dates. public comment pursuant to 5 U.S.C. the Applicant can document that the Done at Washington, DC, on February 4, 553, or any other law, the analytical application was provided to the delivery 2000. requirements of the Regulatory service with delivery to the address Thomas J. Billy, Flexibility Act, 5 U.S.C. 601 et seq., are listed in this section guaranteed prior to Administrator. inapplicable. the closing date and time. A postmark of February 27, 2000, is not sufficient to [FR Doc. 00–3164 Filed 2–10–00; 8:45 am] Congressional Review Act meet this deadline as the application BILLING CODE 3410±DM±P This rule has been determined to be must be received by the required date not major for purposes of the and time. Applications will not be accepted via facsimile machine EMERGENCY STEEL GUARANTEE Congressional Review Act, 5 U.S.C. 801 transmission or electronic mail. LOAN BOARD et seq. Intergovernmental Review * * * * * 13 CFR Part 400 [FR Doc. 00–3290 Filed 2–10–00; 8:45 am] No intergovernmental consultations RIN 3003±ZA00 with State and local officials is required BILLING CODE 3510±17±M because the rule is not subject to the Loan Guarantee Decision: Application provisions of Executive Order 12372 or Deadline Executive Order 12875. EMERGENCY OIL AND GAS AGENCY: Emergency Steel Guarantee Unfunded Mandate Reform Act of 1995 GUARANTEED LOAN BOARD Loan Board. ACTION: Final rule. This rule contains no Federal 13 CFR Part 500 mandates, as that term is defined in the SUMMARY: In order to provide additional Unfunded Mandates Reform Act, on RIN 3003±ZA00 time for filing applications, the State, local and tribal governments or Emergency Steel Guarantee Loan Board the private sector. Loan Guarantee Decision; Application is reopening the application window for Executive Order 13132 Deadline the submission of guarantee applications. This rule does not contain policies AGENCY: Emergency Oil and Gas having federalism implications DATES: This rule is effective February Guaranteed Loan Board. requiring preparation of a Federalism 11, 2000. Assessment. ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: Jay E. Dittus, Executive Director, Emergency Executive Order 12630 SUMMARY: In order to provide additional Steel Guarantee Loan Board, U.S. This rule does not contain policies time for filing applications, the Department of Commerce, Washington, that have takings implications. Emergency Oil and Gas Guaranteed D.C. 20230, (202) 219–0584. Loan Board is reopening the application SUPPLEMENTARY INFORMATION: List of Subjects in 13 CFR Part 400 window for the submission of guarantee Administrative practice and applications. Background procedure, Loan Program—Steel, DATES: This rule is effective February In order to provide additional time for Reporting and recordkeeping 11, 2000. submission of completed applications, requirements. the deadline for the submission of FOR FURTHER INFORMATION CONTACT: applications has been reopened until Jay E. Dittus, Charles E. Hall, Executive Director, February 28, 2000. Executive Director, Emergency Steel Emergency Oil and Gas Guaranteed Guarantee Loan Board. Loan Board, US Department of Administrative Law Requirements For the reasons set forth in the Commerce, Washington, D.C. 20230, Executive Order 12866 preamble, the Emergency Steel (202) 219–0584. Guarantee Loan Board amends 13 CFR This final rule has been determined SUPPLEMENTARY INFORMATION: not to be a significant for purposes of part 400 as follows: 1. The authority citation for part 400 Background Executive Order 12866. continues to read as follows: Administrative Procedure Act In order to provide additional time for Authority: Pub. L. 106–51, 113 Stat. 255 the submission of completed This rule is exempt from the (15 U.S.C. 1841 note). applications, the deadline for the requirement to provide prior notice and 2. Section 400.205 is amended by submission of applications has been an opportunity for public comment revising paragraphs (a) to read as reopened until February 28, 2000. pursuant to 5 U.S.C. 553(b)(A), as it follows: involves a matter relating to Board Administrative Law Requirements: procedures and practice. Similarly, § 400.205 Application Process Executive Order 12866 because this rule of procedure does not (a) Application process. An original have a substantive effect on the public, application and three copies must be This final rule has been determined it is not subject to a 30 day delay in received by the Board no later than 5 not to be a significant for purposes of effective date, as normally is required P.M. EST, February 28, 2000, in the US Executive Order 12866. under 5 U.S.C. 553(d). However, the Department of Commerce, 1401 Administrative Procedure Act Board is interested in receiving public Constitution Avenue NW., Room H– comment and is, therefore, issuing this 2500, Washington, DC 20230. This rule is exempt from the rule as interim final. Applications which have been provided requirement to provide prior notice and

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However, the P.M. EST, February 28, 2000, in the U.S. SUPPLEMENTARY INFORMATION: In a notice Board is interested in receiving public Department of Commerce, 1401 published in the Federal Register of comment and is, therefore, issuing this Constitution Avenue, NW., room H– February 12, 1993 (58 FR 8290), FDA rule as interim final. 2500, Washington, DC 20230. announced that a petition (FAP 3B4346) Applications which have been provided had been filed by Dow Corning Corp., Regulatory Flexibility Act to a delivery service on or before P.O. Box 994, Midland, MI 48686–0994. Because this rule is not subject to a February 27, 2000, with ‘‘delivery The petition proposed to amend the requirement to provide prior notice and guaranteed’’ before 5 P.M. on February food additive regulations in § 175.300 an opportunity for public comment 28, 2000, will be acceptabled for review Resinous and polymeric coatings (21 pursuant to 5 U.S.C. 553, or any other if the Applicant can document that the CFR 175.300), § 175.320 Resinous and law, the analytical requirements of the application was provided to the delivery polymeric coatings for polyolefin films Regulatory Flexibility Act, 5 U.S.C. 601 service with delivery to the address (21 CFR 175.320), and § 176.170 et seq., are inapplicable. listed in this section guaranteed prior to Components of paper and paperboard the closing date and time. A postmark Congressional Review Act in contact with aqueous and fatty foods of February 27, 2000, is not sufficient to (21 CFR 176.170) to provide for the safe This rule has been determined to be meet this deadline as the application use of dimethylpolysiloxane coatings not major for purposes of the must be received by the required date produced by cross-linking a vinyl- Congressional Review Act, 5 U.S.C. and time. Applications will not be containing dimethylpolysiloxane with § 801 et seq. accepted via facsimile machine methylhydrogen-containing Intergovernmental Review transmission or electronic mail. polysiloxane and * * * * * dimethylmethylhydrogen polysiloxane No intergovernmental consultations [FR Doc. 00–3291 Filed 2–10–00; 8:45 am] polymers using a platinum catalyst. It with State and local officials is required BILLING CODE 3510±17±M also proposed that the food additive because the rule is not subject to the regulations be amended to provide for provisions of Executive Order 12372 or the safe use of 3,5-dimethyl-1-hexyne-3- Executive Order 12875. DEPARTMENT OF HEALTH AND ol, 1-ethynylcyclohexene, Unfunded Mandate Reform Act of 1995 HUMAN SERVICES bis(methoxymethyl)ethyl maleate and methylvinyl cyclosiloxane as optional This rule contains no Federal polymerization inhibitors. Additionally, mandates, as that term is defined in the Food and Drug Administration the petition proposed that the Unfunded Mandates Reform Act, on regulations be amended to provide for State, local and tribal governments or 21 CFR Part 175 the safe use of 5-chloro-2-methyl-4- the private sector. [Docket No. 92F±0443] isothiazolin-3-one and 2-methyl-4- Executive Order 13132 Indirect Food Additives: Adhesives isothiazolin-3-one mixture, optionally This rule does not contain policies and Components of Coatings containing magnesium nitrate, as an having federalism implications antimicrobial agent for emulsion-based AGENCY: requiring preparation of a Federalism Food and Drug Administration, silicone coating formulations. Assessment. HHS. However, subsequent to the filing of ACTION: Final rule. the petition, the petitioner requested Executive Order 12630 that This rule does not contain policies SUMMARY: The Food and Drug tetramethyltetravinylcyclotetrasiloxane that have takings implications. Administration (FDA) is amending the be included in the petition. Therefore, food additive regulations to provide for in a notice published in the Federal List of Subjects in 13 CFR Part 500 the safe use of 1,2-dibromo-2,4- Register of July 2, 1998 (63 FR 36246), Administrative practice and dicyanobutane (DBDCB) and a mixture FDA announced that it was amending procedure, Loan Program—Oil and Gas, of 5-chloro-2-methyl-4-isothiazolin-3- the filing notice of February 12, 1993, to Reporting and recordkeeping one (CMI) and 2-methyl-4-isothiazolin- indicate that the petitioner was also requirements. 3-one (MI), optionally containing proposing that the food additive magnesium nitrate, as antimicrobial regulations be amended to provide for Charles E. Hall, agents in emulsion-based silicone the safe use of Executive director, Emergency Oil and Gas coating formulations. This action tetramethyltetravinylcyclotetrasiloxane Guaranteed Loan Board. responds to a petition filed by Dow as an optional polymerization inhibitor For the reasons set forth in the Corning Corp. in the manufacture of preamble, the Emergency Oil and Gas DATES: This regulation is effective dimethylpolysiloxane coatings Guaranteed Loan Board amends 13 CFR February 11, 2000. Submit written produced by cross-linking a vinyl- part 500 as follows: objections and requests for a hearing by containing dimethylpolysiloxane with 1. The authority citation for part 500 March 13, 2000. methylhydrogen-containing continues to read as follows: ADDRESSES: Submit written objections to polysiloxane and Authority: Pub. L. 106–51, 113 Stat. 255 the Dockets Management Branch (HFA– dimethylmethylhydrogen polysiloxane (15 U.S.C. 1841 note). 305), Food and Drug Administration, polymers using a platinum catalyst.

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Also, subsequent to the filing of the (21 U.S.C. 348) and are not subject to The food additives anticancer, or petition, the petitioner requested that regulation as pesticide chemicals under Delaney, clause of the act (21 U.S.C. 348 1,2-dibromo-2,4-dicyanobutane be section 408 of the act (21 U.S.C. 346a). (c)(3)(A)) provides that no food additive included in the petition. Therefore, in a Although these antimicrobial uses are shall be deemed safe if it is found to notice published in the Federal Register regulated under section 409 of the act as induce cancer when ingested by man or of December 24, 1998 (63 FR 71294), food additives, nevertheless, the animal. Importantly, however, the FDA announced that it was amending intended uses may be subject to Delaney clause applies to the additive the filing notice of July 2, 1998, to regulation as pesticides under the itself and not to impurities in the indicate that the petitioner was also Federal Insecticide, Fungicide, and additive. That is, where an additive proposing that the food additive Rodenticide Act (FIFRA). Therefore, itself has not been shown to cause regulations be amended to provide for persons intending to market these food cancer, but contains a carcinogenic the safe use of 1,2-dibromo-2,4- additives for such antimicrobial uses impurity, the additive is properly dicyanobutane as an antimicrobial agent should contact the EPA to determine evaluated under the general safety in the manufacture of whether such uses require a pesticide standard using risk assessment dimethylpolysiloxane coatings registration under FIFRA. procedures to determine whether there produced by cross-linking a vinyl- In this document, the agency is is a reasonable certainty that no harm containing dimethylpolysiloxane with responding to the petitioner’s request to will result from the intended use of the methylhydrogen-containing amend the food additive regulations to additive. Scott v. FDA, 728 F.2d 322 polysiloxane and provide for the safe use of: (1) DBDCB, (6th Cir. 1984). dimethylmethylhydrogen polysiloxane and (2) a mixture of CMI and MI, B. Safety of Petitioned Use of the polymers using a platinum catalyst. optionally containing magnesium Additive A partial response to the petition nitrate, as antimicrobial agents in published in the Federal Register of emulsion-based silicone coating FDA estimates that the petitioned use December 23, 1998 (63 FR 71016). That formulations. of the CMI and MI mixture, optionally document responded to the petitioner’s containing magnesium nitrate, as an request to amend the food additive I. Evaluation of the Additive DBDCB antimicrobial agent in emulsion-based regulations to provide for the safe use of FDA has evaluated the data in the silicone coatings, will result in exposure dimethylpolysiloxane coatings petition and other material relevant to to no greater than 0.2 parts per billion produced by cross-linking a vinyl- the safety of DBDCB. The agency’s of the mixture in the daily diet (3 containing dimethylpolysiloxane with conclusion on the safe use of DBDCB is kilogram (kg)) or an estimated daily methylhydrogen polysiloxane and contained in section III of this intake (EDI) of 600 nanograms per dimethylmethylhydrogen polysiloxane document. person per day (ng/p/d) (Ref. 1). using a platinum catalyst. In that FDA does not ordinarily consider II. Evaluation of the Mixture of CMI document, FDA also amended the food chronic toxicological studies to be and MI additive regulations to provide for the necessary to determine the safety of an safe use of 3,5-dimethyl-1-hexyne-3-ol, In its evaluation of the safety of the additive whose use will result in such 1-ethynylcyclohexene, mixture of CMI and MI, optionally low exposure levels (Ref. 2), and the bis(methoxymethyl)ethyl maleate, containing magnesium nitrate, FDA has agency has not required such testing methylvinyl cyclosiloxane, and reviewed the safety of each component here. However, the agency has reviewed tetramethyltetravinylcyclotetrasiloxane of the mixture and the chemical the available toxicological data on the as optional polymerization inhibitors. impurities that may be present in the mixture of CMI and MI and concludes Also in the December 23, 1998, mixture resulting from its that the estimated small dietary document, the agency stated that in manufacturing process. Although the exposure resulting from the petitioned 1996, Congress enacted the Food components themselves have not been use of this mixture is safe. Quality Protection Act (the FQPA). As a shown to cause cancer, the mixture of FDA has evaluated the safety of the result of that law, antimicrobial CMI and MI, optionally containing CMI and MI mixture under the general formulations used in or on food contact magnesium nitrate, has been found to safety standard, considering all articles became subject to regulation as contain residual amounts of available data and using risk assessment pesticide chemicals by the U.S. dimethylnitrosamine (DMNA), a procedures to estimate the upper-bound Environmental Protection Agency carcinogenic impurity resulting from the limit of lifetime human risk presented (EPA). Thus, the petitioned manufacture of the mixture. Residual by DMNA, the carcinogenic chemical antimicrobial use of 1,2-dibromo-2,4- amounts of reactants and manufacturing that may be present as an impurity in dicyanobutane (DBDCB) and of 5- aids, such as DMNA, are commonly the mixture. The risk evaluation of chloro-2-methyl-4-isothiazolin-3-one found as contaminants in chemical DMNA has two aspects: (1) Assessment (CMI) and 2-methyl-4-isothiazolin-3-one products, including food additives. of exposure to the impurity from the (MI) mixture, optionally containing petitioned use of the mixture, and (2) A. Determination of Safety magnesium nitrate were, at that time, extrapolation of the risk observed in the subject to regulation by EPA. Under the general safety standard of animal bioassay to the conditions of Subsequently, Congress passed the the act (21 U.S.C. 348(c)(3)(A)), a food exposure to humans. Antimicrobial Regulation Technical additive cannot be approved for a Corrections Act of 1998 (the ARTCA) particular use unless a fair evaluation of 1. Dimethylnitrosamine (Public Law 105–324) that returned the data available to FDA establishes FDA has estimated the exposure to some of the regulatory authority for that the additive is safe for that use. DMNA from the petitioned use of the regulating antimicrobials in or on food FDA’s food additive regulations (21 CFR mixture of CMI and MI, optionally contact articles to FDA. As a result of 170.3(i)) define safe as ‘‘a reasonable containing magnesium nitrate, as an ARTCA, these petitioned antimicrobial certainty in the minds of competent antimicrobial agent in emulsion-based uses are once again subject to regulation scientists that the substance is not silicone coating formulations, to be no by FDA under section 409 of the Federal harmful under the intended conditions more than 0.1 part per quintillion in the Food, Drug, and Cosmetic Act (the act) of use.’’ daily diet (3 kg), or 0.3 femtograms per

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The under § 175.300(b)(3), by cross-reference such a description and analysis for any authors reported that DMNA was they may be used under § 176.170(b)(1). particular objection shall constitute a carcinogenic for male and female rats Therefore, this action does not include waiver of the right to a hearing on the under the conditions of the study, an amendment that would establish a objection. Three copies of all documents causing liver tumors in the rats. separate listing for the additives under shall be submitted and shall be Based on the agency’s estimate that § 176.170(b)(1). (FDA inadvertently identified with the docket number exposure to DMNA will not exceed 0.3 referred to § 176.170(b)(2) in the earlier found in brackets in the heading of this fg/p/d, FDA estimates that the upper- document.) document. Any objections received in bound limit of lifetime human risk from In accordance with § 171.1(h) (21 CFR response to the regulation may be seen the petitioned use of a mixture of CMI 171.1(h)), the petition and the in the Dockets Management Branch and MI, optionally containing documents that FDA considered and between 9 a.m. and 4 p.m., Monday magnesium nitrate, is 1 × 10¥14 or 1 in relied upon in reaching its decision to through Friday. approve the petition are available for 100 trillion (Refs. 1 and 4). Because of VII. References the numerous conservative assumptions inspection at the Center for Food Safety used in calculating the exposure and Applied Nutrition by appointment The following references have been estimate, the actual lifetime-averaged with the information contact person placed on display in the Dockets individual exposure to DMNA is likely listed above. As provided in § 171.1(h), Management Branch (address above) to be substantially less than the the agency will delete from the and may be seen by interested persons estimated exposure, and therefore, the documents any materials that are not between 9 a.m. and 4 p.m., Monday probable lifetime human risk would be available for public disclosure before through Friday. less than the upper-bound limit of making the documents available for inspection. 1. Memorandum dated March 10, 1999, lifetime human risk. Thus, the agency from The Division of Product Manufacture concludes that there is reasonable IV. Environmental Impact and Use, Chemistry Review Team (HFS–246), certainty that no harm from exposure to to the Division of Petition Control (HFS–215) The agency has previously considered DMNA would result from the petitioned entitled ‘‘FAP 3B4346 (MATS 675, 2.8.1)— the environmental effects of this action use of the mixture of CMI and MI, Dow Corning Corporation (DC). Request as announced in the amended notices of optionally containing magnesium dated 2–10–99 from Division of Petition filing for FAP 3B4346 published in the nitrate. Control (DPC) for an exposure estimate to Federal Register of July 2, 1998 (63 FR nitrosamine impurities in 5-chloro-2-methyl- 2. Need for Specifications 36246) and December 24, 1998 (63 FR 4-isothiazolin-3-one and 2-methyl-4- 71294). No new information or isothiazolin-3-one.’’ The agency has also considered comments have been received that 2. Kokoski, C. J., ‘‘Regulatory Food whether specifications are necessary to would affect the agency’s previous Additive Toxicology’’ in Chemical Safety control the amount of DMNA present as Regulation and Compliance, edited by F. determination that there is no Homburger, J. K. Marquis; published by S. an impurity in the mixture of CMI and significant impact on the human MI. The agency finds that specifications Karger, New York, NY, pp. 24–33, 1985. environment and that an environmental 3. Peto, R. et al., ‘‘Nitrosamine are not necessary for the following impact statement is not required. reasons: (1) Because of the low level at Carcinogenesis In 5120 Rodents: Chronic Administration Of Sixteen Different which DMNA may be expected to V. Paperwork Reduction Act of 1995 Concentrations Of NDEA, NDMA, NPYR And remain as an impurity following This final rule contains no collection NPIP In The Water of 4440 Inbred Rats, With production of the CMI and MI mixture, of information. Therefore, clearance by Parallel Studies On NDEA Alone Of The the agency would not expect this the Office of Management and Budget Effect Of Age Of Starting (3, 6 or 20 Weeks) impurity to become a component of under the Paperwork Reduction Act of And Of Species (Rats, Mice or Hamsters),’’ food at other than extremely low levels, 1995 is not required. IARC Science Publications, 57:627–665, and (2) the upper-bound limit of 1984. lifetime risk from exposure to this VI. Objections 4. Memorandum, dated March 25, 1999, impurity from the petitioned use is very from the Division of Petition Control (HFS– Any person who will be adversely 215), to Executive Secretary, Quantitative low, 1 in 100 trillion. affected by this regulation may at any Risk Assessment Committee (QRAC), (HFS– time on or before March 13, 2000 file III. Conclusion on Safety 308), entitled ‘‘Estimation of upper-bound with the Dockets Management Branch lifetime risk from dimethylnitrosamine, an FDA has evaluated the data in the (address above) written objections impurity in 5-chloro-2-methyl-4-isothiazolin- petition and other relevant material. thereto. Each objection shall be 3-one and 2-methyl-4-isothiazolin-3-one, the Based on this information, the agency separately numbered, and each subject of Food Additive Petition 3B4346 concludes that: (1) The proposed uses of numbered objection shall specify with (Dow Corning Corporation).’’ DBDCB, and of the mixture of CMI and particularity the provisions of the List of Subjects in 21 CFR Part 175 MI, optionally containing magnesium regulation to which objection is made nitrate, as antimicrobial agents in and the grounds for the objection. Each Adhesives, Food additives, Food silicone coating formulations are safe, numbered objection on which a hearing packaging. (2) each additive will achieve its is requested shall specifically so state. Therefore, under the Federal Food, intended technical effect, and therefore, Failure to request a hearing for any Drug, and Cosmetic Act and under that the regulations in §§ 175.300 and particular objection shall constitute a authority delegated to the Commissioner 175.320 should be amended as set forth waiver of the right to a hearing on that of Food and Drugs, 21 CFR part 175 is below. objection. Each numbered objection for amended as follows:

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PART 175ÐINDIRECT FOOD one (CAS Reg. No. 26172–55–4) and 1,2-Dibromo-2,4-dicyanobutane (CAS ADDITIVES: ADHESIVES AND 2-methyl-4-isothiazolin-3-one (CAS Reg No. 35691–65–7). For use as an COMPONENTS OF COATINGS Reg. No. 2628–20–4) mixture, at a antimicrobial agent at levels not to ratio of 3 parts to 1 part, exceed 500 milligrams per kilogram 1. The authority citation for 21 CFR respectively, manufactured from in emulsion-based silicone coatings. part 175 continues to read as follows: methyl-3-mercaptopropionate (CAS * * * * * Authority: 21 U.S.C. 321, 342, 348, 379e. Reg. No. 2935–90–2) and optionally 3. Section 175.320 is amended in the 2. Section 175.300 is amended in containing magnesium nitrate (CAS table in paragraph (b)(3) by paragraph (b)(3)(xxxiii), under the Reg. No. 10377–60–3) at a alphabetically adding two entries in heading ‘‘Miscellaneous materials’’ by concentration equivalent to the item (iii) under the headings ‘‘List of alphabetically adding two entries to isothiazolone active ingredients Substances’’ and ‘‘Limitations’’ to read read as follows: (weight/weight). For use only as an as follows: § 175.300 Resinous and polymeric antimicrobial agent in emulsion- coatings based silicone coatings at a level § 175.320 Resinous and polymeric not to exceed 50 milligrams per * * * * * coatings for polyolefin films. (b) * * * kilogram (based on isothiazolone * * * * * active ingredient) in the coating (3) * * * (b) * * * (xxxiii) * * * formulations. 5-Chloro-2-methyl-4-isothiazolin-3- * * * * * (3) * * *

List of substances Limitations

(iii) * * * 5-Chloro-2-methyl-4-isothiazolin-3-one (CAS Reg. No. 26172±55±4) For use only as an antimicrobial agent in emulsion-based silicone coat- and 2-methyl-4-isothiazolin-3-one (CAS Reg. No. 2628±20±4) mix- ings at a level not to exceed 50 milligrams per kilogram (based on ture, at a ratio of 3 parts to 1 part, respectively, manufactured from isothiazolone active ingredient) in the coating formulation. methyl-3-mercaptopropionate (CAS Reg. No. 2935±90±2) and option- ally containing magnesium nitrate (CAS Reg. No. 10377±60±3) at a concentration equivalent to the isothiazolone active ingredients (weight/weight). 1,2-Dibromo-2,4-dicyanobutane (CAS Reg. No. 35691±65±7) For use as an antimicrobial agent at levels not to exceed 500 milli- grams per kilogram in emulsion-based silicone coating. ****** *

* * * * * Animal Health to Schering-Plough authority delegated to the Commissioner Dated: January 24, 2000. Animal Health Corp. of Food and Drugs and redelegated to Margaret M. Dotzel, DATES: This rule is effective February the Center for Veterinary Medicine, 21 CFR part 522 is amended as follows: Acting Associate Commissioner for Policy. 11, 2000. [FR Doc. 00–3195 Filed 2–10–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: PART 522ÐIMPLANTATION OR BILLING CODE 4160±01±F Thomas J. McKay, Center for Veterinary INJECTABLE DOSAGE FORM NEW Medicine (HFV–102), Food and Drug ANIMAL DRUGS Administration, 7500 Standish Pl., DEPARTMENT OF HEALTH AND Rockville, MD 20855, 301–827–0213. HUMAN SERVICES 3. The authority citation for 21 CFR SUPPLEMENTARY INFORMATION: Bayer part 522 continues to read as follows: Corp., Agriculture Division, Animal Food and Drug Administration Health, P.O. Box 390, Shawnee Mission, Authority: 21 U.S.C. 360b. KS 66201 has informed FDA that it has 21 CFR Part 522 § 522.460 [Amended] transferred ownership of, and all rights New Animal Drugs; Change of Sponsor and interests in NADA 113–645 4. Section 522.460 Cloprostenol (cloprostenol sodium) to Schering- sodium is amended in paragraphs (a)(2) AGENCY: Food and Drug Administration, Plough Animal Health Corp., 1095 and (b)(2) by removing ‘‘000859’’ and HHS. Morris Ave., Union, NJ 07083. adding in its place ‘‘000061’’. ACTION: Final rule. Accordingly, the agency is amending the regulations in 21 CFR 522.460 to Dated: January 24, 2000. SUMMARY: The Food and Drug reflect the transfer of ownership. Claire M. Lathers, Director, Office of New Animal Drug Administration (FDA) is amending the List of Subjects in 21 CFR Part 522 animal drug regulations to reflect a Evaluation, Center for Veterinary Medicine. change of sponsor for an approved new Animal drugs. [FR Doc. 00–3194 Filed 2–10–00; 8:45 am] animal drug application (NADA) from Therefore, under the Federal Food, BILLING CODE 4160±01±F Bayer Corp., Agriculture Division, Drug, and Cosmetic Act and under

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DEPARTMENT OF HEALTH AND enactment of the 1976 amendments), FDAMA added paragraph (f)(2) in HUMAN SERVICES generally referred to as preamendments section 513 to the act, which also devices, are classified after FDA has: (1) addresses classification of Food and Drug Administration Received a recommendation from a postamendments devices. New device classification panel (an FDA paragraph (f)(2) in section 513 of the act 21 CFR Part 886 advisory committee); (2) published the provides that, upon receipt of a ‘‘not [Docket No. 93P±0277] panel’s recommendation for comment, substantially equivalent’’ determination, along with a proposed regulation a 510(k) applicant may request FDA to Medical Devices; Reclassification and classifying the device; and (3) published classify a postamendments device into Codification of a final regulation classifying the device. class I or class II. Within 60 days from Neodymium:Yttrium:Aluminum:Garnet FDA has classified most the date of such a written request, FDA (Nd:YAG) Laser for Peripheral preamendments devices under these must classify the device by written Iridotomy procedures. order. If FDA classifies the device into Devices that were not in commercial class I or II, the applicant has then AGENCY: Food and Drug Administration, distribution prior to May 28, 1976, received clearance to market the device HHS. generally referred to as postamendments and it can be used as a predicate device ACTION: Final rule. devices, are classified automatically by for other 510(k)’s. It is expected that this statute (section 513(f) of the act) into process will be used for low risk SUMMARY: The Food and Drug class III without any FDA rulemaking devices. This process does not apply to Administration (FDA) is announcing process. Those devices remain in class devices that have been classified by that it has issued an order in the form III and require premarket approval, regulation into class III—i.e., of a letter to Intelligent Surgical Lasers, unless and until: (1) The device is preamendments class III devices, or Inc. (ISL), (now doing business as reclassified into class I or II; (2) FDA class III devices for which a PMA is Escalon Medical Corporation), issues an order classifying the device appropriate. reclassifying the into class I or II in accordance with new Under section 513(f)(3)(B)(i) of the Neodymium:Yttrium:Aluminum:Garnet section 513(f)(2) of the act, as amended act, formerly section 513(f)(2)(B)(i) of (Nd:YAG) Laser for use in peripheral by FDAMA; or (3) FDA issues an order the act, the Secretary may, for good iridotomy from class III to class II finding the device to be substantially cause shown, refer a petition to a (special controls). Accordingly, the equivalent, under section 513(i) of the classification panel. If a petition is order is now being codified in the Code act, to a predicate device that does not referred to a panel, the panel shall make of Federal Regulations (CFR) as require premarket approval. The agency a recommendation to the Secretary respecting approval or denial of the described below. determines whether new devices are petition. Any such recommendation DATES: This rule is effective March 13, substantially equivalent to previously shall contain: (1) A summary of the 2000. The reclassification was effective offered devices by means of premarket reasons for the recommendation, (2) a August 13, 1999. notification procedures in section 510(k) summary of the data upon which the FOR FURTHER INFORMATION CONTACT: of the act (21 U.S.C. 360(k)) and 21 CFR recommendation is based, and (3) an Morris Waxler, Center for Devices and part 807 of the regulations. identification of the risks to health (if Radiological Health (HFZ–460), Food A preamendments device that has any) presented by the device with and Drug Administration, 9200 been classified into class III may be respect to which the petition was filed. Corporate Blvd., Rockville, MD 20850, marketed, by means of premarket On July 27, 1993, FDA filed the 301–594–2018. notification procedures, without reclassification petition submitted by SUPPLEMENTARY INFORMATION: submission of a premarket approval ISL, requesting reclassification under application (PMA) until FDA issues a I. Background (Regulatory Authorities) section 513(f)(3) of the act, of the final regulation under section 515(b) of ophthalmic Nd:YAG laser (mode-locked The Federal Food, Drug, and Cosmetic the act (21 U.S.C. 360e(b)) requiring or Q-switched) intended for peripheral Act (the act) (21 U.S.C. 301 et seq.), as premarket approval. iridotomy from class III to class II. This amended by the Medical Devices Reclassification of postamendments is a postamendments device that was Amendments of 1976 (the 1976 devices is governed by section 513(f)(3) automatically classified into class III. amendments) (Public Law 94–295), the of the act, formerly 513(f)(2) of the act. FDA consulted with the Ophthalmic Safe Medical Devices Act of 1990 (the This section provides that FDA may Devices Panel (the Panel). During an SMDA) (Public Law 101–629), and the initiate the reclassification of a device open public meeting on October 28, Food and Drug Administration classified into class III under section 1993, the Panel recommended that FDA Modernization Act of 1997 (FDAMA) 513(f)(1) of the act, or the manufacturer reclassify the Nd:YAG laser for (Public Law 105–115), established a or importer of a device may petition the peripheral iridotomy from class III to comprehensive system for the regulation Secretary of Health and Human Services class II. The Panel considered clinical of medical devices intended for human (the Secretary) for issuance of an order studies of Nd:YAG iridotomy that report use. Section 513 of the act (21 U.S.C. classifying the device in class I or class few risks to health and those that are 360c) established three categories II. FDA’s regulations in § 860.134 (21 reported have been clearly identified. (classes) of devices, depending on the CFR 860.134) set forth the procedures The incidence rates for iridotomy regulatory controls needed to provide for the filing and review of a petition for closure, vision loss due to progression reasonable assurance of their safety and reclassification of such class III devices. of laser-induced lens or corneal damage, effectiveness. The three categories of In order to change the classification of focal corneal opacities, mild iritis, and devices are class I (general controls), the device, it is necessary that the hyphema are either lower than those for class II (special controls), and class III proposed new class have sufficient argon laser surgery or conventional (premarket approval). regulatory controls to provide surgical iridotomy, or are self-limiting Under section 513 of the act, devices reasonable assurance of the safety and and not persistent. A few rare that were in commercial distribution effectiveness of the device for its complications (malignant glaucoma, before May 28, 1976 (the date of intended use. lens-induced endophthalmitis,

VerDate 272000 12:27 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm01 PsN: 11FER1 6894 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations monocular glaucoma, lens rupture) have III. Analysis of Impacts List of Subjects in 21 CFR Part 886 been reported. The risks of damage to FDA has examined the impacts of the Medical devices, Ophthalmic goods the corneal endothelium, the lens, and and services. the retina are slight. The Panel believes final rule under Executive Order 12866 and the Regulatory Flexibility Act (5 Therefore, under the Federal Food, these risks can be kept minimal by Drug, and Cosmetic Act and under ensuring proper device design of laser U.S.C. 601–612) (as amended by subtitle D of the Small Business Regulatory authority delegated to the Commissioner beam accuracy and precision. of Food and Drugs, 21 CFR part 886 is Fairness Enforcement Act of 1996 amended as follows: FDA considered the Panel’s (Public Law 104–121), and the recommendations and tentatively agreed Unfunded Mandates Reform Act of 1995 PART 886ÐOPHTHALMIC DEVICES that the generic type of device, Nd:YAG (Public Law 104–4)). Executive Order laser for peripheral iridotomy, be 12866 directs agencies to assess all costs 1. The authority citation for 21 CFR reclassified from class III to class II. and benefits of available regulatory part 886 continues to read as follows: FDA recommended that the generic alternatives and, when regulation is designation of the device be changed Authority: 21 U.S.C. 351, 360, 360c, 360e, necessary, to select regulatory from Nd:YAG laser for posterior 360j, 371. approaches that maximize net benefits capsulotomy to ND:YAG laser for 2. Section 886.4392 is revised to read (including potential economic, posterior capsulotomy and peripheral as follows: environmental, public health and safety, iridotomy. and other advantages; distributive § 886.4392 Nd:YAG laser for posterior Subsequently, in the Federal Register impacts; and equity). The agency capsulotomy and peripheral iridotomy. of March 8, 1996 (61 FR 9373), FDA believes that this final rule is consistent (a) Identification. The Nd:YAG laser issued the Panel’s recommendation for with the regulatory philosophy and for posterior capsulotomy and public comment. principles identified in the Executive peripheral iridotomy consists of a mode- After reviewing the data in the Order. In addition, the final rule is not locked or Q-switched solid state petition and presented before the Panel, a significant regulatory action as defined Nd:YAG laser intended for disruption of and after considering the Panel’s by the Executive Order and so is not the posterior capsule or the iris via recommendation, FDA, based on its and subject to review under the Executive optical breakdown. The Nd:YAG laser the Panel’s review, issued an order to Order. generates short pulse, low energy, high power, coherent optical radiation. When the petitioner on August 13, 1999, The Regulatory Flexibility Act the laser output is combined with reclassifying the Nd:YAG laser for requires agencies to analyze regulatory posterior capsulotomy, and focusing optics, the high irradiance at options that would minimize any the target causes tissue disruption via substantially equivalent devices of this significant impact of a rule on small generic type, from class III to class II, optical breakdown. A visible aiming entities. Reclassification of the device system is utilized to target the invisible with design parameters as the special from class III to class II will relieve all controls. Additionally, FDA changed the Nd:YAG laser radiation on or in close manufacturers of the device of the cost proximity to the target tissue. generic designation of the device from of complying with the premarket Nd:YAG laser for posterior capsulotomy (b) Classification. Class II (special approval requirements in section 515 of controls). Design Parameters: Device to Nd:YAG laser for posterior the act. Because reclassification will capsulotomy and peripheral iridotomy. must emit a laser beam with the reduce regulatory costs with respect to following parameters: wavelength = FDA believes the risks mentioned above this device, it will impose no significant can be kept minimal by ensuring proper 1064 nanometers; spot size = 50 to 100 economic impact on any small entities, micros; pulse width = 3 to 30 device design of the laser beam accuracy and it may permit small potential and precision, and through proper nanoseconds; output energy per pulse = competitors to enter the marketplace by 0.5 to 15 millijoules (mJ); repetition rate device labeling disclosures whereby the lowering their costs. The Commissioner surgeon can control the risk of = 1 to 10 pulses; and total energy = 20 of Food and Drugs therefore certifies to 120 mJ. intraocular pressure rise through that this final rule will not have a available, established medical significant economic impact on a Dated: January 24, 2000. treatments. substantial number of small entities. In Linda S. Kahan, Accordingly, as required by addition, this notice will not impose Deputy Director for Regulations Policy, Center § 860.134(b)(6) and (b)(7) of the costs of $100 million or more on either for Devices and Radiological Health. regulations, FDA is announcing the the private sector or State, local, and [FR Doc. 00–3173 Filed 2–10–00; 8:45 am] reclassification of the generic Nd:YAG tribal governments in the aggregate, and BILLING CODE 4160±01±F laser for posterior capsulotomy and therefore a summary statement or peripheral iridotomy from class III into analysis under section 202(a) of the class II. In addition, FDA is issuing the Unfunded Mandates Reform Act of 1995 DEPARTMENT OF DEFENSE notice to codify the reclassification of is not required. the device by revising 21 CFR 886.4392. Department of the Army IV. Paperwork Reduction Act of 1995 II. Environmental Impact 32 CFR Part 505 FDA concludes that this final rule The agency has determined under 21 contains no information that is subject [Army Reg. 340±21] CFR 25.34(b) that this reclassification is to review by the Office of Management Privacy Act; Implementation of a type that does not individually or and Budget under the Paperwork cumulatively have a significant effect on Reduction Act of 1995. The special AGENCY: Department of the Army, DoD. the human environment. Therefore, controls do not require the respondent ACTION: Final rule. neither an environmental assessment to submit additional information to the nor an environmental impact statement public. Therefore, no burden is placed SUMMARY: The Department of the Army is required. on the public. is administratively amending an

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Because of the broad scope of the contents of this 552a (k)(1) through (k)(7) from ADDRESSES: Privacy Act Officer, Records system of records, and since the subsections (c)(3), (d), (e)(1), (e)(4)(G) Management Program Division, U.S. introduction of documents is largely and (H), and (f). Total Army Personnel Command, unregulatable, specific portions or (iii) Authority: 5 U.S.C. 552a(k)(1) ATTN: TAPC-PDR-P, Stop C55, Ft. documents that may require an through (k)(7). Belvoir, VA 22060-5576. exemption can not be predetermined. (iv) Reasons: (A) From subsection FOR FURTHER INFORMATION CONTACT: Ms. Therefore, and to the extent that such Janice Thornton at (703) 806-4390 or material is received and maintained, (c)(3) because the release of the DSN 656-4390. selected individual documents may be disclosure accounting could alert the subject of an investigation of an actual SUPPLEMENTARY INFORMATION: Executive exempt. or potential criminal, civil, or regulatory Order 12866. It has been determined (A) Information specifically violation to the existence of the that this Privacy Act rule for the authorized to be classified under E.O. Department of Defense does not 12958, as implemented by DoD 5200.1– investigation and the fact that they are constitute ‘significant regulatory action’. R, may be exempt pursuant to 5 U.S.C. subjects of the investigation. It could Analysis of the rule indicates that it 552a(k)(1). permit the subject of an investigation or does not have an annual effect on the (B) Investigatory material compiled matter under investigation to obtain economy of $100 million or more; does for law enforcement purposes may be valuable information concerning the not create a serious inconsistency or exempt pursuant to 5 U.S.C. 552a(k)(2). nature of that investigation which will otherwise interfere with an action taken However, if an individual is denied any present a serious impediment to law or planned by another agency; does not right, privilege, or benefit for which he enforcement. would otherwise be entitled by Federal materially alter the budgetary impact of (B) From subsection (d) because entitlements, grants, user fees, or loan law or for which he would otherwise be eligible, as a result of the maintenance access to the records contained in this programs or the rights and obligations of system would inform the subject of an recipients thereof; does not raise novel of such information, the individual will be provided access to such information investigation of the existence of that legal or policy issues arising out of legal investigation, provide the subject of the mandates, the President’s priorities, or except to the extent that disclosure would reveal the identity of a investigation with information that the principles set forth in Executive might enable him to avoid detection of Order 12866 (1993). confidential source. (C) Records maintained in connection apprehension, and would present a Regulatory Flexibility Act. It has been with providing protective services to the serious impediment to law enforcement. determined that this Privacy Act rule for President and other individuals under the Department of Defense does not (C) From subsection (e)(1) because in 18 U.S.C. 3506, may be exempt pursuant have significant economic impact on a the course of criminal investigations to 5 U.S.C. 552a(k)(3). substantial number of small entities information is often obtained (D) Records maintained solely for concerning the violation of laws or civil because it is concerned only with the statistical research or program obligations of others not relating to administration of Privacy Act systems of evaluation purposes and which are not active case or matter. In the interest of records within the Department of used to make decisions on the rights, effective law enforcement, it is Defense. benefits, or entitlement of an individual Paperwork Reduction Act. It has been except for census records which may be necessary that this information be determined that this Privacy Act rule for disclosed under 13 U.S.C. 8, may be retained since it can aid in establishing the Department of Defense imposes no exempt pursuant to 5 U.S.C. 552a(k)(4). patterns of activity and provide valuable information requirements beyond the (E) Investigatory material compiled leads for other agencies and future cases Department of Defense and that the solely for the purpose of determining that may be brought. information collected within the suitability, eligibility, or qualifications (D) From subsections (e)(4)(G) and (H) Department of Defense is necessary and for federal civilian employment, because this system of records is exempt consistent with 5 U.S.C. 552a, known as military service, federal contracts, or from individual access pursuant to the Privacy Act of 1974. access to classified information may be subsections (k)(2) of the Privacy Act of List of Subjects in 32 CFR Part 505 exempt pursuant to 5 U.S.C. 552a(k)(5), 1974. but only to the extent that such material (E) From subsection (f) because this Privacy. would reveal the identity of a 1. The authority citation for 32 CFR confidential source. system of records has been exempted part 505 continues to read as follows: (F) Testing or examination material from the access provisions of subsection Authority: Pub. L. 93–579, 88 Stat. 1896 used solely to determine individual (d). (5 U.S.C. 552a). qualifications for appointment or * * * * * 2. Section 505.5, is amended by promotion in the Federal service may be Dated: February 4, 2000. revising paragraph (e)(18) as follows: exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would compromise the L.M. Bynum, § 505.5 Exemptions. objectivity or fairness of the test or Alternate OSD Federal Register Liaison * * * * * examination process. Officer, Department of Defense (e) Exempt Army records. * * * (G) Evaluation material used to [FR Doc. 00–3071 Filed 2–10–00; 8:45 am] (18) System identifier: A0025 JDIM determine potential for promotion in the BILLING CODE 5001±10±F

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DEPARTMENT OF DEFENSE regulation. The language is essentially list of items that can only be placed on the same as the previous edition (Sept. project lands or waters with a prior Department of the Army; Corps of 3, 1985) and is exactly the same as permit or other appropriate written Engineers paragraph 327.2h (Vehicles) which also authorization by the District specifies that the operation of a vehicle Commander. 36 CFR Part 327 must be ‘‘in accordance with applicable As a result of these comments, the Federal, state and local laws, which Public Use of Water Resources language has been changed to allow for shall be regulated by authorized the use of portable hunting stands or Development Projects Administered by enforcement officials as prescribed in the Chief of Engineers blinds without having to obtain a permit Sec. 327.26.’’ No changes are necessary or other written approval by the District AGENCY: U.S. Army Corps of Engineers, to this paragraph. Commander. The term ‘‘non-portable’’ 36 CFR 327.7(c). Camping. One DOD. will be inserted between the words commentator questioned the ACTION: Final rule. ‘‘signs’’ and ‘‘hunting stands’’. A second elimination of the ‘‘overnight sentence will be added to state, SUMMARY: occupancy’’ requirement, stating that The U.S. Army Corps of ‘‘Portable hunting stands, climbing Engineers has amended the rules and the new language could allow reserved devices, steps, or blinds, that are not regulations governing public use of sites to be unoccupied for up to 14 days nailed or screwed into trees and are water resources development projects without penalty. removed at the end of the day’s hunt administered by the Chief of Engineers. The intent of Corps policy is to may be used’’. This final rulemaking supersedes the encourage the actual occupancy of all regulation dated September 3, 1985 and reserved campsites. Based on this 36 CFR 327.21(a). Special Events. is designed to ensure safe, enjoyable and comment, the phrase ‘‘without daily Several commentators expressed environmentally sound visitation on the occupancy’’ has been inserted between concern over adding ‘‘fishing public lands, free from unwarranted the words ‘‘campsite’’ and ‘‘for the tournaments’’ to the list of special disturbances. This is accomplished by purpose.’’ events items that are prohibited unless setting minimum standards of conduct One commentator also questioned the written permission has been granted by for individuals using the public lands use of the word ‘‘unauthorized’’, stating the District Commander. Some of these and establishing penalties that may be that the word could be interpreted to commentators requested that a size limit imposed for failure to obey the mean that authorized placement of be set, allowing tournaments under 30 regulations. equipment or personal appearance (for boats to be conducted without a permit. These rules and regulations apply to the purposes of reserving a campsite) is Upon further review, fishing water resources development projects acceptable. tournaments will remain in the completed or under construction, which The term ‘‘unauthorized’’ regulation as stated due to the size and are administered by the Chief of acknowledges that there may be other variations of Corps projects Engineers, and to those portions of instances where there are ‘‘authorized’’ nationwide. However, to increase jointly administered water resources placement of equipment at a site flexibility, the following sentence has development projects, which are under depending on local management been added after the first sentence of the the administrative jurisdiction of the policies. For example, when an entrance paragraph: ‘‘Where appropriate, District Chief of Engineers. station is closed, many projects place a Commanders can provide the state a EFFECTIVE DATE: April 1, 2000. sign in the window instructing the blanket letter of permission to permit FOR FURTHER INFORMATION CONTACT: Mr. camper to select an unoccupied site, set fishing tournaments while coordinating Stephen Austin, Outdoor Recreation up camp and report back when the the scheduling and details of Planner, 202–761–1796. entrance station reopens. Eliminating tournaments with individual projects’’. the term ‘‘unauthorized’’ would cause SUPPLEMENTARY INFORMATION: this management practice to be in II. Amendments I. Comments on the Proposed Rule violation of 36 CFR 327. The term The following amendments to 36 CFR ‘‘unauthorized’’ will remain in this Thirteen responses were received Chapter III Part 327, as further revised paragraph. pertaining to the following six based on the comments received paragraphs of the regulation: 36 CFR 327.7(e) Camping. One commentator suggested that the words through the Proposed Rule process, are 36 CFR 327.1(e) Policy. One necessary to clarify and strengthen commentator questioned the use of the ‘‘is posted’’ be removed from the paragraph, stating that this phrase could selected regulations for more effective word ‘‘outgranted’’, stating that it management and to enhance public should not be used since it is not be interpreted to mean that campsites must be physically posted by a sign, site safety and enjoyment of Corps water included in the Webster Collegiate resource development projects. Some of Dictionary. marker, etc. For the safety and convenience of all the sections have been reworded and/or The word outgranted is an have had information added or deleted appropriate and legally acceptable term visitors, a method of indicating that a to clarify the regulations. These minor as defined in Army Regulation 405–80 site has been reserved (either by changes are editorial in nature and have (10 October 1997) as ‘‘a legal document physical posting or by other means) is been made to express the intent of the which conveys or grants the right to use necessary to avoid possible user regulation more concisely, and to Army-controlled real property’’. No conflicts. As a result of this comment, maintain consistency with existing changes are necessary to this paragraph. the phrase ‘‘or otherwise marked or 36 CFR 327.3(k) Vessels. One indicated’’ has been inserted between Public Laws. commentator expressed concern as to the phrase ‘‘is posted’’ and before the Discussion of Specific Rule Changes whether the Corps would still have phrase ‘‘as reserved’’. authority to enforce boating regulations 36 CFR 327.20 Unauthorized In Part 327, Secs. 327.1 through under the proposed new language. Structures. Several commentators 327.26, all references to ‘‘District Enforcement responsibility will expressed concern about adding the Engineer’’ have been changed to read remain unchanged under the revised words ‘‘hunting stands or blinds’’ to the ‘‘District Commander.’’

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36 CFR 327.0 Applicability 36 CFR 327.6 Picnicking read as a ‘‘sound producing device’’ and Section 327.6 is revised for generators have been added to the Section 327.0 is republished with no examples of motorized equipment. changes. consistency with current Corps of Engineers terminology. Paragraph (e) is added to clarify the 36 CFR 327.1 Policy potential prohibition of alcohol on 36 CFR 327.7 Camping project lands. Paragraph (f) is added to Section 327.1, paragraph (h), is Section 327.7 is revised to comply reflect requirements in E.O. 13058, revised to better define the with the National Recreation August 9, 1997. responsibility of an operator or owner of Reservation Service. 36 CFR 327.13 Explosives, Firearms, any vehicle, vessel, or aircraft. Other Weapons and Fireworks Paragraph (i) is added to define the 36 CFR 327.8 Hunting, Fishing, and responsibility of a registered user of a Trapping Section 327.13 is revised by adding campsite, picnic area, or other facility. Section 327.8 is revised by breaking the words ‘‘other weapons’’ to out each activity into separate paragraph (a). Information on explosives 36 CFR 327.2 Vehicles paragraphs for better clarification. and fireworks is moved from paragraph Section 327.2, paragraphs (b) and (d), (a) into a new paragraph (b) for 36 CFR 327.9 Sanitation clarification purposes. is edited for consistency. A portion of a Section 327.9, paragraph (a), is sentence has been moved from revised to include gray water. Paragraph 36 CFR 327.14 Public Property paragraph (d) into a new paragraph (h) (b) is revised to clarify the responsibility Section 327.14 is revised to include to emphasize the laws and regulating of the owner of garbage as defined in paleontological resources, and boundary authority for the operation of vehicles. this section. Paragraph (c) is revised to monumentation or markers in paragraph Paragraph (e) is revised by removing the include disposal of wastes for (a). Paragraph (c) is revised to include word ‘‘project’’ and paragraph (f) is consistency with other paragraphs in clarification on site specific revised by using the word ‘‘designated’’ this section. prohibitions. Paragraph (d) is added for to define the recreation area. clarification on metal detectors and is in 36 CFR 327.10 Fires 36 CFR 327.3 Vessels conformance with existing Corps Section 327.10, paragraph (b), is regulations. Section 327.3, paragraph (a), is revised to include floatation materials revised to substitute the term ‘‘personal and to clarify the regulation of open 36 CFR 327.15 Abandonment and watercraft’’ for ‘‘jetskis’’ and to add burnings for environmental Impoundment of Personal Property navigation on ice. A portion of a considerations. Section 327.15, paragraph (a), is sentence has been moved from 36 CFR 327.11 Control of Animals revised to include public safety or paragraph (c) into a new paragraph (k) resource protection to the reasons for to emphasize the laws and regulating Section 327.11, paragraph (a), is closure of a public use area. Paragraphs authority for the operation of vessels. revised to include waters adjacent to (b) and (c) are switched for better Paragraph (d) is rewritten for ease of developed recreation areas; to include a readability. Paragraph (b) is revised to readability and to include sentence which provides enforcement include private facilities, and to include environmental features. Paragraph (e) for animals which unreasonably disturb the impoundment of property for has been edited for clarity and to other people; to include the prohibition consistency with paragraph (c). include requirements of enforcement for of animals and pets on playgrounds; and Paragraph (c) is revised to increase the non-compliance. Paragraph (h) has been to include a sentence on the prohibition fair market value of property which may modified to include a restriction about of abandoning any animal on project be disposed of after 90 days, and to mooring vessels to project structures. lands or waters. Paragraph (b) is revised correct the word ‘‘covered’’ to to remove the words, ‘‘in sanitary ‘‘conveyed.’’ 36 CFR 327.4 Aircraft facilities’’. The word ‘‘trails’’ is added to paragraph (c) for clarification on the 36 CFR 327.16 Lost and Found Section 327.4 is revised to include types of recreation areas at Corps Articles environmental features in paragraph (c), projects. Paragraph (g) is added to this and the retrieval of person or material Section 327.16 is revised for section to restrict the presence of wild or equipment from project lands, and consistency with current Corps of or exotic pets and animals, or any pets the use of balloons in paragraph (e). Engineers terminology. or animals displaying vicious or Paragraph (f)(3) is revised to be aggressive behavior or posing a threat to 36 CFR 327.17 Advertisement consistent with other sections, and to public safety or deemed a public Section 327.17 is revised for more concisely define navigation rules. nuisance on project lands and waters consistency with current Corps of Paragraph (f)(6) is revised to remove unless authorized by the District Engineers terminology. repetitiveness. Commander. 36 CFR 327.18 Commercial Activities 36 CFR 327.5 Swimming 36 CFR 327.12 Restrictions Section 327.18 is revised by adding Section 327.5, paragraph (a), is Section 327.12 is revised by adding the words ‘‘project lands or waters’’, to updated to include wading and public resource protection to the list of reasons clarify where the solicitation of business docks, and the last sentence is removed that a District Commander may close or is prohibited. to eliminate repetitiveness with restrict the use of a project or portion of paragraph (c) of this section. Paragraph a project. Paragraph (c) has been 36 CFR 327.19 Permits (b) is revised to include appropriate modified by changing the phrase ‘‘the Section 327.19, paragraph (b), is terminology. Paragraph (c) is revised to safety of another person’’ to ‘‘the safety revised for consistency with current include the activity of swinging, and to of any person’’. The list of audio Corps of Engineers terminology. The include trees and structures which are producing devices has been removed in words ‘‘Rivers and Harbors’’ are added adjacent to project waters. paragraph (d) and is now generalized to to paragraph (c) for clarification of the

VerDate 272000 12:27 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm01 PsN: 11FER1 6898 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations referenced Act. The words ‘‘Water 36 CFR 327.25 Violations of Rules and PART 327ÐRULES AND Quality’’ are added to paragraph (d) for Regulations REGULATIONS GOVERNING PUBLIC clarification on the type of required Section 327.25 is revised to increase USE OF WATER RESOURCES certification. the amount of the maximum fine in DEVELOPMENT PROJECTS accordance with 18 USC, section 3571, ADMINISTERED BY THE CHIEF OF 36 CFR 327.20 Unauthorized ENGINEERS Structures and to remove duplicate words. 36 CFR 327.26 State and Local Laws 1. The authority citation for Part 327 Section 327.20 is revised to include is revised to read as follows: non-portable hunting stands or blinds, Section 327.26 is revised to include buoys, and docks in the list of structures the ‘‘possession’’ of firearms or other Authority: 16 U.S.C. 460d; 16 U.S.C. 4601– weapons, and ‘‘alcohol or other 6a; Sec. 210, Pub. L. 90–483, 82 Stat. 746.; for purposes of clarification. The section 33 U.S.C. 1, 28 Stat. 362. is also revised by changing the word controlled substances’’ to the list of ‘‘agreement’’ to ‘‘authorization’’ for examples which are governed by state 2. Sections 327.0 through 327.26 are consistency within the document. and local laws and ordinances. The revised to read as follows: paragraphs in this section have been 36 CFR 327.21 Special Events renumbered for consistency and better § 327.0 Applicability. readability. The regulations covered in this part Section 327.21, paragraph (a), is 327 shall be applicable to water revised to include fishing tournaments 36 CFR 327.30 and 327.31 resources development projects, in the list of special events. The These sections are not amended in completed or under construction, following sentence has been added to this proposed rule. administered by the Chief of Engineers, the paragraph: ‘‘Where appropriate, and to those portions of jointly III. Required Determinations District Commanders can provide the administered water resources state a blanket letter of permission to Executive Order 12291 development projects which are under permit fishing tournaments while This final rule is not a major rule as the administrative jurisdiction of the coordinating the scheduling and details defined by Executive Order 12291. Chief of Engineers. All other Federal, of tournaments with individual state and local laws and regulations projects’’. Paragraph (b) is revised to Regulatory Flexibility Act Determination remain in full force and effect where include the restoration of an area to pre- (5 U.S.C. 601 et seq.) applicable to those water resources event conditions for consistency with As required by the Regulatory development projects. Corps of Engineers regulations. Flexibility Act, the U.S. Army Corps of § 327.1 Policy. Engineers certifies that these regulatory 36 CFR 327.22 Unauthorized (a) It is the policy of the Secretary of amendments will not have a significant Occupation the Army, acting through the Chief of impact on small business entities. This Engineers, to manage the natural, rule is an update to the current Section 327.22 is revised for cultural and developed resources of consistency with current Corps of regulations governing public use on each project in the public interest, Engineers terminology. Corps of Engineers Water Resources providing the public with safe and Development Projects. 36 CFR 327.23 Recreation Use Fees healthful recreational opportunities Paperwork Reduction Act of 1995 (44 while protecting and enhancing these Section 327.22 is revised by removing U.S.C. 3501 et seq.) resources. (b) Unless otherwise indicated in this paragraph (b) and incorporating the This final rule does not contain part, the term ‘‘District Commander’’ information contained in this paragraph information collection requirements that shall include the authorized into paragraph (a) for better readability. require approval by OMB under the representatives of the District Paragraph (c) is redesignated as Paperwork Reduction Act. paragraph (b) and a new paragraph (c) Commander. is added to include a prohibition on the Unfunded Mandates Reform Act (2 (c) The term ‘‘project’’ or ‘‘water failure to pay day use fees and to U.S.C. 1502 et seq.) resources development project’’ refers to properly display the day use pass. A This rulemaking will not impose the water areas of any water resources prohibition about the fraudulent use of unfunded mandates under the development project administered by a Golden Age or Golden Access Unfunded Mandates Reform Act of the Chief of Engineers, without regard to Passports is added to paragraph (d). 1995. It will not result in costs of $100 ownership of underlying land, to all Paragraph (e) is removed for consistency million or more on State, local, or tribal lands owned in fee by the Federal with the National Recreation governments or private entities. Government and to all facilities therein Reservation Service. or thereon of any such water resources Dated: February 3, 2000. development project. 36 CFR 327.24 Interference With Approved: (d) All water resources development Government Employees Eric R. Potts, projects open for public use shall be Colonel, Corps of Engineers, Executive available to the public without regard to Section 327.24, paragraph (a), is Director for Civil Works. sex, race, color, creed, age, nationality revised to include the words ‘‘attempt to or place of origin. No lessee, licensee, or List of Subjects in 36 CFR Part 327 kill, or kill,’’ for consistency with Title concessionaire providing a service to 18, United States Code. Paragraph (b) is Natural resources, Penalties, Public the public shall discriminate against any revised to include the words lands, Recreation and recreation areas, person because of sex, race, creed, color, ‘‘information deemed necessary for,’’ to Resource management, Water resources. age, nationality or place of origin in the provide clarification on type of other For the reasons set forth in the conduct of the operations under the identification which may be required by preamble, amend Part 327 of Title 36 of lease, license or concession contract. a Federal employee in the performance the Code of Federal Regulations as (e) In addition to the regulations in of issuing citations. follows: this part 327, all applicable Federal,

VerDate 272000 12:27 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm01 PsN: 11FER1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations 6899 state and local laws and regulations barricade, fence, or traffic control barrier board in compliance with U.S. Coast remain in full force and effect on project is prohibited. Guard boating safety requirements and lands or waters which are outgranted by (d) Vehicles shall be operated in in compliance with boating safety laws the District Commander by lease, accordance with posted restrictions and issued and enforced by the state in license or other written agreement. regulations. which the vessel is located. Owners or (f) The regulations in this part 327 (e) No person shall operate any operators of vessels not in compliance shall be deemed to apply to those lands vehicle in a careless, negligent or with this section may be requested to and waters which are subject to treaties reckless manner so as to endanger any remove the vessel immediately from and Federal laws and regulations person, property or environmental project waters until such time as items concerning the rights of Indian Nations feature. of non-compliance are corrected. and which lands and waters are (f) At designated recreation areas, (f) Unless otherwise permitted by incorporated, in whole or in part, within vehicles shall be used only to enter or Federal, state or local law, vessels or water resources development projects leave the area or individual sites or other watercraft, while moored in administered by the Chief of Engineers, facilities unless otherwise posted. commercial facilities, community or to the extent that the regulations in this (g) Except as authorized by the corporate docks, or at any fixed or part 327 are not inconsistent with such District Commander, no person shall permanent mooring point, may only be treaties and Federal laws and operate any motorized vehicle without a used for overnight occupancy when regulations. proper and effective exhaust muffler as such use is incidental to recreational (g) Any violation of any section of this defined by state and local laws, or with boating. Vessels or other watercraft are part 327 shall constitute a separate an exhaust muffler cutout open, or in not to be used as a place of habitation violation for each calendar day in which any other manner which renders the or residence. it occurs. exhaust muffler ineffective in muffling (g) Water skis, parasails, ski-kites and (h) For the purposes of this part 327, the sound of engine exhaust. similar devices are permitted in the operator of any vehicle, vessel or (h) Vehicles shall be operated in nonrestricted areas except that they may aircraft as described in this part, shall be accordance with applicable Federal, not be used in a careless, negligent, or presumed to be responsible for its use state and local laws, which shall be reckless manner so as to endanger any on project property. In the event where regulated by authorized enforcement person, property or environmental an operator cannot be determined, the officials as prescribed in § 327.26. feature. owner of the vehicle, vessel, or aircraft, (h) Vessels shall not be attached or § 327.3 Vessels. whether attended or unattended, will be anchored to structures such as locks, presumed responsible. Unless proven (a) This section pertains to all vessels dams, buoys or other structures unless otherwise, such presumption will be or watercraft, including, but not limited authorized by the District Commander. sufficient to issue a citation for the to, powerboats, cruisers, houseboats, All vessels when not in actual use shall violation of regulations applicable to the sailboats, rowboats, canoes, kayaks, be removed from project lands and use of such vehicle, vessel or aircraft as personal watercraft, and any other such waters unless securely moored or stored provided for in § 327.25. equipment capable of navigation on at designated areas approved by the (i) For the purposes of this part 327, water or ice, whether in motion or at District Commander. The placing of the registered user of a campsite, picnic rest. floating or stationary mooring facilities area, or other facility shall be presumed (b) The placement and/or operation of on, adjacent to, or interfering with a to be responsible for its use. Unless any vessel or watercraft for a fee or buoy, channel marker or other proven otherwise, such presumption profit upon project waters or lands is navigational aid is prohibited. will be sufficient to issue a citation for prohibited except as authorized by (i) The use at a project of any vessel the violation of regulations applicable to permit, lease, license, or concession not constructed or maintained in the use of such facilities as provided for contract with the Department of the compliance with the standards and in § 327.25. Army. This paragraph shall not apply to requirements established by the Federal the operation of commercial tows or Safe Boating Act of 1971 (Pub. L. 92–75, § 327.2 Vehicles. passenger carrying vessels not based at 85 Stat. 213), or promulgated pursuant (a) This section pertains to all a Corps project which utilize project to such act, is prohibited. vehicles, including, but not limited to, waters as a link in continuous transit (j) Except as authorized by the District automobiles, trucks, motorcycles, mini- over navigable waters of the United Commander, no person shall operate bikes, snowmobiles, dune buggies, all- States. any vessel or watercraft without a terrain vehicles, and trailers, campers, (c) Vessels or other watercraft may be proper and effective exhaust muffler as bicycles, or any other such equipment. operated on the project waters, except in defined by state and local laws, or with (b) Vehicles shall not be parked in prohibited or restricted areas, in an exhaust muffler cutout open, or in violation of posted restrictions and accordance with posted regulations and any other manner which renders the regulations, or in such a manner as to restrictions, including buoys. All vessels exhaust muffler ineffective in muffling obstruct or impede normal or emergency or watercraft so required by applicable the sound of engine exhaust. traffic movement or the parking of other Federal, state and local laws shall (k) All vessels or other watercraft vehicles, create a safety hazard, or display an appropriate registration on shall be operated in accordance with endanger any person, property or board whenever the vessel is on project applicable Federal, state and local laws, environmental feature. Vehicles so waters. which shall be regulated by authorized parked are subject to removal and (d) No person shall operate any vessel enforcement officials as prescribed in impoundment at the owner’s expense. or other watercraft in a careless, § 327.26. (c) The operation and/or parking of a negligent, or reckless manner so as to vehicle off authorized roadways is endanger any person, property, or § 327.4 Aircraft. prohibited except at locations and times environmental feature. (a) This section pertains to all aircraft designated by the District Commander. (e) All vessels, when on project including, but not limited to, airplanes, Taking any vehicle through, around or waters, shall have safety equipment, seaplanes, helicopters, ultra-light beyond a restrictive sign, recognizable including personal flotation devices, on aircraft, motorized hang gliders, hot air

VerDate 272000 12:27 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm01 PsN: 11FER1 6900 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations balloons, any non-powered flight (i) The mooring is safe, secure, and § 327.8 Hunting, fishing, and trapping. devices or any other such equipment. accomplished so as not to damage the (a) Hunting is permitted except in (b) The operation of aircraft on project rights of the Government or members of areas and during periods where lands at locations other than those the public, and prohibited by the District Commander. designated by the District Commander is (ii) The operator remains in the (b) Trapping is permitted except in prohibited. This provision shall not be vicinity of the seaplane and reasonably areas and during periods where applicable to aircraft engaged on official available to relocate the seaplane if prohibited by the District Commander. business of Federal, state or local necessary. (c) Fishing is permitted except in governments or law enforcement (5) Commercial operation of seaplanes swimming areas, on boat ramps or other agencies, aircraft used in emergency from project waters is prohibited areas designated by the District rescue in accordance with the directions without written approval of the District Commander. of the District Commander or aircraft Commander following consultation with (d) Additional restrictions pertaining forced to land due to circumstances and necessary clearance from the to these activities may be established by beyond the control of the operator. Federal Aviation Administration (FAA) the District Commander. (c) No person shall operate any and other appropriate public authorities (e) All applicable Federal, State and aircraft while on or above project waters and affected interests. local laws regulating these activities or project lands in a careless, negligent (6) Seaplanes may not be operated at apply on project lands and waters, and or reckless manner so as to endanger Corps projects between sunset and shall be regulated by authorized any person, property or environmental sunrise unless approved by the District enforcement officials as prescribed in feature. Commander. § 327.26. (d) Nothing in this section bestows authority to deviate from rules and § 327.5 Swimming. § 327.9 Sanitation. (a) Garbage, trash, rubbish, litter, gray regulations or prescribed standards of (a) Swimming, wading, snorkeling or water, or any other waste material or the appropriate State Aeronautical scuba diving at one’s own risk is waste liquid generated on the project Agency, or the Federal Aviation permitted, except at launching sites, and incidental to authorized Administration, including, but not designated mooring points and public recreational activities shall be either limited to, regulations and standards docks, or other areas so designated by removed from the project or deposited concerning pilot certifications or the District Commander. ratings, and airspace requirements. in receptacles provided for that purpose. (e) Except in extreme emergencies (b) An international diver down, or The improper disposal of such wastes, threatening human life or serious inland diving flag must be displayed human and animal waste included, on property loss, the air delivery or during underwater activities. the project is prohibited. retrieval of any person, material or (c) Diving, jumping or swinging from (b) It is a violation to bring onto a equipment by parachute, balloon, trees, bridges or other structures which project any household or commercial helicopter or other means onto or from cross or are adjacent to project waters is garbage, trash, rubbish, debris, dead project lands or waters without written prohibited. animals or litter of any kind for disposal permission of the District Commander is § 327.6 Picnicking. or dumping without the written prohibited. permission of the District Commander. Picnicking and related day-use (f) In addition to the provisions in For the purposes of this section, the activities are permitted, except in those paragraphs (a) through (e) of this owner of any garbage, trash, rubbish, areas where prohibited by the District section, seaplanes are subject to the debris, dead animals or litter of any Commander. following restrictions: kind shall be presumed to be (1) Such use is limited to aircraft § 327.7 Camping. responsible for proper disposal. Such utilized for water landings and takeoff, (a) Camping is permitted only at sites presumption will be sufficient to issue in this part called seaplanes, at the risk and/or areas designated by the District a citation for violation. of owner, operator and passenger(s). Commander. (c) The spilling, pumping, discharge (2) Seaplane operations contrary to or disposal of contaminants, pollutants (b) Camping at one or more campsites the prohibitions or restrictions or other wastes, including, but not at any one water resource project for a established by the District Commander limited to, human or animal waste, period longer than 14 days during any (pursuant to part 328 of this title) are petroleum, industrial and commercial 30-consecutive-day period is prohibited prohibited. The responsibility to products and by-products, on project without the written permission of the ascertain whether seaplane operations lands or into project waters is District Commander. are prohibited or restricted is incumbent prohibited. upon the person(s) contemplating the (c) The unauthorized placement of (d) Campers, picnickers, and all other use of, or using, such waters. camping equipment or other items on a persons using a water resources (3) All operations of seaplanes while campsite and/or personal appearance at development project shall keep their upon project waters shall be in a campsite without daily occupancy for sites free of trash and litter during the accordance with U.S. Coast Guard the purpose of reserving that campsite period of occupancy and shall remove navigation rules for powerboats or for future occupancy is prohibited. all personal equipment and clean their vessels and § 327.3. (d) The digging or leveling of any sites upon departure. (4) Seaplanes on project waters and ground or the construction of any (e) The discharge or placing of lands in excess of 24 hours shall be structure without written permission of sewage, galley waste, garbage, refuse, or securely moored at mooring facilities the District Commander is prohibited. pollutants into the project waters from and at locations permitted by the (e) Occupying or placement of any any vessel or watercraft is prohibited. District Commander. Seaplanes may be camping equipment at a campsite which temporarily moored on project waters is posted or otherwise marked or § 327.10 Fires. and lands, except in areas prohibited by indicated as ‘‘reserved’’ without an (a) Gasoline and other fuels, except the District Commander, for periods less authorized reservation for that site is that which is contained in storage tanks than 24 hours providing: prohibited. of vehicles, vessels, camping

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This fee ammunition, loaded projectile firing Commander, and shall be contained in shall be paid before the impounded devices, bows and arrows, crossbows, or fireplaces, grills, or other facilities animal is returned to its owner(s). other weapons is prohibited unless: designated for this purpose. Fires shall (g) Wild or exotic pets and animals (1) In the possession of a Federal, not be left unattended and must be (including but not limited to cougars, state or local law enforcement officer; completely extinguished prior to lions, bears, bobcats, wolves, and (2) Being used for hunting or fishing departure. The burning of materials that snakes), or any pets or animals as permitted under § 327.8, with devices produce toxic fumes, including, but not displaying vicious or aggressive being unloaded when transported to, limited to, tires, plastic and other behavior or otherwise posing a threat to from or between hunting and fishing floatation materials or treated wood public safety or deemed a public sites; products is prohibited. The District nuisance, are prohibited from project (3) Being used at authorized shooting Commander may prohibit open burning lands and waters unless authorized by ranges; or of any type for environmental the District Commander, and are subject (4) Written permission has been considerations. to removal in accordance with Federal, received from the District Commander. (c) Improper disposal of lighted state and local laws. (b) Possession of explosives or smoking materials, matches or other explosive devices of any kind, including burning material is prohibited. § 327.12 Restrictions. fireworks or other pyrotechnics, is (a) The District Commander may prohibited unless written permission § 327.11 Control of animals. establish and post a schedule of visiting has been received from the District (a) No person shall bring or allow hours and/or restrictions on the public Commander. dogs, cats, or other pets into developed use of a project or portion of a project. § 327.14 Public property. recreation areas or adjacent waters The District Commander may close or (a) Destruction, injury, defacement, unless penned, caged, on a leash under restrict the use of a project or portion of removal or any alteration of public six feet in length, or otherwise a project when necessitated by reason of property including, but not limited to, physically restrained. No person shall public health, public safety, developed facilities, natural formations, allow animals to impede or restrict maintenance, resource protection or mineral deposits, historical and otherwise full and free use of project other reasons in the public interest. archaeological features, paleontological lands and waters by the public. No Entering or using a project in a manner resources, boundary monumentation or person shall allow animals to bark or which is contrary to the schedule of markers and vegetative growth, is emit other noise which unreasonably visiting hours, closures or restrictions is prohibited except when in accordance disturbs other people. Animals and pets, prohibited. with written permission of the District except properly trained animals (b) Quiet shall be maintained in all Commander. assisting those with disabilities (such as public use areas between the hours of 10 (b) Cutting or gathering of trees or seeing-eye dogs), are prohibited in p.m. and 6 a.m., or those hours parts of trees and/or the removal of sanitary facilities, playgrounds, designated by the District Commander. wood from project lands is prohibited swimming beaches and any other areas Excessive noise during such times without written permission of the so designated by the District which unreasonably disturbs persons is District Commander. Commander. Abandonment of any prohibited. (c) Gathering of dead wood on the animal on project lands or waters is (c) Any act or conduct by any person ground for use in designated recreation prohibited. Unclaimed or unattended which interferes with, impedes or areas as firewood is permitted, unless animals are subject to immediate disrupts the use of the project or impairs prohibited and posted by the District impoundment and removal in the safety of any person is prohibited. Commander. accordance with state and local laws. Individuals who are boisterous, rowdy, (d) The use of metal detectors is (b) Persons bringing or allowing pets disorderly, or otherwise disturb the permitted on designated beaches or in designated public use areas shall be peace on project lands or waters may be other previously disturbed areas unless responsible for proper removal and requested to leave the project. prohibited by the District Commander disposal of any waste produced by these (d) The operation or use of any sound for reasons of protection of animals. producing or motorized equipment, archaeological, historical or (c) No person shall bring or allow including but not limited to generators, paleontological resources. Specific horses, cattle, or other livestock in vessels or vehicles, in such a manner as information regarding metal detector camping, picnicking, swimming or other to unreasonably annoy or endanger policy and designated use areas is recreation areas or on trails except in persons at any time or exceed state or available at the Manager’s Office. Items areas designated by the District local laws governing noise levels from found must be handled in accordance Commander. motorized equipment is prohibited. with §§ 327.15 and 327.16 except for (d) Ranging, grazing, watering or (e) The possession and/or non-identifiable items such as coins of allowing livestock on project lands and consumption of alcoholic beverages on value less than $25. waters is prohibited except when any portion of the project land or authorized by lease, license or other waters, or the entire project, may be § 327.15 Abandonment and impoundment written agreement with the District prohibited when designated and posted of personal property. Commander. by the District Commander. (a) Personal property of any kind shall (e) Unauthorized livestock are subject (f) Unless authorized by the District not be abandoned, stored or left to impoundment and removal in Commander, smoking is prohibited in unattended upon project lands or

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Water quality certification a public use area or for the purpose of they are used for authorized recreational may be required pursuant to Section 401 providing public safety or resource activities and comply with all other of the Clean Water Act (33 U.S.C. 1341). protection, unattended personal rules and regulations pertaining to (e) Shoreline Use Permits to authorize property shall be presumed to be vessels and vehicles. private shoreline use facilities, activities abandoned and may be impounded and or development (issued under the stored at a storage point designated by § 327.18 Commercial activities. authority of § 327.30) may be issued in the District Commander, who may (a) The engaging in or solicitation of accordance with the project Shoreline assess a reasonable impoundment fee. business on project land or waters Management Plan. Failure to comply Such fee shall be paid before the without the express written permission with the permit conditions issued under impounded property is returned to its of the District Commander is prohibited. § 327.30 is prohibited. owner. (b) It shall be a violation of this part (b) Personal property placed on to refuse to or fail to comply with any § 327.20 Unauthorized structures. Federal lands or waters adjacent to a terms, clauses or conditions of any The construction, placement, or private residence, facility and/or lease, license or agreements issued by existence of any structure (including, developments of any private nature for the District Commander. but not limited to, roads, trails, signs, non-portable hunting stands or blinds, more than 24 hours without permission § 327.19 Permits. of the District Commander shall be buoys, docks, or landscape features) of (a) It shall be a violation of this part presumed to have been abandoned and, any kind under, upon, in or over the to refuse to or fail to comply with the unless proven otherwise, such project lands, or waters is prohibited fee requirements or other terms or presumption will be sufficient to unless a permit, lease, license or other conditions of any permit issued under impound the property and/or issue a appropriate written authorization has the provisions of this part 327. been issued by the District Commander. citation as provided for in § 327.25. (b) Permits for floating structures (c) The District Commander shall, by The design, construction, placement, (issued under the authority of § 327.30) public or private sale or otherwise, existence or use of structures in of any kind on/in waters of water dispose of all lost, abandoned or violation of the terms of the permit, resources development projects, unclaimed personal property that comes lease, license, or other written whether or not such waters are deemed into Government custody or control. authorization is prohibited. The navigable waters of the United States However, property may not be disposed government shall not be liable for the but where such waters are under the of until diligent effort has been made to loss of, or damage to, any private management of the Corps of Engineers, find the owner, heirs, next of kin or structures, whether authorized or not, shall be issued at the discretion of the legal representative(s). If the owner, placed on project lands or waters. District Commander under the authority heirs, next of kin or legal Unauthorized structures are subject to of this section. District Commanders representative(s) are determined but not summary removal or impoundment by will delineate those portions of the found, the property may not be disposed the District Commander. Portable navigable waters of the United States of until the expiration of 120 days after hunting stands, climbing devices, steps, where this provision is applicable and the date when notice, giving the time or blinds, that are not nailed or screwed post notices of this designation in the and place of the intended sale or other into trees and are removed at the end of vicinity of the appropriate Manager’s disposition, has been sent by certified or a day’s hunt may be used. office. registered mail to that person at the last (c) Permits for non-floating structures § 327.21 Special events. known address. When diligent efforts to (issued under the authority of § 327.30) (a) Special events including, but not determine the owner, heirs, next of kin of any kind constructed, placed in or limited to, water carnivals, boat regattas, or legal representative(s) are affecting waters of water resources fishing tournaments, music festivals, unsuccessful, the property may be development projects where such dramatic presentations or other special disposed of without delay except that if waters are deemed navigable waters of recreation programs are prohibited it has a fair market value of $100 or the U.S. shall be issued under the unless written permission has been more the property may not be disposed provisions of section 10 of the Rivers granted by the District Commander. of until 90 days after the date it is and Harbors Act approved March 3, Where appropriate, District received at the storage point designated 1899 (33 U.S.C. 403). If a discharge of Commanders can provide the state a by the District Commander. The net dredged or fill material in these waters blanket letter of permission to permit proceeds from the sale of property shall is involved, a permit is required under fishing tournaments while coordinating be conveyed into the Treasury of the section 404 of the Clean Water Act (33 the scheduling and details of United States as miscellaneous receipts. U.S.C. 1344). (See 33 CFR parts 320 tournaments with individual projects. § 327.16 Lost and found articles. through 330.) An appropriate fee may be charged All articles found shall be deposited (d) Permits for non-floating structures under the authority of § 327.23. by the finder at the Manager’s office or (issued under the authority of § 327.30) (b) The public shall not be charged with a ranger. All such articles shall be of any kind in waters of water resources any fee by the sponsor of such event disposed of in accordance with the development projects, where such unless the District Commander has procedures set forth in § 327.15. waters are under the management of the approved in writing (and the sponsor Corps of Engineers and where such has properly posted) the proposed § 327.17 Advertisement. waters are not deemed navigable waters schedule of fees. The District Advertising by the use of billboards, of the United States, shall be issued as Commander shall have authority to signs, markers, audio devices, handbills, set forth in paragraph (b) of this section. revoke permission, require removal of circulars, posters, or any other means If a discharge of dredged or fill material any equipment, and require restoration whatsoever, is prohibited without into any water of the United States is of an area to pre-event condition, upon written permission of the District involved, a permit is required under failure of the sponsor to comply with Commander. Vessels and vehicles with section 404 of the Clean Water Act (33 terms and conditions of the permit/

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The with that employee while engaged in BILLING CODE 3710±41±P provisions of this section shall not the performance of their official duties. apply to the occupation of lands for the Such interference with a Federal purpose of camping, in accordance with employee includes failure to provide a POSTAL SERVICE the provisions of § 327.7. correct name, address or other (b) Use of project lands or waters for information deemed necessary for 39 CFR Part 111 agricultural purposes is prohibited identification upon request of the except when in compliance with terms Federal employee, when that employee Substantially Related Eligibility and conditions authorized by lease, is authorized by the District Commander Requirements for Nonprofit Standard license or other written agreement to issue citations in the performance of Mail Rate Matter issued by the District Commander. the employee’s official duties. AGENCY: Postal Service. § 327.23 Recreation use fees. § 327.25 Violations of rules and (a) In accordance with the Land and regulations. ACTION: Final rule. Water Conservation Fund Act of 1965 (a) Any person who violates the (16 U.S.C. 460l) and the Omnibus provisions of the regulations in this SUMMARY: This final rule amends the Budget Reconciliation Act of 1993, Pub. part, other than for a failure to pay Domestic Mail Manual (DMM) to clarify L. 103–66, the Corps of Engineers authorized recreation use fees as ‘‘substantially related’’ eligibility collects day use fees, special recreation separately provided for in § 327.23, may requirements for mail matter entered by use fees and/or special permit fees for be punished by a fine of not more than authorized nonprofit customers. the use of specialized sites, facilities, $5,000 or imprisonment for not more EFFECTIVE DATE: February 10, 2000. equipment or services related to outdoor than six months or both and may be recreation furnished at Federal expense. tried and sentenced in accordance with FOR FURTHER INFORMATION CONTACT: (b) Where such fees are charged, the the provisions of section 3401 of Title Jerome M. Lease, (202)268–5188. District Commander shall insure that 18, United States Code. Persons clear notice of fee requirements is SUPPLEMENTARY INFORMATION: On May 5, designated by the District Commander prominently posted at each area, and at 1995, the Postal Service published a shall have the authority to issue a appropriate locations therein and that final rule in the Federal Register (60 FR citation for violation of the regulations the notice be included in publications 22270–22274) implementing provisions in this part, requiring any person distributed at such areas. Failure to pay of Public Laws 103–123 and 103–329. charged with the violation to appear authorized recreation use fees as Those laws restrict the eligibility of before the United States Magistrate established pursuant to Pub. L. 88–578, certain mailings for the Nonprofit within whose jurisdiction the affected 78 Stat. 897, as amended (16 U.S.C. Standard Mail rates to those containing water resources development project is 460l–6a), is prohibited and is advertisements for products and located (16 U.S.C. 460d). punishable by a fine of not more than services that are substantially related to (b) Any person who commits an act the nonprofit customer’s qualifying $100. against any official or employee of the (c) Failure to pay authorized day use purpose. U.S. Army Corps of Engineers that is a fees, and/or properly display applicable crime under the provisions of section On two occasions in the early 1990s, receipt, permit or pass is prohibited. 111 or section 1114 of Title 18, United Congress enacted laws that place (d) Any Golden Age or Golden Access limitations on the content of advertising Passport permittee shall be entitled, States Code or under provisions of pertinent state law may be tried and matter eligible for the nonprofit rates. upon presentation of such a permit, to The first of these, codified to a large utilize special recreation facilities at a sentenced as further provided under Federal or state law, as the case may be. extent as 39 U.S.C. 3626(j)(1)(A–C), rate of 50 percent off the established use limited solicitations for credit cards and fee at Federally operated areas. § 327.26 State and local laws. similar financial instruments, insurance, Fraudulent use of a Golden Age or (a) Except as otherwise provided in and travel. The second, codified as 39 Golden Access Passport is prohibited. this part or by Federal law or regulation, U.S.C. 3626(j)(1)(D), limited § 327.24 Interference with Government state and local laws and ordinances solicitations for all other products and employees. shall apply on project lands and waters. services. This notice concerns the (a) It is a Federal crime pursuant to This includes, but is not limited to, state second limitation, specifically the the provisions of sections 111 and 1114 and local laws and ordinances standards regarding substantially related of Title 18, United States Code, to governing: advertisements. forcibly assault, resist, oppose, impede, (1) Operation and use of motor The standards implementing 39 vehicles, vessels, and aircraft; intimidate, or interfere with, attempt to (2) Hunting, fishing and trapping; U.S.C. 3626(j)(1)(D) are contained in kill or kill any civilian official or (3) Use or possession of firearms or Domestic Mail Manual (DMM) section employee for the U.S. Army Corps of other weapons; E670. Section E670.5.4d provides that Engineers engaged in the performance of (4) Civil disobedience and criminal the Nonprofit Standard Mail rates may his or her official duties, or on account acts; not be used for the entry of material that of the performance of his or her official (5) Littering, sanitation and pollution; advertises, promotes, offers, or, for a fee duties. Such actions or interference and or consideration, recommends,

VerDate 272000 16:21 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm03 PsN: 11FER1 6904 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations describes, or announces the availability is untrue. The revised certification reads PART 111Ð[AMENDED] of any product or service (other than as follows: 1. The authority citation for 39 CFR restricted advertisements for travel The signature of a mailer certifies that: (1) arrangements, insurance, and financial the mailing does not violate DMM E670; (2) part 111 continues to read as follows: instruments such as credit cards) unless the income derived from the sale of any Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, the sale of the product or the providing products or services advertised in the mailing 401, 403, 404, 3001–3011, 3201–3219, 3403– of such service is substantially related to is not subject to the Unrelated Business 3406, 3621, 3626, 5001. the exercise or performance by the Income Tax (UBIT) and any products and 2. Revise part E670 of the Domestic services advertised is substantially related to organization of one or more of the Mail Manual to include additional the nonprofit organization’s authorized purposes used by the organization to section 5.6(f) and to read as follows: qualify for mailing at the Nonprofit purpose within the meaning of 39 U.S.C. Standard Mail rates. section 3626(j)(1)(D)(ii)(I) and 26 U.S.C. E Eligibility The statute directs the Postal Service section 513(a); (3) only the mailer’s matter is being mailed; (4) this is not a cooperative * * * * * to standards established by the Internal mailing with other persons or organizations E600 Standard Mail Revenue Service (IRS) and the courts that are not authorized to mail at Nonprofit with respect to 26 U.S.C. 513(a) and (c) Standard Mail rates at this office; (5) this * * * * * of the Internal Revenue Code to mailing has not been undertaken by the E670 Nonprofit Standard Mail determine whether the sale of an mailer on behalf of or produced for another advertised product or service is person or organization not authorized to mail * * * * * substantially related to the qualifying at Nonprofit Standard Mail rates at this 5.0 ELIGIBLE AND INELIGIBLE purposes of an organization. office; (6) this mailing, if made by a voting MATTER Based on the past several years of registration official, is required or authorized experience administering the standard, by the National Voter Registration Act of * * * * * 1993; and (7) it will be liable for and agrees and considering requests from 5.4 Prohibitions and Restrictions customers seeking guidance, and after to pay, subject to appeals prescribed by further consultation with the IRS, the postal laws and regulations, any revenue Nonprofit Standard Mail rates may deficiencies assessed on this mailing, Postal Service believes it appropriate to not be used for the entry of material that whether due to a finding that the mailing is advertises, promotes, offers, or, for a fee refine and clarify its policy by way of cooperative or for other reasons. (If this form revising the standards. The goal of these is signed by an agent, the agent certifies that or consideration, recommends, revisions is to promote certainty for it is authorized to sign this statement, that describes, or announces the availability customers and USPS personnel in the certification binds the agent and the of: making accurate determinations of an nonprofit mailer, and that both the nonprofit * * * * * advertisement’s eligibility for the mailer and the agent will be liable for and d. Any other product or service unless preferred rates based on IRS standards agree to pay any deficiencies.) one of these exceptions is met: in the tax code and its implementing (1) The sale of the product or the Mailers are encouraged, but not regulations and court precedents. provision of such service is required, to begin using this The controlling tax law provides that substantially related to the exercise or certification statement immediately. The if the products and services sold by a performance by the organization of one revised nonprofit postage statements nonprofit organization are substantially or more of the purposes used by the will be published in the Postal Bulletin related to the organization’s exempt organization to qualify for mailing at and are posted on USPS.com. Copies purposes, the income derived from their Nonprofit Standard Mail rates. The have been given to presort software sale is exempt from the Unrelated criteria in IRS regulations at 26 CFR vendors to incorporate into future Business Income Tax (UBIT). See 26 section 1.513–1(d), supplemented by the software releases. Mailers will be U.S.C. sections 511, 512, 513(a). definitions in 5.6, are used to determine required to use this new certification Accordingly, the amendment at section whether an advertisement, promotion, statement at some point in the future, E670.5.4.d.1 of the DMM explains that or offer for a product or service is for a probably when the USPS implements the Postal Service will accept mailings substantially related product or service new rates and revises and distributes a at the Nonprofit Standard Mail rate that and, therefore, eligible for Nonprofit whole new set of postage statements. contain advertisements for products or Standard Mail rates. These amendments to the DMM are services so long as the authorized (2) The product or service is being published without a notice and nonprofit organization certifies that the advertised in Standard Mail (A) material comment provision in accordance with income derived from the sale of the meeting the prescribed content 5 U.S.C. 553(b)(B), since no customers products or services is exempt from requirements for a periodical are burdened by the rule change. UBIT and those products or services are publication. The criteria in 5.8 are used Editorial revisions have been made for substantially related to the to determine whether the Standard Mail clarity and references to related tax law organization’s qualifying nonprofit (A) material meets the content provisions, and regulations are included purposes. See 39 U.S.C. section requirements for a periodical for customers’ convenience in 3626(j)(1)(D)(i). publication. consulting them. The certification, which is * * * * * incorporated as part of the Nonprofit For the reasons discussed above, the Standard Mail (A) postage statement, is Postal Service hereby adopts the 5.6 Definitions, Substantially Related shown here for emphasis. There is no following amendments to the Domestic Advertising Products substantive change. However, the Mail Manual, which is incorporated by For the standard in 5.4d: mailer’s certification of eligibility of reference in the Code of Federal a. Standards established by the substantially related advertisements is Regulations (see 39 CFR part 111). Internal Revenue Service (IRS) and the specifically emphasized. The Postal List of Subjects in 39 CFR Part 111 courts with respect to 26 USC 513(a) Service reserves the right to pursue and (c) of the Internal Revenue Code are appropriate remedies if the certification Postal Service. used to determine whether the sale or

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Advertisements for products and vessels to be documented with material that meet the content services, including products and appropriate endorsement for requirements for a periodical services offered as prizes or premiums, employment in the coastwise trade as publication need not meet the are considered substantially related if small passenger vessels or uninspected substantially related standard to be the products and services are received passenger vessels authorized to carry no mailable at the Nonprofit Standard Mail by an authorized organization as gifts or more than 12 passengers for hire. This rates. See 5.4d(2) and 5.8.) contribution. See 26 U.S.C. section administrative process will improve the b. To be substantially related, the sale 513(a)(3); 26 CFR section 1.513–1(e)(3). responsiveness of the Federal of the product or the provision of the e. An advertisement, promotion, offer, Government in meeting the needs of service must contribute importantly to or subscription order form for a many vessel-operating small businesses. the accomplishment of one or more of periodical publication meeting the DATES: The effective date of the final the qualifying purposes of the eligibility criteria in E211 and published rule is February 11, 2000. organization. This means that the sale of by one of the types of nonprofit FOR FURTHER INFORMATION CONTACT: You the product or providing of the service organizations listed in 2.0 is mailable at may call Michael Hokana, Office of must be directly related to the Nonprofit Standard Mail rates. Ports and Domestic Shipping, Maritime accomplishing one or more of the f. Unless the mailing is ineligible for Administration, at (202) 366–0760, or purposes on which the organization’s the Nonprofit Standard Mail rates for you may write to him at the following authorization to mail at the Nonprofit other reasons, mailings will be accepted address: Maritime Administration, Standard Mail rates is based. The sale of at the Nonprofit Standard Mail rates MAR–832, Room 7201, 400 Seventh the product or providing of the service upon certification that income derived Street, SW, Washington, DC 20590. must have a causal relationship to the from the sale of products or services achievement of the exempt purposes SUPPLEMENTARY INFORMATION: Title V of advertised in the mailing is not subject the Coast Guard Authorization Act of (other than the production of income) of to the Unrelated Business Income Tax the authorized organization. (Income 1998 authorizes the Secretary of (UBIT) described at 26 U.S.C. section Transportation to grant waivers of produced from selling an advertised 512, and that each of the products or product or providing a service does not certain requirements for the smallest of services is substantially related to the passenger vessels (those carrying 12 or make such action a substantially related nonprofit organization’s qualifying activity, even if the income will be used fewer passengers) to operate in the purpose. coastwise trade. In order to carry out the to accomplish the purpose or purposes A transmittal letter making these of the authorized organization.) See 26 provisions of the law, MARAD changes in the pages of the Domestic developed a procedure (i.e., this rule) CFR section 1.513–1(d). Mail Manual will be published and will (1) If an organization pays Unrelated for: accepting applications from the be transmitted to subscribers Business Income Tax (UBIT) on the public, providing public notice of the automatically. Notice of issuance will be income from the sale of a product or the intent to issue waivers to foreign built published in the Federal Register as provision of a service, that activity is by vessels for use in the coastwise provided by 39 CFR 111.3. IRS definition not substantially related. passenger trade, a set of criteria to test See 26 U.S.C. section 512. The fact that Stanley F. Mires, the merits of the applications, a decision an organization does not pay such tax, Chief Counsel, Legislative. process, and a review and revocation however, does not establish that the [FR Doc. 00–3157 Filed 2–10–00; 8:45 am] process. The application process requires a $300 non-refundable fee, an activity is substantially related because BILLING CODE 7710±12±P other criteria may exempt the ‘‘adverse affect’’ assessment on the U.S.- organization from payment. See 26 CFR flag shipping and vessel building section 1.513–1(e). community, and a requirement that the (2) Third-party paid advertisements DEPARTMENT OF TRANSPORTATION vessel must meet U.S. Coast Guard documentation standards. After the may be included in material mailed at Maritime Administration the Nonprofit Standard Mail rates if the decision process is completed and the products or services advertised are waiver is approved, MARAD will issue 46 CFR Part 388 substantially related to one or more of a waiver document that becomes a the purposes for which the organization [Docket No. MARAD±1999±5915] permanent part of the vessel’s coastwise is authorized to mail at the Nonprofit endorsement. The document will set Standard Mail rates. However, if the RIN 2133±AB39 limits on the vessel’s geographic use material contains one or more Administrative Waivers of the and will require MARAD’s prior advertisements that are not substantially Coastwise Trade Laws for Eligible approval for all significant changes in related, the material is not eligible for Vessels the vessel’s operation. With regard to the Nonprofit Standard Mail rates, overall processing, MARAD has also unless it is part of material that meets AGENCY: Maritime Administration, prepared a revocation procedure for use the content requirements described in Department of Transportation. if necessary and a review process where 5.8 and is not disqualified from using ACTION: Final rule. the Maritime Administrator may review the Nonprofit Standard Mail rates under the waiver granting and revocation another provision. SUMMARY: The Maritime Administration decisions of the MARAD staff. c. Announcements of activities (e.g., (MARAD, we, our, or us) is publishing One portion of the law requires public bake sale, car wash, charity auction, this final rule to implement Title V of notice prior to rulemaking. Accordingly, oratorical contest) are considered the Coast Guard Authorization Act of on July 8, 1999 MARAD published a 60- substantially related if substantially all 1998. This final rule implements day notice in the Federal Register (64

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FR 36831) soliciting comments on a Passenger Vessel Association Recommendation: Change paragraph proposed rule and information The third letter, containing 20 specific (a), question number (5) on the collection to administer a program recommendations, was received from application to read: ‘‘Name, address, implementing the above law. In the Passenger Vessel Association (PVA), and telephone number of the vessel owner.’’ response to our notice, we received which represents U.S.-flag passenger The recommendation would delete three letters expressing opinions and vessel owners, operators and builders. the words ‘‘applicant’’ and ‘‘vessel recommending changes. MARAD has In order to present the considered these comments and has owner if different than applicant’’ in recommendations and MARAD’s order to accept applications only from made changes to the regulation as decisions in a clear and concise manner, necessary. The comments and our owners. we have set up our response in the Decision: MARAD accepts the responses follow. following format: MARAD, at its own initiative, made recommendation. Each recommendation is provided a several changes to the proposed text. number, followed by the section where 4. Section 388.3 Application; Fee None of these changes are substantive. the rule has been (or might have been) By way of examples: definitions of Proposed: This requirement was not changed. ‘‘Proposed’’ means the text as ‘‘Administrator’’ and ‘‘MARAD’’ are covered in the proposed rule. originally proposed in MARAD’s notice Recommendation: The PVA added to reduce the length of the of proposed rulemaking. recommends a new requirement to the regulation (Sec. 388.2); the wording of ‘‘Recommendation’’ means the waiver application that would read as a the Act is followed more closely, such recommendation of the Passenger Vessel new question (8): as ‘‘certification’’ being replaced with Association, and ‘‘Decision’’ is the ‘‘certificate of documentation with (8) A statement explaining the duration of action taken by MARAD. Specific word appropriate endorsement’’ (Sec. 388.2 the applicant’s ownership of the vessel, his changes are underlined in the cost of purchasing or otherwise obtaining the (c) (2)); corrections are made, as in recommendation for clarity. vessel, the person or source from whom he making singular ‘‘Applications; fees’’ obtained the vessel, and the uses to which he (Sec. 388.3 Title) and ‘‘origins’’ (Sec. 1. Section 388.2 Definitions has put the vessel since obtaining it. 388.3 (a) (4)); changed the organization Proposed: In paragraph (2) of the The PVA justifies this requirement as that the check should be made out to definition of eligible vessel ‘‘If rebuilt, better enabling the government to (Sec. 388.3 (c)); and the wording ‘‘vessel was rebuilt outside of the United States determine if the waiver will have an builders’’ has been used instead of at least 3 years before the certificate of effect on an industry. ‘‘shipbuilders’’ in several places. documentation with appropriate Decision: MARAD believes this Comments on the Proposed Rule endorsement would become effective.’’ question to be intrusive and Recommendation: The PVA requests unnecessary to carry out MARAD’s ‘‘3 Mates’ MIMI Connection Inc.’’ the inclusion of ‘‘if granted’’ in the responsibilities and does not accept the The first letter, from ‘‘3 Mates’’ MIMI sentence: ‘‘If rebuilt, was rebuilt outside change recommendation. Connection Inc.’’, was an affirmation of the United States at least 3 years 5. Section 388.4 Criteria for Grant of a that MARAD was serving all interests. before the certificate of documentation Waiver No further action on the part of MARAD with appropriate endorsement, if is required with regard to this input. granted, would become effective.’’ The Proposed: In paragraph (a) General words ‘‘if granted’’ ensure applicants criteria: Classic Sailing Adventures know that waivers are not guaranteed. (1) A waiver of the foreign build and/or The second letter, from the president Decision: MARAD accepts the foreign rebuild prohibition in the coastwise of Classic Sailing Adventures, contained requested recommendation. trade laws will be granted for an eligible three recommendations. In summary, vessel if we determine that the employment the recommendations were that 2. Section 388.3 Application; Fee of the vessel in the coastwise trade will not MARAD: (1) Should not place Proposed: In paragraph (a) ‘‘(a) You unduly adversely affect— (i) United States vessel builders; or geographic restrictions on where a may apply in writing to the Secretary, (ii) The coastwise trade business of any waived vessel can operate; (2) should Maritime Administration* * *’’ person who employs vessels built in the eliminate the ‘‘adverse assessment’’ Recommendation: Change ‘‘You’’ in United States in that business. consideration on U.S.-flag industries, paragraph (a) to read: ‘‘(a) An owner of Recommendation: It is recommended and, (3) should not require an a vessel may apply in writing to the that the words ‘‘only if’’ be inserted in application fee. MARAD’s response is Secretary, Maritime paragraph (a) General criteria, (1): that because of the requirements of the Administration* * *’’ law, and previously enacted legislation, The recommendation would insert the (1) A waiver of the foreign build and/or we will not implement any of these new words ‘‘an owner of a vessel’’ in foreign rebuild prohibition in the coastwise trade laws will be granted for an eligible recommendations. The reasons for place of the word ‘‘you’’ in order to vessel only if we determine that the keeping these provisions in the ensure only vessel owners apply for employment of the vessel in the coastwise regulation are threefold. The geographic waivers. The PVA could not see any trade will not unduly adversely affect— restriction allows MARAD to more other rationale for a person other than (i) United States vessel builders; or closely focus on who might be affected an owner applying for a waiver. (ii) The coastwise trade business of any by a waiver. To eliminate the ‘‘adverse Decision: MARAD accepts the person who employs vessels built in the affect’’ assessment on U.S. operators and requested recommendation. United States in that business. shipbuilders would violate enabling The PVA would like to ensure that legislation, which specifically requires 3. Section 388.3 Application; Fee MARAD would interpret the two an ‘‘adverse affect’’ determination. Proposed: Paragraph (a), question industry areas of consideration for Lastly, the application fee is necessary number (5) on the application: ‘‘Name, adverse impact separately such that an to recoup estimated direct costs address, and telephone number of the adverse impact on operators or vessel incurred in the processing of each applicant and vessel owner if different builders would be seen to be an adverse application as required by law. from the applicant.’’ impact subject to rejection.

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Decision: MARAD agrees with this recommends that the word ‘‘may’’ be Decision: MARAD agrees with the logic and will follow this interpretation. replaced with the word ‘‘will’’ in the premise of the comment and has The words ‘‘only if’’ are added in the sentence; and that the evaluation will changed the final rule to read: final rule. take into account ‘‘all’’ the information We may use the following criteria to received from all sources. 6. Section 388.4 Criteria for Grant of a determine the effect on existing operators of Waiver We will evaluate the expected impact of U.S.-built vessels in coastwise trade: the proposed waiver on the basis of all the (1) Whether the proposed vessel of the Proposed: In paragraph (a) General information received * * * applicant and a vessel of an existing operator criteria, (1): (or the vessel of an operator that can demonstrate it has taken definite steps to (1) A waiver of the foreign build and/or Decision: MARAD accepts the begin operation) would provide similar foreign rebuild prohibition in the coastwise premise and changes the wording from trade laws will be granted for an eligible ‘‘may’’ to ‘‘will’’ and from ‘‘and’’ to ‘‘or’’ commercial service and would operate in the vessel only if we determine that the in order to maintain flexibility as to the same geographic area. employment of the vessel in the coastwise information needed to make a decision. This new language eliminates the trade will not unduly adversely affect— previous criterion that in order to be (i) United States vessel builders; or We will evaluate the expected impact of the proposed waiver on the basis of all the adversely affected, the impacted vessel (ii) The coastwise trade business of any must be of similar size and similar person who employs vessels built in the information received from all sources, United States in that business. including public comment, internal characteristics. investigation and analysis, or any other Recommendation: In paragraph (a) sources of information deemed appropriate. 11. Section 388.4 Criteria for Grant of General criteria, (1) The PVA a Waiver recommends the deletion of the word 9. Section 388.4 Criteria for Grant of a Proposed: This issue was not covered unduly from the phrase as this sets too Waiver in the proposed rule. high of a standard for adverse impact. Recommendation: PVA proposes a Decision: MARAD believes that to Proposed: In paragraph (b) Impact on new paragraph (d) as follows: remove the word ‘‘unduly’’ would U.S. vessel builders: (d) Advance notice and approval needed require the rejection of a waiver request We may use the following criteria to for changes. for the smallest and most frivolous of determine the effect on U.S. vessel builders. When we approve a waiver application, we adverse conditions. The Recommendation: The recommended will notify the applicant that no substantial recommendation is not accepted. change is to delete the word ‘‘may’’ and change in the employment of the vessel in the coastwise trade may be made without 7. Section 388.4 Criteria for Grant of a replace it with the word ‘‘will’’ in the prior notice to MARAD. Failure to provide Waiver sentence: advance notice of a proposed change in Proposed: This issue was not covered We will use the following criteria to employment creates a presumption that the in the proposed rule. determine the effect on U.S. vessel builders. waiver should be revoked under section Recommendation: At the end of 388.5. Decision: MARAD prefers to maintain paragraph (a) General criteria (1), the the flexibility that ‘‘may’’ provides in as Decision: MARAD has reviewed this PVA requests the following statement be much as there may need to be more than proposal and has added the following in inserted to allow larger passenger cruise one criteria weighed in making a the final rule: vessel operators to claim adverse affect. decision. (d) Advance notice and approval needed The determination of unduly adverse affect 10. Section 388.4 Criteria for Grant of for changes. on a coastwise operator or a U.S. shipbuilder When we approve a waiver application, we should not be limited to operators or builders a Waiver will notify the applicant that the applicant of vessels carrying 12 or fewer passengers. Proposed: In paragraph (c) Impact on may not make substantial changes in the Decision: MARAD will use the coastwise trade operators: employment of the vessel in the coastwise following sentence instead: trade without prior notice to MARAD. If the We may use the following criteria to applicant fails to provide advance notice of We may not limit the determination of determine the effect on existing operators of substantial changes to MARAD, we may ‘unduly adverse affect’ on a coastwise U.S.-built vessels in coastwise trade: immediately revoke the waiver under section operator or an U.S. vessel builder to (1) Whether the proposed vessel of the 388.5. operators or builders of vessels carrying 12 or applicant and the vessel(s) of an existing fewer passengers. operator(s) (or the vessel(s) of an operator The change is accepted with This is a reasonable recommendation, that can demonstrate it has taken definite MARAD’s modifications. as it will allow MARAD to gauge impact steps to begin operation): 12. Section 388.5 Criteria for on U.S.-flag vessels of all sizes. MARAD (i) Are of similar size; Revocation of a Waiver accepts the recommendation with the (ii) Are of similar characteristics; (iii) Would provide similar commercial Proposed: In paragraph (a): changed language. service; and (a) We may revoke a waiver previously 8. Section 388.4 Criteria for Grant of a (iv) Would operate in the same geographic granted under this part if we determine that Waiver area. the employment of the vessel in the Proposed: In paragraph (a) General Recommendation: In paragraph (c) coastwise trade has substantially changed Impact on coastwise trade operators, the since the issuance of the endorsement, criteria, (2) ‘‘We may evaluate the and— expected impact of the proposed waiver PVA commented that the original on the basis of information received phrasing was too narrow. MARAD’s Recommendation: In paragraph (a), from all sources, including public original phrasing would not allow a the PVA recommends changing the first comment, internal investigation and vessel owner to claim adverse effect if sentence to read as follows, deleting the analysis, and any other sources of the U.S.-built vessel was a different size, word ‘‘may’’ and replacing it with information deemed appropriate.’’ although employed in similar ‘‘will’’. Recommendation: In paragraph (a) commercial service as a foreign (a) We will revoke a waiver previously General criteria, (2) The PVA proposed vessel. granted under this paragraph if we determine

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Since the change in waivers and recommended the paragraph (c). employment of the vessel may be a following three changes: Recommendation: In paragraph (c), positive impact on the merchant marine The notice of the waiver application The PVA recommended in paragraph (c) with no adverse impact, we do not want should be printed at least once a week a revision to require notification in to have to automatically revoke a for three weeks in one or more writing of MARAD actions, such as in waiver. newspapers of general circulation for the phrase: 13. Section 388.5 Criteria for the geographic area in which the vessel Each decision to grant, deny, or revoke a Revocation of a Waiver will be operated. The notice should be waiver will be made in writing, and a copy published by MARAD, and be of one- of the written decision will be provided to Proposed: In paragraph (a)(3): quarter page newspaper size. each applicant and other parties to the (3) The employment of the vessel unduly Decision: Because MARAD is an decision. adversely affects— agency of the Federal Government, Decision: MARAD accepts the (i) United States vessel builders; or MARAD considers the Federal Register recommendation that decisions will be (ii) The coastwise trade business of any the appropriate public forum for the in writing and has added that language person who employs vessels built in the announcement of proposed waiver to both paragraph (a) and (c). United States.’’ actions and will not require the 18. Section 388.6 Process Recommendation: In paragraph (a) publication of proposed waivers in local (3), the change recommendation from newspapers. MARAD does not accept Proposed: In Paragraph (c): certain the PVA is to remove the word this recommendation. parties may ‘‘. . . petition the Maritime ‘‘‘‘unduly’’’’ from the phrase ‘‘unduly (b) Recommendation: Notice of Administrator to review a waiver, adversely affects’’ as it sets too high a federal waiver action should be waiver denial, or waiver revocation standard for adverse impact on industry. distributed by e-mail to interested within five (5) days of such parties. determination.’’ Decision: MARAD believes that to Recommendation: In paragraph (c): remove ‘‘unduly’’ would require the Decision: MARAD actions will be available publicly on the electronic Review of determinations, PVA revocation of a waiver request for the recommends that the time limits on smallest and most frivolous of adverse docket provided by DOT. MARAD does not believe that any additional petitioning should run from the date of conditions. MARAD does not accept the a person’s receipt of the written notice recommendation. electronic notification is necessary. (c) Recommendation: MARAD should (not the date of determination). The 14. Section 388.5 Criteria for maintain a proposed waiver listing on PVA believes to do otherwise would Revocation of a Waiver its website. frustrate a distant party’s ability to seek Decision: MARAD will post its notices a review or appeal. Proposed: In paragraph (b): Decision: MARAD understands this and all comments received on the condition and changes to the following (b) We may evaluate the effects of the electronic docket. This activity and the wording: employment of the waived vessel in the notice in the Federal Register will meet coastwise trade on the basis of the our public notice requirements. Applicants and persons who submitted information received from all sources * * * comments in response to a Federal Register 16. Section 388.6 Process Recommendation: In paragraph (b), may petition the Administrator to review a waiver, waiver denial, or waiver revocation similar to other recommendations, PVA Proposed: In paragraph (a) Initial within five (5) business days after MARAD requested that the word ‘‘may’’ be process: files the decision in the docket. changed to ‘‘will’’ in the following In the absence of duly filed objections to context: This revision by MARAD provides an application, and in the absence of undue added flexibility for interested parties (b) We will evaluate the effects of the market impact on vessel operators or vessel builders otherwise discovered by us, we will by making the time limit five business employment of the waived vessel in the days instead of calendar days. Similarly, coastwise trade on the basis of the assume that there will be no adverse effect. information received from all sources * * * making the time limits effective based Recommendation: In paragraph (a) on when the decision is filed in the Decision: MARAD accepts the Initial process, the PVA objects to the docket provides further flexibility. premise and changes the wording from word ‘‘assume’’ as it implies favoritism Further, all time references have been ‘‘may’’ to ‘‘will’’ and from ‘‘and’’ to ‘‘or’’ towards an application for waiver. No changed to business days in the final in order to maintain flexibility as to the specific rewording was recommended. rule. information needed to make a decision. Decision: MARAD has reviewed this 19. Under Section 338.7 Sunset We also made the change to indicate section and is changing the word Provision that we will evaluate * * * on the basis ‘‘assume’’ to ‘‘conclude’’ in the final of all the information received * * * rule as this is how MARAD will base its Proposed: In the first sentence: ‘‘We adverse impact decision. The new text will grant no waivers after September (b) We will evaluate the effects of the employment of the waived vessel in the will read: 30, 2002 unless the statutory authority coastwise trade on the basis of all the In the absence of duly filed objections to to grant waivers is extended beyond that information received from all sources, an application, and in the absence of undue date.’’ including public comment, internal market impact on vessel operators or vessel Recommendation: The PVA investigation and analysis, or any other builders otherwise discovered by us, we will recommends the deletion of the phrase sources of information deemed appropriate. conclude that there will be no adverse effect. ‘‘unless the statutory authority to grant

VerDate 272000 16:21 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm03 PsN: 11FER1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations 6909 waivers is extended beyond that date’’ is our intention to publish waiver revocation with an appropriate grace as it implies a prediction of requests for comment in the Federal period. This determination will be sent Congressional action. Register. After a period of time to to the U.S. Coast Guard for revocation Decision: MARAD accepts the evaluate comments and assess the of the vessel’s coastwise endorsement. recommendation and has deleted this impact that the proposed waivers will MARAD’s decisions to grant or deny phrase in the final rule. have on the U.S.-flag shipping and a waiver and to revoke or not revoke a 20. Section 338.7 Sunset Provision shipbuilding industry, we will issue a waiver will not be final until after time determination. for review has expired. Applicants and Proposed: The second sentence reads: In assessing the adverse effect of grant persons who submitted comments in ‘‘Any waiver granted prior to September of a particular waiver, we may consider response to a Federal Register notice 30, 2002 will continue in effect until sales of vessels of the same type and may petition the Maritime otherwise invalidated or revoked under size and for the same trade by domestic Administrator to review a waiver chapter 121 of title 46, United States shipbuilders. As an example, the grant determination, or request the Maritime Code.’’ of a waiver for a motor vessel might not Administrator not to review a waiver Recommendation: The PVA claims have an adverse effect on sales by a determination. Relatively short time that this sentence may not have a legal builder of sailboats. As for adverse periods are provided for this review basis. affects on coastwise trade businesses, process. Decision: MARAD has conducted a we may look at the type of service and legal review of this remark and has geographic location of the applicant and Rulemaking Analyses and Notices decided to rephrase the statement as the objector. An intended service Executive Order 12866 and DOT follows: ‘‘We will grant no waivers on providing day trips for whale watching Regulatory Policies and Procedures or after September 30, 2002.’’ might not affect a service providing Therefore, with the public comments weeklong trips on a sailing ship. A This final rule is not significant under having been considered, and the charter service in Maine might not affect section 3(f) of Executive Order 12866, appropriate changes made to the a charter service in California. Each and as a consequence, OMB did not regulation a program description decision will be made on the facts of the review the rule. This final rule is not follows: individual circumstances, including the significant under the Regulatory Policies Program Description: Within the degree of competition in a proposed and Procedures of the Department of Department of Transportation there are market. Transportation (44 FR 11034; February two agencies with responsibilities We do not have the authority to waive 26, 1979). The costs and benefits related to the coastwise trade laws. The citizenship requirements for vessel associated with this rulemaking are U.S. Coast Guard issues the vessel ownership and documentation. The U.S. considered to be so minimal that no documents and endorsements that Coast Guard will ascertain whether the further analysis is necessary. Vessels authorize vessels to engage in the shipowner is qualified as a citizen to eligible for a waiver of the coastwise coastwise trade. However, the Secretary register a vessel. In addition, the U.S. trade laws will be limited to foreign of Transportation has delegated to Coast Guard, not MARAD, will built or foreign re-built small passenger MARAD the authority to process determine whether a particular vessel vessels and uninspected passenger applications for waivers of the coastwise will be considered a small passenger vessels as defined by section 2101 of laws and to determine the effect of vessel or an uninspected passenger Title 46, United States Code. waivers of the coastwise trade laws on vessel. However, we may refuse to Additionally, vessels requested for United States vessel builders and process an application if the vessel is consideration must be greater than (3) United States-built vessel coastwise not the type eligible for a waiver. years old. We will not grant waivers in trade businesses. We are outlining the Prospective applicants for a coastwise instances where such waiver activity procedures to be followed in processing trade law waiver may wish to consult will have an unduly adverse affect on applications for waivers, or revoking with the U.S. Coast Guard prior to U.S. vessel builders or U.S. businesses waivers previously granted. Upon grant initiating the waiver application process that use U.S. flag vessels. Under Title V, of a waiver, MARAD will notify the with MARAD. MARAD also has the authority to revoke applicant and the U.S. Coast Guard. Under Title V, MARAD also has the coastwise endorsements under the Thereafter, you may register the vessel authority to revoke coastwise limited circumstances where a foreign- so waived with the U.S. Coast Guard endorsements under the limited built or foreign-rebuilt passenger vessel, under the U.S. Coast Guard’s normal circumstances where a foreign-built or previously allowed into service, procedures, provided the vessel is foreign-rebuilt passenger vessel, substantially changes that service and otherwise eligible. previously allowed into service, the vessel is employed other than as a Vessels eligible for a waiver of the substantially changes that service and small passenger vessel or an coastwise trade laws will be limited to the vessel is employed other than as a uninspected passenger vessel or the foreign-built or foreign rebuilt small small passenger vessel or an vessel is having an unduly adverse passenger vessels and uninspected uninspected passenger vessel or the affect on U.S. vessel builders or persons passenger vessels as defined by section vessel is having an unduly harmful who employ U.S.-built vessels in the 2101 of Title 46, United States Code. impact on U.S.-vessel builders or domestic trade. Vessels of unknown origin will be persons who employ U.S.-built vessels considered foreign built. Additionally, in the domestic trade. The procedure for Executive Order 13132 vessels requested for consideration must revocation of a MARAD waiver will We analyzed this rulemaking in be greater than three (3) years old. We include the publication of a notice in accordance with the principles and will not grant waivers in instances the Federal Register seeking public criteria contained in E.O. 13132 where such waiver activity will have an comments on the proposed revocation. (‘‘Federalism’’) and have determined unduly harmful impact on U.S. Secondly, we will determine the extent that it does not have sufficient shipyards or U.S.-flag ship operators. of the allegedly detrimental activity and, Federalism implications to warrant the Specifically, and in order to meet the if an undue impact is found, we will preparation of a Federalism summary public comment provisions of Title V, it issue a formal letter of waiver impact statement. The regulations

VerDate 272000 12:27 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm01 PsN: 11FER1 6910 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations herein have no substantial effects on the not result in costs of $100 million or outside the United States, and grants States, or on the current Federal-State more to either State, local, or tribal authority for revocation of those relationship, or on the current governments, in the aggregate, or to the waivers. distribution of power and private sector, and is the least responsibilities among the various local burdensome alternative that achieves § 388.2 Definitions. officials. Therefore, MARAD did not the objectives of the rule. For the purposes of this part: consult with State and local officials (a) Administrator means the Maritime Consultation and Coordination With because it was not necessary. Administrator. Indian Tribal Governments (b) Coastwise Trade Laws include: Regulatory Flexibility Act MARAD believes that regulations in (1) The Coastwise Endorsement The Regulatory Flexibility Act this final rule will have no significant or Provision of the Vessel Documentation requires MARAD to assess the impact unique effect on the communities of Laws, (46 U.S.C. 12106); that regulations will have on small Indian tribal governments when (2) The Passenger Services Act, entities. After analysis of this final rule analyzed under the principles and section 8 of the Act of June 19,1886 (46 MARAD certifies that this final rule will criteria contained in Executive Order App. U.S.C. 289); and (3) The Jones Act, section 27 of the not have a significant economic impact 13084 (Consultation and Coordination Merchant Marine Act, 1920 (46 App. on a substantial number of small with Indian Tribal Governments). U.S.C. 883). businesses. Although we expect many Therefore, the funding and consultation (c) Eligible Vessel means a vessel applicants for vessel waivers to be small requirements of this Executive Order otherwise eligible for a U.S. Coast Guard businesses, we do not believe that the would not apply. certificate of documentation (i.e. of five economic impact will be significant. Regulation Identifier Number (RIN) or more tons) that is either a small This regulation allows MARAD to waive passenger vessel or an uninspected the U.S.-build and other requirements A regulation identifier number (RIN) is assigned to each regulatory action passenger vessel that— for eligible vessels and adds a small (1) Was not built in the United States listed in the Unified Agenda of Federal economic benefit to applicants. This and is at least 3 years of age; or regulation will only allow vessels to Regulations. The Regulatory Information (2) If rebuilt, was rebuilt outside the carry the statutory maximum of 12 Service Center publishes the Unified United States at least 3 years before the passengers. As a consequence, MARAD Agenda in April and October of each certificate of documentation with estimates that a vessel applicant who year. The RIN number contained in the appropriate endorsement, if granted, receives a waiver may earn a few heading of this document can be used would become effective. hundred dollars per year for localized to cross-reference this action with the (d) MARAD means the Maritime operations (geographic restrictions Unified Agenda. Administration, U.S. Department of apply) such as whale watching and List of Subjects in 46 CFR Part 388 Transportation. personalized fishing expeditions. Also, (e) Secretary means the Secretary of the economic impact of this rule is Administrative practice and Transportation. limited because it precludes vessel procedure, Maritime carriers, Passenger (f) The terms, small passenger vessel, operators from participating in other vessels, Reporting and record keeping uninspected passenger vessel, and economic activities such as carrying requirements. passenger for hire have the meaning cargo and commercial fishing. Accordingly, the Maritime given such terms by 46 2102 U.S.C. Administration adds a new part 388 to Environmental Assessment 46 CFR chapter II, subchapter J, to read § 388.3 Application; fee. This rule would not significantly as follows: (a) An owner of the vessel may apply affect the environment because the in writing to the Secretary, MARAD, small number and small size of vessels PART 388ÐADMINISTRATIVE MAR–120, Room 7210, 400 7th St., SW., admitted to U.S. registry under this WAIVERS OF THE COASTWISE TRADE Washington, DC 20590, for an waiver program would have little or no LAWS FOR ELIGIBLE VESSELS administrative waiver of the coastwise effect on the environment. Accordingly, trade laws of the United States for an Sec. an Environmental Impact Statement is 388.1 Purpose. eligible vessel to carry no more than 12 not required under the National 388.2 Definitions. passengers for hire. The application Environmental Policy Act of 1969. 388.3 Application; fee. need not be in any particular format, but must be signed and contain the Paperwork Reduction Act 388.4 Criteria for grant of a waiver. 388.5 Criteria for revocation of a waiver. following information: This rulemaking establishes a new 388.6 Process. (1) Name of vessel and owner for requirement for the collection of 388.7 Sunset provision. which waiver is requested. information. The Office of Management Authority: 46 App. U.S.C. 1114(b); 49 (2) Size, capacity and tonnage of and Budget (OMB) has reviewed and U.S.C. 322; Public Law 105–383, 112 Stat. vessel (state whether tonnage is approved the information collection 3445 (46 U.S.C. 12106 note); 49 CFR 1.66(cc). measured pursuant to 46 U.S.C. 14502, requirements under the Paperwork or otherwise, and if otherwise, how Reduction Act of 1995 (44 U.S.C. 3501, § 388.1 Purpose. measured). et seq.) Comments received on this This part prescribes regulations (3) Intended use for vessel, including information collection are discussed in implementing the provisions of Title V geographic region of intended operation the ‘‘Comments on the Proposed Rule’’ of Public Law 105–383,112 Stat. 3445, and trade. section of this notice of final rule. The which grants the Secretary of (4) Date and place of construction and OMB approval number is 2133–0529. Transportation authority to review and (if applicable) rebuilding. (If applicant is approve applications for waiver of the unable to determine the origin of the Unfunded Mandates Reform Act coastwise trade laws to allow the vessel, foreign construction will be This rule does not impose unfunded carriage of no more than 12 passengers assumed). mandates under the Unfunded for hire on vessels, which are three (5) Name, address, and telephone Mandates Reform Act of 1995. It does years old or more, built or rebuilt number of vessel owner.

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(6) A statement on the impact this itinerary, relative to the size of the make a decision based on the written waiver will have on other commercial market. submissions and all available passenger vessel operators, including a (d) Advance notice and approval information or may, as a matter of statement describing the operations of needed for changes. When we approve discretion, hold a hearing on the existing operators. a waiver application, we will notify the application. The decision will be (7) A statement on the impact this applicant that the applicant may not communicated in writing to the waiver will have on U.S. shipyards. make substantial changes in the applicant, those who have submitted (b) MARAD may ask additional employment of the vessel in the written comments, and the Coast Guard. questions of the applicant as part of the coastwise trade without prior notice to If MARAD grants a waiver, the applicant application review. MARAD. If the applicant fails to provide must thereafter contact the Coast Guard (c) You must enclose a non- advance notice of substantial changes to to obtain the necessary documentation refundable application fee for each MARAD, we may immediately revoke for domestic operation, provided the waiver requested, in the form of a check the waiver under § 388.5. vessel and its owner, otherwise qualify. or money order for $300, made out to (b) Revocation. We may, upon the the order of ‘‘Maritime § 388.5 Criteria for revocation of a waiver. motion of an interested party, or upon Administration—Transportation.’’ (a) We may revoke a waiver our own motion, publish a notice in the previously granted under this part if we Federal Register, proposing to revoke a § 388.4 Criteria for grant of a waiver. determine that the employment of the waiver granted under this part. We may (a) General criteria. (1) We will waive vessel in the coastwise trade has request additional information from any the foreign build and/or foreign rebuild substantially changed since the issuance respondent to the notice. The Director, prohibition in the coastwise trade laws of the endorsement, and— Office of Ports and Domestic Shipping, for an eligible vessel only if we (1) The vessel is employed other than will then either make a decision based determine that the employment of the as a small passenger vessel or an on the written submissions and vessel in the coastwise trade will not uninspected passenger vessel; or additional publicly available unduly adversely affect— (2) The employment of the vessel information or may, as a matter of (i) United States vessel builders; or unduly adversely affects— discretion, refer the request for the (ii) The coastwise trade business of (i) United States vessel builders; or revocation to a hearing. MARAD will any person who employs vessels built in (ii) The coastwise trade business of communicate its decision in writing to the United States in that business. any person who employs vessels built in the waiver recipient, the requestor (if (2) We may not limit the the United States. any), each respondent to the proposed determination of ‘‘unduly adverse (b) We will evaluate the effects of the revocation notice; and the Coast Guard. affect’’ on a coastwise operator or an employment of the waived vessel in the If MARAD revokes a waiver, the Coast U.S. vessel builder to operators or coastwise trade on the basis of the Guard shall revoke the vessel’s builders of vessels carrying 12 or fewer information received from all sources, coastwise endorsement. passengers. including public comment, internal (c) Review of determinations. (1) The (3) We will evaluate the expected investigation and analysis, or any other decisions by the Director, Office of Ports impact of the proposed waiver on the sources of information deemed and Domestic Shipping, to grant a basis of all the information received appropriate. waiver, deny a waiver, or revoke a from all sources, including public waiver will not be final until after time comment, internal investigation and § 388.6 Process. for discretionary review by the analysis, or any other sources or (a) Initial process. We will review Administrator has expired. Applicants information deemed appropriate. each application for completeness as and persons who submitted comments (b) Impact on U.S. vessel builders. We received. We will notify the applicant if in response to a Federal Register notice may use the following criteria to additional information is necessary or if may petition the Administrator to determine the effect on U.S. vessel the application does not meet the initial review a waiver, waiver denial, or builders: Whether a potentially eligibility requirements for a waiver. All waiver revocation within five (5) impacted U.S. vessel builder has a applications that pass the initial business days after MARAD files the history of construction of similar screening will be available for public decision in the docket. Each petition for vessels, or can demonstrate the inspection in the Department of review should state the petitioner’s capability and capacity to build a Transportation Docket Room following interest and the reasons review is being similar vessel, for use in the same publication in the Federal Register. We sought, clearly pointing out any alleged geographic region of the United States, will publish a notice of such errors of fact or misapplied points of as the proposed vessel of the applicant. applications in the Federal Register. law. Within three (3) business days of (c) Impact on coastwise trade Interested parties will be given an submission of a petition for review, operators. We may use the following opportunity to comment on whether applicants for a waiver and persons who criteria to determine the effect on introduction of any of the proposed submitted comments in response to a existing operators of U.S.-built vessels vessels would adversely affect them. In Federal Register notice may request the in coastwise trade: the absence of duly filed objections to Administrator not to review a waiver, (1) Whether the proposed vessel of the an application, and in the absence of waiver denial, or waiver revocation. applicant and a vessel of an existing undue market impact on vessel (2) Such petitions and responses may operator (or the vessel of an operator operators or vessel builders otherwise be sent by facsimile to the Secretary, that can demonstrate it has taken discovered by us, we will conclude that Maritime Administration, at (202) 366– definite steps to begin operation) would there will be no adverse effect. If an 9206. To the extent possible, each provide similar commercial service and objection to an application is received, petitioner or respondent should send a would operate in the same geographic additional information may be sought copy of their petition or response to area. from the objector. The applicant will be other interested parties by facsimile at (2) The number of similar vessels given a sufficient amount of time to the same time the submission is made operating or proposed to operate in the respond. The Director, Office of Ports to MARAD. The Administrator will same market with the same or similar and Domestic Shipping, will then either decide whether to take review within

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If review sold to Internet Service Providers for Service Providers—all subscribers that is not taken, the determination by the inclusion in a high-speed Internet are not telecommunications carriers. Director, Office of Ports and Domestic service offering, concluding that these Moreover, advanced services made Shipping, will become final two (2) advanced services are inherently available directly to business and business days after the time for different from advanced services made residential end-users are provided ‘‘at submission of requests that the available directly to business and retail.’’ Administrator not take review. If the last residential end-users, and as such, are 3. The Second R&O finds that day of a time limit falls on a Saturday, not subject to the discounted resale although Congress used the term ‘‘at Sunday, or Federal holiday, the time is obligations of section 251(c)(4). retail’’ to identify the types of extended to the next business day. In DATES: Effective March 13, 2000. transactions that are subject to a the absence of any petition for review, FOR FURTHER INFORMATION CONTACT: wholesale discount, it is not clear how the determination by the Director, Office Staci Pies, Attorney Advisor, Common the Commission should interpret the of Ports and Domestic Shipping will Carrier Bureau, Policy and Program term. The Act does not define the term become final within ten (10) business Planning Division, 202–418–1580. ‘‘at retail,’’ and the legislative history on days. Each decision to grant, deny, or section 251(c)(4) provides only minimal SUPPLEMENTARY INFORMATION: This is a revoke a waiver will be made in writing, clarification of Congress’ intentions summary of the Commission’s Second and a copy of the written decision will with regard to the appropriate definition Report and Order (Second R&O), in CC be provided to each applicant and other and application of the term. Although Docket No. 98–147, adopted November parties to the decision. The Secretary, the legislative history suggests that the 2, 1999, and released November 9, 1999. MARAD, may extend any of the time Commission should interpret section This Second Report and Order limits for good cause shown. 251(c)(4) in such a way so as to create addresses the issue raised in the Notice affordable resale opportunities in order § 388.7 Sunset provision. of Proposed Rulemaking in this docket to stimulate the development of local We will grant no waivers on or after (Advanced Services Order and NPRM), competition, while still allowing September 30, 2002. 63 FR 45246, August 25, 1998. On incumbents to recover their costs for December 22, 1999, the Commission Dated: February 7, 2000. providing these services, there is no released an Errata correcting various By Order of the Maritime Administrator. indication in the legislative history that ministerial errors in the Second R&O. Joel C. Richard, Congress considered how ‘‘at retail’’ The complete text of the Second R&O should be construed in the context of Secretary. and the Errata is available for inspection the sale of data services to Internet [FR Doc. 00–3176 Filed 2–10–00; 8:45 am] and copying during normal business Service Providers as an input BILLING CODE 4910±81±P hours in the FCC Reference Information component to their information service Center, Courtyard Level, 445 12th offerings to the ultimate end-user. Street, S.W., Washington, D.C. and also 4. Webster’s Unabridged Dictionary FEDERAL COMMUNICATIONS may be purchased from the defines the term ‘‘retail’’ as ‘‘the sale of COMMISSION Commission’s copy contractor, commodities, goods, articles, etc. International Transcription Services individually or in small quantities or 47 CFR Part 51 (ITS Inc.), CY–B400, 445 12th Street, parcels directly to the consumer.’’ SW, Washington, DC. [CC Docket No. 98±147; FCC 99±330] Similarly, Black’s Law Dictionary Deployment of Wireline Services Synopsis of the Second Report and defines retail as ‘‘[a] sale for final Offering Advanced Order consumption in contrast to a sale for further sale or processing (i.e., Telecommunications Capability I. Introduction wholesale) * * * to the ultimate AGENCY: Federal Communications 1. The Second R&O concludes, based consumer.’’ Based on these definitions, Commission on an examination of the statutory the Second R&O finds that retail ACTION: Final rule. language, the Act’s purpose, and the transactions necessarily involve direct specific facts, that advanced services sales of a product or service to the SUMMARY: This document addresses sold to residential and business end- ultimate consumer for her own personal whether the discounted resale users are subject to the section 251(c)(4) use or consumption. obligation of section 251(c)(4) applies to discounted resale obligation, without 5. The Second R&O concludes that an incumbent LEC provision of advanced regard to their classification as Internet Service Provider is purchasing services without regard to their telephone exchange service or exchange the DSL service for the sole purpose of classification as telephone exchange or access service. Moreover, the Second combining the telecommunications exchange access. The Commission R&O concludes that advanced services service with its own information service determines that analysis of section sold to Internet Service Providers under and offering a new retail service, i.e., 251(c)(4) requires a fact-specific volume and term discount plans are high-speed Internet service, to the evaluation of the features and inherently and substantially different ultimate end-user. In this process, the characteristics of a particular from advanced services made available Internet Service Provider adds value to transaction, and concludes that directly to business and residential end- the bulk DSL telecommunications advanced services sold at retail by users, and as such, are not retail services service by dividing that service for incumbent LECs to residential and and are not subject to the discounted individual consumer use and adding the business end-users are subject to the resale obligations of section 251(c)(4). Internet service, thus enabling the

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Internet Service Provider to offer and services sold directly to residential and the term ‘‘small business,’’ ‘‘small sell the newly created information business end-users are not exempt from organization,’’ and ‘‘small governmental service to the ultimate consumer: the these obligations, even though such jurisdiction.’’ In addition, the term residential or business subscriber. For services may be classified as exchange ‘‘small business’’ has the same meaning these reasons, the Internet Service access services. as the term ‘‘small business concern’’ Provider is not the ultimate end-user. under the Small Business Act, unless III. Final Regulatory Flexibility Analysis 6. Further, the DSL services that the Commission has developed one or (FRFA) incumbents are offering to Internet more definitions that are appropriate to Service Providers specifically 1. As required by the Regulatory its activities. Under the Small Business contemplate that the Internet Service Flexibility Act (RFA), 5 U.S.C. section Act, a ‘‘small business concern’’ is one Provider will be the entity providing to 603, an Initial Regulatory Flexibility that: (1) Is independently owned and the ultimate end-user many services Analysis (IRFA) was incorporated in the operated; (2) is not dominant in its field typically associated with retail sales, Advanced Services Order and NPRM. of operation; and (3) meets any thus reinforcing the conclusions of the The Commission sought written public additional criteria established by the Second R&O that the bulk DSL services comment on the proposals in the Small Business Administration (SBA). are not retail services offered to the Advanced Services Order and NPRM, The SBA has defined a small business ultimate end-users. Any Internet Service including comment on the IRFA. This for Standard Industrial Classification Provider that purchases a bulk DSL present FRFA conforms to the RFA. (SIC) categories 4812 (Radiotelephone service must itself, rather than the A. Need for and Objectives of This Communications) and 4813 (Telephone incumbent, provide these typical retail Communications, Except services to the ultimate consumer. Second Report and Order and the Rules Adopted Herein Radiotelephone) to be small entities These facts underscore that bulk DSL when they have no more than 1,500 services sold to Internet Service 2. In order to encourage competition employees. We first discuss the number Providers are markedly different from among carriers to develop and deploy of small telephone companies falling the retail DSL services designed for new advanced services, it is critical that within these SIC categories, then individual end-user consumption. the marketplace for these services be attempt to refine further those estimates 7. In contrast, the Second R&O finds conducive to investment, innovation, to correspond with the categories of that some incumbent LECs are selling and meeting the needs of consumers. In telephone companies that are commonly single lines of DSL service directly to this Second Report and Order, we seek used under our rules. residential and business end-users. to ensure that all carriers have economic 6. The most reliable source of These customers buy the DSL service to incentives to innovate and invest in new information regarding the total numbers meet their own internal technologies. of common carrier and related providers telecommunications needs. The Second 3. We amend our rules to clarify that nationwide, as well as the numbers of R&O concludes that an incumbent LEC advanced services sold to Internet commercial wireless entities, appears to DSL offering to residential and business Service Providers as an input be data the Commission publishes end-users is clearly a retail offering component to the Internet Service annually in its Carrier Locator report, designed for and sold to the ultimate Providers’ own retail Internet service derived from filings made in connection end-user. Accordingly, the Second R&O offering are not subject to the with the Telecommunications Relay finds that DSL services designed for and discounted resale obligations of section Service (TRS). According to data in the sold to residential and business end- 251(c)(4). We also amend our rules to most recent report, there are 3,604 users are subject to the discounted clarify that, notwithstanding the fact interstate carriers. These carriers resale obligations of section 251(c)(4). that advanced services sold to Internet include, inter alia, local exchange The Second R&O concludes, however, Service Providers are excluded from the carriers, wireline carriers and service that section 251(c)(4) does not apply residential resale obligations of section providers, interexchange carriers, where the incumbent LEC offers DSL 251(c)(4), advanced telecommunication competitive access providers, operator services as an input component to services sold directly to residential and service providers, pay telephone Internet Service Providers who combine business end-users are not exempt from operators, providers of telephone toll the DSL service with their own Internet these obligations, even though such service, providers of telephone service. services may be classified as exchange exchange service, and resellers. 8. The Second R&O notes that the access services. conclusions therein do not change the 7. We have included small incumbent regulatory status of the Internet Service B. Summary of Significant Issues Raised LECs in this present RFA analysis. As Provider, which the Commission by Public Comments in Response to the noted above, a ‘‘small business’’ under previously has concluded to be an IRFA the RFA is one that, inter alia, meets the information service provider rather than 4. In the IRFA, we stated that any rule pertinent small business size standard a telecommunications carrier. changes would impose minimum (e.g., a telephone communications 9. The Second R&O finds that its burdens on small entities. We indicated business having 1,500 or fewer conclusions are consistent with the that the IRFA solicited comment on employees), and ‘‘is not dominant in its Commission’s decision regarding the alternatives to our proposed rules that field of operation.’’ The SBA’s Office of scope of section 251(c)(4) as set forth in would minimize the impact they may Advocacy contends that, for RFA the Local Competition First Report and have on small entities. The comments purposes, small incumbent LECs are not Order, 61 FR 45476, August 29, 1996, we received did not respond directly to dominant in their field of operation where the Commission resolved that the the issue addressed in this Order. because any such dominance is not type of exchange access services ‘‘national’’ in scope. We have therefore predominantly offered to interexchange C. Description and Estimates of the included small incumbent LECs in this carriers are not subject to the discounted Number of Small Entities Affected by RFA analysis, although we emphasize resale obligations of section 251(c)(4). the Second Report and Order that this RFA action has no effect on Nonetheless, the Second R&O clarifies 5. The RFA generally defines ‘‘small FCC analyses and determinations in that advanced telecommunication entity’’ as having the same meaning as other, non-RFA contexts.

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8. Total Number of Telephone a definition of small local exchange that incumbent LECs will already have Companies Affected. The United States carriers (LECs), competitive local these skills. Bureau of the Census (‘‘the Census exchange carriers (CLECs), resellers, or 14. The burden of compliance with Bureau’’) reports that, at the end of Internet Service Providers (ISPs). The this requirement is minimal because, 1992, there were 3,497 firms engaged in closest applicable definition for these pursuant to section 251(c), incumbent providing telephone services, as defined carrier-types under SBA rules is for LECs already must comply with state therein, for at least one year. This telephone communications companies mandated wholesale discount number contains a variety of different other than radiotelephone (wireless) requirements for all telecommunications categories of carriers, including local companies. The most reliable source of services they provide at retail to exchange carriers, interexchange information regarding the number of subscribers who are not carriers, competitive access providers, these carriers nationwide of which we telecommunications carriers. cellular carriers, mobile service carriers, are aware appears to be the data that we E. Steps Taken to Minimize Significant operator service providers, pay collect annually in connection with the telephone operators, PCS providers, TRS. According to our most recent data, Economic Impact on Small Entities and covered SMR providers, and resellers. It there are 1,410 LECs, 129 CLECs, and Small Incumbent LECs, and Alternatives seems certain that some of those 3,497 351 resellers. Considered telephone service firms may not qualify 11. Although it seems certain that 15. Section 251(c)(4) imposes on all as small entities or small incumbent some of these carriers are not incumbent LECs, including small LECs because they are not independently owned and operated, or incumbent LECs, the duty to offer for ‘‘independently owned and operated.’’ have more than 1,500 employees, we are resale at wholesale rates ‘‘any For example, a PCS provider that is unable at this time to estimate with telecommunications service that the affiliated with an interexchange carrier greater precision the number of these carrier provides at retail to subscribers having more than 1,500 employees carriers that would qualify as small who are not telecommunications would not meet the definition of a small business concerns under SBA’s carriers.’’ The Commission’s business. It seems reasonable to definition. Consequently, we estimate conclusions in this order clarify this conclude, therefore, that fewer than that there are fewer than 1,410 small statutory obligation. The order imposes 3,497 telephone service firms are small entity LECs or small incumbent LECs, no additional obligations on incumbent entity telephone service firms or small 129 CLECs, and 351 resellers that may LECs. incumbent LECs that may be affected by be affected by the decisions and rules of F. Report to Congress the decisions and rules of the present the present action. action. 12. Internet Service Providers. SBA 16. The Commission will send a copy 9. Wireline Carriers and Service has developed a small business size of the Second Report and Order, Providers. SBA has developed a standard for ‘‘Information Retrieval including this FRFA, in a report to be definition of small entities for telephone Services,’’ SIC code 7375. This category sent to Congress pursuant to the Small communications companies other than includes establishments primarily Business Regulatory Enforcement radiotelephone companies. The Census engaged in providing online database Fairness Act of 1996. See 5 U.S.C. Bureau reports that, there were 2,321 information retrieval services, on a 801(a)(1)(A). In addition, the such telephone companies in operation contract or fee basis. According to SBA Commission will send a copy of the for at least one year at the end of 1992. regulations, a small business under this Second Report and Order, including this According to SBA’s definition, a small category is one having annual receipts FRFA, to the Chief Counsel for business telephone company other than of $18 million or less. Based on firm Advocacy of the Small Business a radiotelephone company is one size data provided by the Bureau of the Administration. A copy of the Second employing no more than 1,500 persons. Census, 3,123 firms are small under Report and Order and FRFA (or All but 26 of the 2,321 non- SBA’s $18 million size standard for SIC summaries thereof) will also be radiotelephone companies listed by the code 7375. Although some of these ISPs published in the Federal Register. See Census Bureau were reported to have might not be independently owned and 5 U.S.C. 604(b). fewer than 1,000 employees. Thus, even operated, we are unable at this time to if all 26 of those companies had more estimate with greater precision the IV. Procedural Matters than 1,500 employees, there would still number of ISPs that would qualify as 17. Accordingly, It is ordered that, be 2,295 non-radiotelephone companies small business concerns under SBA’s pursuant to sections 1 through 4, 10, that might qualify as small entities or definition. Consequently, we estimate 201, 202, 251 through 254, 256, 271, and small incumbent LECs. Although it that there are 3,123 or fewer small entity 303(r) of the Communications Act of seems certain that some of these carriers ISPs that may be affected by the 1934, as amended, 47 U.S.C. 151–154, are not independently owned and decisions and rules of the present 160, 201, 202, 251–254, 256, 271, and operated, we are unable at this time to action. 303(r), the Second Report and Order is estimate with greater precision the hereby Adopted. The requirements D. Summary of Projected Reporting, number of wireline carriers and service adopted in this Second Report and Recordkeeping, and Other Compliance providers that would qualify as small Order shall be effective March 13, 2000. Requirements business concerns under SBA’s 18. The actions contained in this definition. Consequently, we estimate 13. We require incumbent LECs to Second Report and Order have been that there are fewer than 2,295 small make available at a wholesale discount analyzed with respect to the Paperwork entity telephone communications advanced services sold at retail to Reduction Act of 1995 and found to companies other than radiotelephone residential and business end-users, impose no new or modified reporting companies that may be affected by the without regard to their classification as and recordkeeping requirements or decisions and rules of the present telephone exchange service or exchange burdens on the public. action. access service. We determine that 10. Local Exchange Carriers, Resellers complying with these rules may require List of Subjects in 47 CFR Part 51 and Internet Service Providers. Neither use of operational, accounting, billing, Communications, Common carriers, the Commission nor SBA has developed and legal skills. We believe, however, Telecommunications

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Federal Communications Commission. avoided retail costs, as described in because it does not impose any new Magalie Roman Salas, section 51.609. For purposes of this requirements. subpart, exchange access services, as Secretary. C. Paperwork Reduction Act defined in section 3 of the Act, shall not Rule Changes be considered to be telecommunications The Paperwork Reduction Act does Part 51 of Title 47 of the Code of services that incumbent LECs must not apply because the changes to the Federal Regulations is amended as make available for resale at wholesale NFS do not impose any recordkeeping follows: rates to requesting telecommunications or information collection requirements, carriers. or collections of information from PART 51ÐINTERCONNECTION offerors, contractors, or members of the [FR Doc. 00–3196 Filed 2–10–00; 8:45 am] public that require the approval of the 1. The authority for part 51 continues BILLING CODE 6712±01±U Office of Management and Budget under to read as follows: 44 U.S.C. 3501, et seq. Authority: Sections 1–5, 7, 201–05, 207– List of Subjects in 48 CFR Parts 1825 09, 218, 225–27, 251–54, 271, 332, 48 Stat. NATIONAL AERONAUTICS AND 1070, as amended, 1077; 47 U.S.C. 151–55, SPACE ADMINISTRATION and 1852 157, 201–05, 207–09, 218, 225–27, 251–54, Government procurement. 271, 332, unless otherwise noted. CFR 48 Parts 1825 and 1852 Tom Luedtke, 2. Section 51.605 is amended by revising paragraph (b), and adding Standard Clause for Export Controlled Associate Administrator for Procurement. paragraphs (c), (d) and (e) to read as Technology Accordingly, 48 CFR Parts 1825 and 1852 are amended as follows: follows: AGENCY: National Aeronautics and 1. The authority citation for 48 CFR Space Administration (NASA). § 51.605 Additional obligations of Parts 1825 and 1852 continues to read incumbent local exchange carriers. ACTION: Final rule. as follows: * * * * * SUMMARY: This is a final rule amending Authority: 42 U.S.C. 2473(c)(1) (b) For purposes of this subpart, the NASA FAR Supplement (NFS) to exchange access services, as defined in add a contract clause the purpose of PART 1825ÐFOREIGN ACQUISITION section 3 of the Act, shall not be which is to assure contractors (and considered to be telecommunications 2. Sections 1825.970, 1825.970–1, and offerors) understand that they are services that incumbent LECs must 1825.970–2 are added to read as follows: responsible for export compliance in make available for resale at wholesale accordance with law and regulation, 1825.970 Export control. rates to requesting telecommunications and that they should not rely on NASA carriers. 1825.970±1 Background. to obtain necessary licenses in (c) For purposes of this subpart, (a) NASA contractors and execution of the contracted work. This advanced telecommunications services subcontractors are subject to U.S. export clause complies with performance based sold to Internet Service Providers as an control laws and regulations, including contacting principles. It notifies the input component to the Internet Service the International Traffic in Arms contractor of its responsibilities under Providers’ retail Internet service offering Regulations (ITAR), 22 CFR Parts 120 the International Traffic in Arms shall not be considered to be through 130, and the Export Regulations (ITAR) and the Export telecommunications services offered on Administration Regulations (EAR), 15 Administration Regulations (EAR) a retail basis that incumbent LECs must CFR Parts 730 through 799. The during contract performance. make available for resale at wholesale contractor is responsible for obtaining Additional, tailored clauses may be rates to requesting telecommunications the appropriate licenses or other required when specific exemptions or carriers. approvals from the Department of State licenses are applicable, as, for example, (d) Notwithstanding paragraph (b) of or the Department of Commerce when it with the International Space Station. this section, advanced exports hardware, technical data, or These clauses would be developed on a telecommunications services that are software, or provides technical case-by-case basis. classified as exchange access services assistance to a foreign destination or are subject to the obligations of EFFECTIVE DATE: February 11, 2000. ‘‘foreign person’’, as defined in 22 CFR paragraph (a) of this section if such FOR FURTHER INFORMATION CONTACT: 120.16, and there are no applicable or services are sold on a retail basis to Patrick Flynn, NASA, Office of available exemptions/exceptions to the residential and business end-users that Procurement, Contract Management ITAR/EAR, respectively. A person who are not telecommunications carriers. Division (Code HK), (202) 358–0460. is lawfully admitted for permanent (e) Except as provided in § 51.613, an SUPPLEMENTARY INFORMATION: residence in the United States is not a incumbent LEC shall not impose ‘‘foreign person’’. (See 22 CFR 120.16 restrictions on the resale by a requesting A. Background and 15 CFR 734.2(b)(2)(ii).) carrier of telecommunications services A proposed rule was published in the (b) The exemption at 22 CFR offered by the incumbent LEC. Federal Register on October 28, 1999 125.4(b)(3) of the ITAR provides that a 2. Section 51.607 is revised to read as (64 FR 58031–58032). No comments contractor may export technical data follows: were received. This final rule adopts the without a license if the contract between proposed rule without change. the agency and the exporter provides for § 51.607 Wholesale pricing standard. the export of the data. The clause at The wholesale rate that an incumbent B. Regulatory Flexibility Act 1852.225–70, Alternate I, provides LEC may charge for a NASA certifies that this regulation contractual authority for the exemption, telecommunications service provided will not have significant economic but the exemption is available only after for resale to other telecommunications impact on a substantial number of small the contracting officer, or designated carriers shall equal the rate for the business entities under the Regulatory representative, provides written telecommunications service, less Flexibility Act (5 U.S.C. 601 et seq.) authorization or direction enabling its

VerDate 272000 16:21 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm03 PsN: 11FER1 6916 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations use. It is NASA policy that the exemption at 22 CFR 125.4(b)(3). The 703/358–1735). You may examine exemption at 22 CFR 125.4(b)(3) may Contracting Officer or designated comments and materials received only be used when technical data representative may authorize or direct the during normal business hours in room (including software) is exchanged with use of the exemption where the data does not disclose details of the design, development, 420, Arlington Square Building, 4401 a NASA foreign partner pursuant to the production, or manufacture of any defense North Fairfax Drive, Arlington, Virginia. terms of an international agreement in article. You must make an appointment to furtherance of an international examine these materials. collaborative effort. The contracting [FR Doc. 00–3009 Filed 2–10–00; 8:45 am] officer must obtain the approval of the BILLING CODE 7510±01±M FOR FURTHER INFORMATION CONTACT: Center Export Administrator before Nancy Gloman, Chief, Division of granting the contractor the authority to Endangered Species (Telephone 703/ use this exemption. DEPARTMENT OF THE INTERIOR 358–2171, Facsimile 703/358–1735). SUPPLEMENTARY INFORMATION: 1825.970±2 Contract clause. Fish and Wildlife Service This notice of request for additional Insert the clause at 1852.225–70, Export Licenses, in all solicitations and 50 CFR Parts 13 and 17 comment on the final rule, including the background information for the rule, contracts, except in contracts with RIN 1018±AD95 foreign entities. Insert the clause with that amended the general permitting its Alternate I when the NASA project Additional Comments Sought on regulations applies to the U.S. Fish and office indicates that technical data Permit Regulations Relating to Habitat Wildlife Service only. Therefore, the use (including software) is to be exchanged Conservation Plans, Safe Harbor of the terms Service and ‘‘we’’ in this by the contractor with a NASA foreign Agreements, and Candidate notice refers exclusively to the U.S. Fish partner pursuant to an international Conservation Agreements With and Wildlife Service. The final rule was agreement. Assurances published on June 17, 1999, at 64 FR 32706. We published a correction PART 1852ÐSOLICITATION AGENCY: Fish and Wildlife Service, document September 30, 1999, at 64 FR PROVISIONS AND CONTRACT Interior. 52676 to correct certain errors that CLAUSES ACTION: Notice of request for additional appeared in the final regulations. comment on final rule amending general 3. Section 1852.225–70 is added to permitting regulations. Background read as follows: SUMMARY: We, the U.S. Fish and The Service administers a variety of 1852.225±70 Export Licenses. Wildlife Service (Service) published a conservation laws that authorize the As prescribed in 1825.970–2, insert final rule on June 17, 1999, amending issuance of certain permits for otherwise the following clause: parts 13 and 17 of title 50 of the Code prohibited activities. In 1974, we EXPORT LICENSES (FEB 2000) of Federal Regulations (CFR). The final published 50 CFR part 13 to consolidate rule, among other things, contained a the administration of various permitting (a) The Contractor shall comply with all number of changes to existing Service U.S. export control laws and regulations, programs. Part 13 established a uniform including the International Traffic in Arms regulations that apply to permits issued framework of general administrative Regulations (ITAR), 22 CFR Parts 120–130, under the authority of the Endangered conditions and procedures that would and the Export Administration Regulations Species Act of 1973, as amended (Act). govern the application, processing, and (EAR), 15 CFR Parts 730–799, in the The changes were designed to alter the issuance of all Service permits. We performance of this contract. In the absence applicability of the Service’s general intended the general part 13 permitting of available license exemptions/exceptions, permitting regulations in 50 CFR part 13 provisions to be in addition to, and not the Contractor shall be responsible for to permits issued under section 10 of obtaining the appropriate licenses or other in lieu of, other more specific permitting approvals, if required, for exports of the Act for Habitat Conservation Plans, requirements of Federal wildlife laws. Safe Harbor Agreements, and Candidate hardware, technical data, and software, or for Subsequent to the 1974 publication of Conservation Agreements with the provision of technical assistance. part 13, we added many wildlife (b) The Contractor shall be responsible for Assurances. We are seeking additional regulatory programs to title 50 of the obtaining export licenses, if required, before public comment on a number of the CFR. For example, we added part 18 in utilizing foreign persons in the performance regulatory changes finalized in the June of this contract, including instances where 17, 1999, rule. During the period in 1974 to implement the Marine Mammal the work is to be performed on-site at [insert Protection Act, modified and expanded name of NASA installation], where the which additional public comments are solicited, the regulations published in part 17 in 1975 to implement the foreign person will have access to export- Endangered Species Act, and added part controlled technical data or software. the final rule of June 17, 1999, will (c) The Contractor shall be responsible for remain in full force and effect. Based on 23 in 1977 to implement the Convention all regulatory record keeping requirements public comments received, we will on International Trade in Endangered associated with the use of licenses and decide whether portions of the June 17, Species of Wild Fauna and Flora license exemptions/exceptions. 1999 final rule should be reproposed. (CITES). These parts contained their (d) The Contractor shall be responsible for Aspects of the June 17, 1999 final rule own specific permitting requirements in ensuring that the provisions of this clause that are not included in this document addition to the general permitting apply to its subcontractors. provisions of part 13. (End of clause) are unaffected. DATES: Comments must be received by In most instances, the combination of ALTERNATE 1 (FEB 2000) March 13, 2000. part 13’s general permitting provisions As prescribed in 1825.970–2, add the ADDRESSES: Send any comments or and part 17’s specific permitting following paragraph (e) as Alternate I to the materials concerning this document to provisions have worked well since clause: (e) The Contractor may request, in writing, the Chief, Division of Endangered 1975. However, in three areas of that the Contracting Officer authorizes it to Species, U.S. Fish and Wildlife Service, emerging permitting policy under the export ITAR-controlled technical data 452 ARLSQ, Washington, D.C., 20240 Act, the ‘‘one size fits all’’ approach of (including software) pursuant to the (Telephone 703/358–2171, Facsimile part 13 has been inappropriately

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Section 13.23(b) generally reserves areas involve Habitat Conservation impediments to the development of to the Service the right to amend Planning, Safe Harbor Agreements, and these Agreements. permits ‘‘for just cause at any time.’’ The Candidate Conservation Agreements Because we believed that it was final rule revised this provision to with Assurances. appropriate to address the potential clarify that the Service’s reserved right Congress amended section 10(a)(1) of conflicts between parts 13 and 17 of the to amend HCP, Safe Harbor Agreement, the Act in 1982 to authorize incidental regulations, we promulgated revisions and Candidate Conservation Agreement take permits associated with Habitat to the regulations that specifically with Assurances permits must be Conservation Plans (HCP). Many HCP identify in which instances the permit exercised consistently with the permits involve long-term conservation procedures for HCP, Safe Harbor, and assurances provided to HCP, Safe commitments that run with the affected Candidate Conservation Agreements Harbor Agreement, and Candidate land for the life of the permit or longer. with Assurances permits will differ Conservation Agreement with We negotiate such long-term permits from the general part 13 permit Assurances permit holders in their recognizing that a succession of owners procedures. permits and in the HCP, Safe Harbor may purchase or resell the affected Description/Overview of the Notice Agreement, and Candidate Conservation property during the term of the permit. Requesting Additional Comments Agreement with Assurances permit The Service does not view this system regulations. as a problem, where the requirements of This notice seeks additional public 3. The final rule revised section 13.24 such permits run with the land and comment on the specific amendments to to provide a more streamlined approach successive owners agree to the terms of parts 13 and 17, promulgated in the to rights of succession for HCP, Safe the HCP. Property owners similarly do June 17, 1999, final rule, that dictate Harbor Agreement, and Candidate not view this arrangement as a problem when the permitting requirements for Conservation Agreement with so long as we can easily transfer HCP, Safe Harbor, and Candidate Assurances permits, and revised section incidental take authorization from one Conservation Agreements with 13.25 to provide for greater purchaser to another. Assurances permits will vary from the transferability of these permits. The In other HCP situations, the HCP general part 13 requirements. We restrictions that sections 13.24 and permittee may be a State or local agency believe specific regulatory amendments 13.25 previously imposed on permit that intends to sub-permit or blanket the will achieve the purpose of avoiding succession and transferability were incidental take authorization to potential conflicts between these justified for most wildlife permitting hundreds if not thousands of its permits and the general part 13 situations, but they were inappropriate citizens. We do not view this activity as requirements, while more clearly and unnecessary for HCP, Safe Harbor a problem so long as the original agency informing potential applicants and the Agreement, and Candidate Conservation permittee abides by, and ensures interested public of the ways in which Agreement with Assurances permits. compliance with, the terms of the HCP. the requirements for HCP, Safe Harbor, These permits may involve substantial The above HCP scenarios have not and Candidate Conservation long-term conservation commitments, been easily reconcilable with certain Agreements with Assurances permits and the Service negotiates such long- sections of part 13. For example, 50 CFR differ from the general permit term permits recognizing that there may sections 13.24 and 13.25 impose requirements. The specific changes on be succession or transfer in ownership significant restrictions on permit right of which we seek additional public during the term of the permit. Revised succession or transferability. While comment are as follows: sections 13.24 and 13.25 allow this these restrictions are well justified for 1. Section 13.21(b)(4) generally transfer as long as the successor or most wildlife permitting situations, they prevents the Service from issuing a transferor owners meet the general have imposed inappropriate and permit for an activity that ‘‘potentially qualifications for holding the permit unnecessary limitations for HCP permits threatens a wildlife or plant and agree to the terms of the HCP, Safe where the term of the permit may be population.’’ This provision is Harbor Agreement, or Candidate lengthy and the parties to the HCP have unnecessary and might even be Conservation Agreement with foreseen the desirability of simplifying confusing for issuance criteria for Assurances. Under revised section sub-permitting and permit transference permits under HCPs, Safe Harbor 13.25(d), any person is under the direct from one property owner to the next, or Agreements, and Candidate control of a State or local governmental from a State or local agency to citizens Conservation Agreements with entity that has been issued a permit and under their jurisdiction. Assurances, since the HCP and may carry out the activity authorized by Similar problems also could have Candidate Conservation Agreements the permit if (1) that person is under the arisen in attempting to apply the general with Assurances issuance criteria jurisdiction of the governmental entity part 13 permitting requirements to already incorporate a requirement that and the permit provides that the person permits issued under part 17 to the permitted activity cannot be likely may carry out the authorized activity, or implement Safe Harbor or Candidate to jeopardize the continued existence of (2) the person has been issued a permit Conservation Agreements with a species and since Safe Harbor by the governmental entity or executed Assurances. A major incentive for Agreement permits must meet a net a written instrument with the property owner participation in the Safe benefit test. The final rule therefore governmental entity pursuant to the Harbor or Candidate Conservation revised the HCP permit issuance criteria terms of an implementing agreement. Agreements with Assurances programs in sections 17.22(b)(2) and 17.32(b)(2) to 4. The final rule added a new is the long-term certainty the programs except HCP permits from section subparagraph (7) to sections 17.22(b) provide, including the certainty that the 13.21(b)(4) and included in the final and 17.32(b) to make clear that HCP incidental take authorization will run Safe Harbor Agreement and Candidate permittees remain responsible for with the land if it changes hands and Conservation Agreement with mitigation required under the terms of the new owner agrees to be bound by Assurances permit regulations a similar their permits even after surrendering the terms of the original Agreement. exception from section 13.21(b)(4) their permits. We have required this Property owners could have viewed the (sections 17.22(c)(2) and (d)(2) and approach in many HCPs. The general limitations in several sections (e.g., 17.32(c)(2) and (d)(2)). provision in section 13.26 was silent on

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The final rule modified the permit effect, and no new revision to the CFR and revocation criteria in section 13.28(a) to will result from this document. (3) The proposed transferee has provided provide that the section 13.28(a)(5) such other information as the Service § 13.23 Amendment of permits. criterion shall not apply to HCP, Safe determines is relevant to the processing of Harbor Agreement, and Candidate * * * * * the submission. Conservation Agreement with (b) The Service reserves the right to amend (c) Except as otherwise stated on the face Assurances permits. The Service any permit for just cause at any time during of the permit, any person who is under the its term, upon written finding of necessity, direct control of the permittee, or who is determined that it would be more provided that any such amendment of a appropriate to refer instead to the employed by or under contract to the permit issued under §§ 17.22(b) through (d) permittee for purposes authorized by the statutory issuance criterion in 16 U.S.C. or 17.32(b) through (d) of this subchapter permit, may carry out the activity authorized shall be consistent with the requirements of 1539(a)(2)(B)(iv) that prohibits the by the permit. §§ 17.22(b)(5), (c)(5), and (d)(5) or 17.32(b)(5), issuance of an incidental take permit (d) In the case of permits issued under unless the Service finds the permit is (c)(5), and (d)(5) of this subchapter, respectively. §§ 17.22(b) through (d) or 17.32(b) through not likely to jeopardize the continued (d) of this subchapter to a State or local existence of the species. The final rule * * * * * governmental entity, a person is under the therefore included in the specific § 13.24 Right of succession by certain direct control of the permittee where: regulations for HCP permits a provision persons. (1) The person is under the jurisdiction of the permittee and the permit provides that (sections 17.22(b)(8) and 17.32(b)(8)) (a) Certain persons other than the permittee that allows a permit to be revoked if such person(s) may carry out the authorized are authorized to carry on a permitted activity; or continuing the permitted activity would activity for the remainder of the term of a (2) The person has been issued a permit by be inconsistent with 16 U.S.C. current permit, provided they comply with the governmental entity or has executed a the provisions of paragraph (b) of this 1539(a)(2)(B)(iv). The final rule also written instrument with the governmental section. Such persons are the following: included similar provisions for the Safe entity, pursuant to the terms of the (1) The surviving spouse, child, executor, Harbor Agreement and Candidate administrator, or other legal representative of implementing agreement. Conservation Agreement with a deceased permittee; or § 13.28 Permit revocation. Assurances permits (sections 17.22(c)(7) (2) A receiver or trustee in bankruptcy or and (d)(7), and sections 17.32(c)(7) and a court-designated assignee for the benefit of (a) * * * (d)(7)). creditors. (5) Except for permits issued under In keeping with the ‘‘No Surprises’’ (b) In order to qualify for the authorization §§ 17.22(b) through (d) or 17.32(b) through rule (sections 17.22(b)(5)–(6) and provided in this section, the person or (d) of this subchapter, the population(s) of 17.32(b)(5)–(6)), these provisions would persons desiring to continue the activity shall the wildlife or plant that is the subject of the furnish the permit to the issuing officer for permit declines to the extent that allow the Service to revoke an HCP endorsement within 90 days from the date continuation of the permitted activity would permit as a last resort in the narrow and the successor begins to carry on the activity. be detrimental to maintenance or recovery of unlikely situation in which an (c) In the case of permits issued under the affected population. §§ 17.22(b) through (d) or 17.32(b) through unforeseen circumstance results in * * * * * likely jeopardy to a species covered by (d) of this subchapter B, the successor’s the permit and the Service has not been authorization under the permit is also subject § 13.50 Acceptance of liability. to a determination by the Service that: successful in remedying the situation (1) The successor meets all of the Except as otherwise limited in the case of through other means. The Service is qualifications under this part for holding a permits described in § 13.25 (d), any person firmly committed, as required by the No permit; holding a permit under this subchapter B Surprises rule, to utilizing its resources (2) The successor has provided adequate assumes all liability and responsibility for to address any such unforeseen written assurances that it will provide the conduct of any activity conducted under circumstances. These principles also sufficient funding for the conservation plan the authority of such permit. apply to Safe Harbor Agreement and or Agreement and will implement the relevant terms and conditions of the permit, § 17.22 Permits for scientific purposes, Candidate Conservation Agreement with including any outstanding minimization and enhancements of propagation or survival, Assurances permits. mitigation requirements; and or for incidental taking. 6. The final rule revised section 13.50 (3) The successor has provided such other * * * * * to allow more flexibility where the information as the Service determines is (b) * * * permittee is a State or local relevant to the processing of the request. (2) Issuance criteria. (i) Upon receiving an governmental entity and has thus taken § 13.25 Transfer of permits and scope of application completed in accordance with a leadership role and is assisting in permit authorization. paragraph (b)(1) of this section, the Director implementation of the permit program. will decide whether or not a permit should 7. The final rule added a new (a) Except as otherwise provided for in this be issued. The Director shall consider the section, permits issued under this part are subparagraph (5) to sections 17.22(c) general issuance criteria in § 13.21(b) of this not transferable or assignable. subchapter, except for § 13.21(b)(4), * * * and (d) and 17.32(c) and (d) to provide (b) Permits issued under §§ 17.22(b) the same ‘‘No Surprises’’ assurances for through (d) or 17.32(b) through (d) of this * * * * * Safe Harbor Agreement and Candidate subchapter B may be transferred in whole or (7) Discontinuance of permit activity. Conservation Agreement with in part through a joint submission by the Notwithstanding the provisions of § 13.26 of Assurance permits that already apply to permittee and the proposed transferee, or in this subchapter, a permittee under this the case of a deceased permittee, the paragraph (b) remains responsible for any HCPs. outstanding minimization and mitigation To ensure that we have promulgated deceased permittee’s legal representative and the proposed transferee, provided the Service measures required under the terms of the the most effective regulations possible, determines that: permit for take that occurs prior to surrender we seek additional comment on the (1) The proposed transferee meets all of the of the permit and such minimization and above described amendments of June qualifications under this part for holding a mitigation measures as may be required 17, 1999, to Title 50, Chapter I, permit; pursuant to the termination provisions of an

VerDate 272000 17:07 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm07 PsN: 11FER1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations 6919 implementing agreement, habitat be sufficient to provide a net conservation for the affected species, and maintain the conservation plan, or permit even after benefit to species covered in the original terms of the Agreement to the surrendering the permit to the Service enhancement of survival permit. In maximum extent possible. Additional pursuant to § 13.26 of this subchapter. The determining the duration of a permit, the conservation and mitigation measures will permit shall be deemed canceled only upon Director will consider the duration of the not involve the commitment of additional a determination by the Service that such planned activities, as well as the positive and land, water or financial compensation or minimization and mitigation measures have negative effects associated with permits of additional restrictions on the use of land, been implemented. Upon surrender of the the proposed duration on covered species, water, or other natural resources otherwise permit, no further take shall be authorized including the extent to which the available for development or use under the under the terms of the surrendered permit. conservation activities included in the Safe original terms of the Agreement without the (8) Criteria for revocation. A permit issued Harbor Agreement will enhance the survival consent of the permittee. under this paragraph (b) may not be revoked and contribute to the recovery of listed (C) The Director will have the burden of for any reason except those set forth in species included in the permit. demonstrating that unforeseen circumstances § 13.28(a)(1) through (4) of this subchapter or (d)(1) Application requirements for permits exist, using the best scientific and unless continuation of the permitted activity for the enhancement of survival through commercial data available. These findings would be inconsistent with the criterion set Candidate Conservation Agreements with must be clearly documented and based upon forth in 16 U.S.C. 1539(a)(2)(B)(iv) and the Assurances. *** reliable technical information regarding the inconsistency has not been remedied in a (2) Issuance criteria. Upon receiving an status and habitat requirements of the timely fashion. application completed in accordance with affected species. The Director will consider, (c)(1) Application requirements for permits paragraph (d)(1) of this section, the Director but not be limited to, the following factors: for the enhancement of survival through Safe will decide whether or not to issue a permit. (1) Size of the current range of the affected Harbor Agreements. *** The Director shall consider the general species; (2) Issuance criteria. Upon receiving an issuance criteria in § 13.21(b) of this (2) Percentage of range adversely affected application completed in accordance with subchapter, except for § 13.21(b)(4), * * * by the Agreement; paragraph (c)(1) of this section, the Director * * * * * (3) Percentage of range conserved by the will decide whether or not to issue a permit. Agreement; The Director shall consider the general (5) Assurances provided to permittee in case of changed or unforeseen (4) Ecological significance of that portion issuance criteria in § 13.21(b) of this of the range affected by the Agreement; subchapter, except for § 13.21(b)(4), * * * circumstances. The assurances in this paragraph (d)(5) apply only to permits issued (5) Level of knowledge about the affected * * * * * in accordance with paragraph (d)(2) where species and the degree of specificity of the (5) Assurances provided to permittee. (i) the Candidate Conservation with Assurances species’ conservation program under the The assurances in paragraph (c)(5)(ii) of this Agreement is being properly implemented, Agreement; and section apply only to Safe Harbor permits and apply only with respect to species (6) Whether failure to adopt additional issued in accordance with paragraph (c)(2) of adequately covered by the Candidate conservation measures would appreciably this section where the Safe Harbor Conservation with Assurances Agreement. reduce the likelihood of survival and Agreement is being properly implemented, These assurances cannot be provided to recovery of the affected species in the wild. and apply only with respect to species Federal agencies. (6) Additional actions. Nothing in this rule covered by the Agreement and permit. These (i) Changed circumstances provided for in will be construed to limit or constrain the assurances cannot be provided to Federal the Agreement. If additional conservation Director, any Federal, State, local, or Tribal agencies. The assurances provided in this and mitigation measures are deemed government agency, or a private entity, from section apply only to Safe Harbor permits necessary to respond to changed taking additional actions at its own expense issued after July 19, 1999. circumstances and were provided for in the to protect or conserve a species included in (ii) If additional conservation and Agreement’s operating conservation program, a Candidate Conservation with Assurances mitigation measures are deemed necessary, the permittee will implement the measures Agreement. the Director may require additional measures specified in the Agreement. (7) Criteria for revocation. A permit issued of the permittee, but only if such measures (ii) Changed circumstances not provided under this paragraph (d) may not be revoked are limited to modifications within for in the Agreement. If additional for any reason except those set forth in conserved habitat areas, if any, for the conservation and mitigation measures are § 13.28(a)(1) through (4) of this subchapter or affected species and maintain the original deemed necessary to respond to changed unless continuation of the permitted activity terms of the Safe Harbor Agreement to the would be inconsistent with the criterion set maximum extent possible. Additional circumstances and such measures were not provided for in the Agreement’s operating forth in paragraph (d)(2)(iii) of this section conservation and mitigation measures will and the inconsistency has not been remedied not involve the commitment of additional conservation program, the Director will not require any conservation and mitigation in a timely fashion. land, water, or financial compensation or (8) Duration of the Candidate Conservation additional restrictions on the use of land, measures in addition to those provided for in the Agreement without the consent of the Agreement. The duration of a Candidate water, or other natural resources otherwise Conservation Agreement covered by a permit available for development or use under the permittee, provided the Agreement is being properly implemented. issued under this paragraph (d) must be original terms of the Safe Harbor Agreement sufficient to enable the Director to determine without the consent of the permittee. (iii) Unforeseen circumstances. (A) In negotiating unforeseen circumstances, the that the benefits of the conservation measures (6) Additional actions. Nothing in this rule in the Agreement, when combined with those will be construed to limit or constrain the Director will not require the commitment of additional land, water, or financial benefits that would be achieved if it is Director, any Federal, State, local, or Tribal assumed that the conservation measures government agency, or a private entity, from compensation or additional restrictions on the use of land, water, or other natural would also be implemented on other taking additional actions at its own expense necessary properties, would preclude or to protect or conserve a species included in resources beyond the level otherwise agreed upon for the species covered by the remove any need to list the species covered a Safe Harbor Agreement. by the Agreement. (7) Criteria for revocation. A permit issued Agreement without the consent of the under this paragraph (c) may not be revoked permittee. * * * * * for any reason except those set forth in (B) If additional conservation and § 17.32 PermitsÐgeneral. § 13.28(a)(1) through (4) of this subchapter or mitigation measures are deemed necessary to unless continuation of the permitted activity respond to unforeseen circumstances, the * * * * * would be inconsistent with the criterion set Director may require additional measures of (b) * * * forth in § 17.22(c)(2)(iii) and the the permittee where the Agreement is being (2) Issuance criteria. (i) Upon receiving an inconsistency has not been remedied in a properly implemented, but only if such application completed in accordance with timely fashion. measures are limited to modifications within paragraph (b)(1) of this section, the Director (8) Duration of permits. The duration of conserved habitat areas, if any, or to the will decide whether or not a permit should permits issued under this paragraph (c) must Agreement’s operating conservation program be issued. The Director shall consider the

VerDate 272000 16:21 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm03 PsN: 11FER1 6920 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations general issuance criteria in 13.21(b) of this taking additional actions at its own expense the use of land, water, or other natural subchapter, except for 13.21(b)(4), * * * to protect or conserve a species included in resources beyond the level otherwise agreed * * * * * a Safe Harbor Agreement. upon for the species covered by the (7) Discontinuance of permit activity. (7) Criteria for revocation. A permit issued Agreement without the consent of the Notwithstanding the provisions of § 13.26 of under this paragraph (c) may not be revoked permittee. this subchapter, a permittee under this for any reason except those set forth in (B) If additional conservation and paragraph (b) remains responsible for any §§ 13.28(a)(1) through (4) of this subchapter mitigation measures are deemed necessary to outstanding minimization and mitigation or unless continuation of the permitted respond to unforeseen circumstances, the measures required under the terms of the activity would be inconsistent with the Director may require additional measures of permit for take that occurs prior to surrender criterion set forth in §§ 17.22(c)(2)(iii) and the permittee where the Agreement is being of the permit and such minimization and the inconsistency has not been remedied in properly implemented, but only if such mitigation measures as may be required a timely fashion. measures are limited to modifications within pursuant to the termination provisions of an (8) Duration of permits. The duration of conserved habitat areas, if any, or to the implementing agreement, habitat permits issued under this paragraph (c) must Agreement’s operating conservation program conservation plan, or permit even after be sufficient to provide a net conservation for the affected species, and maintain the surrendering the permit to the Service benefit to species covered in the original terms of the Agreement to the pursuant to § 13.26 of this subchapter. The enhancement of survival permit. In maximum extent possible. Additional permit shall be deemed canceled only upon determining the duration of a permit, the conservation and mitigation measures will a determination by the Service that such Director will consider the duration of the not involve the commitment of additional minimization and mitigation measures have planned activities, as well as the positive and land, water, or financial compensation or been implemented. Upon surrender of the negative effects associated with permits of additional restrictions on the use of land, permit, no further take shall be authorized the proposed duration on covered species, water, or other natural resources otherwise under the terms of the surrendered permit. including the extent to which the available for development or use under the (8) Criteria for revocation. A permit issued conservation activities included in the Safe original terms of the Agreement without the under this paragraph (b) may not be revoked Harbor Agreement will enhance the survival consent of the permittee. for any reason except those set forth in and contribute to the recovery of listed (C) The Director will have the burden of § 13.28(a)(1) through (4) of this subchapter or species included in the permit. demonstrating that unforeseen circumstances unless continuation of the permitted activity (d)(1) Application requirements for permits exist, using the best scientific and would be inconsistent with the criterion set for the enhancement of survival through commercial data available. These findings forth in 16 U.S.C. 1539(a)(2)(B)(iv) and the Candidate Conservation Agreements with must be clearly documented and based upon inconsistency has not been remedied in a Assurances. *** reliable technical information regarding the timely fashion. (2) Issuance criteria. Upon receiving an status and habitat requirements of the (c)(1) Application requirements for permits application completed in accordance with affected species. The Director will consider, for the enhancement of survival through Safe paragraph (d)(1) of this section, the Director but not be limited to, the following factors: Harbor Agreements. *** will decide whether or not to issue a permit. (1) Size of the current range of the affected (2) Issuance criteria. Upon receiving an The Director shall consider the general species; application completed in accordance with issuance criteria in § 13.21(b) of this (2) Percentage of range adversely affected paragraph (c)(1) of this section, the Director subchapter, except for § 13.21(b)(4), * * * by the Agreement; will decide whether or not to issue a permit. * * * * * (3) Percentage of range conserved by the The Director shall consider the general (5) Assurances provided to permittee in Agreement; issuance criteria in § 13.21(b) of this case of changed or unforeseen (4) Ecological significance of that portion subchapter, except for § 13.21(b)(4), * * * circumstances. The assurances in this of the range affected by the Agreement; * * * * * paragraph (d)(5) apply only to permits issued (5) Level of knowledge about the affected (5) Assurances provided to permittee. (i) in accordance with paragraph (d)(2) where species and the degree of specificity of the The assurances in subparagraph (ii) of this the Candidate Conservation with Assurances species’ conservation program under the paragraph (c)(5) apply only to Safe Harbor Agreement is being properly implemented, Agreement; and permits issued in accordance with paragraph and apply only with respect to species (6) Whether failure to adopt additional (c)(2) of this section where the Safe Harbor adequately covered by the Candidate conservation measures would appreciably Agreement is being properly implemented, Conservation with Assurances Agreement. reduce the likelihood of survival and and apply only with respect to species These assurances cannot be provided to recovery of the affected species in the wild. covered by the Agreement and permit. These Federal agencies. (6) Additional actions. Nothing in this rule assurances cannot be provided to Federal (i) Changed circumstances provided for in will be construed to limit or constrain the agencies. The assurances provided in this the Agreement. If additional conservation Director, any Federal, State, local, or Tribal section apply only to Safe Harbor permits and mitigation measures are deemed government agency, or a private entity, from issued after July 19, 1999. necessary to respond to changed taking additional actions at its own expense (ii) If additional conservation and circumstances and were provided for in the to protect or conserve a species included in mitigation measures are deemed necessary, Agreement’s operating conservation program, a Candidate Conservation with Assurances the Director may require additional measures the permittee will implement the measures Agreement. of the permittee, but only if such measures specified in the Agreement. (7) Criteria for revocation. A permit issued are limited to modifications within (ii) Changed circumstances not provided under this paragraph (d) may not be revoked conserved habitat areas, if any, for the for in the Agreement. If additional for any reason except those set forth in affected species and maintain the original conservation and mitigation measures are § 13.28(a)1) through (4) of this subchapter or terms of the Safe Harbor Agreement to the deemed necessary to respond to changed unless continuation of the permitted activity maximum extent possible. Additional circumstances and such measures were not would be inconsistent with the criterion set conservation and mitigation measures will provided for in the Agreement’s operating forth in paragraph (d)(2)(iii) of this section not involve the commitment of additional conservation program, the Director will not and the inconsistency has not been remedied land, water, or financial compensation or require any conservation and mitigation in a timely fashion. additional restrictions on the use of land, measures in addition to those provided for in (8) Duration of the Candidate Conservation water, or other natural resources otherwise the Agreement without the consent of the Agreement. The duration of a Candidate available for development or use under the permittee, provided the Agreement is being Conservation Agreement covered by a permit original terms of the Safe Harbor Agreement properly implemented. issued under this paragraph (d) must be without the consent of the permittee. (iii) Unforeseen circumstances. (A) In sufficient to enable the Director to determine (6) Additional actions. Nothing in this rule negotiating unforeseen circumstances, the that the benefits of the conservation measures will be construed to limit or constrain the Director will not require the commitment of in the Agreement, when combined with those Director, any Federal, State, local, or Tribal additional land, water, or financial benefits that would be achieved if it is government agency, or a private entity, from compensation or additional restrictions on assumed that the conservation measures

VerDate 272000 12:27 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM pfrm01 PsN: 11FER1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations 6921 would also be implemented on other directed fishing allowance under 1. On page 5279, in the third column, necessary properties, would preclude or section 206(b)(1) of the AFA. The fee fourth complete paragraph, second line, remove any need to list the species covered system provides the means of repaying correct ‘‘§ 679.64’’ to read ‘‘§ 679.74’’. by the Agreement. a $75 million loan to reduce fishing 2. On page 5279, in the third column, Authority: The authority for this notice is capacity in that fishery. Fees are first sixth complete paragraph, second line, the Endangered Species Act of 1973, as due and payable under the inshore fee correct ‘‘§ 679.63’’ to read ‘‘§ 679.73’’. amended, 16 U.S.C. 1531 et seq. system on February 10, 2000. Although 3. On page 5279, in the third column, Dated: February 1, 2000. the fee system provisions were eighth complete paragraph, third line, Donald J. Barry, established in a separate subpart G of correct ‘‘§ 679.60’’ to read ‘‘§ 679.70’’. Assistant Secretary, Fish, Wildlife, and Parks, part 679, the section numbering was 4. On page 5280, in the first column, Department of the Interior. duplicated inadvertently in another fourth complete paragraph, fourth line, [FR Doc. 00–2870 Filed 2–10–00; 8:45 am] recently published BS/AI rule. The correct ‘‘§ 679.64’’ to read ‘‘§ 679.74’’. BILLING CODE 4310±55±P intent of this rule is to correct that error 5. On page 5280, in the first column, by renumbering the sections of Subpart eighth complete paragraph, first line, G as §§ 679.70–679.76. correct ‘‘§ 679.60’’ to read ‘‘§ 679.70’’. DEPARTMENT OF COMMERCE DATES: Effective February 10, 2000. 6. On page 5280, in the first column, FOR FURTHER INFORMATION CONTACT: ninth complete paragraph, first line, National Oceanic and Atmospheric Michael L. Grable, (301) 713–2390. correct ‘‘§ 679.61’’ to read ‘‘§ 679.71’’. Administration 7. On page 5280, in the first column, SUPPLEMENTARY INFORMATION: NMFS tenth complete paragraph, first line, published a document in the Federal 50 CFR Part 679 correct ‘‘§ 679.63’’ to read ‘‘§ 679.73’’. Register of February 3, 2000, (65 FR 8. On page 5280, in the first column, [Docket No. 991210331±0017±02; I.D. 5278)establishing a new subpart G 102899B] eleventh complete paragraph, first line, consisting of §§ 679.60–679.66 to correct ‘‘§ 679.64’’ to read ‘‘§ 679.74’’. RIN 0648±AN34 implement an inshore fee system for all 9. On page 5281, in the first column, pollock harvested under the IC of the correct the section numbers in the table Fisheries of the Exclusive Economic BS/AI directed fishing allowance. Less of contents for subpart G from Zone off Alaska; Inshore Fee System than a week earlier, NMFS had §§ 679.60–679.66 to §§ 679.70–679.76. for Repayment of the Loan to published a document in the Federal Harvesters of Pollock from the Register of January 28, 2000, (65 FR 10. Sections 679.60 through 679.66 Directed Fishing Allowance Allocated 4520) establishing a new subpart F appearing on pages 5281 through 5283 to the Inshore Component Under consisting of §§ 679.59–679.64 to are correctly designated as §§ 679.70 Section 206(b)(1) of the American implement major provisions of the AFA through 679.76. Fisheries Act (AFA); Correction including sideboard directed fishing 11. On page 5281, in the first column, closures. Thus, §§ 679.60–679.64 of the in corrected §679.70, second line, AGENCY: National Marine Fisheries correct ‘‘§ 679.1’’ to read ‘‘§ 679.2’’. Service (NMFS), National Oceanic and rule published on January 28, 2000, would be replaced by the unrelated rule 12. On page 5282, in the second Atmospheric Administration (NOAA), column, in corrected §679.73(c), last Commerce. published on February 3, 2000. This correction renumbers the new subpart G line, correct ‘‘§ 679.62(b)(1)’’ to read ACTION: Final rule; correction. as §§ 679.70–679.76. In addition, the ‘‘§ 679.72(b)(1)’’. SUMMARY: NMFS published in the reference to the definitions section of Dated: February 8, 2000. Federal Register of February 3, 2000, a part 679 is corrected from § 679.01 to Don Knowles, document implementing an inshore fee § 679.02. Acting Assistant Administrator for Fisheries, system for all pollock harvested under In rule FR Doc. 00–2284, published National Marine Fisheries Service. the inshore component (IC) of the on Thursday, February 3, 2000 (65 FR [FR Doc. 00–3214 Filed 2–9–00; 9:10 am] Bering Sea/Aleutian Islands (BS/AI) 5278) make the following corrections: BILLING CODE 3510±22±F

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Proposed Rules Federal Register Vol. 65, No. 29

Friday, February 11, 2000

This section of the FEDERAL REGISTER public inspection in room 4056, South Information Collection and contains notices to the public of the proposed Building, U.S. Department of Recordkeeping Requirements issuance of rules and regulations. The Agriculture, Washington, DC, between This proposed rule contains no new purpose of these notices is to give interested 8:00 a.m. and 4:00 p.m., Monday persons an opportunity to participate in the reporting or recordkeeping burdens rule making prior to the adoption of the final through Friday (7 CFR part 1.27(b)). under OMB control number 0572–0079 rules. FOR FURTHER INFORMATION CONTACT: that would require approval under the Jonathan P. Claffey, Deputy Assistant Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). DEPARTMENT OF AGRICULTURE Administrator, Telecommunications Program, Rural Utilities Service, 1400 Send questions or comments Independence Avenue, SW., Room regarding this burden or any other Rural Utilities Service aspect of these collections of 4056, STOP 1590, Washington, DC information, including suggestions for 20250–1590. Telephone: (202) 720– 7 CFR Part 1735 reducing the burden to F. Lamont 9556. RIN 0572±AB53 Heppe, Director, Program Development SUPPLEMENTARY INFORMATION: and Regulatory Analysis, Rural Utilities General Policies, Types of Loans, Loan Service, 1400 Independence Avenue, RequirementsÐTelecommunications Executive Order 12866 SW., Room 4034, STOP 1522, Program Washington, DC 20250–1522. This proposed rule has been AGENCY: Rural Utilities Service, USDA. determined to be not significant and, National Environmental Policy Act ACTION: Proposed rule. therefore, has not been reviewed by the Certification Office of Management and Budget under SUMMARY: The Rural Utilities Service The Administrator of RUS has Executive Order 12866. (RUS) is proposing to amend its determined that this proposed rule will regulations to provide that applicants Executive Order 12988 not significantly affect the quality of the may seek financial assistance to provide human environment as defined by the mobile telecommunications service This proposed rule has been reviewed National Environmental Policy Act of without regard to whether the applicant in accordance with Executive Order 1969 (42 U.S.C. 4321 et seq.). Therefore, is providing basic local exchange 12988, Civil Justice Reform. RUS has this action does not require an service in the territory to be served. RUS determined that this proposed rule environmental impact statement or is also clarifying its regulations with meets the applicable standards provided assessment. regard to the application of in section 3 of that Executive Order. In Catalog of Federal Domestic Assistance nonduplication provisions and state addition, all State and local laws and The program described by this telecommunications modernization regulations that are in conflict with this proposed rule is listed in the Catalog of plans to mobile telecommunications rule will be preempted; no retroactive Federal Domestic Assistance programs services. In addition, RUS has included effect will be given to this rule; and, in under numbers 10.851, Rural Telephone criteria for determining ‘‘reasonably accordance with section 212(e) of the Loans and Loan Guarantees, and 10.852, adequate service’’ levels for mobile Department of Agriculture Rural Telephone Bank Loans. This telecommunications service. This Reorganization Act of 1994 (7 U.S.C. catalog is available on a subscription proposed rule is part of an ongoing RUS 6912(e)), administrative appeal basis from the Superintendent of project to modernize agency policies in procedures, if any are required, must be Documents, the United States order to provide borrowers with the exhausted prior to initiating litigation Government Printing Office, flexibility to continue providing against the Department or its agencies. Washington, 20402–9325. Telephone: reliable, modern telephone service at (202) 512–1800. reasonable costs in rural areas, while Regulatory Flexibility Act Certification maintaining the security and feasibility Executive Order 12372 of the Government’s loans. RUS has determined that this proposed rule will not have a significant This program is excluded from the DATES: Written comments on this economic impact on a substantial scope of Executive Order 12372, proposed rule must be received by RUS Intergovernmental Consultation, which or carry a postmark or equivalent by number of small entities, as defined by the Regulatory Flexibility Act (5 U.S.C. may require consultation with State and March 13, 2000. local officials. See the final rule related 601 et seq.). The RUS ADDRESSES: Written comments on this notice entitled ‘‘Department Programs telecommunications loan program proposed rule should be addressed to and Activities Excluded from Executive Roberta D. Purcell, Assistant provides borrowers with loans at Order 12372,’’ (50 FR 47034). Administrator, Telecommunications interest rates and terms that are more Program, Rural Utilities Service, 1400 favorable than those generally available Unfunded Mandates Independence Avenue, SW., Room from the private sector. RUS borrowers, This proposed rule contains no 4056, STOP 1590, Washington, DC as a result of obtaining federal Federal Mandates (under the regulatory 20250–1590. RUS requires a signed financing, receive economic benefits provisions of title II of the Unfunded original and three copies of all that exceed any direct cost associated Mandates Reform Act of 1995) for State, comments (7 CFR part 1700.4). All with complying with RUS regulations local, and tribal governments or the comments received will be available for and requirements. private sector. Thus, this proposed rule

VerDate 272000 16:06 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\11FEP1.SGM pfrm08 PsN: 11FEP1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules 6923 is not subject to the requirements of plans (TMPs) for wireline services (see A. Revising paragraph (b); sections 202 and 205 of the Unfunded 7 CFR 1751.106), RUS policy is to B. Redesignating paragraphs (c), (d), Mandates Reform Act of 1995. consider a borrower receiving a loan to and (e) as (d), (e), and (f), respectively; finance such services to be participating and Background in the state’s plan so long as the loan C. Add a new paragraph (c). The telecommunications industry is funds are not used in a manner that, in The revision and addition read as becoming increasingly competitive. The RUS’ opinion, is inconsistent with the follows: Telecommunications Act of 1996 borrower achieving the goals set forth in § 1735.10 General. (Public Law 104–104) and regulatory the plan. RUS will continue to follow actions by the Federal Communications this policy regardless of whether the * * * * * Commission are drastically altering the borrower provides any local exchange (b) RUS will not make hardship loans, regulatory and business environment of services. In addition, RUS has included RUS cost-of-money loans, or RTB loans all telecommunications systems, criteria for determining ‘‘reasonably for any wireline local exchange service including RUS borrowers. At the same adequate service’’ levels for mobile or similar fixed-station voice service time, changes in overall business trends telecommunications service. that, in RUS’ opinion, is inconsistent and technologies continue to place RUS regulations are also utilized by with the borrower achieving the pressure on RUS-financed systems to the Governor of the Rural Telephone requirements stated in the State’s offer a wider array of services and to Bank in carrying out the Rural telecommunication modernization plan operate more efficiently. Telephone Bank’s (the Bank) loan within the time frame stated in the plan RUS regulations currently stipulate program; therefore, these policy (see 7 CFR part 1751, subpart B), unless that an entity must provide or propose revisions would apply to loans made by RUS has determined that achieving the to provide the basic local exchange the Bank, as well. requirements as stated in such plan is telephone service needs of rural areas to not technically or economically feasible. be eligible for RUS financing (7 CFR List of Subjects in 7 CFR Part 1735 (c) A borrower applying for a loan to 1735.14, Borrower Eligibility) and that Accounting, Loan programs— finance mobile telecommunication loans cannot be made for facilities to communications, Reporting and services shall be considered to be a serve subscribers outside the borrower’s recordkeeping requirements, Rural participant in the State’s local exchange service area (7 CFR areas, Telephone. telecommunication modernization plan 1735.17, Facilities Financed). The so long as the loan funds are not used For the reasons set forth in the Telecommunications Act of 1996, in a manner that, in the opinion of the preamble, 7 CFR chapter XVII is however, made the term ‘‘basic local Administrator, is inconsistent with the proposed to be amended as follows: exchange service’’ obsolete. The law borrower achieving the goals set forth in mandates that universally available and PART 1735ÐGENERAL POLICIES, the plan. affordable telecommunications services, TYPES OF LOANS, LOAN * * * * * including access to advanced services, REQUIREMENTSÐ 4. Amend § 1735.12 by: be made available to all US citizens— TELECOMMUNICATIONS PROGRAM A. Revising paragraph (c) introductory whether in rural areas or city centers, text; and affluent or poor communities. RUS The authority citation for part 1735 is B. Adding new paragraphs (d) and (e). supports this mandate and the goal that, revised to read as follows: The revision and addition read as with the assistance of advanced Authority: 7 U.S.C. 901 et seq., 1921 et follows: telecommunications technology, rural seq., and 6941 et seq. citizens be provided the same economic, § 1735.12 Nonduplication. educational, and health care benefits 2. In § 1735.2, the following * * * * * available in the larger metropolitan definitions are added in alphabetical (c) RUS shall consider the following areas. RUS believes that the most order to read as follows: criteria for any wireline local exchange expeditious way to bring the full range § 1735.2 Definitions. service or similar fixed-station voice of telephone services to rural areas is to service in determining whether such * * * * * make certain providers of services, in service is reasonably adequate: Mobile telecommunications service addition to providers of local exchange * * * * * services, eligible for RUS financing. means the transmission of a radio communication voice service between (d) RUS shall consider the following Mobile telecommunications services are criteria for any of mobile included among the telephone services mobile and land or fixed stations, or between mobile stations. telecommunications service in financeable under the Rural determining whether such service is Electrification Act (RE Act) and * * * * * reasonably adequate: contemplated in the Public switched network means any (1) The extent to which area coverage Telecommunication Act of 1996. Mobile common carrier switched network, is being provided as described in 7 CFR telecommunications service is whether by wire or radio, including 1735.11. fundamentally different from wireline local exchange carriers, interexchange (2) Clear and reliable call service and RUS believes that, in carriers, and mobile transmission is provided with sufficient addition to wireline service, mobile telecommunications service providers, channel availability. telecommunications services should be that use the North American Numbering (3) The mobile telecommunications made available in all rural areas. Plan in connection with the provision of service signal strength is at least— Therefore, RUS is deleting its switched services. 85dBm (decibels expressed in requirement that all borrowers provide RUS means the Rural Utilities miliwatts). local exchange service. Since mobile Service, an agency of the United States (4) The mobile telecommunications telecommunications services do not and Department of Agriculture, successor to service is interconnected with the cannot serve the same function as the Rural Electrification Administration. public switched network. contemplated in state * * * * * (5) Mobile 911 service is available to telecommunications modernization 3. Amend § 1735.10 by: all subscribers, when requested by the

VerDate 272000 18:38 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\11FEP1.SGM pfrm11 PsN: 11FEP1 6924 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules local government entity responsible for public comment on a proposed Section 106 contains an explicit this service. exception to the anti-tying restrictions exception (the ‘‘statutory traditional (6) No Federal or State regulatory of section 106 of the Bank Holding bank product exception’’) that permits a commission having jurisdiction has Company Act Amendments of 1970 and bank to tie a product or service to a determined that the quality, availability, the Board’s Regulation Y. The proposed loan, discount, deposit, or trust service or reliability of the service provided is amendment would establish a ‘‘safe (‘‘a traditional bank product’’) offered by inadequate. harbor’’ permitting a bank to offer a that bank. The Board has extended this (7) Mobile telecommunications credit card that can be used to make exception by providing that a bank may service is not provided at rates which purchases from a retailer affiliated with condition the availability of, or vary the render the service unaffordable to a the bank. consideration for, any product or service majority of the rural persons. DATES: Comments must be received by on the condition that the customer (8) Any other criteria the March 13, 2000. obtain a traditional bank product from Administrator determines to be ADDRESSES: Comments should refer to an affiliate of the bank (the ‘‘regulatory applicable to the particular case. 1 (e) RUS does not consider mobile Docket No. R–1060, and may be mailed traditional bank product exception’’). telecommunications service facilities a to Ms. Jennifer J. Johnson, Secretary, The Board adopted the regulatory duplication of existing wireline local Board of Governors of the Federal traditional bank product exception in its exchange service or similar fixed-station Reserve System, 20th Street and present form because inter-affiliate voice facilities. RUS may finance mobile Constitution Avenue, NW, Washington, transactions do not appear to pose any telecommunications systems designed DC 20551. Comments also may be greater risk of anti-competitive behavior to provide eligible services in rural areas delivered to Room B–2222 of the Eccles than intra-bank transactions, and under the Rural Electrification Act even Building between 8:45 a.m. and 5:15 because Congress had extended the though the services provided by the p.m. weekdays or delivered to the guard statutory traditional bank product system may incidentally overlap station in the Eccles Building Courtyard exception to cover inter-affiliate services of existing mobile on 20th Street, NW (between transactions for savings associations and telecommunications providers. Constitution Avenue and C Street, NW) their affiliates.2 5. Amend § 1735.14 by: at any time. All comments received at Section 106 authorizes the Board to A. Removing paragraph (c)(1); the above address will be available for grant exceptions to its restrictions by B. Redesignating paragraphs (c)(2) and inspection and copying by any member regulation or order. On December 7, (c)(3) as (c)(1) and (c)(2), respectively; of the public in the Freedom of 1999, the General Counsel of the Board Information Office, Room MP–500 of the and issued a legal interpretation indicating C. Adding paragraph (d). Martin Building, between 9:00 a.m. and the Board’s view that section 106 does The addition reads as follows: 5:00 p.m. weekdays, except as provided not prohibit a credit card bank from in § 261.14 of the Board’s Rules § 1735.14 Borrower eligibility. issuing a credit card that may be used Regarding the Availability of to make purchases from a retailer * * * * * Information (12 CFR 261.14). (d) Generally, RUS will not make a affiliated with the credit card bank loan to another entity to provide the FOR FURTHER INFORMATION CONTACT: (‘‘private-label credit card’’).3 The same telecommunications service in an Scott G. Alvarez, Associate General Interpretation did not address the area served by an existing RUS Counsel (202/452–3583), or Andrew S. situation where a bank or its retailer telecommunications borrower providing Baer, Attorney (202/452–2246), Legal affiliate offer discounts on their such service. Division. Users of Telecommunication respective products in connection with Device for Deaf (TTD) only, contact a private-label credit card arrangement, § 1735.17 [Amended] Diane Jenkins at (202) 452–3544. as that situation was not presented by 6. Amend § 1735.17 by: SUPPLEMENTARY INFORMATION: the request for an interpretation. The A. Removing paragraph (c)(3); and Background proposed exception also does not cover B. Redesignating paragraphs (c)(4) and that situation. (c)(5) as (c)(3) and (c)(4), respectively. Section 106(b) of the Bank Holding Dated: February 2, 2000. Company Act Amendments of 1970 (12 Proposed Rule U.S.C. 1972) generally prohibits a bank Jill Long Thompson, The Board is proposing to use its from tying the availability or price of a Under Secretary, Rural Development. statutory authority to grant a regulatory product or service to the purchase by a [FR Doc. 00–3040 Filed 2–10–00; 8:45 am] exemption to section 106 for private- customer of another product or service BILLING CODE 3410±15±P label credit cards that may be used at a offered by the bank or any of its retailer affiliated with the issuing bank. affiliates. A bank engages in a tie for purposes of section 106 by conditioning The Board is proposing the exception in FEDERAL RESERVE SYSTEM the availability of, or offering a discount order to disseminate the Board’s view, as reflected in the Interpretation, that 12 CFR Part 225 on, one product or service (the ‘‘tying product’’) on the condition that the such arrangements are not as a general [Regulation Y; Docket No. R±1060] customer obtain some additional matter anticompetitive, and to create a product or service (the ‘‘tied product’’) rule of more general applicability not Revisions Regarding Tying from the bank or from any of its limited to the facts on which the Restrictions affiliates. Violations of section 106 can Interpretation was based. AGENCY: Board of Governors of the be addressed by the Board through an Federal Reserve System. enforcement action, by the Department 1 See 12 CFR 225.7(b)(1). of Justice through a request for an 2 See 62 FR 9289, 9314 (February 18, 1997), and ACTION: Notice of proposed rulemaking. 12 U.S.C. 1464(q)(1)(A). injunction, or by a customer or other 3 See Letter from J. Virgil Mattingly, Jr., to SUMMARY: The Board of Governors of the party through an action for damages. 12 William S. Eckland, Esq., dated December 7, 1999 Federal Reserve System is seeking U.S.C. 1972, 1973, and 1975. (the ‘‘Interpretation’’).

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Applicability of Section 106 For these reasons, the Board is PART 225ÐBANK HOLDING proposing to establish, through a COMPANIES AND CHANGE IN BANK Because section 106 prohibits a bank regulatory exception, a safe harbor for CONTROL (REGULATION Y) from offering or discounting a product private-label credit card arrangements 1. The authority citation for part 225 or service on the condition that the where such cards may only be used to continues to read as follows: customer obtain some additional make purchases from a retailer affiliate product or service from the bank or from of the issuing bank. The proposed safe Authority: 12 U.S.C. 1817(j)(13), 1818, any of its affiliates, the question arose as harbor is consistent with the concerns of 1828(o), 1831i, 1831p–1, 1843(c)(8), 1844(b), to whether a private-label credit card 1972(1), 3106, 3108, 3310, 3331–3351, 3907, section 106 about anticompetitive arrangement violates that restriction and 3909. when credit is extended only when a behavior. The proposal requires that the products or services be available for 2. In § 225.7, a new paragraph (b)(4) customer makes a purchase from a is added to read as follows: retailer affiliated with the issuing bank. purchase at the same price by means Although the extension of credit other than the private-label credit card, § 225.7 Exceptions to tying restrictions. through the private-label credit card is such as cash or credit cards issued by (b) * * * not conditioned on any particular a third party. Furthermore, the issuing (4) Safe harbor for retailer-affiliated product being purchased, or on bank may not discount the credit it credit card banks. Issue credit cards that purchases being made from any offers through the private-label credit may be used to purchase products or particular retailer, the lack of a network card to customers who use the card to services from a retailer affiliated with with other retailers limits the ability of make purchases at the bank’s retailer the bank, if: the customer to access that credit other affiliate. Because a customer could (i) The products or services may be than by purchasing a product or service purchase any product or service from purchased from the retailer affiliate from the affiliated retailer. In the the retailer for the same price, regardless using other payment methods, including private-label credit card arrangement of the payment method, the only credit cards issued by other banks; described in the Interpretation, there is incentive for the customer to use the (ii) The bank does not discount the no contractual limitation on where the private-label credit card is the credit it offers through the credit card to card can be used to make purchases. convenience it offers as an alternative customers of its retailer affiliate; and The reason why the private-label credit source of credit for use in making (iii) The retailer affiliate of the bank card can only be used at the affiliated purchases from the retailer affiliate. For does not discount its products or retailer is that the retailer is the only this reason, the Board does not believe services when purchased using credit merchant able to communicate with the that the proposed rule would allow cards issued by the bank. issuing bank regarding whether credit coercive or anticompetitive practices, or * * * * * should be extended on the card. otherwise contravene the purposes of By order of the Board of Governors of the Exception section 106. Federal Reserve System, February 7, 2000. Finally, the Board believes that the Jennifer J. Johnson, The Interpretation reflects the Board’s proposed rule would benefit the public Secretary of the Board. belief that private-label credit cards by providing consumers with alternative [FR Doc. 00–3162 Filed 2–10–00; 8:45 am] issued by a bank affiliated with the sources of consumer credit. BILLING CODE 6210±01±P relevant retailer do not generally involve the type of anticompetitive Paperwork Reduction Act activity that section 106 was intended to DEPARTMENT OF TRANSPORTATION address. Section 106 was intended to No collections of information prevent banks from using their market pursuant to section 3504(h) of the Federal Aviation Administration power in banking products to gain an Paperwork Reduction Act (44 U.S.C. unfair competitive advantage in markets 3501 et seq.) are contained in the 14 CFR Part 39 for non-banking products and services. proposed rule. The type of private-label credit card [Docket No. 99±SW±05±AD] arrangements described in the Regulatory Flexibility Act Airworthiness Directives; Eurocopter Interpretation do not raise such This proposal is not expected to have Deutschland GmbH (Eurocopter) concerns, however, because they do not a significant economic impact on a Model EC 135 Helicopters involve a banking organization’s attempt substantial number of small business to expand into retailing, but rather a entities within the meaning of the AGENCY: Federal Aviation retailer’s attempt to provide an Regulatory Flexibility Act (5 U.S.C. 601 Administration, DOT. additional convenience for its et seq.). It is intended to allow affected ACTION: Notice of proposed rulemaking customers. Additionally, because the businesses to expand the services they (NPRM). same products and services can be may offer to customers. purchased from the retailer for the same SUMMARY: This document proposes the price using payment methods other than List of Subjects in 12 CFR Part 225 adoption of a new airworthiness the private-label credit card, customers directive (AD) that is applicable to wishing to purchase those products and Administrative practice and Eurocopter Model EC 135 helicopters. services are not coerced into using the procedure, Banks, Banking, Federal This proposal would require replacing a private-label credit card. The Reserve System, Holding companies, certain oil cooler fan splined drive shaft Interpretation also noted that such Reporting and recordkeeping (shaft) with a different airworthy shaft transactions are driven by the requirements, Securities. and re-identifying the part numbers on customer’s desire to purchase the For the reasons set forth in the the oil cooler fans. This proposal is product or service, not by the preamble, the Board amends 12 CFR prompted by two incidents in which the availability or nonavailability of credit Part 225 as follows: shaft broke. The actions specified by the from the affiliated bank. proposed AD are intended to prevent

VerDate 272000 16:06 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\11FEP1.SGM pfrm08 PsN: 11FEP1 6926 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules failure of the shaft, loss of oil cooling, Meacham Blvd., Room 663, Fort Worth, $60 per work hour. The manufacturer and a subsequent engine shutdown Texas 76137. has stated in Alert Service Bulletin EC during flight. 135–79A–001, dated January 23, 1998, Discussion DATES: Comments must be received on that required parts would be provided at The Luftfahrt-Bundesamt (LBA), or before April 11, 2000. no cost. Based on these figures, the total which is the airworthiness authority for cost impact of the proposed AD on U.S. ADDRESSES: Submit comments in the Federal Republic of Germany, operators is estimated to be $2,160 to triplicate to the Federal Aviation notified the FAA that an unsafe accomplish the proposed actions on all Administration (FAA), Office of the condition may exist on Eurocopter the U.S. fleet. Regional Counsel, Southwest Region, Model EC 135 helicopters. The LBA The regulations proposed herein Attention: Rules Docket No. 99–SW–05– advises that breakage of fan drive shafts, AD, 2601 Meacham Blvd., Room 663, would not have a substantial direct which occurred on two helicopters, effect on the States, on the relationship Fort Worth, Texas. Comments may be resulted in failure of the fan and inspected at this location between 9:00 between the national Government and reduced oil cooling. the States, or on the distribution of a.m. and 3:00 p.m., Monday through Eurocopter has issued Eurocopter power and responsibilities among the Friday, except Federal holidays. Alert Service Bulletin No. EC 135–79A– various levels of government. Therefore, 001, dated January 23, 1998 (ASB), FOR FURTHER INFORMATION CONTACT: it is determined that this proposal Shep Blackman, Aerospace Engineer, which specifies replacing the ‘‘shafts with spline’’ with new reinforced shafts. would not have federalism implications FAA, Rotorcraft Directorate, Rotorcraft under Executive Order 13132. Standards Staff, 2601 Meacham Blvd., The LBA classified this ASB as mandatory and issued AD No. 1998– For the reasons discussed above, I Fort Worth, Texas 76137, telephone certify that this proposed regulation: (1) (817) 222–5125, fax (817) 222–5961. 109, dated February 26, 1998, in order to assure the continued airworthiness of Is not a ‘‘significant regulatory action’’ SUPPLEMENTARY INFORMATION: these helicopters in the Federal under Executive Order 12866; (2) is not Comments Invited Republic of Germany. a ‘‘significant rule’’ under the DOT This helicopter model is Regulatory Policies and Procedures (44 Interested persons are invited to manufactured in the Federal Republic of FR 11034, February 26, 1979); and (3) if participate in the making of the Germany and is type certificated for promulgated, will not have a significant proposed rule by submitting such operation in the United States under the economic impact, positive or negative, written data, views, or arguments as provisions of section 21.29 of the on a substantial number of small entities they may desire. Communications Federal Aviation Regulations (14 CFR under the criteria of the Regulatory should identify the Rules Docket 21.29) and the applicable bilateral Flexibility Act. A copy of the draft number and be submitted in triplicate to airworthiness agreement. Pursuant to regulatory evaluation prepared for this the address specified above. All this bilateral airworthiness agreement, action is contained in the Rules Docket. communications received on or before the LBA has kept the FAA informed of A copy of it may be obtained by the closing date for comments, specified the situation described above. The FAA contacting the Rules Docket at the above, will be considered before taking has examined the findings of the LBA, location provided under the caption action on the proposed rule. The reviewed all available information, and ADDRESSES. proposals contained in this notice may determined that AD action is necessary List of Subjects in 14 CFR Part 39 be changed in light of the comments for products of this type design that are received. certificated for operation in the United Air transportation, Aircraft, Aviation Comments are specifically invited on States. safety, Safety. the overall regulatory, economic, Since an unsafe condition has been The Proposed Amendment environmental, and energy aspects of identified that is likely to exist or the proposed rule. All comments develop on other Eurocopter Model EC Accordingly, pursuant to the submitted will be available, both before 135 helicopters of the same type design authority delegated to me by the and after the closing date for comments, registered in the United States, the Administrator, the Federal Aviation in the Rules Docket for examination by proposed AD would require replacing Administration proposes to amend part interested persons. A report each shaft, part number (P/N) L 39 of the Federal Aviation Regulations summarizing each FAA-public contact 792M3004 225, with an airworthy shaft, (14 CFR part 39) as follows: concerned with the substance of this P/N L 792M3004 235; re-identifying the proposal will be filed in the Rules left oil cooler fan, P/N L792M3004 102 PART 39ÐAIRWORTHINESS Docket. with P/N L 792M3004 103, and right oil DIRECTIVES Commenters wishing the FAA to cooler fan, P/N L792M3005 102 with P/ acknowledge receipt of their comments N L 792M3005 103, and reflecting these 1. The authority citation for part 39 submitted in response to this notice changes in the gearbox component continues to read as follows: must submit a self-addressed, stamped history card or equivalent record. Authority: 49 U.S.C. 106(g), 40113, 44701. postcard on which the following Replacing, re-identifying, and recording § 39.13 [Amended] statement is made: ‘‘Comments to these changes would be considered Docket No. 99–SW–05–AD.’’ The terminating actions for the requirements 2. Section 39.13 is amended by postcard will be date stamped and of this AD. adding a new airworthiness directive to returned to the commenter. The FAA estimates that 9 helicopters read as follows: of U.S. registry would be affected by this Availability of NPRMs Eurocopter Deutschland GmbH: Docket No. proposed AD, that it would take 99–SW–05–AD. Any person may obtain a copy of this approximately 4 work hours per Applicability: Model EC 135 helicopters, NPRM by submitting a request to the helicopter to replace and re-identify the serial numbers 0005 through 0071, FAA, Office of the Regional Counsel, affected parts and record these actions certificated in any category. Southwest Region, Attention: Rules in the gearbox history card or equivalent Note 1: This AD applies to each helicopter Docket No. 99–SW–05–AD, 2601 record, and that the average labor rate is identified in the preceding applicability

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This information provided in paragraph (e) to request approval BILLING CODE 4910±13±U may be examined at the FAA, Office of from the FAA. This approval may address the Regional Counsel, Southwest either no action, if the current configuration Region, 2601 Meacham Blvd., Room eliminates the unsafe condition, or different DEPARTMENT OF TRANSPORTATION 663, Fort Worth, Texas. actions necessary to address the unsafe condition described in this AD. Such a Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Jim request should include an assessment of the Grigg, Aerospace Engineer, FAA, effect of the changed configuration on the 14 CFR Part 39 Rotorcraft Directorate, ASW–111, 2601 unsafe condition addressed by this AD. In no Meacham Blvd., Fort Worth, Texas case does the presence of any modification, [Docket No. 99±SW±39±AD] 76137, telephone (817) 222–5490, fax alteration, or repair remove any helicopter (817) 222–5961. from the applicability of this AD. Airworthiness Directives; Eurocopter Compliance: Required within 50 hours France Model AS±350B, BA, B1, B2, SUPPLEMENTARY INFORMATION: time-in-service, unless accomplished and D, and Model AS±355E, F, F1, F2, previously. and N Helicopters Comments Invited To prevent failure of an oil cooler fan splined drive shaft (shaft), loss of oil cooling, AGENCY: Federal Aviation Interested persons are invited to and a subsequent engine shutdown during Administration, DOT. participate in the making of the flight, accomplish the following: ACTION: Notice of proposed rulemaking proposed rule by submitting such (a) Replace each shaft, part number (P/N) (NPRM). written data, views, or arguments as L 792M3004 225, with an airworthy shaft, P/ they may desire. Communications N L 792M3004 235. SUMMARY: This document proposes the should identify the Rules Docket (b) Re-identify the P/N on each oil cooler supersedure of an existing airworthiness number and be submitted in triplicate to fan (fan) using a rubber stamp or smudge- directive (AD), applicable to Eurocopter the address specified above. All proof paint or equivalent as follows: France Model AS–350B, BA, B1, B2, communications received on or before (1) On the left fan, change the P/N from L and D, and Model AS–355E, F, F1, F2, 792M3004 102 to L 792M3004 103. the closing date for comments, specified and N helicopters, that currently (2) On the right fan, change the P/N from above, will be considered before taking L 792M3005 102 to L 792M3005 103. requires inspecting the main gearbox action on the proposed rule. The (c) Change the P/N on the gearbox suspension bi-directional cross-beam proposals contained in this notice may component history card or equivalent record (cross-beam) for cracks, and replacing be changed in light of the comments to reflect the revised part numbers. the cross-beam if a crack is found. This received. action would require the same Note 2: Eurocopter Alert Service Bulletin Comments are specifically invited on No. EC 135–79A–001, dated January 23, inspections as the existing AD but the overall regulatory, economic, 1998, pertains to the subject of this AD. would add the time intervals for environmental, and energy aspects of (d) Replacing the shaft, re-identifying the performing repetitive dye-penetrant the proposed rule. All comments fans, and recording this on the gearbox inspections on cross-beams with 5,000 component history card or equivalent record or more hours time-in-service (TIS). submitted will be available, both before constitute terminating actions for the This proposal is prompted by the and after the closing date for comments, requirements of this AD. discovery that time intervals for in the Rules Docket for examination by (e) An alternative method of compliance or performing the required dye-penetrant interested persons. A report adjustment of the compliance time that inspections are not included in the summarizing each FAA-public contact provides an acceptable level of safety may be existing AD. The actions specified by concerned with the substance of this used if approved by the Manager, Regulations the proposed AD are intended to proposal will be filed in the Rules Group, Rotorcraft Directorate, FAA. Docket. Operators shall submit their requests through prevent failure of the cross-beam that an FAA Principal Maintenance Inspector, could cause the main gearbox to pivot Commenters wishing the FAA to who may concur or comment and then send resulting in severe vibrations and a acknowledge receipt of their comments it to the Manager, Regulations Group. subsequent forced landing. submitted in response to this notice Note 3: Information concerning the DATES: Comments must be received on must submit a self-addressed, stamped existence of approved alternative methods of or before April 11, 2000. postcard on which the following compliance with this AD, if any, may be ADDRESSES: Submit comments in statement is made: ‘‘Comments to obtained from the Regulations Group. triplicate to the Federal Aviation Docket No. 99–SW–39–AD.’’ The (f) Special flight permits may be issued in Administration (FAA), Office of the postcard will be date stamped and accordance with sections 21.197 and 21.199 Regional Counsel, Southwest Region, returned to the commenter. of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the helicopter Attention: Rules Docket No. 99–SW–39– Availability of NPRMs to a location where the requirements of this AD, 2601 Meacham Blvd., Room 663, AD can be accomplished. Fort Worth, Texas 76137. Comments Any person may obtain a copy of this Note 4: The subject of this AD is addressed may be inspected at this location NPRM by submitting a request to the in Luftfahrt-Bundesamt (Federal Republic of between 9:00 a.m. and 3:00 p.m., FAA, Office of the Regional Counsel, Germany) AD No. 1998–109, dated February Monday through Friday, except Federal Southwest Region, Attention: Rules 26, 1998. holidays. Docket No. 99–SW–39–AD, 2601

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Meacham Blvd., Room 663, Fort Worth, inspections per helicopter and to Note 1: This AD applies to each helicopter Texas 76137. replace the cross-beam on all 454 identified in the preceding applicability helicopters. provision, regardless of whether it has been Discussion The regulations proposed herein otherwise modified, altered, or repaired in On June 19, 1998, the FAA issued AD would not have a substantial direct the area subject to the requirements of this 98–14–01, Amendment 39–10635 (63 effect on the States, on the relationship AD. For helicopters that have been modified, FR 35128, June 29, 1998), to require between the national Government and altered, or repaired so that the performance visual and dye-penetrant inspections of the States, or on the distribution of of the requirements of this AD is affected, the the cross-beam for cracks and power and responsibilities among the owner/operator must request approval for an replacement with an airworthy cross- various levels of government. Therefore, alternative method of compliance in beam if a crack is found. That action it is determined that this proposal accordance with paragraph (e) of this AD. was prompted by several reports of would not have federalism implications The request should include an assessment of cracks in the cross-beam. The under Executive Order 13132. the effect of the modification, alteration, or requirements of that AD are intended to For the reasons discussed above, I repair on the unsafe condition addressed by provide a terminating action to prevent certify that this proposed regulation: (1) this AD; and if the unsafe condition has not failure of the cross-beam that could Is not a ‘‘significant regulatory action’’ been eliminated, the request should include cause the main gearbox to pivot under Executive Order 12866; (2) is not specific proposed actions to address it. resulting in severe vibrations and a a ‘‘significant rule’’ under the DOT Compliance: Required as indicated, unless subsequent forced landing. Regulatory Policies and Procedures (44 accomplished previously. Since the issuance of that AD, the FR 11034, February 26, 1979); and (3) if To prevent failure of the cross-beam that FAA has discovered that the time promulgated, will not have a significant could lead to rotation of the main gearbox intervals for performing the required economic impact, positive or negative, resulting in severe vibrations and a repetitive dye-penetrant inspections on on a substantial number of small entities subsequent forced landing, accomplish the cross-beams with 5,000 or more hours under the criteria of the Regulatory following: TIS were not included. The initial dye- Flexibility Act. A copy of the draft (a) For cross-beams having 2,000 or more penetrant inspection for cracks must be regulatory evaluation prepared for this hours time-in-service (TIS) or 10,000 or more performed when the cross-beams attain action is contained in the Rules Docket. operating cycles, whichever occurs first: 5,000 hours TIS or 2,750 cycles, A copy of it may be obtained by Note 2: The Master Service whichever occurs first. Thereafter, contacting the Rules Docket at the Recommendations and the flight log contain repetitive dye-penetrant inspections for location provided under the caption accepted procedures that are used to cracks must be performed at intervals ADDRESSES. determine the cumulative operating cycles on not to exceed 550 hours TIS or 2,750 the rotorcraft. operating cycles, whichever occurs first. List of Subjects in 14 CFR Part 39 Since an unsafe condition has been Air transportation, Aircraft, Aviation (1) Within 30 hours TIS, and thereafter at identified that is likely to exist or safety, Safety. intervals not to exceed 30 hours TIS or 150 develop on other Eurocopter France operating cycles, whichever occurs first, The Proposed Amendment Model AS–350B, BA, B1, B2, and D, and visually inspect the cross-beam for cracks in Model AS–355E, F, F1, F2, and N Accordingly, pursuant to the accordance with paragraph 2.B.1 of helicopters of the same type design, the authority delegated to me by the Eurocopter France Service Bulletin No. proposed AD would supersede AD 98– Administrator, the Federal Aviation 05.00.28, applicable to Model AS–350 helicopters, or Eurocopter France Service 14–01 to require, at specified time Administration proposes to amend part Bulletin No. 05.00.29, applicable to Model intervals or cycles, repetitive visual and 39 of the Federal Aviation Regulations AS–355 helicopters, both dated May 26, dye-penetrant inspections of the cross- (14 CFR part 39) as follows: 1997. beam for cracks, and replacing, if (2) If a crack is found remove the cross- necessary, the cross-beam with an PART 39ÐAIRWORTHINESS DIRECTIVES beam and replace it with an airworthy cross- airworthy cross-beam. beam. The FAA estimates that 454 1. The authority citation for part 39 (b) For cross-beams having 5,000 or more helicopters of U.S. registry would be continues to read as follows: hours TIS: affected by this proposed AD; that it Authority: 49 U.S.C. 106(g), 40113, 44701. (1) In addition to continuing the repetitive would take approximately 0.5 work inspections of paragraph (a)(1), before further hour per helicopter to accomplish each § 39.13 [Amended] flight, and thereafter at intervals not to visual inspection, with an estimated 2. Section 39.13 is amended by exceed 550 hours TIS or 2,750 operating average of 150 visual inspections per removing Amendment 39–10635 (63 FR cycles, whichever occurs first, perform a dye- helicopter, 3 work hours per helicopter 35128, June 29, 1998) and by adding a penetrant inspection in accordance with to accomplish a dye-penetrant new airworthiness directive (AD) to paragraph 2.B.2) of Eurocopter France inspection, with an estimated average of read as follows: Service Bulletin No. 05.00.28, applicable to 3 dye-penetrant inspections per Model AS–350 helicopters, or Eurocopter helicopter, and 6 work hours per Eurocopter France: Docket No. 99–SW–39– AD. Supersedes AD 98–14–01, Service Bulletin No. 05.00.29, applicable to helicopter to replace the cross-beam, if Amendment 39–10635, Docket No. 97– Model AS–355 helicopters, both dated May necessary; and that the average labor SW–25–AD. 26, 1996. rate is $60 per work hour. Parts would Applicability: Model AS–350B, BA, B1, B2, (2) If a crack is found remove the cross- cost approximately $6,000 per cross- and D, and Model AS–355E, F, F1, F2, and beam and replace it with an airworthy cross- beam. Based on these figures, the total N helicopters, with main gearbox suspension beam. cost impact of the proposed AD on U.S. bi-directional cross-beam (cross-beam), part (c) Prior to installing any replacement operators is estimated to be $5,175,600 number (P/N) 350A38–1018–all dash cross-beams, regardless of TIS or operating to perform 150 visual inspections and numbers, installed, certificated in any cycles, inspect the replacement cross-beam in an average of 3 dye-penetrant category. accordance with paragraph (b)(1) of this AD.

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(d) Modifying the helicopter in accordance consistent with current medical must be the result of any medically with paragraph 2.B of the Accomplishment practice. determinable physical or mental Instructions in Eurocopter Service Bulletin These proposed revisions are impairment(s) that can be expected to No. 63.00.07, applicable to Model AS–350B, technical changes that are intended to result in death or that has lasted or can BA, B1, B2, and D helicopters, or Eurocopter clarify or modify current language to Service Bulletin No. 63.00.13, applicable to be expected to last for a continuous Model AS–355E, F, F1, F2, and N improve understanding and usability. period of at least 12 months. helicopters, both dated April 7, 1997, They are not intended to be a comprehensive update of the listings. The process for determining whether constitutes terminating action for the an individual (except for an individual requirements of this AD. DATES: To be sure that your comments under age 18 claiming SSI benefits (e) An alternative method of compliance or are considered, we must receive them based on disability) is disabled based on adjustment of the compliance time that no later than April 11, 2000. provides an acceptable level of safety may be the statutory definition is set forth in ADDRESSES: Comments should be used if approved by the Manager, Regulations our longstanding regulations at Group, FAA, Rotorcraft Directorate. submitted in writing to the §§ 404.1520 and 416.920. These Commissioner of Social Security, P.O. Operators shall submit their requests through regulations provide for a sequential Box 17703, Baltimore, MD 21235–7703, an FAA Principal Maintenance Inspector, evaluation process for evaluating sent by telefax to (410) 966–2830, sent who may concur or comment and then send disability. There is a separate sequential it to the Manager, Regulations Group. by e-mail to ‘‘[email protected]’’, or evaluation process described in Note 3: Information concerning the delivered to the Office of Process and Innovation Management, Social Security regulations at § 416.924 for individuals existence of approved alternative methods of under age 18 claiming SSI benefits compliance with this AD, if any, may be Administration, L2109 West Low Rise based on disability. At step 3 of both obtained from the Regulations Group. Building, 6401 Security Boulevard, sequential evaluation processes we ask (f) Special flight permits may be issued in Baltimore, MD 21235–6401, between 8:00 a.m. and 4:30 p.m. on regular the same question: Whether an accordance with sections 21.197 and 21.199 individual who is not engaging in of the Federal Aviation Regulations (14 CFR business days. Comments may be 21.197 and 21.199) to operate the helicopter inspected during these hours by making substantial gainful activity and who has to a location where the requirements of this arrangements with the contact person an impairment(s) that is severe, has an AD can be accomplished. shown below. impairment(s) that meets or equals in severity the criteria of an impairment Note 4: The subject of this AD is addressed FOR FURTHER INFORMATION CONTACT: in Direction Generale De L’Aviation Civile Carolyn Kiefer, Social Insurance listed in appendix 1 of subpart P of part (France) AD 96–156–071(B)R1 and AD 96– Specialist, Office of Disability, Social 404, the listings. The listings describe, 155–053(B)R1, both dated June 4, 1997. Security Administration, 3–B–9 for each of the major body systems, Operations Building, 6401 Security impairments that are considered severe Issued in Fort Worth, Texas, on February enough to prevent a person from doing 4, 2000. Boulevard, Baltimore, Maryland 21235– 6401, (410) 965–9104 or TTY (410) 966– any gainful activity (or in the case of a Eric Bries, 5609. child under age 18 claiming SSI benefits Acting Manager, Rotorcraft Directorate, based on disability, to cause marked and SUPPLEMENTARY INFORMATION: Aircraft Certification Service. severe functional limitations). Although [FR Doc. 00–3225 Filed 2–10–00; 8:45 am] Background the listings are contained only in part BILLING CODE 4910±13±U Title II of the Act provides for the 404, they are referenced by subpart I of payment of disability insurance benefits part 416. to workers insured under the Act. Title The listings are divided into Part A SOCIAL SECURITY ADMINISTRATION II also provides, under certain and Part B. The criteria in Part A are circumstances, for the payment of applied in evaluating impairments of 20 CFR Parts 404 and 416 child’s insurance benefits for persons persons age 18 or over. The criteria in RIN 0960±AE99 who become disabled before age 22 and Part A may also be used to evaluate widow’s and widower’s insurance impairments in persons under age 18 if Technical Revisions to Medical Criteria benefits based on disability for widows, the disease processes have a similar for Determinations of Disability widowers, and surviving divorced effect on adults and children. In spouses of insured individuals. In evaluating disability for a person under AGENCY: Social Security Administration addition, title XVI of the Act provides age 18, we first use the criteria in Part (SSA). for Supplemental Security Income (SSI) B and, if the criteria in Part B do not ACTION: Proposed rules. payments to persons who are aged, apply, we use the criteria in Part A (see blind, or disabled and who have limited §§ 404.1525 and 416.925). SUMMARY: We are proposing to make a income and resources. number of technical revisions to the For adults under both the title II and These changes are not intended to be Listing of Impairments (the listings). We title XVI programs and for persons a comprehensive update and revision of use the listings to adjudicate claims for claiming child’s insurance benefits the listings. We continue to review each disability under titles II and XVI of the based on disability under the title II of the body system listings to determine Social Security Act (the Act) when we program, ‘‘disability’’ means that an appropriate revisions and updates of a evaluate claims of individuals at steps 3 impairment(s) results in an inability to more substantive nature. If we of our sequential evaluation processes engage in any substantial gainful determine that more substantive for adults and children. The proposed activity. For an individual under age 18 revisions are necessary, we will publish changes reflect advances in medical claiming SSI benefits based on a notice in the Federal Register knowledge, treatment, and terminology, disability, ‘‘disability’’ means that an describing those proposed revisions and clarify certain listing criteria, remove impairment(s) results in ‘‘marked and requesting public comments. Therefore, listings that we rarely use or that are severe functional limitations.’’ Under we are now requesting comments only redundant, and add new listings both title II and title XVI, disability on the specific technical changes we are

VerDate 272000 19:07 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\11FEP1.SGM pfrm11 PsN: 11FEP1 6930 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules proposing in this notice of proposed modern imaging technique than can be the loss of the peripheral field restricts rulemaking. gotten from X-ray cannot meet the the ability of an individual to move The following is a detailed summary listing; instead, we must find that the about freely. We propose to clarify this of the proposed revisions and our individual’s impairment medically section by stating that the extent of reasons for proposing these changes. equals the listing. The proposed changes impairment of sight should be would allow us to find that such determined by visual acuity and Explanation of Proposed Revisions individuals have impairments that meet peripheral field testing. Likewise, in We propose to revise the language these listings. We also made the 2.00A2, with the removal of the word throughout all listings regarding proposed phrase nonspecific to allow ‘‘central,’’ we also propose to revise the references to ‘‘X-ray(s),’’ roentgenograms for flexibility in the use of the use of the opening sentence to clarify that loss of (which is another word for X-rays), and listings should new medically visual acuity may result in impaired radiographic studies (which is another appropriate imaging techniques be distant and/or near vision (not ‘‘caused process similar to roentgenography), to developed in the future. by’’ impaired vision). include ‘‘other appropriate medically We are also proposing to add a brief Thus, we are proposing to remove the acceptable imaging’’ as satisfactory explanation in the prefaces of the word ‘‘central’’ from the following: medical evidence. The proposed musculoskeletal adult and childhood 2.00A1, 2.00A2, 2.00A5, 2.00A6, 2.02, changes occur in the following sections listings (in paragraphs 1.00B and Table No. 1 and its footnotes 2 and 3, and/or listings: 101.00B, respectively) to explain what 102.00A, and 102.02. Sections 1.00A, 1.00B and 1.00C of we mean by appropriate medically Also, we propose to further revise the preface to the musculoskeletal body acceptable imaging techniques, and to Table No. 1 by adding the word system and Listings 1.03, 1.04, 1.05, explain that we will not purchase such ‘‘acuity’’ to the first line of the chart, 1.08, 1.09, and 1.11; expensive tests as CAT scans or MRIs in ‘‘Percent visual acuity efficiency,’’ and Section 2.00B2 of the preface to the the course of obtaining documentation, also to the title, ‘‘Percentage of Visual special senses and speech body system; but we will consider the results of these Acuity Efficiency Corresponding to Section 4.00C3 of the preface to the tests if they are available. Visual Acuity Notations * * *’’. cardiovascular system; Additionally, we propose clarifying Section 5.00C of the preface to the 1.01 and 101.01 Category of Impairments, Musculoskeletal the language of Listing 2.04 by replacing digestive system and Listings 5.03, 5.04, the phrase ‘‘central visual efficiency’’ We are making a correction to Listing and 5.05; with the phrase ‘‘visual acuity Listing 6.02C1 of the genito-urinary 1.09 to move the word ‘‘of’’ to its proper efficiency.’’ system; placement following the parenthetical Listing 7.16A of the hemic and text that describes what we mean by We propose to revise 2.00B3 by lymphatic system; ‘‘Amputation or anatomical deformity.’’ removing the word ‘‘organic’’ from its Listing 9.03A of the endocrine system; The ‘‘of’’ is currently incorrectly placed title, removing the first sentence of the Listing 14.08M6 of the immune after the word ‘‘deformity,’’ and before section, and amending the second system; the explanatory parenthetical language. sentence to clarify that the ability to Section 100.00B of the preface to We are proposing to amend childhood produce speech by any means includes growth impairments; Listing 101.08, Chronic osteomyelitis, to the use of mechanical or electronic Listings 101.02A3 and 101.08 of the make it consistent with the language devices that improve voice or musculoskeletal system; and criteria of adult Listing 1.08, which articulation. Also in this section, we Listing 103.04B3 of the respiratory addresses osteomyelitis or septic propose to correct the reference to system; arthritis. Since the adult listing is more ‘‘neurologic’’ disorders by appropriately Section 104.00E of the preface to the complete and comprehensive, we are calling them ‘‘neurological’’ disorders. cardiovascular system; amending the childhood listing to be We propose to remove Listing 2.05, Section 105.00B of the preface to the consistent with the adult listing. Complete homonymous hemianopsia digestive system and Listings 105.05A (with or without macular sparing) and 105.05C; 2.00 and 102.00 Special Senses and because the language of 2.05 now Section 113.00B of the preface to the Speech directs that this disorder should be neoplastic diseases; and, We propose to revise the heading of evaluated under Listing 2.04. Since we Listing 114.08N6 of the immune 2.00A to read ‘‘Disorders of Vision’’ are not proposing to change Listing 2.04 system. because the term currently used, in any substantive way, we will still use We are proposing these changes to ‘‘Ophthalmology,’’ is most commonly this listing to evaluate complete recognize that there have been used to define the branch of medicine homonymous hemianopsia and there is significant advances in medical that deals with the anatomy, physiology, no need to retain the separate listing. imaging, such as (but not limited to) and pathology of the eye, whereas these We propose to revise Listing 2.09, computerized axial tomography (CAT listings, in fact, address visual Organic loss of speech, to remove the scan) and magnetic resonance imaging disorders. word ‘‘organic’’ because we believe that (MRI), and to increase the types of We propose to remove the word the cause of loss of speech (i.e., whether evidence that can be used to meet the ‘‘central’’ in referring to vision and it is or is not ‘‘organic’’) should be listings. Under §§ 404.1525 and 416.925 visual acuity throughout 2.00 and immaterial for purpose of applying this of our regulations, an individual’s 102.00 because it is redundant. ‘‘Central listing. We also propose to change the impairment ‘‘meets’’ the criteria of a vision’’ is medically synonymous with word ‘‘and’’ to ‘‘or’’ to clarify that the given listing only by showing the same ‘‘visual acuity.’’ We propose to revise inability to produce speech that can be findings that are required in the listing. 2.00A1 to explain that diseases or injury heard, understood, or sustained will Because of this, an individual who has of the eyes may result in loss of visual meet the listing, instead of the all of the findings required by a listing acuity or loss of the peripheral field. It requirement under the current language except X-ray evidence but who has the is the loss of visual acuity that results that all three of these factors be present. same or better information from a CAT in inability to distinguish detail and We believe that any one of these factors scan, MRI, or other medically acceptable prevents reading and fine work, while is sufficient to establish that an

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In the listing preface, we propose to impairment is Hidradenitis suppurative, The current language could be acne conglobata. revise some of the technical language misinterpreted to mean that, when an dealing with the requirements for individual has a medically determinable 9.01 Category of Impairments, spirometry calibration and testing for impairment that is not listed, or a Endocrine System diffusing capacity of the lungs for combination of impairments no one of We propose to revise Listing 9.02, carbon monoxide (DLCO) to comply which meets a listing, we will find that Thyroid Disorders, to remove paragraph with the standards of current medical his or her impairment is medically A, which refers to ‘‘Progressive practice. equivalent to a listing, or for children, exophthalmos as measured by In 3.00E and 103.00B, Documentation medically or functionally equivalent to of pulmonary function testing, we exophthalmometry,’’ because this a listing. Our intent has always been to complication now rarely occurs due to propose to revise the last sentence of the indicate only that we will consider third paragraph of each section to advances in treatment for thyroid whether the impairment or combination disease. explain that the testing device must of impairments is medically equivalent have a daily recorded calibration of (or for children medically or 11.00 and 111.00 Neurological volume units performed sometime prior functionally equivalent) to a listing. We are proposing changes in the to the pulmonary function study. This This is only a clarification of what we language that we currently use for revises the current requirement for have always intended by the language in epilepsy and its treatment throughout separate calibration tracings to be these sections. these listings to make our listing performed at the time each pulmonary language consistent with current function test is performed. We believe a 5.00 and 105.00 Digestive System medical terminology. For example, we single daily calibration of the testing As discussed above, we are proposing propose changing the term ‘‘convulsive device is sufficient to provide accurate to amend Listings 5.05A and 105.05C to disorders’’ in 11.00A to ‘‘epilepsy,’’ and pulmonary measurements for purposes allow for documentation of esophageal changing the references to of our listings. varices by X-rays, endoscopy, or other In 3.00F1, Diffusing capacity of the appropriate medically acceptable ‘‘anticonvulsive’’ treatment and drugs to lungs for carbon monoxide (DLCO), fifth imaging. This will allow for changes in ‘‘antiepileptic’’ treatment and drugs to paragraph, fourth and fifth sentences, medical technology over time and will reflect current medical terminology. In we are proposing the deletion of the eliminate the current unnecessary keeping with these changes in reference to the algorithm used to language differences in the parenthetical terminology, we are also proposing calculate test results and the language portion of these listings. changing the descriptions of the regarding ‘‘independent calculation of We propose to add a new listing to categories of epilepsy under Listings results.’’ We believe this algorithm no both the adult and childhood listings for 11.02 and 11.03 in Part A, and Listings longer needs to be provided in the the digestive system to address liver 111.02 and 111.03 in Part B. In place of documentation of DLCO since transplantation in keeping with our the term major motor seizures (11.02 adjudicators are not expected to other organ transplantation listings. For and 111.02) we are proposing recompute the test results. Rather, we adults, the new listing will be 5.09, ‘‘convulsive epilepsy,’’ and for the term are asking that the file include Liver transplant; for children, it will be minor motor seizures (11.03 and documentation of the source of the 105.09, Liver transplant. 111.03), we are proposing predicted equation to permit Also, we are correcting a ‘‘nonconvulsive epilepsy.’’ These terms adjudicators to verify that the test was typographical error in 5.00C. are in keeping with current medical performed adequately. terminology. 7.00 and 107.00 Hemic and Lymphatic We also propose to remove the 3.01 and 103.01 Category of System requirement for electroencephalogram Impairments, Respiratory System We propose to add T-cell (EEG) evidence to support the existence We propose to add a new listing lymphoblastic lymphoma to the of epilepsy throughout the neurological addressing lung transplants for both discussion of acute leukemia in sections listings with the exception of cases adults and children. Listing 3.11 for 7.00E and 107.00C as well as in Listings involving nonconvulsive epilepsy in adults and Listing 103.05 for children, 7.11 and 107.11. This disorder follows children. This is the only category of Lung transplant, is proposed to be the same course and requires the same epilepsy in which an EEG is the consistent with other organ transplant treatment as acute leukemia and is just definitive diagnostic tool; in all other listings and to provide that an as serious. By including this disorder in situations of epilepsy, it is rare for an individual undergoing a lung transplant the preface and as a listed impairment EEG to confirm the presence of a seizure will be considered under a disability for in both the adult and childhood listings, disorder. 12 months following the date of surgery we believe evaluation will be simplified We propose to amend the language of with evaluation of any residual by specifically directing adjudicators to Listing 111.02B3 by changing it from impairment thereafter. the criteria for evaluating this disease. ‘‘significant emotional disorder’’ to We propose to amend the reference to ‘‘significant mental disorder.’’ This 4.00 and 104.00 Cardiovascular bone marrow transplantation in Listing clarifies the nature of the impairment System 7.17, Aplastic anemias or hematologic identified, i.e., a defined mental In 4.00A, Introduction, fourth malignancies (excluding acute impairment, and is consistent with paragraph, second sentence, and leukemia), to ‘‘bone marrow or stem cell other listing terminology. 104.00A, Introduction, sixth paragraph, transplantation’’ to add the new medical We propose to remove Listing 11.15, second sentence, we propose to revise technique of stem cell transplantation Tabes dorsalis, because the availability the language to change the word ‘‘make’’ which is comparable to bone marrow of effective screening tests and to the word ‘‘consider’’ in the clause transplantation. treatment have markedly reduced the

VerDate 272000 16:06 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\11FEP1.SGM pfrm08 PsN: 11FEP1 6932 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules incidence of this disorder. With the language. In addition to your 20 CFR Part 416 capability to do early identification and substantive comments on these Administrative practice and treatment in cases of syphilis, the proposed rules, we invite your procedure, Aged, Blind, Disability disease that leads to Tabes dorsalis, we comments on how to make these benefits, Public assistance programs, believe this listing is no longer needed. proposed rules easier to understand. Reporting and recordkeeping With the proposal to remove Listing For example: • requirements, Supplemental Security 11.15, we are also proposing to remove Have we organized the material to Income. the reference to 11.15B currently in suit your needs? Listing 11.17A, which deals with • Are the requirements in these rules Dated: January 28, 2000. disorganization of motor function in clearly stated? Kenneth S. Apfel, degenerative diseases such as • Do the rules contain technical Commissioner of Social Security. Huntington’s chorea and Friedreich’s language or jargon that isn’t clear? For the reasons set forth in the ataxia. The disorganization of motor • Would a different format (grouping preamble, we are proposing to amend function described in Listing 11.04B and order of sections, use of headings, part 404, subpart P, and part 416, includes disturbances of gait as paragraphing) make these rules easier to subpart I of chapter III of title 20 of the described in 11.15B, so we believe that understand? Code of Federal Regulations as follows: the reference to 11.04B is sufficient to • Would more (but shorter) sections address the manifestations of the be better? PART 404ÐFEDERAL OLD-AGE, degenerative diseases covered by Listing • Could we improve clarity by adding SURVIVORS AND DISABILITY 11.17. tables, lists, or diagrams? INSURANCE (1950± ) • What else could we do to make 12.01 and 112.01 Category of these rules easier to understand? Subpart P [Amended] Impairments, Mental We are proposing to highlight a Electronic Versions 1. The authority citation for subpart P portion of the language in the capsule The electronic file of this document is of part 404 continues to read as follows: definition of Listing 12.05 by italicizing available on the internet at http:// Authority: Secs. 202, 205(a), (b), and (d)– it. Listing 12.05 deals with mental www.access.gpo.gov/suldocs/aces/ (h), 216(i), 221(a) and (i), 222(c), 223, 225, retardation and autism. Mental aces140.html. It is also available on the and 702(a)(5) of the Social Security Act (42 retardation is defined as a significantly internet site for SSA (i.e., ‘‘SSA U.S.C. 402, 405(a), (b), and (d)–(h), 416(i), subaverage general intellectual Online’’) at http://www.ssa.gov/. 421(a) and (i), 422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 functioning with deficits in adaptive Regulatory Procedures Stat. 2105, 2189. behavior initially manifested during the developmental period (before age 22). Executive Order 12866 Appendix 1 to Subpart P of Part 404Ð To draw the user’s attention to the We have consulted with the Office of [Amended] portion dealing with the time period for Management and Budget (OMB) and the manifestations of these deficits, we 2. Appendix 1 to subpart P of part 404 determined that these proposed is amended as follows: propose to italicize the text initially regulations do not meet the criteria for manifested during the developmental a. Section 1.00 in part A of appendix a significant regulatory action under 1 is amended: period (before age 22). Executive Order 12866. Thus, they were We are proposing to correct an error (1) By revising the last sentence of not subject to OMB review. in Listing 112.05F1 and 112.05F2. The paragraph A; (2) By revising the first sentence in word ‘‘limitations’’ should be Regulatory Flexibility Act the second paragraph of paragraph B; ‘‘limitation.’’ This is consistent with the We certify that these proposed (3) By adding a new eighth paragraph wording of the adult Listing 12.05C, regulations will not have a significant to paragraph B; and, ‘‘imposing additional and significant economic impact on a substantial (4) By revising paragraph C; work-related limitation of function.’’ number of small entities because they b. Section 1.03 in part A of appendix 13.01 Category of Impairments, affect only individuals. Thus, a 1, paragraph A is revised. Neoplastic Diseases—Malignant regulatory flexibility analysis as c. Section 1.04 in part A of appendix provided in the Regulatory Flexibility 1 is amended by revising the We propose to amend Listing 13.08, Act, as amended, is not required. introductory text. Thyroid gland, adding another criterion, d. Section 1.05 in part A of appendix ‘‘Anaplastic carcinoma of the thyroid.’’ Paperwork Reduction Act 1 is amended by revising the This would be designated as 13.08B, These proposed regulations will introductory text in paragraphs A and B. and the current listing language would impose no additional reporting or e. Section 1.08 in part A of appendix become 13.08A. Anaplastic carcinoma recordkeeping requirements requiring 1 is amended by revising the heading. of the thyroid is a distinct type of OMB clearance. f. Section 1.09 in part A of appendix carcinoma that can be specified as part 1 is amended by revising the heading. of this listing because it is of the same (Catalog of Federal Domestic Assistance g. Section 1.11 in part A of appendix level of severity as the current listing Program Nos. 96.001, Social Security- Disability Insurance; 96.006, Supplemental 1 is revised. and has a poor prognosis. We believe Security Income) h. Section 2.00 in part A of appendix that identifying it separately will assist 1 is amended: adjudicators in evaluating thyroid List of Subjects (1) By revising the heading of neoplasms. paragraph A; 20 CFR Part 404 (2) By revising paragraph A1, the first Clarity of These Proposed Rules Administrative practice and two sentences of paragraph A2, and Executive Order 12866 and the procedure, Blind, Disability benefits, paragraph A5; President’s memorandum of June 1, Old-Age, Survivors and Disability (3) By amending paragraph A6 to 1998, (63 F.R. 31885), require each Insurance, Reporting and recordkeeping remove the word ‘‘central’’ in the first, agency to write all rules in plain requirements, Social Security. fourth, fifth, and sixth sentences;

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(4) By revising the last sentence in the z. Section 8.06 in part A of appendix uu. Section 105.00 in part B of third paragraph of paragraph B2; 1, the heading is amended by revising appendix 1, is amended to revise the (5) By revising paragraph B3; ‘‘Hydradenitis’’ to read ‘‘Hidradenitis.’’ first sentence in paragraph B. (6) By amending Table No. 1 by aa. In section 9.02 in part A of vv. Section 105.05, paragraphs A and revising the heading to read, appendix 1, the word ‘‘With:’’ following C, in part B of appendix 1 are revised. ‘‘Percentage of visual acuity efficiency the heading and paragraph A are ww. Section 105.09 in part B of corresponding to visual acuity notations removed and the paragraph designation appendix 1 is added. ‘‘B’’ is removed from paragraph B. for distance in the phakic and aphakic xx. Section 107.00, paragraph C, in eye (better eye)’’ by revising the heading bb. Section 9.03, paragraph A, in part A of appendix 1 is revised. part B of appendix 1 is amended by of the right column on the first line of revising the heading and by revising the the table to read, ‘‘Percent visual acuity cc. Section 11.00, paragraph A, in part A of appendix 1 is amended by revising first sentence of the first paragraph. efficiency’’; and by amending footnotes yy. Section 107.11 in part B of 2 and 3 to Table No. 1 by removing the the heading, by revising the first sentence in the first paragraph, by appendix 1 is amended by revising the word ‘‘central.’’ heading. i. Section 2.02 in part A of appendix removing the second paragraph, by 1 is amended by removing the word redesignation the third paragraph as the zz. Section 111.00 in part B of ‘‘central’’ in the heading. second paragraph and by amending the appendix 1, paragraph A is revised and paragraph B is amended by revising the j. Section 2.04 in part A of appendix first, second and third sentences in the heading, and by removing the second 1 is revised. redesignating second paragraph to revise the word ‘‘anticonvulsive’’ to sentence. k. Section 2.05 in part A of appendix read ‘‘antiepileptic.’’ aaa. Section 111.02 in part B of 1 is removed and reserved. dd. Section 11.02 in part A of l. Section 2.09 in part A of appendix appendix 1 is amended by revising the appendix 1 is amended by revising the headings of paragraphs A and B; by 1 is revised. heading. m. Section 3.00 in part A of appendix revising the first sentence of the ee. Section 11.03 in part A of introductory text of paragraphs A and B; 1 is amended by revising the last appendix 1 is amended by revising the sentence in the third paragraph of and by revising paragraph B3. heading. bbb. Section 111.03 in part B of paragraph E, and by amending ff. Section 11.15 in part A of appendix appendix 1 is amended by revising the paragraph F1 by revising the fourth and 1 is removed and reserved. fifth sentences of the fifth paragraph. gg. Section 11.17, paragraph A, in part heading. n. Section 3.11 in part A of appendix A of appendix 1 is amended by ccc. Section 112.05, paragraphs F1 1 is added. removing the words ‘‘or 11.15B’’. and F2, in part B of appendix 1 are o. Section 4.00, paragraph A, in part hh. Section 12.05 in part A of amended by revising ‘‘limitations’’ to A of appendix 1 is amended in the appendix 1 is amended by revising the read ‘‘limitation.’’ second sentence of the fourth paragraph first sentence of the introductory text. ddd. Section 113.00 in part B of by revising ‘‘make’’ to read ‘‘consider’’, ii. Section 13.08 in part A of appendix appendix 1, is amended by revising the and in paragraph C3 by amending the 1 is revised. third sentence in paragraph B. third sentence of the first paragraph. jj. Section 14.08 in part A of appendix eee. Section 114.08, paragraph N6, in p. Section 5.00, paragraph C, in part 1 is amended by revising paragraph M6. part B of appendix 1, paragraph N6 is A of appendix 1 is amended in the kk. Section 100.00, paragraph B, in revised. fourth sentence by revising part B of appendix 1 is revised. The added and revised text is as ll. Section 101.00, paragraph B, in ‘‘roentgenograms’’ to read ‘‘X-rays or follows: other appropriate medically acceptable part B of appendix 1 is amended by imaging,’’ and by revising adding a second paragraph. Appendix 1 to Subpart P of Part 404- ‘‘impairmentich’’ to read ‘‘impairment mm. Section 101.02, paragraph A3, in Listing of Impairments which.’’ part B of appendix 1 is revised. q. Section 5.03 in part A of appendix nn. Section 101.08 in part B of * * * * * 1 is revised. appendix 1 is revised. 1.00 Musculoskeletal System oo. Section 102.00 in part B of r. Section 5.04 in part A of appendix A. * * * Evaluations of musculoskeletal appendix 1, is amended by removing 1 is amended by revising the heading impairments should be supported where the word ‘‘central’’ from the first and and by revising paragraph C. applicable by detailed descriptions of the second sentences of paragraph A. joints, including ranges of motion, condition s. Section 5.05 in part A of appendix pp. Section 102.02 in part B of 1 is amended by revising the first of the musculature, sensory or reflex changes, appendix 1 is amended by removing the circulatory deficits, and abnormalities as sentence in paragraph A. word ‘‘central’’ from the heading. shown by X-ray or other appropriate t. Section 5.09 in part A of appendix qq. Section 103.00, paragraph B, in medically acceptable imaging. 1 is added. part B of appendix 1 is amended by B. * * * u. Section 6.02 in part A of appendix revising last sentence of the third Evaluation of the impairment caused by 1 is amended by revising paragraph C1. paragraph. disorders of the spine requires that a clinical v. Section 7.00 in part A of appendix rr. Section 103.04, paragraph B3, in diagnosis of the entity to be evaluated first 1 is amended by revising the heading part B of appendix 1 is revised. must be established on the basis of adequate history, physical examination, and and the first sentence of the first ss. Section 103.05 in part B of paragraph of paragraph E. roentgenograms or other appropriate appendix 1 is added after Table III. medically acceptable imaging. * * * w. Section 7.11 in part A of appendix tt. Section 104.00, paragraph A, in 1 is amended by revising the heading. part B of appendix 1 is amended in the * * * * * Medically acceptable imaging includes, but x. Section 7.16 in part A of appendix last sentence of the sixth paragraph by is not limited to, X-ray imaging, 1 is amended by revising paragraph A. revising ‘‘make a determination’’ to read computerized axial tomography (CAT scan), y. Section 7.17 in part A of appendix ‘‘consider,’’ and paragraph E is amended magnetic resonance imaging (MRI), with or 1 is amended by revising the first by revising the first sentence of the third without contrast material, and radionuclear sentence. paragraph. bone scans. While any appropriate medically

VerDate 272000 18:38 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\11FEP1.SGM pfrm11 PsN: 11FEP1 6934 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules acceptable imaging is useful in establishing imaging evidence of bony ankylosis at an 3.00 Respiratory System the diagnosis of musculoskeletal unfavorable angle, joint subluxation or * * * * * impairments, some tests, such as CAT scans instability) of: E. Documentation of pulmonary function and MRIs are quite expensive and some, such * * * * * testing. as myelograms, are invasive and may involve 1.11 Fracture of the femur, tibia, tarsal * * * * * significant risk. If the results of these tests are bone or pelvis with solid union not evident available from the claimant or other sources * * * If the spirogram was generated by on X-ray or other appropriate medically any means other than direct pen linkage to at no or minimal cost to the agency, they will acceptable imaging, and not clinically solid, be considered in the evaluation of the claim. a mechanical displacement-type spirometer, when such determination is feasible, and the testing device must have had a recorded However, expensive tests and tests that may return to full weight-bearing status did not involve significant risk to the claimant, such calibration performed previously on the day occur or is not expected to occur within 12 of the spirometric measurement. as myelograms, will not be ordered. months of onset. C. After maximum benefit from surgical * * * * * therapy has been achieved in situations * * * * * F. Documentation of chronic impairment involving fractures of an upper extremity (see 2.00 Special Senses and Speech of gas exchange. 1.12) or soft tissue injuries of a lower or A. Disorders of Vision 1. * * * upper extremity (see 1.13), i.e., there have 1. Causes of impairment. Diseases or injury * * * * * been no significant changes in physical * * * The percentage concentrations of findings or findings as shown by x-rays or of the eyes may produce loss of visual acuity inspired O2 and inspired and expired CO and other appropriate medically acceptable or loss of the peripheral field. Loss of visual acuity results in inability to distinguish He for each of the maneuvers should be imaging techniques for any 6-month period provided. Sufficient data must be provided, after the last definitive surgical procedure, detail and prevents reading and fine work. Loss of the peripheral field restricts the including documentation of the source of the evaluation should be made on the basis of predicted equation, to permit verification demonstrable residuals. ability of an individual to move about freely. The extent of impairment of sight should be that the test was performed adequately, and * * * * * determined by visual acuity and peripheral that, if necessary, corrections for anemia and/ 1.03 Arthritis of a major weight-bearing field testing. or carboxyhemoglobin were made joint (due to any cause): 2. Visual acuity. Loss of visual acuity may appropriately. * * * * * result in impaired distant and/or near vision. * * * * * A. Gross anatomical deformity of hip or However, for an individual to meet the level 3.11 Lung transplant. Consider under a knee (e.g., subluxation, contracture, bony or of severity described in 2.02 and 2.04, only disability for 12 months following surgery; fibrous ankylosis, instability) supported by x- the remaining visual acuity for distance of thereafter, evaluate the residual impairment. ray or other appropriate medically acceptable the better eye with best correction based on 4.00 Cardiovascular System imaging evidence showing either significant the Snellen test chart measurement may be joint space narrowing or significant bony used. * * * * * * * * C. * * * destruction, and markedly limiting ability to * * * * * walk or stand; or, 3. * * * In selected cases, these tests may 5. Visual efficiency. Loss of visual be purchased after a medical history and * * * * * efficiency may be caused by disease or injury physical examination, report of chest x-rays 1.04 Arthritis of one major joint in each resulting in reduction of visual acuity or or other appropriate medically acceptable of the upper extremities (due to any cause): visual field. The visual efficiency of one eye imaging, ECGs, and other appropriate tests With history of persistent joint pain and is the product of the percentage of visual have been evaluated, preferably by a program stiffness, signs of marked limitation of acuity efficiency and the percentage of visual physician with experience in the care of motion of the affected joints on current field efficiency. (See tables no. 1 and 2, patients with cardiovascular disease. * * * physical examination, and X-ray or other following 2.09.) 5.03 Stricture, stenosis, or obstruction of appropriate medically acceptable imaging * * * * * the esophagus (demonstrated by X-ray, evidence of either significant joint space B. * * * endoscopy, or other appropriate medically narrowing or significant bony destruction. 2. * * * acceptable imaging) with weight loss as With: * * * * * described under listing 5.08. * * * * * * * * When polytomograms, contrast 5.04 Peptic ulcer disease (demonstrated 1.05 Disorders of the spine: radiography, or other special tests have been by X-ray, endoscopy, or other appropriate A. Arthritis manifested by ankylosis or performed, copies of the reports of these tests medically acceptable imaging). With: fixation of the cervical or dorsolumbar spine should be obtained in addition to reports of ° * * * * * at 30 or more of flexion measured from the skull and temporal bone X-rays or other C. Recurrent obstruction demonstrated by neutral position, with X-ray or other appropriate medically acceptable imaging. X-ray, endoscopy, or other appropriate appropriate medically acceptable imaging 3. Loss of speech. In evaluating the loss of medically acceptable imaging; or, evidence of: speech, the ability to produce speech by any * * * * * means includes the use of mechanical or * * * * * 5.05 Chronic liver disease (e.g., portal, electronic devices that improve voice or B. Osteoporosis, generalized (established postnecrotic, or biliary cirrhosis; chronic articulation. Impairment of speech due to by X-ray or other appropriate medically active hepatitis; Wilson’s disease). *** neurological disorders should be evaluated acceptable imaging) manifested by pain and A. Esophageal varices (demonstrated by X- under 11.00—11.19. limitation of back motion and paravertebral ray, endoscopy, or other appropriate muscle spasm with X-ray or other * * * * * medically acceptable imaging) with a appropriate medically acceptable imaging 2.04 Loss of visual efficiency. Visual documented history of massive hemorrhage evidence of either: efficiency of better eye after best correction attributable to these varices. * * * 20 percent or less. (The percent of remaining * * * * * * * * * * 1.08 Osteomyelitis or septic arthritis visual efficiency = the product of the percent of remaining visual acuity efficiency and the 5.09 Liver transplant. Consider under a (established by X-ray or other appropriate disability for 12 months following surgery; medically acceptable imaging): percent of remaining visual field efficiency.) 2.05 [Removed and reserved] thereafter, evaluate the residual impairment. * * * * * * * * * * 1.09 Amputation or anatomical deformity * * * * * (i.e., loss of major function due to 2.09 Loss of speech due to any cause with 6.02 degenerative changes associated with inability to produce by any means speech * * * * * vascular or neurological deficits, traumatic which can be heard, understood, or C. * * * loss of muscle mass or tendons and X-ray or sustained. 1. Renal osteodystrophy manifested by other appropriate medically acceptable * * * * * severe bone pain and abnormalities shown by

VerDate 272000 16:06 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\11FEP1.SGM pfrm08 PsN: 11FEP1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules 6935 appropriate radiographic or other medically 14.08 Human immunodeficiency virus B. Multiple localizations and systemic acceptable imaging (e.g., osteitis fibrosa, (HIV) infection. manifestations as in A. above. marked osteoporosis, pathologic fractures); or * * * * * * * * * * * * * * * M. * * * 103.00 Respiratory System 7.00 Hemic and Lymphatic System 6. Sinusitis documented by radiography or * * * * * other appropriate medically acceptable B. * * * * * * * * imaging. E. Acute leukemia or T-cell lymphoblastic * * * * * lymphoma. Initial diagnosis of acute * * * * * * * * If the spirogram was generated by leukemia or T-cell lymphoblastic lymphoma 100.00 Growth Impairment any means other than direct pen linkage to must be based upon definitive bone marrow * * * * * a mechanical displacement-type spirometer, pathologic evidence. * * * B. Bone age determinations should include the testing device must have had a recorded calibration performed previously on the day * * * * * a full descriptive report of roentgenograms or of the spirometric measurement. 7.11 Acute leukemia or T-cell other medically acceptable imaging lymphoblastic lymphoma. specifically obtained to determine bone age * * * * * * * * * * and must cite the standardization method 103.04 Cystic fibrosis. 7.16 Myeloma (confirmed by appropriate used. Where roentgenograms or other * * * * * serum or urine protein electrophoresis and appropriate medically acceptable imaging B. * * * bone marrow findings). With: must be obtained currently as a basis for 3. Radiographic or other appropriate A. Radiologic or other appropriate adjudication under 100.03, views or scans of medically acceptable imaging evidence of medically acceptable imaging evidence of the left hand and wrist should be ordered. In extensive disease, such as thickening of the bony involvement with intractable bone pain; addition, roentgenograms or other proximal bronchial airways or persistence of or appropriate medically acceptable imaging of bilateral peribronchial infiltrates; or * * * * * the knee and ankle should be obtained when * * * * * 7.17 Aplastic anemias or hematologic cessation of growth is being evaluated in an 103.05 Lung transplant. Consider under a disability for 12 months following surgery; malignancies (excluding acute leukemia): older child at, or past, puberty. thereafter, evaluate the residual impairment. With bone marrow or stem cell * * * * * * * * * * transplantation. * * * 101.00 Musculoskeletal System 104.00 Cardiovascular System * * * * * * * * * * 9.03 Hyperparathyroidism. With: B. * * * * * * * * A. Generalized decalcification of bone on Medically acceptable imaging includes, but E. * * * X-ray or other appropriate medically is not limited to, X-ray imaging, Findings of cardiomegaly shown by chest acceptable imaging study and elevation of computerized axial tomography (CAT scan), x-ray or other appropriate medically plasma calcium to 11 mg. per deciliter (100 magnetic resonance imaging (MRI), with or acceptable imaging evidence must be accompanied by other evidence of chronic ml.) or greater; or without contrast material, and radionuclear heart failure or ventricular dysfunction. * * * * * bone scans. While any appropriate medically *** 11.00 Neurological acceptable imaging is useful in establishing the diagnosis of musculoskeletal * * * * * A. Epilepsy. In epilepsy, regardless of impairments, many tests, such as CAT scans 105.00 Digestive System etiology degree of impairment will be and MRIs are quite expensive and some, such * * * * * determined according to type, frequency, as myelograms, are invasive and may involve duration, and sequelae of seizures. * * * B. Documentation of gastrointestinal significant risk. If the results of these tests are impairments should include pertinent * * * * * available from the claimant or other sources operative findings, radiographic or other 11.02 Epilepsy-convulsive epilepsy, at no or minimal cost to the agency, they will appropriate medically acceptable imaging (grand mal or psychomotor), documented by be considered in the evaluation of the claim. studies, endoscopy, and biopsy reports. detailed description of a typical seizure However, expensive tests and tests that may *** pattern, including all associated phenomena; involve significant risk to the claimant, such occurring more frequently than once weekly * * * * * as myelograms, will not be ordered. 105.05 Chronic liver disease. *** in spite of at least 3 months of prescribed * * * * * A. Inoperable billiary atresia demonstrated treatment. 101.02 Juvenile rheumatoid arthritis. by X-ray or other appropriate medically * * * * * acceptable imaging or surgery; or 11.03 Epilepsy-nonconvulsive epilepsy * * * * * A.*** * * * * * (petit mal, psychomotor, or focal), 3. Radiographic or other appropriate C. Esophageal varices (demonstrated by X- documented by detailed description of a medically acceptable imaging evidence rays, endoscopy, or other appropriate typical seizure pattern, including all medically acceptable imaging); or associated phenomena; occurring more showing joint narrowing, erosion, or frequently than once weekly in spite of at subluxation; or * * * * * least 3 months of prescribed treatment. * * * * * 105.09 Liver transplant. Consider under a 101.08 Osteomyelitis or septic arthritis disability for 12 months following surgery; * * * * * thereafter, evaluate the residual impairment. 12.05 Mental Retardation and Autism: (established by X-ray or other appropriate Mental retardation refers to a significantly medically acceptable imaging): * * * * * subaverage general intellectual functioning A. Located in the pelvis, vertebra, femur, 107.00 Hemic and Lymphatic System with deficits in adaptive behavior initially tibia, or a major joint of an upper or lower extremity, with persistent activity or * * * * * manifested during the developmental period C. Acute leukemia or T-cell lymphoblastic occurrence of at least two episodes of acute (before age 22). *** lymphoma. Initial diagnosis of acute activity within a 5-month period prior to leukemia or T-cell lymphoblastic lymphoma * * * * * adjudication, manifested by local 13.08 Thyroid gland: must be based upon definitive bone marrow inflammatory and systemic signs and pathologic evidence. * * * A. Carcinoma with metastases beyond the laboratory findings (e.g., heat, redness, regional lymph nodes, not controlled by swelling, leucocytosis, or increased * * * * * prescribed therapy; or sedimentation rate) and expected to last at 107.11 Acute leukemia or T-cell B. Anaplastic carcinoma of the thyroid. least 12 months despite prescribed therapy; lymphoblastic lymphoma. *** * * * * * or * * * * *

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111.00 Neurological Authority: Secs. 702(a)(5), 1611, 1614, Telephone: (202) 502–7763. Inquiries A. Convulsive epilepsy must be 1619, 1631(a), (c) and (d)(1), and 1633 of the also may be sent by e-mail to: substantiated by at least one detailed Social Security Act (42 U.S.C. 902 (a)(5), [email protected] or by FAX to: description of a typical seizure. Report of 1382, 1382c, 1382h, 1383(a), (c), and (d)(1), (202) 260–9272. If you use a recent documentation should include a and 1383b); secs. 4(c) and 5, 6(c)–(e), 14(a) telecommunications device for the deaf and 15, Pub. L. 98–460, 98 Stat. 1794, 1801, neurological examination with frequency of (TDD), you may call the Federal episodes and any associated phenomena 1802, and 1808 (42 U.S.C. 421 note, 423 note, substantiated. 1382h note). Information Relay Service (FIRS) at 1– Young children may have convulsions in 800–877–8339. association with febrile illnesses. Proper use § 416.926 [Amended] Individuals with disabilities may of 111.02 and 111.03 requires that epilepsy 4. Section 416.926a is amended by obtain this document in an alternate be established. Although this does not removing paragraphs (d) (8) and (9), and format (e.g., Braille, large print, exclude consideration of seizures occurring redesignating paragraph (d) (10), (11), audiotape, or computer diskette) on during febrile illnesses, it does require and (12) as paragraphs (d) (8), (9), and request to the contact person listed in documentation of seizures during nonfebrile the preceding paragraph. periods. (10). SUPPLEMENTARY INFORMATION: There is an expected delay in control of [FR Doc. 00–2867 Filed 2–10–00; 8:45 am] epilepsy when treatment is started, BILLING CODE 4191±02±P Invitation to Comment particularly when changes in the treatment regimen are necessary. Therefore, an We invite you to submit comments epileptic disorder should not be considered regarding these proposed regulations. to meet the requirements of 111.02 or 111.03 DEPARTMENT OF EDUCATION We invite you to assist us in unless it is shown that convulsive episodes complying with the specific have persisted more than three months after 34 CFR Part 611 requirements of Executive Order 12866 prescribed therapy began. and its overall requirement of reducing Teacher Quality Enhancement Grants B. Nonconvulsive epilepsy. *** regulatory burden that might result from Program * * * * * these proposed regulations. Please let us 111.02 Major motor seizure disorder. AGENCY: Office of Postsecondary know of any further opportunities we A. Convulsive epilepsy. In a child with an Education, Department of Education. should take to reduce potential costs or established diagnosis of epilepsy, the increase potential benefits while occurrence of more than one major motor ACTION: Notice of proposed rulemaking. seizure per month despite at least three preserving the effective and efficient months of prescribed treatment. * * * SUMMARY: The Assistant Secretary for administration of the program. During and after the comment period, * * * * * Postsecondary Education proposes B. Convulsive epilepsy syndrome. In a regulations for the three grant programs you may inspect all public comments child with an established diagnosis of included in the Teacher Quality about these proposed regulations in the epilepsy, the occurrence of at least one major Enhancement Grant Programs, sections Department of Education, Teacher motor seizure in the year prior to application 202–204 of the Higher Education Act of Quality Program Office, 1990 K Street despite at least three months of prescribed 1965 (HEA), as amended. These NW, 6th floor, Washington, DC. treatment. * * * proposed regulations contain selection Comments are available for inspection * * * * * criteria that would be used to select between the hours of 8:30 a.m. and 4:00 3. Significant mental disorder; or applicants for awards under the State p.m., Eastern time, Monday through * * * * * Program, Partnership Program, and Friday of each week except Federal 111.03 Nonconvulsive epilepsy. *** Teacher Recruitment Program. These holidays. * * * * * proposed regulations also contain In order to ensure sufficient time to prepare and review grant applications 113.00 Neoplastic Diseases, Malignant certain other requirements that would apply to the programs. submitted for FY 2000, the Department * * * * * will need to publish final regulations for DATES: We must receive your comments B. Documentation. * * * If an operative these programs as soon as possible after procedure has been performed, the evidence on or before March 13, 2000. should include a copy of the operative note the expiration of the public comment ADDRESSES: All comments concerning period. For this reason, while you have and the report of the gross and microscopic these proposed regulations should be examination of the surgical specimen, along 30 days to submit public comment, we with all pertinent laboratory and X-ray addressed to: Dr. Louis Venuto, Higher urge you to submit comments to us on reports or reports from other appropriate Education Programs, Office of or before February 25, 2000. In addition, medically acceptable imaging.* * * Postsecondary Education, Office of we also urge those who wish to * * * * * Policy, Planning, and Innovation, 1990 comment on the information collection 114.08 Human immunodeficiency virus K Street, NW, Washington, DC 20006– requirements contained in the program (HIV) infection. 8525: Telephone: 202–502–7763. application packages to send written Comments also may be sent by e-mail * * * * * l comment on or before February 25, N. * * * to: Louis [email protected] or by FAX to; 2000. See the discussion in the section 6. Sinusitis documented by radiography or (202) 502–7699. If you prefer to send entitled ‘‘Paperwork Reduction Act of other appropriate medically acceptable your comments through the Internet use 1995’’ and the addressee identified in imaging. the following address: that section to whom comments should * * * * * [email protected]. You must include be sent. the term ‘‘Teacher Quality’’ in the PART 416ÐSUPPLEMENTAL subject line of your electronic message. Assistance to Individuals With SECURITY INCOME FOR THE AGED, FOR FURTHER INFORMATION CONTACT: Dr. Disabilities in Reviewing the BLIND, AND DISABLED Louis Venuto, Higher Education Rulemaking Record Subpart IÐ[Amended] Programs, Office of Postsecondary On request, we will supply an Education, Office of Policy, Planning, appropriate aid, such as a reader or 3. The authority citation for subpart I and Innovation, 1990 K Street, NW, print magnifier, to an individual with a of part 416 continues to read as follows: Washington, DC 20006–8525: disability who needs assistance to

VerDate 272000 18:38 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\11FEP1.SGM pfrm11 PsN: 11FEP1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules 6937 review the comments or other and retention. States are in the position (b) of the HEA provides that documents in the public rulemaking to increase the expectations for newly partnerships eligible for awards must record for these proposed regulations. If state-certified and licensed teachers as comprise, at a minimum, a partnership you want to schedule an appointment well as test for and reward high-quality institution, a school of arts and science, for this type of aid, you may call (202) teaching. and a high-need LEA as the law defines 205–8113 or (202) 260–9895. If you use Under the program, each State may these terms. Partnerships also may a TDD, you may call the Federal develop a program application that include other entities that can Information Relay Service (FIRS) at 1– focuses on activities it chooses to contribute expertise, resources or both 800–877–8339. conduct in one or more areas that are to the teacher preparation project. A key key to improving the quality of new aspect of the program is the active General teachers. In this regard, areas in which participation of all members of the Background a State may propose to focus include: partnership in the design and • Teacher licensure, certification, and On October 8, 1998, the President implementation of project activities. preparation policies and practices, signed into law the Higher Education By law, successful applicants must including rigorous alternative routes to Amendments of 1998 (Pub. L. 105–244). propose to implement certain activities: certification; • The reform of teacher preparation This law addresses the Nation’s need to • Reforms that hold institutions of ensure that new teachers enter the programs so that these programs become higher education (IHE) with teacher accountable for producing teachers who classroom prepared to teach all students preparation programs accountable for to high standards by authorizing, as are highly competent in the academic preparing teachers who are highly content areas in which they pan to Title II of the Higher Education Act competent in academic content areas (HEA), the Teacher Quality teach; and possess strong teaching skills; • Enhancement Grants for States and • The provision of high quality and Wholesale redesign of teacher sustained pre-service clinical Partnerships (Teacher Quality preparation programs, in collaboration Programs). The new Teacher Quality experiences and mentoring for new with the schools of arts and sciences, in teachers, together with a substantial Enhancement Grants Program provides ways that promote stronger academic an historic opportunity to effect positive increase in the interaction between content and subject-matter knowledge of teachers, principals, and higher change in the recruitment, preparation, students in those programs; licensing, and on-going support of education faculty; and • Improved linkages between IHEs • teachers in America. The creation of opportunities for and K–12 schools, with more time spent enhanced and ongoing professional The new Teacher Quality by college faculty and teacher education Enhancement Grants Program consists development that improves the students in K–12 classrooms, and academic content knowledge of teachers of three different competitive grant greater use of technology in the teacher programs: (1) The State Grants Program, in fields in which they are or will be education programs; certified to teach. which is designed to help States • Use of new strategies to attract, Beyond these minimum requirements, promote a broad array of improvements prepare, support, and retain highly the Partnership program supports in teacher licensure, certification, competent teachers in high-poverty activities that propose to educate preparation, and recruitment; (2) the urban and rural areas; Partnership Grants for Improving • Redesign and improvement of teachers in ways that reflect best Teacher Preparation Program, which is existing teacher professional research and practice, and embody high designed to have schools of education, development programs to improve the teaching standards. These activities schools of arts and sciences, high-need content knowledge, technology skills, include the preparation of teachers to local educational agencies (LEAs), and and teaching skills of practicing work with diverse student populations others work together to ensure that new teachers; so that all students they will teach can teachers have the content knowledge • Improved accountability for high- achieve to high State and local content and skills their students need of them quality teaching through performance- and performance standards, and when they enter the classroom; and (3) based compensation and the implementation of instructional the Teacher Recruitment Grants expeditious removal of incompetent or programs whose effectiveness has been Program, which is designed to help unqualified teachers while ensuring due demonstrated through research. schools and school districts with severe process; and The Partnership Program also seeks teacher shortages to secure the high- • Efforts to address the problem of to— • quality teachers that they need. social promotion and to prepare Offer alternative routes into Together, these programs are designed teachers to deal with the issues raised teaching to individuals who may have to increase student achievement by by ending social promotion. had careers in other professions, in the supporting comprehensive approaches military or in other fields, and to Partnership Grants for Improving to improving teacher quality. educational paraprofessionals; Teacher Education (Partnership • Prepare teachers to successfully State Grants Program (State Program) Program) integrate technology into teaching and The State Grants Program offers a The purpose of the Partnership learning; unique opportunity to support far- Program is to improve student learning • Require prospective teachers to reaching efforts to redesign teacher by bringing about fundamental change participate in intensive, structured, and education. Through the policy and improvement in traditional teacher clinically-based experiences with leadership of Governors, State education programs. Through multi-year master teachers; legislatures, and other important awards to a limited number of highly- • Offer continuous assistance to partners, the program can assure the committed partnerships, the Partnership graduates during their initial years in statewide support so essential to Program is intended to ensure that new the classroom; and bringing about the important policy teachers have the content knowledge • Prepare school principals, changes needed in teacher recruitment, and teaching skills they need when they superintendents, and other school preparation, licensing and certification, enter the classroom. Section 203(a) and administrators to employ strong

VerDate 272000 16:06 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\11FEP1.SGM pfrm08 PsN: 11FEP1 6938 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules management and leadership skills that of grantees to sustain activities after the packages on what high-quality can help increase student achievement. end of the project is a key determinant applications likely would contain, of success. submitted applications generally not Teacher Recruitment Grants Program only lacked sufficient specificity, but (Teacher Recruitment Program) Need to Regulate also were difficult to evaluate under The Teacher Recruitment Program is Regulations are needed in order to these general selection criteria. designed to address the challenge of establish appropriate selection criteria Hence, the Department’s experience America’s teacher shortage by making and a small number of other with applications submitted under the significant and lasting systemic changes requirements for Fiscal Year (FY) 2000 State and Teacher Recruitment to the ways that teachers are recruited, and subsequent year competitions under Programs now convinces us that prepared, and supported as new the Teacher Quality programs. As program-specific criteria—rather than teachers in high-need schools. The explained in the following discussion, those in EDGAR—would assist Teacher Recruitment Program supports new program-specific selection criteria applicants to write better, more specific projects that use funds to— for competitions conducted under the proposals that focus more closely on • Award scholarships to help three Teacher Quality Programs are how they would address Title II students pay the costs of tuition, room, needed to promote better quality program goals. We also are convinced board, and other expenses of completing applications and greater consistency that the use of program-specific a teacher training program; among reviewers and across review selection criteria in these two programs • Provide support services, if needed, panels. would substantially help reviewers to to enable scholarship recipients to On February 8, 1999, the Department make better judgments as they read, complete postsecondary education published final regulations to govern score proposals, and make evaluative programs; and competitions conducted under the comments. Regulations therefore are • Provide for follow-up services to Teacher Quality Enhancement Grant needed to establish program-specific former scholarship recipients during Programs for fiscal year (FY) 1999 (64 criteria that reflect the goals and their first three years of teaching. FR 6189). In doing so, the Department objectives of the Title II statute. Alternatively, funds may be used to used its authority under section 437(d) The Department did use program- develop and implement effective of the General Education Provisions Act specific selection criteria rather than mechanisms to ensure that high-need to waive rulemaking requirements for general criteria in EDGAR to evaluate LEAs and schools are able to effectively regulations governing the first grant both pre-applications and full recruit highly qualified teachers. competition under a new or applications submitted for the initial Both States and eligible partnerships substantially revised program. This competition conducted in FY 1999 may receive awards under the Teacher notice of proposed rulemaking under the Partnership Program. Recruitment Program. For both States establishes the proposed regulations for However, difficulties that reviewers had and partnerships, effective relationships the FY 2000 and subsequent year evaluating those pre-applications and and partnerships among all those who competitions. full applications have convinced us that will implement project activities are The State, Partnership, and Teacher they, too, need to be modified. We now keys to effective Teacher Recruitment Recruitment Programs are key elements see that, in some respects, those criteria Program activities. In particular, out of in the Federal government’s strategy to were too general. They helped these partnerships and relationships support State efforts to improve teacher applicants to sketch a broad vision of will come (1) the recruitment strategies quality and recruit, prepare, and their projects, but reviewers often had that are so vital to meeting the severe support new teachers in high-need difficulty finding enough specific detail teaching needs of the high-need LEAs, schools and school districts. The in the pre-applications and full (2) the kind of teacher preparation success of these programs depends upon applications to score them with programs, which are built around the preparation of applications that are precision. Reviewers also found that the effective support from both schools of of the highest possible quality, and the generality of the program-specific education and schools of arts and ability of reviewers to identify those criteria inhibited their ability to make science and other areas of the IHE, that applicants with the most promise of fine distinctions among applications. recruited individuals will need in order success. In order to guide the We believe that revised, more specific, to be effective teachers to the diverse preparation and identification of high- selection criteria for the Partnership student populations in those LEAs, and quality applications under any of these Program are needed to improve the (3) the support services these three Programs, application selection quality of applications and the review individuals will need once they begin to criteria need to be established. process. teach. As a new program in FY 1999, the For the FY 2000 Title II competition, The Teacher Recruitment Program Teacher Quality Program relied upon therefore, new program-specific also anticipates that projects will general selection criteria in § 75.210 of selection criteria have been drafted for provide prospective teachers with high- the Education Department General all three Teacher Quality Program quality teacher preparation and Administrative Regulations (EDGAR) to components. It is expected that these induction programs that— evaluate applications submitted under new criteria will provide clearer • Set high standards for teaching; the State and the Teacher Recruitment guidance to proposal writers, and will • Reflect the best research and Programs. The EDGAR criteria were give reviewers a more reliable scoring practice known across the country; and used for these two programs because we system. By using the revised selection • Prepare teachers to use technology believed that program-specific criteria, the complete selection process in their classrooms. regulations would not be needed to should result in funding strong projects Finally, all three of the Teacher generate high-quality applications and likely to achieve key Title II goals. Quality Enhancement Grant Programs permit reviewers a ready means to (Consistent with § 75.210 of EDGAR, the anticipate that when program funding evaluate them. However, those application packages for these three ceases, the work that States and reviewing applications under these programs will inform the public the partnerships have begun will continue programs found that, notwithstanding total possible score for all criteria that and be sustained. Therefore, the ability guidance in the program application apply to a program, and the assigned

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First, all three programs making the most informed decisions likewise would be enhanced by use of require applicants to develop strategies about the quality of applicants’ a pre-application process. For this in comprehensive areas related to multiyear plans. This regulation is reason, we are proposing to use this teacher preparation, licensure, needed both to address this problem two-step process for both the certification, or recruitment. The and to ensure that, for those applicants Partnership and Teacher Recruitment experience with the initial grants receiving awards, the Department has Programs. competition conforms that both the information it needs to work with In the event that two or more reviewers and successful applicants applicants over the life of their projects applicants are ranked equally for the would benefit from having applications so that the projects can succeed. last available award under any of the include detailed workplans that contain three programs, the proposed project objectives, activities, Section 611.3 Procedures for Grant regulations would continue a tie- benchmarks, responsible parties, time Selection breaking procedure used during the FY lines, and outcomes. In addition, Section 611.3 sets out the procedures 1999 competition. Under this regulations are needed to clarify over that we would use to select grants for procedure, the Secretary would select what period of time States are to meet the Teacher Quality Program. In general, the applicant whose activities would the 50 percent matching requirement in we would use the procedures in 34 CFR focus (or have the most impact) on LEAs section 205(c) of the statute. 75.200–75.222. However, § 611.3 would and schools located in one (or more) of The remainder of this section of this establish our use of program-specific the Nation’s Empowerment Zones and notice explains in more detail the selection procedures identified in Enterprise Communities. regulations that we are proposing to §§ 611.12–611.32 to evaluate Finally, for the initial grant adopt for the three Teacher Quality applications for each of the three competition under these three programs, Enhancement Grant Programs. programs, including the use of a we developed program-specific competitive priority for the State and selection criteria only for the Section 611.2 Pre-Application and Partnership Programs. Partnership Program. For reasons Application In addition, § 611.3 would establish a discussed in the ‘‘Need to Regulate’’ Under § 611.2, an applicant for a grant two-stage application process for both section of this preamble, we are under the Teacher Quality Enhancement the Partnership and Teacher proposing program-specific selection Grants Program would be required to Recruitment Programs. The proposed criteria for applications submitted under submit with its application a proposed regulations would require applicants the State and Teacher Recruitment multiyear workplan. At a minimum, the under either of these Programs to submit Program, and revised program-specific applicant would have to specifically a pre-application. We would use the criteria for applications submitted under identify, for each year of the project, the selection criteria established for these the Partnership Program. project’s overall objectives, activities the pre-applications to determine which applicant proposes to implement to applicants should be invited to submit Selection Criteria to Govern the State promote each program objective, full applications. Program benchmarks and time lines for A two-stage process was used Section 611.11 would establish the conducting project activities and successfully during the 1999 initial selection criteria for the State Program. achieving the project’s objectives, who competition under the Partnership The criteria would focus on the quality would be responsible for conducting Program. We received substantial of the project design, the significance of and coordinating each activity, feedback from applicants who favored the project, the quality of the resources, measurable program outcomes that are this process. They told us that it and the quality of the management plan tied to each program objective, and the permitted them to spend more time and workplan. Section 611.12 would evidence by which success in achieving planning their projects than they would establish selection criteria, which would these objectives would be measured. have had under the normal, single-stage, be used in addition to the selection Applicants for grants under subpart C process, and saved those applicants criteria in § 611.11, for any State (the Partnership Program) and subpart D whose pre-applications were not of Program applicant that proposed teacher (the Teacher Recruitment Program) sufficiently high quality the time and recruitment activities. Although teacher would only have to provide a workplan resources needed to prepare a full recruitment is not required for the State if they are invited, based on their pre- program application. We also believe Program, applicants may choose to applications, to submit a full that the quality of the full applications incorporate teacher recruitment into application. likely benefited from the applicants’ their projects. If they do so, additional Finally, § 611.2 would also require receipt of reviewers’ comments on their selection criteria would be needed any applicant that submits a pre- pre-applications, and reviewers told us because of the requirements governing application for a grant under the that they appreciated being able to focus use of funds for teacher recruitment Partnership or Teacher Recruitment their time evaluating a limited number activities in sections 202 and 204(d) of Program to submit any budgetary of full applications that reflected sound the HEA. We therefore have added information that the Secretary may conceptual thinking. Therefore, we have selection criteria that would specifically require in the program’s application decided to make the pre-application address teacher recruitment, so that peer package. process a permanent feature of the reviewers can judge the quality of the These workplans are necessary for Partnership Program. teacher recruitment activities within a two reasons. Section 75.112(b) of In addition, reviewers of applications State program. EDGAR requires all applicants to submitted under the initial Teacher Section 611.13 would establish a include a narrative that describes how Recruitment Program grants competition competitive preference for the State

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Program. As required by section Selection Criteria for the Teacher that these programs are competitive, the 205(b)(2)(A) of the HEA, the Secretary Recruitment Program Secretary has determined that a would determine the extent to which Sections 611.31 and 611.32 would reasonable limitation on the indirect the State’s proposed activities in any establish the selection criteria for the cost rate that IHEs and nonprofit one or more of three statutory priorities pre-application and the full application, organizations may charge to their are likely to yield successful and respectively. The selection criteria for Teacher Quality Program funds is sustained results. The statutory pre-applications would address the appropriate. Section 611.61 would make priorities are (1) initiatives to reform same general areas as those for all recipients of program funds—States, State teacher licensure and certification Partnership Program pre-applications, LEAs, IHEs, nonprofit organizations, and other entities—subject to the same requirements so that current and future but would be tailored to matters related teachers possess strong teaching skills limitation on indirect costs they may to teacher recruitment. Similarly, the and academic content knowledge in the charge to program funds. selection criteria to govern full subject areas they will be certified or Finally, § 611.62 would detail a applications submitted under the licensed to teach; (2) innovative reforms grantee’s matching requirements. As Teacher Recruitment Program would to hold IHEs with teacher preparation required by section 205(c)(1) of the address the same general areas as those programs accountable for preparing statute, each State receiving a grant for the State Program, but would be teachers who are highly competent in under either the State Program or the tailored to matters related to teacher the academic content areas and have Teacher Recruitment Program would recruitment. strong teaching skills, and (3) innovative have to provide, from non-Federal efforts to reduce the teacher shortage Other Program Requirements sources, an amount equal to 50 percent of the amount of the grant to carry out (including the high turnover) of highly Section 611.61 would limit the the activities supported by the grant. competent teachers in high-poverty indirect costs that a recipient may Section 611.52(a) would clarify that the urban and rural areas. charge to Teacher Quality Program 50 percent match would need to be funds to the maximum of either eight Selection Criteria to Govern the made annually during the project Partnership Program percent or the amount determined period, with respect to each grant a Section 611.21 would establish the through operation of a negotiated State receives. In addition, § 611.52(b) selection criteria for the pre-application indirect cost rate. We are proposing this repeats the requirement in section for the Partnership Program. The regulation so that the indirect cost 205(c)(2) of the statute that each selection criteria would address project limitation is applicable to all recipients partnership receiving a grant under the goals and objectives, the level of of program funds. By regulation Partnership Program or the Teacher commitment to the partnership, the published in the Federal Register on Recruitment Program be required to quality of key project components, and August 6, 1999 (64 FR 42837), this provide, from non-Federal sources, an the anticipated specific outcomes of the limitation (formerly established in amount equal to 25 percent of the grant project. As with the State Program, § 611.41) already applies to States and for the first year of the program, 35 because of the requirements governing LEAs. Regulations published in the percent of the grant for the second year use of funds for teacher recruitment Federal Register on February 8, 1999 of the program, and 50 percent of the activities in sections 203 and 204(d) of (64 FR 6189) applied this same indirect grant for the third through fifth year of Title II, the Partnership Program, in cost limitation to IHEs and nonprofit the program. § 611.22, would establish additional organizations that receive program We interpret these requirements, that criteria that would apply to any pre- funds on the basis of the initial Teacher grantees provide each year a specified application that proposes teacher Quality Program grant competitions. percentage ‘‘of the grant’’ from non- recruitment activities. However, through an oversight, the federal sources, to mean a specified Sections 611.23 and 611.24 would Department had not previously percentage of the amount of the federal establish the selection criteria for the proposed to apply this limitation on funds the Department annually awards. full application. Section 611.23 would indirect costs to IHEs and nonprofit Therefore, for example, a partnership apply to all applicants for Partnership agencies and that receive program funds that is awarded $1 million per year in program grants, and § 611.24 would under the second and succeeding grant federal funds would need to provide the apply to those applications that include competitions. project $250,000 from non-federal funds teacher recruitment activities. The We recognize the legitimacy of a grant for the first year of project activities. selection criteria for full applications recipient’s indirect costs. However, for The required match from non-Federal are similar to those we used to evaluate reasons presented in the May 19, 1999 sources required by this section could applications in 1999 for the initial NPRM that proposed this indirect cost be made in cash or in kind. competition under the program. They limitation for States and LEAs (64 FR focus on quality of project design, 27403), we believe that having IHEs and Goals 2000: Educate America Act significance of project activities, quality nonprofit organizations apply large, The Goals 2000: Educate America Act of resources, and the quality of the generally applicable negotiated indirect (Goals 2000) focuses the Nation’s management plan and workplan. cost rates to compensate themselves out education reform efforts on the eight As required by section 205(b)(2)(B) of of program funds for general overhead National Education Goals and provides the statute, § 611.25 would establish a and related expenses is inconsistent a framework for meeting them. Goals competitive preference for Partnership with the purpose of the Teacher Quality 2000 promotes new partnerships to Program applications that involve Programs and the expectations that strengthen schools and expands the businesses. Under this section, the Congress and the Nation have for their Department’s capacities for helping Secretary would award up to ten success. Therefore, given (1) the privotal communities to exchange ideas and additional points on the basis of how significance of the Teacher Quality obtain information needed to achieve well the application includes a Programs, (2) the national need that the goals. significant role for private business in these programs have a maximum impact These proposed regulations would the design and implementation of the on the quality and quantity of highly- address the National Education Goal project. qualified new teachers, and (3) the fact that the Nation’s teaching force will

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We Collection of Information estimate annual reporting and Clarity of the Regulations Teacher Quality Enhancement Grant recordkeeping burden for this collection Executive Order 12866 and the Programs. of information to average 200 hours for President’s Memorandum of June 1, Applicants for funds under the State each of the applications, including the 1998 on ‘‘Plain Language in Government Grants program, the Partnership time for reviewing instructions, Writing’’ require each agency to write Program for Improving Teacher searching existing data sources, regulations that are easy to understand. Effectiveness, and the Teacher gathering and maintaining the data The Secretary invites comments on Recruitment Grants Program would needed, and completing and reviewing how to make these proposed regulations need to submit program applications the collection of information. Thus, we easier to understand, including answers and, for the Partnership Program and estimate the total annual reporting and to questions such as the following: Teacher Recruitment Program, pre- recordkeeping burden for this collection • Are the requirements in the applications that respond to the on those preparing application under proposed regulations clearly stated? selection criteria announced in this the Partnership Program to be 5,000 • Do the proposed regulations contain notice. Applicants also would need to hours, and under the Teacher technical terms or other wording that include a detailed workplan with their Recruitment Program also to be 5,000 interferes with their clarity? applications. hours. • Does the format of the proposed State Program regulations (grouping and order of Summary sections, use of headings, paragraphing, We collect information once for Finally, as discussed in the preceding etc.) aid or reduce their clarity? applicants for State Program grant discussion, we estimate that the total • Would the proposed regulations be awards. We estimate annual reporting annual reporting and recordkeeping easier to understand if we divided them and recordkeeping burden for this burden for this collection as it relates to into more (but shorter) sections? (A collection of information to average 200 all three Teacher Quality Enhancement ‘‘section’’ is preceded by the symbol ‘‘§’’ hours for each application for 20 State Grant Programs to be 30,200 hours. This and a numbered heading; for example, respondents, including the time for estimate includes the time for reviewing § 611.21 What are the selection criteria reviewing instructions, searching instructions, searching existing data for pre-applications?) existing data sources, gathering and sources, gathering and maintaining the • Could the description of the maintaining the data needed, and data needed, and completing and proposed regulations in the completing and reviewing the collection reviewing the collection of information. SUPPLEMENTARY INFORMATION section of of information. Thus, we estimate the If you want to comment on the this preamble be more helpful in total annual reporting and information collection requirements, making the proposed regulations easier recordkeeping burden for this collection please send your comments to the Office to understand? If so, how? on those preparing application under of Information and Regulatory Affairs, • What else could we do to make the the State Program to be 4,000 hours. OMB, room 10235, New Executive proposed regulations easier to Partnership and Teacher Recruitment Office Building, Washington, DC 20503; understand? Programs Attention: Desk Officer for U.S. Send any comments that concern how Department of Education. You may also the Department could make these For both the Partnership Program and send a copy of these comments to the proposed regulations easier to Teacher Recruitment Program, all Department representative named in the understand to the person listed in the applicants must submit a pre- ADDRESSES section of this preamble. ADDRESSES section of the preamble. application; those with the highest We consider your comments on this quality pre-applications would then be Regulatory Flexibility Act Certification proposed collection of information in— invited to submit full applications. We • Deciding whether the proposed The Secretary certifies that these estimate annual reporting and collection is necessary for the proper proposed regulations would not have a recordkeeping burden for this collection performance of our functions, including significant economic impact on a of information to average 54 hours for whether the information will have substantial number of small entities. each of the 150 respondents expected to practical use; Entities that would be affected by these submit pre-applications under the • Evaluating the accuracy of our regulations are IHEs and LEAs. The Partnership Program, and 54 hours for estimate of the burden of the proposed information burden on each of these each of the 150 respondents expected to collection, including the validity of our groups consists only of the time and submit pre-applications under the methodology and assumptions; resources needed to submit grant Teacher Recruitment Program. These • Enhancing the quality, usefulness, applications. Hence, the regulations estimates include the time for reviewing and clarity of the information we would not have a significant impact on instructions, searching existing data collect; and any entity because they would not sources, gathering and maintaining the • Minimizing the burden on those impose excessive regulatory burden or data needed, and completing and who must respond. This includes require unnecessary Federal reviewing the collection of information. exploring the use of appropriate supervision. Thus, we estimate the total annual automated, electronic, mechanical, or reporting and recordkeeping burden other technological collection Paperwork Reduction Act of 1995 related to the preparation of pre- techniques or other forms of information Proposed §§ 611.2–611.25 contain applications to be 8,100 hours for each technology; e.g., permitting electronic information collection requirements. of the two programs, or a total of 16,200 submission of responses. Under the Paperwork Reduction Act of hours. OMB is required to make a decision 1995 (44 U.S.C. 3507(d)), the We estimate that of those applicants concerning the collections of Department of Education has submitted who submitted pre-applications for information contained in these a copy of this notice and these sections Partnership Program and Teacher proposed regulations between 30 and 60

VerDate 272000 18:38 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\11FEP1.SGM pfrm11 PsN: 11FEP1 6942 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules days after publication of this document Program Authority: 20 U.S.C. 1021 et seq. in the State will be responsible for in the Federal Register. Therefore, to and 1024(e) which activities. ensure that OMB gives your comments (Catalog of Federal Domestic Assistance (c) An applicant that submits a pre- full consideration, it is important that Number 84.336: Teacher Quality application for a Partnership Program OMB receives the comments within 30 Enhancement Grants Program) grant under § 611.3(b) (3) must also days of publication. This does not affect List of Subjects in 34 CFR Part 611 submit any budgetary information that the deadline for your comments to us on the Secretary may require in the the proposed regulations. Colleges and universities, Elementary program application package. and secondary education, Grant Requests for copies of the proposed programs—education. (Authority: 20 U.S.C. 1021 et seq.) application packages for any or all of the Teacher Quality Programs may be Dated: February 1, 2000. § 611.3 What procedures does the accessed from http://edicsweb.ed.gov, A. Lee Fritschler, Secretary use to award a grant? or should be addressed to Vivian Reese, Assistant Secretary For Postsecondary The Secretary uses the selection Department of Education, 400 Maryland Education. procedures in 34 CFR 75.200 through Avenue, SW, Room 5624, Regional For the reasons stated in the 75.222 except that— Office Building 3, Washington, D.C. preamble, the Secretary proposes to (a)(1) For the State Grants Program, 20202–4651. Requests may also be amend part 611 of Chapter VI of title 34 the Secretary evaluates applications for electronically mailed to the Internet of the Code of Federal Regulations as new grants on the basis of the selection address [email protected] or follows: criteria and competitive preference faxed to 202–708–9346. contained in §§ 611.11 through 611.13. PART 611Ð[AMENDED] (2) For the Partnership Grants Intergovernmental Review Program, the Secretary— 1. The authority citation for part 611 This program is subject to Executive continues to read as follows: (i) Uses a two-stage application Order 12372 and the regulations in 34 process to determine which applications CFR Part 79. One of the objectives of the Authority: 20 U.S.C. 1021 et seq., unless to fund; Executive order is to foster an otherwise noted. (ii) Uses the selection criteria in intergovernmental partnership and a 2. Sections 611.2 and 611.3 are added §§ 611.21 through 611.22 to evaluate the strengthened federalism. The Executive to Subpart A to read as follows: pre-applications submitted for new order relies on processes developed by grants, and to determine those State and local governments for § 611.2 What must be included in a applicants to invite to submit full Partnership or Teacher Recruitment coordination and review of proposed Program pre-application? program applications; and Federal financial assistance. (iii) For those applicants invited to (a) In addition to a description of the This document is intended to provide submit full applications, uses the proposed multiyear project, timeline, selection criteria and competitive early notification of our specific plans and budget information required by 34 and actions for this program. preference in §§ 611.23 through 611.25 CFR 75.112 and 75.117 and other to evaluate the full program Assessment of Educational Impact applicable law, an applicant for a grant applications. under this part must submit with its The Secretary particularly requests (3) For the Teacher Recruitment application a proposed multiyear Grants Program, the Secretary— comments on whether these proposed workplan. At a minimum, this workplan (i) Uses a two-stage application regulations would require transmission must identify, for each year at the process to determine which applications of information that any other agency or project— to fund; authority of the United States gathers or (1) The project’s overall objectives; makes available. (ii) Uses the selection criteria in (2) Activities that the applicant §§ 611.31 to evaluate the pre- Electronic Access to This Document proposes to implement to promote each applications submitted for new grants, project objective; You may review this document, as and to determine those applicants to (3) Benchmarks and timelines for invite to submit full program well as all other Department of conducting project activities and Education documents published in the applications; and achieving the project’s objectives; (iii) For those applicants invited to Federal Register, in text or Adobe (4) Who will conduct and coordinate Portable Document Format (PDF) on the submit full applications, uses the these activities; and selection criteria in §§ 611.32 to Internet at either of the following sites: (5) Measurable program outcomes that http://ocfo.ed.gov/fedreg.htm; http:// evaluate the full program applications; are tied to each program objective, and and www.ed.gov/news.html. To use the PDF the evidence by which success in you must have the Adobe Acrobat (b) In the event that two or more achieving these objectives will be applicants are ranked equally for the Reader Program with Search, which is measured; available free at either of these sites. If last available award under any program, (b)(1) In any application for a grant you have questions about using the PDF, the Secretary selects the applicant under the Partnership Program, or under call the U.S. Government Printing Office whose activities will focus (or have the Teacher Recruitment Program that is (GPO) at 1–888–293–6448, or in the most impact) on LEAs and schools submitted on behalf of a partnership, Washington, DC area at (202) 512–1530. located in one (or more) of the Nation’s the workplan must identify which Empowerment Zones and Enterprise Note: The official version of this document partner will be responsible for which is the document published in the Federal Communities. activities. Register. Free Internet access to the official (Authority: 20 U.S.C. 1021 et seq.) edition of the Federal Register and the Code (2) In any application for a grant of Federal Regulations is available on GPO under the Teacher Recruitment Program 3. Subpart B, consisting of §§ 611.11 Access at: http://www.access.gpo.gov/nara/ that is submitted on behalf of a State, through 611.13, is added, reading as index.html. the workplan must identify which entity follows:

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Subpart BÐState Grants Program (2) In determining the quality of the of additional cohorts of new teachers project design, the Secretary considers after funding under this part ends. § 611.11 What are the program's general the extent to which— (c) In addition to the elements selection criteria? (i) Support available to the project, contained in § 611.11(c) (‘‘Quality of In evaluating the quality of including personnel, equipment, resources’’), the Secretary considers the applications, the Secretary uses the supplies, and other resources, is impact of the project on high-need LEAs following selection criteria. sufficient to ensure a successful project; and high-need schools based upon— (a) Quality of project design. (1) The (ii) Budgeted costs that are reasonable (1) The amount of scholarship Secretary considers the quality of the and justified in relation to the design, assistance the project will provide project design. outcomes, and potential significance of students from federal and non-federal (2) In determining the quality of the the project; and funds; project design, the Secretary considers (iii) The applicant’s matching share of (2) The number of students who will the extent to which— the budgeted costs demonstrates a receive scholarships; and (i) The project design will result in significant commitment to successful (3) How those students receiving systemic change in the way that all new completion of the project and to project scholarships will benefit from high- teachers are prepared, and includes continuation after federal funding ends. quality teacher preparation and an partners from all levels of the education (d) Quality of management plan and effective support system during their system; workplan. (1) The Secretary considers first three years of teaching. (ii) The Governor and other relevant the quality of the project’s management (Authority: 20 U.S.C. 1021 et seq.) execution and legislative branch plan and workplan. officials, the K–16 education system or (2) In determining the quality of the § 611.13 What competitive preference systems, and the business community management plan and workplan, the does the Secretary provide? are directly involved in and committed Secretary considers the following The Secretary provides a competitive to supporting the proposed activities; factors: preference on the basis of how well the (iii) Project goals and performance (i) The extent to which the State’s proposed activities in any one or objectives are clear, measurable management plan and workplan are more of the following statutory outcomes are specified, and a feasible designed to achieve goals and objectives priorities are likely to yield successful plan is presented for meeting them; of the project, and include clearly and sustained results: (iv) The project is likely to initiate or defined activities, responsibilities, (a) Initiatives to reform State teacher enhance and supplement systemic State timelines, milestones, and measurable licensure and certification requirements reforms in one or more of the following outcomes for accomplishing project so that current and future teachers areas; teacher recruitment, preparation, tasks. possess strong teaching skills and licensing, and certification; (ii) The adequacy of procedures to academic content knowledge in the (v) The applicant will ensure that a ensure feedback and continuous subject areas they will be certified or diversity of perspectives are improvements in the operation of the licensed to teach. incorporated into operation of the project. (b) Innovative reforms to hold higher project, including those of parents, (iii) The qualifications, including education institutions with teacher teachers, employers, academic and training and experience, of key preparation programs accountable for professional groups, and other personnel charged with implementing preparing teachers who are highly appropriate entities; and the project successfully. competent in the academic content (vi) The project design in based on areas and have strong teaching skills. (Authority: 20 U.S.C. 1021 et seq.) up-to-date knowledge from research and (c) Innovative efforts to reduce the effective practice. § 611.12 What additional selection criteria shortage (including the high turnover) of (b) Significance. (1) The Secretary are used for an application proposing highly competent teachers in high- considers the significane of the project. teacher recruitment activities? poverty urban and rural areas. (2) In determining the significance of In reviewing applications that (Authority: 20 U.S.C. 1021 et seq.) the project, the Secretary considers the propose to undertake teacher extent to which— recruitment activities, the Secretary also 4. Subpart C, consisting of §§ 611.21 (i) The project involves the considers the following selection through 611.25, is added, reading as development or demonstration of criteria: follows: promising new strategies or exceptional (a) In addition to the elements Subpart CÐPartnership Grants approaches in the way new teachers are contained in § 611.11(a) (‘‘Quality of Program recruited, prepared, certified, or project design’’), the Secretary considers licensed; the extent to which the project § 611.21 What are the program's selection (ii) Project outcomes lead directly to addresses— criteria for pre-applications? improvements in teaching quality and (1) Systemic changes in the ways that In evaluating the quality of pre- student achievement as measured new teachers are to be recruited, applications, the Secretary uses the against rigorous academic standards; supported and prepared; and following selection criteria. (iii) The State is committed to (2) Systemic efforts to recruit, (a) Project goals and objectives. (1) institutionalize the project after federal support, and prepare prospective The Secretary considers the goals and funding ends; and teachers from disadvantaged and other objectives of the project design. (iv) Project strategies, methods, and underrepresented backgrounds. (2) In determining the quality of the accomplishments are replicable, thereby (b) In addition to the elements project goals and objectives, the permitting other States to benefit from contained in § 611.11(b), Secretary considers the following them. (‘‘Significance’’), the Secretary considers factors: (c) Quality of resources. (i) The the applicant’s commitment to continue (i) The partnership’s vision for Secretary considers the quality of the recruitment activities, scholarship producing significant and sustainable project’s resources. assistance, and preparation and support improvements in teacher education.

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(ii) The needs the partnership will § 611.22 What additional selection criteria skills in the use of technology in the address. are used for a pre-application that proposes classroom, with strong academic teacher recruitment activities? (iii) How the partnership and its content from the arts and sciences. activities would be sustained once In reviewing pre-applications that (iii) The extent of well-designed and federal support ends. propose to undertake teacher extensive preservice clinical recruitment activities, the Secretary also experiences for students, including (b) Partnering commitment. (1) The considers the following selection mentoring and other forms of support, Secretary considers the partnering criteria: implemented through collaboration commitment embodied in the project. (a) In addition to the elements between the K–12 and higher education (2) In determining the quality of the contained in § 611.21(a) (‘‘Project goals partners. partnering commitment, the Secretary and objectives’’), the Secretary considers (iv) Whether a well-planned, considers the following factors: the extent to which— systematic induction program is (i) Evidence of how well the (1) The partnership’s vision responds established for new teachers to increase partnership would be able to to LEA needs for a diverse and high their chances of being successful in accomplish objectives working together quality teaching force, and will lead to high-need schools. that its individual members could not reduced teacher shortages in these high (v) The strength of linkages within the accomplish working separately. need LEAs; and partnership between higher education (ii) The significance of the roles given (2) The partnership will sustain its and high need schools or school to each principal partner in work after federal funding has ended by districts so that all partners have implementing project activities. recruiting, providing scholarship important roles in project design, assistance, training and supporting implementation, governance and (c) Quality and comprehensiveness of additional cohorts of new teachers. key project components. (1) The evaluation. (b) In addition to the elements (vi) Whether the project design is Secretary considers the quality and contained in § 611.21(c) (‘‘Quality and based on up-to-date knowledge from comprehensiveness of key project comprehensiveness of key project research and effective practice, components in the process of preparing components’’), the Secretary considers especially on how students learn. new teachers. the extent to which the project will— (b) Significance of project activities. (2) In determining the quality and (1) Significantly improve recruitment (1) The Secretary considers the comprehensiveness of key project of new students, including those from significance of project activities. components in the process of preparing disadvantaged and other (2) In determining the quality of the new teachers, the Secretary considers underrepresented backgrounds; and project design, the Secretary considers the extent to which— (2) Provide scholarship assistance and the following factors: (i) Specific activities are designed and adequate training to preservice students, (i) How well the project involves would be implemented to ensure that as well as induction support for those promising new strategies or exceptional students preparing to be teachers are who become teachers after graduating approaches in the way new teachers are adequately prepared, including from the teacher preparation program. recruited, prepared and inducted into activities designed to ensure that they (c) In addition to the elements the teaching profession. have adequate content knowledge, are contained in § 611.21(d) (‘‘Specific (ii) The extent to which project ″ able to use technology effectively to project outcomes ), the Secretary outcomes include preparing teachers to promote instruction, and participate in considers the extent to which the teach to their State’s highest K–12 extensive, supervised clinical project addresses the number of new standards and that are likely to result in experiences; teachers to be produced and their ability improved K–12 student achievement. (ii) Specific activities are designed to teach effectively in high-need (iii) The extent of the partnership’s and would be implemented to ensure schools. commitment to institutionalize the adequate support for those who have (Authority: 20 U.S.C. 1021 et seq.) project after federal funding ends. (iv) The extent to which the completed the teacher preparation § 611.23 What are the program's general partnership is committed to program during their first years as selection criteria for full applications? disseminating effective practices to teachers; and In evaluating the quality of others and is willing to provide (iii) The project design reflects best applications, the Secretary uses the technical assistance about ways to research and practice. following selection criteria. improve teacher education. (d) Specific project outcomes. (1) The (a) Quality of project design. (1) The (v) How well the partnership will Secretary considers the specific Secretary considers the quality of the integrate its activities with other outcomes the project would produce in project design. education reform efforts underway in the preparation of new teachers. (2) In determining the quality of the the State or communities where the (2) In determining the specific project design, the Secretary considers partners are located, and will coordinate outcomes the project would produce in the following factors: its work with local, State or federal the preparation of new teachers, the (i) The extent of evidence of teacher training, teacher recruitment, or Secretary considers the following institution-wide commitment to high professional development programs. factors: quality teacher preparation that (c) Quality of resources. (1) The (i) The extent to which important includes significant policy and practice Secretary considers the quality of aspects of the partnership’s existing changes supported by key leaders, and resources of project activities. teacher preparation system would which result in permanent changes to (2) In determining the quality of change. ensure that preparing teachers is a resources, the Secretary considers the central mission of the entire university. extent to which— (ii) The quality of the performance (ii) The extent to which the (i) Support available to the project, measures to be used to demonstrate partnership creates and sustains including personnel, equipment, success. collaborative mechanisms to integrate supplies, and other resources, is (Authority: 20 U.S.C. 1021 et seq.) professional teaching skills, including sufficient to ensure a successful project;

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(ii) Budgeted costs are reasonable and support of additional cohorts of new (c) Quality of key project components. justified in relation to the design, teachers. (1) The Secretary considers the quality outcomes, and potential significance of (c) In addition to the elements of key project components. the project; and contained in § 611.23(c) (‘‘Quality of (2) In determining the quality of key (iii) The applicant’s matching share of resources’’), the Secretary considers the project components, the Secretary the budgeted costs demonstrates a impact of the project on high-need LEAs considers the following factors: significant commitment to successful and high-need schools based upon— (i) The extent to which the project completion of the project and to project (1) The amount of scholarship would make significant and lasting continuation after federal funding ends. assistance the project will provide systemic changes in how the applicant (d) Quality of management plan and students from federal and non-federal recruits, trains, and supports new workplan. (1) The Secretary considers funds; teachers, and reflect knowledge gained the quality of the management plan and (2) The number of students who will from research and practice. workplan. receive scholarships; and (ii) The extent to which the project would be implemented in ways that (2) In determining the quality of the (3) How those students receiving significantly improve recruitment, management plan, the Secretary scholarships will benefit from high- scholarship assistance to preservice considers the following factors: quality teacher preparation and an students, training, and induction (i) The extent to which the effective support system during their support for new entrants into teaching. management plan and workplan are first three years of teaching. designed to achieve goals and objectives (d) Specific project outcomes. (1) The (Authority: 20 U.S.C. 1021 et seq.) of the project, and include clearly Secretary considers the specific defined activities, responsibilities, § 611.25 What competitive preference outcomes the project would produce in timelines, milestones, and measurable does the Secretary provide? the recruitment, preparation, and outcomes for accomplishing project placement of new teachers. The Secretary provides a competitive (2) In determining the specific tasks. preference on the basis of how well the outcomes the project would produce in (ii) The extent to which the project includes a significant role for the recruitment, preparation, and management plan and workplan reflect private business in the design and placement of new teachers, the an effective, inclusive, and responsive implementation of the project. Secretary considers the following governance and decision-making (Authority: 20 U.S.C. 1021 et seq.) factors: structure that will permit all partners to (i) The number of teachers to be 5. Subpart D, consisting of §§ 611.31 participate in and benefit from project produced and the quality of their and 611.32, is added, reading as follows: activities, and to use evaluation results preparation. to ensure continuous improvements in (ii) The partnership’s or State’s the operations of the project. Subpart DÐTeacher Recruitment Grants Program commitment to sustaining the work of (iii) The qualifications, including the project after federal funding has training and experience, of key § 611.31 What are the program's selection ended by recruiting, providing personnel charged with implementing criteria for pre-applications? scholarship assistance, training, and the project successfully. In evaluating pre-applications, the supporting additional cohorts of new (Authority: 20 U.S.C. 1021 et seq.) Secretary considers the following teachers. § 611.24 What additional selection criteria criteria: (Authority: 20 U.S.C. 1021 et seq.) are used for a full application that proposes (a) Project goals and objectives. (1) § 611.32 What are the program's general teacher recruitment activities? The Secretary considers the goals and section criteria? In reviewing full applications that objectives of the project design. (2) In determining the quality of the In evaluating the quality of full propose to undertake teacher applications, the Secretary uses the recruitment activities, the Secretary also project goals and objectives, the Secretary considers how the partnership following selection criteria. considers the following selection (a) Quality of the project design. (1) or State applicant intends to— criteria: The Secretary considers the quality of (i) Produce significant and sustainable (a) In addition to the elements the project design for ensuring that improvements in teacher recruitment, contained in § 611.23(a) (‘‘Quality of activities to recruit and prepare new preparation, and support. project design’’), the Secretary considers teachers are a central mission of the the extent to which the project reflects— (ii) Reduce teacher shortages in high- project. (1) A commitment to recruit, support need LEAs and schools, and improve (2) In considering the quality of the and prepare additional well-qualified student achievement in the schools in project design for ensuring that new teachers for high need schools; which teachers who participate in its activities to recruit and prepare new (2) Appropriate academic and student project will teach. teachers are a central mission of the support services; and (b) Partnership commitment. (1) The project, the Secretary considers the (3) A well-considered strategy for Secretary considers the partnering extent to which the project design— addressing shortages of well-qualified commitment embodied in the project. (i) Shows evidence of institutional or and well-trained teachers in high-need (2) In determining the quality of the (in the case of a State applicant) State- LEAs, especially teachers from partnering commitment, the Secretary level commitment both to recruitment of disadvantaged and other unrepresented considers the following factors: additional new teachers, and to high- backgrounds. (i) What the partnership, or State and quality teacher preparation that (b) In addition to the elements its partners, can accomplish by working includes significant policy and practice contained in § 611.23(b) (‘‘Significance together that could not be achieved by changes supported by key leaders that of project activities’’), the Secretary working separately. result in permanent changes to current considers the extent to which the (ii) How the project proposed by the institutional practices; project promotes the recruitment, partnership or State is driven by the (ii) Creates and sustains collaborative scholarship assistance, preparation, and needs of LEA partners. mechanisms to integrate professional

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(a)(1) Each State receiving a grant school of arts and sciences; (2) In determining the quality of the under the State Grants Program or (iii) Includes well-designed academic project’s resources, the Secretary Teacher Recruitment Grants Program and student support services as well as considers the extent to which— must provide, from non-federal sources, carefully planned and extensive (i) The amount of support available to an amount equal to 50 percent of the preservice clinical experiences for the project, including personnel, amount of the grant to carry out the students, including mentoring and other equipment, supplies, student activities supported by the grant forms of support, that are implemented scholarship assistance, and other (2) The 50 percent match required by through collaboration between the K–12 resources is sufficient to ensure a paragraph (a)(1) of this section must be and higher education partners; successful project. made annually during the project (iv) Includes establishment of a well- (ii) Budgeted costs are reasonable and period, with respect to each grant award planned, systematic induction program justified in relation to the design, the State receives. for new teachers that increases their outcomes, and potential significance of (b) Each partnership receiving a grant chances of being successful in high- the project. under the Partnership Grant Program or need schools; (iii) The applicant’s matching share of the Teacher Recruitment Grant Program (v) Includes strong linkages among the budgeted costs demonstrates a must provide, from non-federal sources, partner institutions of higher education significant commitment to successful an amount equal to— and high-need schools and school completion of the project, and to project (1) 25 percent of the grant award for districts (or, in the case of a State continuation after federal funding ends. the first year of the grant; (d) Quality of management plan and applicant, between the State and these (2) 35 percent of the grant award for workplan. (1) The Secretary considers entities in its project), so that all those the second year of the grant; and the quality of the project’s management who would implement the project have (3) 50 percent of the grant award for plan and workplan. important roles in project design, each succeeding year of the grant. implementation, governance, and (2) In determining the quality of the management plan and workplan, the (c) The match from non-federal evaluation; sources required by paragraphs (a) and (vi) Responds to the shortages of well- Secretary considers the following factors: (b) of this section may be made in cash qualified and well-trained teachers in or in kind. high-need school districts, especially (i) The extent to which the from disadvantaged and other management plan and workplan are (Authority: 20 U.S.C. 1021 et seq.) underrepresented backgrounds; and designed to achieve goals and objectives [FR Doc. 00–2722 Filed 2–10–00; 8:45 am] of the project, and include clearly (vii) Is based on up-to-date knowledge BILLING CODE 4000±01±M from research and effective practice. defined activities, responsibilities, (b) Significance. (1) The Secretary timelines, milestones, and measurable outcomes for accomplishing project considers the significance of the project. LIBRARY OF CONGRESS (2) In determining the significance of tasks. the project, the Secretary considers the (ii) The extent to which the project Copyright Office extent to which— has an effective, inclusive, and (i) The project involves promising responsive governance and 37 CFR Part 201 new strategies or exceptional decisionmaking structure that will approaches in the way new teachers are permit all partners to participate in and [Docket No. RM 2000±2] recruited, prepared, and inducted into benefit from project activities, and to the teaching profession; use evaluation results to continuously Cable Compulsory License; Definition (ii) Project outcomes include improve project operations. of a Network Station (iii) The qualifications, including measurable improvements in teacher AGENCY: Copyright Office, Library of training and experience, of key quality and in the number of well- Congress. prepared new teachers, and that are personnel charged with implementing ACTION: Notice of inquiry. likely to result in improved K–12 the project successfully. student achievement; (Authority: 20 U.S.C. 1021 et seq.) SUMMARY: The Copyright Office of the (iii) The project will be 6. Subpart F is revised to read as Library of Congress is opening a institutionalized after federal funding follows: rulemaking proceeding to determine the ends, including recruitment, scope and application of the definition scholarship assistance, preparation, and Subpart FÐOther Grant Conditions of a network station under the cable support of additional cohorts of new statutory license of the Copyright Act. teachers; § 611.61 What is the maximum indirect DATES: Initial comments should be (iv) The project will disseminate cost rate that applies to a recipient's use of received no later than April 11, 2000. effective practices to others, and to program funds? Reply comments are due by May 11, provide technical assistance about ways Notwithstanding 34 CFR 75.560 2000. to improve teacher recruitment and through 75.562 and 34 CFR 80.22, the preparation; and maximum indirect cost rate that any ADDRESSES: If sent by mail, an original (v) The project will integrate its recipient of funds under the Teacher and twelve copies of comments and activities with other education reform Quality Enhancement Grants Program reply comments should be addressed to: activities underway in the State or may use to charge indirect costs to these Office of the Copyright General Counsel, communities in which the project is funds is the lesser of— PO Box 70977, Southwest Station, based, and will coordinate its work with (a) The rate established by the Washington, DC 20024. If hand local, State, and federal teacher negotiated indirect cost agreement; or delivered, an original and twelve copies recruitment, training, and professional (b) Eight percent. of comments and reply comments development programs. (Authority: 20 U.S.C. 1021 et seq.) should be brought to: Office of the

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Copyright General Counsel, James which cable systems are reluctant to sufficient? What constitutes transmitting Madison Memorial Building, Room LM– pay. Consequently, the signal will not a ‘‘substantial’’ portion of the 403, First and Independence Avenue, be carried. However, if the station is programming offered by a network? Is SE, Washington, DC 20559–6000. designated as a network station, carriage fifty percent enough, or is more or less FOR FURTHER INFORMATION CONTACT: of the station becomes considerably required? Does the programming David O. Carson, General Counsel, or more attractive to a cable system supplied by the network have to be first- William J. Roberts, Jr., Senior Attorney because the associated royalty fees are run or original programming, or is for Compulsory Licenses, PO Box considerably lower. syndicated programming permissible? 70977, Southwest Station, Washington, The issue of what is a network station What constitutes a ‘‘substantial’’ portion DC 20024. Telephone: (202) 707–8380. has arisen intermittently through the of a station’s typical broadcast day? It is Fax: (202) 707–8366. years on an informal basis. When the these questions, and the ones described SUPPLEMENTARY INFORMATION: Copyright Act passed in 1976, it was below, to which the Copyright Office clear that the only stations that qualified seeks public comment in this Notice of Background as network stations under the section Inquiry. When is a television station a network 111 license were those owned and station? That is the question for which operated, or affiliated with, the ‘‘Big 3’’ Petition of Paxson Paxson Communications Corp. networks: ABC, CBS, and NBC. The Paxson provides television (‘‘Paxson’’) has petitioned the Copyright Copyright Office received several programming over the PaxTV Television Office for an answer and to which this informal inquiries from cable systems Network (‘‘PaxTV’’) to over sixty owned rulemaking proceeding is directed. during the early 1990’s regarding the and operated and affiliated television The cable statutory license of the status of the Fox network, but the Office broadcast stations. According to Paxson, Copyright Act, 17 U.S.C. 111, provides declined to rule that Fox was a network its owned and operated and affiliate a licensing regime for the retransmission for purposes of the section 111 license. stations satisfy all three of the criteria of broadcast stations by cable systems. Paxson is the first broadcaster to come for a ‘‘network station’’ under section Whether a particular station is a forward and formally petition the Office 111. ‘‘network’’ station or not is critical to for a ruling. First, Paxson submits that PaxTV is a the calculation of royalty payments by Definition of a Network Station television network because it provides cable systems for retransmission of that nationwide transmissions of PaxTV station because the cable statutory Section 111(f) of title 17 contains the programming. PaxTV is carried on license only gathers royalties for the statutory definition of a network station. stations in 34 states and the District of retransmission of nonnetwork broadcast It provides: Columbia, all of which are either owned programming. In applying the royalty A ‘‘network station’’ is a television and operated by, or are primary payment formula, cable systems pay a broadcast station that is owned or operated affiliates of, PaxTV. full distant signal equivalent (‘‘DSE’’) by, or affiliated with, one or more of the Second, Paxson asserts that its for retransmission of an independent, television networks in the United States stations carry a substantial portion of nonnetwork station because it is providing nationwide transmissions, and that transmits a substantial part of the the programming provided by PaxTV presumed that all the programming programming supplied by such networks for because its contracts with these stations contained on the signal of that station is a substantial part of that station’s typical require that PaxTV programming be not network-provided programming. broadcast day. broadcast a minimum of 18 hours daily. However, cable systems must only pay 17 U.S.C. 111(f). And third, as a result of this one-quarter of a DSE for retransmission requirement, Paxson submits that each Examination of this definition reveals of a network station, because it is of its stations meets the requirement of that there are three critical elements to presumed that only one-quarter of the transmitting PaxTV programming for a the qualification of a broadcast station programming contained on the signal of ‘‘substantial part’’ of each station’s as a network station. The broadcast a network station is nonnetwork ‘‘typical broadcast day.’’ station must be owned and operated by, programming. Consequently, as a In addition to meeting the three or affiliated with, one or more of the general principle, a cable system can criteria, Paxson notes that the Copyright U.S. television networks that provide carry four network stations for the cost Office has previously stated that, in nationwide transmissions; must of one independent station.1 This addition to the Big 3, there could be a transmit a substantial portion of the distinction in the classification of fourth network for purposes of the programming supplied by the network; stations is important to both cable section 111 license provided that the and the programming supplied by the systems and copyright owners: cable statutory criteria were met. Letter from network must constitute a substantial systems, because it affects their costs; Dorothy Schrader, General Counsel, to portion of the station’s typical broadcast and copyright owners because it Thomas Hendrickson (November 13, day. There has never been any question determines how much money will be in 1981). Paxson also cites a passage from that stations of the Big 3 networks the cable royalty pool. the 1976 House report accompanying satisfy these requirements, and the Whether a station is a ‘‘network the Copyright Act as further proof that Copyright Office has always treated a station’’ also affects matters related to networks in addition to the Big 3 were station of one of these networks as a cable carriage. Most cable systems contemplated under section 111: throughout the United States have filled network station for purposes of section To qualify as a network station, all of the their quotas of permitted distant signals. 111. Nevertheless, the specific meaning of conditions of the definition must be met. If a new independent station seeks these three elements is far from clear. Thus, the retransmission of a Canadian carriage on a typical cable system, such For example, what are ‘‘nationwide’’ station affiliated with a Canadian network carriage will trigger the 3.75% royalty would not qualify under the definition. transmissions? Does there have to be a fee for nonpermitted distant signals Further, a station affiliated with a regional station of a particular ‘‘network’’ in network would not qualify, since a regional 1 The actual cost of such carriage can vary every state or television market in order network would not provide nationwide depending upon the royalty rate applicable to to qualify that organization as a transmissions. However, a station affiliated carriage of each station. network, or is something less than that with a network providing nationwide

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No. 94–1476, at 101 (1976). should broadcasters and cable operators mean coverage in a certain number of have input as to the determination? In conclusion, Paxson requests that television markets, or is it solely a Finally, there is the matter of the the Copyright Office declare that geographical matter? For example, stations owned and operated by, or Paxson petition, which is the source of would coverage of the top twenty this rulemaking proceeding. We do not affiliated with, PaxTV be declared television markets constitute network stations under section 111, and believe that the question of PaxTV’s ‘‘nationwide’’ transmissions because network status can be reached until a that cable systems carrying PaxTV cities on both coasts and a portion of the stations be permitted to report and pay method for determining when a station interior of the United States are is a network station is established. for such stations as network stations. covered? Or does ‘‘nationwide’’ mean Nevertheless, the Paxson petition is greater, or perhaps even less, coverage? This Proceeding useful to creating such a methodology, Does the section 119 definition of a and PaxTV stations will undoubtably be Since the implementation of the network station, which provides that the the first to which the new regulation is section 111 license in 1978, the network must offer an interconnected applied. The Office has already Copyright Office has treated a broadcast program service with at least 15 hours identified above the number of hours of station that is owned and operated by, per week of network programming to at network programming carried daily by or affiliated solely with, one of the Big least 25 stations in 10 or more states, PaxTV stations. The Appendix to this 3 networks as a ‘‘network station’’ for offer any guidance, and, if so, on what Notice contains a list (provided by section 111 purposes. All other stations grounds? have been treated as independents, The second and third criteria refer to Paxson) identifying the stations of the including those that have dual the individual station and both contain Paxson network, their market location, affiliations with broadcasters other than the word ‘‘substantial.’’ The second and Paxson’s ownership interest. 2 the Big 3. As a matter of policy, the criterion states that the broadcast station Commenters are encouraged to use this Office has never questioned the network must transmit a substantial part of information in addressing the status of a broadcast station identified as programming supplied by the network. fundamental issue of when is a a CBS, ABC, or NBC station. It has The obvious question is, what is a television station a network station. always been assumed that such a station ‘‘substantial’’ amount? Is it 50 percent, In addition, after rules have been automatically took a substantial portion or something more or perhaps even less? adopted for determining network station of the network’s programming and that The definition of a ‘‘full network status, there is the matter of how the that programming made up a substantial station’’ in the Federal Communications Office should treat other putative portion of the station’s typical broadcast Commission’s 1976 cable rules provides broadcast networks, such as the Fox, day. There could be cases, however, that a full network must transmit 85 United Paramount, and Warner Brothers where such a station does not take a percent of the weekly prime time hours networks? One possible approach is a sufficient amount of network offered by the network. 47 CFR 76.5. case-by-case basis whereby each of these programming. The Office has never Does this provision offer any guidance, networks is afforded the opportunity to inquired and has accepted the and, if so, on what grounds? petition the Office for a determination of delineation of network station at face The third criterion provides that the network status, such as Paxson has value for stations in the CBS, ABC, and amount of network programming taken done. Is this appropriate, or should NBC networks. It appears now that with by the station must constitute a cable operators who carry such stations the changing television marketplace, ‘‘substantial’’ portion of the station’s be allowed to petition the Office as and with the petition of Paxson, the typical broadcast day. Once again, what well? Must each petition be addressed Office must reevaluate its approach does ‘‘substantial’’ mean? Can some through a notice and comment before it can declare whether there are percentage or number of hours be rulemaking proceeding, or is there some any new networks and network stations. determined to provide a bright-line test To that end, the Office is opening this other procedure that is permissible or as to what is substantial and what is desirable? rulemaking proceeding to consider what not? Furthermore, can a station which makes a broadcast station a ‘‘network carries all or most of the prime time The Office encourages responses to station’’ for purposes of section 111. As programming offered by a network the questions posed in this Notice of noted above, there are considerable satisfy the ‘‘substantial’’ requirement, Inquiry, as well as any other comments questions related to the three criteria of regardless of what it carries at other relevant to the issues raised. the definitional provision which require hours of the day? Dated: February 4, 2000. resolution before the Office can If, after reviewing the responses to Marybeth Peters, determine whether there are more or these questions, the Copyright Office is Register of Copyrights. less network stations under section 111. able to fashion a test for determining The first criterion of the definition when a particular station is a network Note: This Appendix will not be Codified focuses on the status of the television station, how should such a test be in Title 37, Part 201, of the Code of Federal implemented? Can the Office continue Regulations. 2 For example, a station that is affiliated with ABC to assume that a station that is solely The following table lists the owned, and Fox would not be considered a network station because the Office has not determined that Fox is affiliated with, or owned and operated operated or affiliated stations airing PAX TV a network under section 111. by, one of the Big 3 networks is still a programming.

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PAX TV DISTRIBUTION

Rank and market name Call letters Station ownership interest

1 New York ...... WPXN Owned & Operated. 1 New York ...... WBPT Do. 2 Los Angeles ...... KPXN Do. 3 Chicago ...... WCPX Do. 4 Philadelphia ...... WPPX Do. 5 -Oakland ...... KKPX Do. 6 Boston ...... WBPX Affiliated. 6 Boston ...... WPXB Owned & Operated. 7 Dallas-Ft.Worth ...... KPXD Do. 8 Washington, D.C...... WPXW Do. 8 Washington, D.C...... WWPX Affiliated. 9 Detroit ...... WPXD Owned & Operated. 10 Atlanta ...... WPXA Do. 11 Houston ...... KPXB Do. 12 Seattle-Tacoma ...... KWPX Do. 13 Cleveland ...... WVPX Do. 14 Tampa-St. Petersburg ...... WXPX Do. 15 Minneapolis-St. Paul ...... KPXM Do. 16 Miami-Ft. Lauderdale ...... WPXM Do. 17 Phoenix ...... KBPX Do. 17 Phoenix ...... KPPX AffiliateÐPending Owned & Operated. 18 Denver ...... KPXC Owned & Operated. 20 Sacramento-Stockton-Modesto ...... KSPX Pending Owned & Operated.1 21 St. Louis ...... WPXS Affiliated. 22 Orlando-Daytona Beach ...... WOPX Owned & Operated. 23 Portland, OR ...... KPXG Do. 25 Indianapolis ...... WIPX Affiliated. 27 Hartford & New Haven ...... WHPX Do. 29 Raleigh-Durham ...... WRPX Do. 29 Raleigh-Durham ...... WFPX Owned & Operated. 30 Nashville ...... WNPX Do. 32 Cincinnati ...... 33 Kansas City ...... KPXE Do. 36 Salt Lake City ...... KUPX TBAÐPending Owned & Operated.1 36 Salt Lake City ...... KUWB Owned & Operated. 37 Grand Rapids-Kalamazoo ...... WZPX Affiliated. 38 San Antonio ...... KPXL Pending Owned & Operated.1 39 Birmingham-Tuscaloosa ...... WPXH Owned & Operated. 40 Norfolk-Portsmouth ...... WPXV Do. 41 New Orleans ...... WPXL Pending Owned & Operated.1 42 Buffalo ...... 43 Memphis ...... WPXX Pending Owned & Operated. 44 West Palm Beach-Ft. Pierce ...... WPXP Owned & Operated. 45 Oklahoma City ...... KOPX Owned & Operated.1 47 Greensboro-H. Point ...... WGPX Owned & Operated. 48 Louisville ...... 49 Albuquerque-Santa Fe ...... KAPX Do. 50 Providence-New Bedford ...... WPXQ Do. 51 Wilkes-Barre-Scranton ...... WQPX Do. 53 Albany-Schenectady-Troy ...... WYPX Do. 54 Dayton ...... WDPX Do. 55 Fresno-Visalia ...... KPXF Do. 57 Little Rock-Pine Bluff ...... KYPX Pending Owned & Operated.1 58 Charleston-Huntington ...... WLPX Owned & Operated. 59 Tulsa ...... KTPX Do. 62 Mobile-Pensacola ...... 63 Knoxville ...... WPXK Do. 67 Lexington ...... 68 Roanoke-Lynchburg ...... WPXR Do. 69 Green Bay-Appleton ...... WPXG Do. 70 Des Moines-Ames ...... KFPX Do. 71 Honolulu ...... KPXO Do. 74 Syracuse ...... WSPX Do. 75 Shreveport ...... KPXJ Do. 82 Champaign & Springfield ...... WPXU Do. 88 Cedar Rapids-Waterloo ...... KPXR Do. 105 Greenville-N. Bern-Washington ...... WEPX Do. NR San Juan/Ponce/San Sebastian, Puerto Rico ...... WJPX Do. 1 To be acquired.

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[FR Doc. 00–3237 Filed 2–10–00; 8:45 am] SUMMARY: EPA will conduct a public which are being examined for the BILLING CODE 1410±31±P meeting on the upcoming Metal MP&M regulation include the following: Products and Machinery proposed Aerospace; Aircraft; Bus & Truck; rulemaking on March 3, 2000, from 9:30 Electronic Equipment; Hardware; POSTAL SERVICE a.m. to 12:30 p.m. Household Equipment; Instruments; The Office of Science and Technology Metal Finishing and Electroplating Job 39 CFR Part 111 within EPA’s Office of Water is holding Shops; Mobile Industrial Equipment; the public meeting in order to inform all Motor Vehicles; Office Machines; Loading Requirements for PVDS interested parties of the current status of Ordnance; Precious and Non-precious Mailings the Metal Products and Machinery Metals; Railroad; Ships & Boats; AGENCY: Postal Service. (MP&M) effluent guideline. EPA intends Stationary Industrial Equipment; to propose effluent limitations ACTION: Proposed rule; extension of Printed Circuit Boards; and Other Metal guidelines and standards for the MP&M comment period. Products. The meeting will provide an industrial category in October 2000. The update on the development of the SUMMARY: The Postal Service published meeting is intended to be a forum in proposed rule to interested parties. EPA in the Federal Register (64 FR 72044– which EPA can report on the status of will provide an overview of the 45) a proposed revision to the Domestic the rulemaking and interested parties development of the regulation including Mail Manual to require that if can provide information and ideas to a discussion of the data collection Periodicals mail is on the same vehicle the Agency on key technical, economic, efforts, the potential treatment as Standard Mail prepared for Plant and implementation issues. technology options, the potential Verified Drop Shipment (PVDS), then The meeting is open to the public, subcategorization of industry segments, the Periodicals mail must be loaded and limited seating for the public is and the schedule for the MP&M toward the tail end of the vehicle so available on a first-come, first-served rulemaking. The meeting will not be that, for each destination entry, basis. For information on the location recorded by a reporter or transcribed for Periodicals mail can be offloaded first. and directions, see the ADDRESSES inclusion in the record for the MP&M The Postal Service is extending the section below. rulemaking. comment period for this proposed rule. DATES: EPA will conduct a public Documents related to the topics DATES: Comments must be received on meeting on the upcoming Metal mentioned above and a more detailed or before March 15, 2000. Products and Machinery proposed agenda will be available at the meeting. ADDRESSES: Written comments should rulemaking on March 3, 2000, from 9:30 For those unable to attend the meeting, be mailed or delivered to the Manager, a.m. to 12:30 p.m. a document summary will be available Mail Preparation and Standards, U.S. ADDRESSES: The Metal Products and following the meeting and can be Postal Service, 475 L’Enfant Plaza SW, Machinery public meeting will be held obtained by an e-mail or telephone Room 6800, Washington DC 20260– at the National Wildlife Visitor Center request to Shari Barash at the previously 2405. Fax: (202) 268–4336. Copies of all Auditorium of the Patuxent Research mentioned address. written comments will be available for Refuge, 10901 Scarlet Tanager Loop, Dated: February 7, 2000. inspection and photocopying at USPS Laurel, MD (301) 497–5760; ‘‘http:// Geoffrey H. Grubbs, www.prr.r5.fws.gov/vclocation.html’’. Headquarters Library, 475 L’Enfant Director, Office of Science and Technology. Plaza SW, 11th Floor N, Washington DC Directions are as follows: From [FR Doc. 00–3215 Filed 2–10–00; 8:45 am] 20260–1540 between 9 a.m. and 4 p.m., Washington, D.C. take Baltimore- Monday through Friday. Washington Parkway North (I–295N) to BILLING CODE 6560±50±P FOR FURTHER INFORMATION CONTACT: the Powder Mill Road exit. Turn right Lynn Martin, (202) 268–6351 or Anne (East) onto Powder Mill Road. Go 1.9 FEDERAL COMMUNICATIONS Emmerth, (202) 268–2363. miles and turn right into Visitor Center entrance (Scarlet Tanager Loop). Go 1.3 COMMISSION Stanley F. Mires, miles to parking lot. From Baltimore 47 CFR Part 25 Chief Counsel, Legislative. take Baltimore/Washington Parkway [FR Doc. 00–3158 Filed 2–10–00; 8:45 am] South (I–295S) to the Powder Mill Road [DA 00±222; Docket No. 99±81; RM±9328] BILLING CODE 7710±12±P exit. Turn left (East) onto Powder Mill Road. Go 1.9 miles and turn right into Authorization of 2 GHz Mobile Satellite Visitor Center entrance (Scarlet Tanager Service Systems ENVIRONMENTAL PROTECTION Loop). Go 1.3 miles to parking lot. AGENCY: Federal Communications AGENCY FOR FURTHER INFORMATION CONTACT: Commission. Shari Barash, Office of Water (4303), 40 CFR Parts 445 ACTION: Proposed Rules: Supplemental 1200 Pennsylvania Avenue, NW, Comments. [FRL 6535±5] Washington, DC 20460; telephone (202) 260–7130; email: [email protected]. SUMMARY: By this Public Notice, the Effluent Limitations Guidelines, SUPPLEMENTARY INFORMATION: EPA is Chief of the Federal Communications Pretreatment Standards, and New developing proposed effluent Commission’s International Bureau Source Performance Standards for the limitations guidelines and standards for seeks supplemental comment on Metal Products and Machinery Point the MP&M Point Source Category under authorizing 2 GHz Mobile Satellite Source Category; Announcement of authority of the Clean Water Act (33 Service (MSS) systems using a Meeting U.S.C. 1251 et. seq.). The MP&M processing alternative that combines AGENCY: Environmental Protection effluent limitations guidelines and elements of the traditional band Agency (EPA). standards proposal will apply to arrangement with the negotiated entry facilities that manufacture, rebuild, or approach. This alternative is intended to ACTION: Notice; announcement of maintain finished metal parts, products, provide incentives for MSS operators to meeting. or machines. The 18 industrial sectors expedite implementation of their

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We seek comment on these ADDRESSES: Send Supplemental Specifically, we seek additional modifications to the traditional band Comments to the Commission’s comment on a hybrid processing arrangement and negotiated entry Secretary, Magalie Roman Salas, Office alternative, combining elements of the approach, and on implementing this of the Secretary, Federal traditional band arrangement with the hybrid spectrum assignment Communications Commission, 445 12th negotiated entry approach. This new methodology. We also seek comment on Street, SW, TW–A325, Washington, DC alternative is intended to provide whether these modifications would 20554. See Supplementary Information incentives for MSS operators to expedite serve the public interest by providing for information about electronic filing. implementation of their systems, while additional incentives for MSS operators FOR FURTHER INFORMATION CONTACT: maximizing their flexibility during the to expedite implementation of their Chris Murphy, Satellite Policy Branch, incumbent relocation process.7 systems. (202) 418–2373, or Howard Griboff, In this alternative methodology, the Procedural Matters Satellite Policy Branch, at (202) 418– Commission would subdivide the 2 GHz Pursuant to §§ 1.415 and 1.419 of the 0657. MSS uplink and downlink bands into distinct segments of equal bandwidth, Commission’s rules, 47 CFR 1.415, SUPPLEMENTARY INFORMATION: In the 2 with each segment representing an 1.419, interested parties may file GHz MSS Notice, the Commission operator’s ‘‘home’’ spectrum assignment Supplemental Comments limited to the sought comment on four spectrum in the band. Rather than assigning each issues addressed in this Public Notice assignment methodologies that could segment according to system design, as no later than February 17, 2000. In view accommodate all nine Mobile Satellite proposed in the traditional band of the pendency of this proceeding, we Service (MSS) systems proposed in the arrangement, each operator would be expect to adhere to the schedule set 1990–2025/2165–2200 MHz frequency permitted to select from the then- forth in this Public Notice and do not 1 bands (2 GHz MSS). The first is a available spectrum segments by contemplate granting extensions of time. ‘‘flexible band arrangement,’’ in which submitting a request for its desired Supplemental Comments should reference IB Docket No. 99–81 and the Commission would grant each assignment once the first satellite in its should include the DA number shown proposed system 2.5 MHz in uplink and system reaches its intended orbit. This on this Public Notice. Supplemental downlink spectrum, group systems in mechanism is designed to provide Comments may be filed using the segments based on the particular market-based incentives for MSS Commission’s Electronic Comment technology used, and provide expansion operators to implement service quickly, Filing System (ECFS).8 Supplemental spectrum between the assigned since early entry may determine Comments filed through the ECFS can segments for additional system whether a system can choose its 2 be sent as an electronic file via Internet requirements. In the second option, preferred ‘‘home’’ segment. to http://www.fcc.gov/e-file/ecfs.html. called the ‘‘negotiated entry’’ approach, In addition to authorizing each system In completing the transmittal screen, the Commission would license all to a ‘‘home’’ spectrum segment, the parties responding should include their proposed systems across the entire band Commission would authorize each full name, mailing address, and the and allow the operators themselves to satellite operator to provide service applicable docket number, IB Docket coordinate their operations, with the anywhere in the 2 GHz MSS spectrum, Commission being available to resolve No. 99–81. subject to inter-system coordination. In In the 2 GHz MSS Notice, the disputes.3 In the third proposal, the this regard, this part of the proposal is ‘‘traditional band arrangement,’’ the Commission presented an Initial similar to the negotiated entry approach Regulatory Flexibility Analysis,9 as Commission would divide the spectrum proposed in the 2 GHz MSS Notice. The equally and assign or designate the required by the Regulatory Flexibility primary differences, however, are that Act (RFA).10 If commenters believe that spectrum blocks to the proposed under the new approach, operators systems using system design as a the proposals discussed in this Public would be permitted to use spectrum Notice require additional RFA analysis, function of spectrum allocation (i.e., a outside their ‘‘home’’ assignment only CDMA–NGSO block, a TDMA–GSO they should include a discussion of on a secondary basis with respect to these issues in their Supplemental block, etc.).4 The fourth option other MSS operators, and an operator’s proposed to auction licenses in the Comments. total spectrum use would be limited to For ex parte purposes, this proceeding event that none of the preceding three the same amount of spectrum that is continues to be a ‘‘permit-but-disclose’’ options is viable.5 The Commission also authorized in the ‘‘home’’ segment. In proceeding, in accordance with reserved the option of adopting a hybrid the event that a later entrant selects § 1.1200(a) of the Commission’s rules, solution arising from the options spectrum for its ‘‘home’’ assignment that 6 and is subject to the requirements set described. is being used by an earlier entrant, the forth in § 1.1206(b) of the Commission’s earlier entrant would be required to rules. 1 The Establishment of Policies and Service Rules move to other available spectrum or for the Mobile Satellite System in the 2 GHz Band, return to its ‘‘home’’ spectrum 8 IB Docket No. 99–81, Notice of Proposed See Electronic Filing of Documents in Rulemaking, 14 FCC Rcd 4843, 4857–64 paras. 26– assignment. This part of the proposal is Rulemaking Proceeding, 63 FR 24121 (May 1, 1998). 9 48 (1999); 64 FR 16880 (April 7, 1999) (2 GHz MSS designed to allow systems to begin 2 GHz MSS Notice, 14 FCC Rcd at 4895–97, Notice). Section V.B. providing service in any available 10 2 Id. at 4858–61 paras. 31–39. See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et. seq., has been amended by the Contract With 3 Id. at 4861–62 paras. 40–43. 7 See id. at 4892 paras. 112–113 (seeking America Advancement Act of 1996, Public Law No. 4 Id. at 4863 paras. 44–45. comment on how incumbent relocation may affect 104–121, 110 Stat. 847 (1996) (CWAAA). Title II of 5 Id. at 4863–64 paras. 46–48. the ultimate choice of 2 GHz MSS spectrum the CWAAA is the Small Business Regulatory 6 Id. at 4858 paras. 30. assignment methods). Enforcement Fairness Act of 1996 (SBREFA).

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For further information, please confirmation from the system that we oviposition (egg laying) (Pearson 1988). contact: Chris Murphy, Satellite Policy have received your e-mail message, It is not known at this time how many Branch, (202) 418–2373, or Howard contact us directly by calling our eggs the Ohlone tiger beetle female lays, Griboff, Satellite Policy Branch, at (202) Carlsbad Fish and Wildlife Office at but other species of Cicindela are 418–0657. phone number 805/644–1766. known to lay between 1 and 14 eggs per (3) You may hand-deliver comments female (mean range 3.7 to 7.7), List of Subjects in 47 CFR Part 25 to our Ventura Fish and Wildlife Office, depending on the species (Kaulbars and Satellites. 2493 Portola Road, Suite B, Ventura, Freitag 1993). After the larva emerges Federal Communications Commission. California 93003. from the egg and becomes hardened, it Anna M. Gomez, FOR FURTHER INFORMATION CONTACT: enlarges the chamber that contained the Deputy Chief, International Bureau. Colleen Sculley, invertebrate biologist, egg into a tunnel (Pearson 1988). Before pupation (transformation process from [FR Doc. 00–3332 Filed 2–10–00; 8:45 am] Ventura Fish and Wildlife Office, at the larva to adult), the third instar larva will BILLING CODE 6712±01±P above address (telephone 805/644–1766; facsimile 805/644–3958). plug the burrow entrance and dig a SUPPLEMENTARY INFORMATION: chamber for pupation. After pupation, the adult tiger beetle will dig out of the DEPARTMENT OF THE INTERIOR Background soil and emerge. Reproduction may Fish and Wildlife Service The Ohlone tiger beetle (Cicindela either begin soon after emergence or be ohlone) is a member of the Coleopteran delayed (Pearson 1988). 50 CFR Part 17 family Cicindelidae (tiger beetles), Tiger beetles are a well-studied which includes over 2,000 species taxonomic group with a large body of RIN 1018±AF89 worldwide and over 100 species in the scientific literature; the journal United States (Pearson and Cassola Cicindela is devoted exclusively to tiger Endangered and Threatened Wildlife beetles. Scientists have studied the and Plants; Proposed Endangered 1992). Tiger beetles are day-active, predatory insects that prey on small diversity and ecological specialization Status for the Ohlone Tiger Beetle of tiger beetles, and amateur collectors (Cicindela ohlone) arthropods. Because many tiger beetles often feed on insect species that are have long been attracted by their bright AGENCY: Fish and Wildlife Service, injurious to man and crops, they are coloration and swift movements. Tiger Interior. regarded as beneficial (Pearson and beetle species occur in many different ACTION: Proposed rule. Cassola 1992; Nagano 1982). Adult tiger habitats including riparian habitats, beetles are medium-sized, elongate beaches, dunes, woodlands, grasslands, SUMMARY: We, the U.S. Fish and beetles characterized by their usually and other open areas (Pearson 1988; Wildlife Service (Service), propose brilliant metallic green, blue, red, and Knisley and Hill 1992). A common endangered status pursuant to the yellow coloration highlighted by stripes habitat component appears to be open Endangered Species Act (Act) of 1973, and spots. Adults are ferocious, swift, sunny areas for hunting and as amended, for the Ohlone tiger beetle and agile predators that seize small prey thermoregulation (an adaptive behavior (Cicindela ohlone). This species is with powerful sickle-shaped jaws. to use sunlight or shade to regulate body endemic to Santa Cruz County, Tiger beetle larvae are also predatory. temperature) (Knisley et al. 1990; California, and is threatened by habitat They live in small vertical or slanting Knisley and Hill 1992). Individual fragmentation and destruction due to burrows from which they lunge and species of tiger beetle are generally urban development, habitat degradation seize passing invertebrate prey (Essig highly habitat-specific because of due to invasion of nonnative vegetation, 1926; Essig 1942; Pearson 1988). When oviposition and larval sensitivity to soil and vulnerability to local extirpations a prey item passes near a burrow, the moisture, composition, and temperature from random natural events. This larva grasps the prey with its strong (Pearson 1988; Pearson and Cassola proposal, if made final, would extend mandibles (mouthparts) and pulls it into 1992; Kaulbars and Freitag 1993). the Federal protection and recovery the burrow, and once inside the burrow, The Ohlone tiger beetle is endemic to provisions of the Act to this species. the larva will feed on the captured prey Santa Cruz County, California, where it DATES: Comments from all interested (Essig 1942; Pearson 1988). Tiger beetles is known only from coastal terraces parties received by April 11, 2000 will share similar larval body forms supporting remnant patches of native be considered. Public hearing requests throughout the world (Pearson and grassland habitat. Specimens of this must be received by March 27, 2000. Cassola 1992). The larvae, either white, species were first collected northwest of ADDRESSES: If you wish to comment, yellowish, or dusky in coloration, are the City of Santa Cruz, California, in you may submit your comments and grub-like and fossorial (subterranean), 1987, and were first described in 1993 materials concerning this proposal by with a hook-like appendage on the fifth (Freitag et al. 1993). Both male and any one of several methods. abdominal segment that anchors the female specimens have been collected. (1) You may submit written comments larvae inside their burrows. The adult Ohlone tiger beetle is a to the Field Supervisor, U.S. Fish and Tiger beetle larvae undergo three relatively small beetle measuring 9.5 to Wildlife Service, Ventura Fish and instars (larval development stages). This 12.5 millimeters (mm) (0.37 to 0.49 Wildlife Office, 2493 Portola Road, period can take 1 to 4 years, but a 2-year inches (in)) long. The adults have large, Suite B, Ventura, California 93003. period is the most common (Pearson prominent eyes and metallic green (2) You may send comments by e-mail 1988). After mating, the tiger beetle elytra (leathery forewings) with small to [email protected]. Please female excavates a hole in the soil and light spots (Freitag et al. 1993). Their submit these comments as an ASCII file oviposits (lays) a single egg (Pearson legs are long, slender, and coppery- and avoid the use of special characters 1988; Kaulbars and Freitag 1993; Grey green. Freitag et al. (1993) describe and any form of encryption. Please also Hayes, University of California, Santa features that distinguish this species include ‘‘Attn: [RIN 1018–AF89]’’ and Cruz, pers. comm. 1998). Females of from closely related species of Cicindela your name and return address in your many species of Cicindela are extremely purpurea and other purpurea group e-mail message. If you do not receive a specific in choice of soil type for taxa.

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Two principal distinguishing features Adult Ohlone tiger beetles have been entomologists commonly collect out of of the Ohlone tiger beetle are its early observed in remnant patches of native season and out of known ranges in order seasonal adult activity period and its grassland on coastal terraces where bare to find temporally and spatially outlying disjunct distribution. While other tiger areas occur among low or sparse specimens, one would expect more beetle species, such as Cicindela vegetation. Trails (e.g., foot paths, dirt specimens to have been collected if the purpurea, are active during spring, roads, and bicycle paths) are also used. Ohlone tiger beetle were more summer, or early fall (Nagano 1982; When disturbed, adults will fly to more widespread and common. Freitag et al. 1993), the Ohlone tiger densely vegetated areas (Freitag et al. Only five populations of Ohlone tiger beetle is active from late January to early 1993; Richard Arnold, private beetles are known to exist. All known April (Freitag et al. 1993). The Ohlone consultant, pers. comm. 1995). populations are located on coastal tiger beetle is the southernmost of Oviposition by females and subsequent terraces supporting remnant stands of purpurea group species in the Pacific larval development also occur in this native grassland. One population occurs coast region; its distribution is allopatric coastal prairie habitat (i.e., open areas northwest of the City of Soquel at 60 to (geographically separated) to those of among native vegetation) (D. 90 meters (m) (200 to 295 feet (ft)) similar species (Freitag et al. 1993). Kavanaugh, pers. comm. 1997; V. elevation. A second population is Ohlone tiger beetle larvae are Cheap, in litt. 1997). The density of located in the City of Scotts Valley at currently undescribed. However, tiger larval burrows decreases with 210 m (690 ft) elevation; a third is beetle burrows, measuring 4 to 6 mm in increasing vegetation cover (G. Hayes, in located west of the City of Santa Cruz diameter (0.16 to 0.23 in), were found in litt. 1997). at 110 m (360 ft) elevation on property the same habitat areas where adult The historic range of the Ohlone tiger owned by the County of Santa Cruz; a Ohlone tiger beetles were collected beetle cannot be precisely assessed fourth population is found in a preserve (David Kavanaugh, California Academy because the species was only recently northwest of the City of Santa Cruz and of Sciences, pers. comm. 1997; V. discovered, and no historic specimens owned by the City and occurs at about Cheap, in litt. 1997). The surface or records are available. The earliest 110 m (360 ft) elevation; and the fifth openings of these burrows are circular specimen recorded was collected from a population is found northwest of the and flat with no dirt piles or mounds site northwest of the City of Santa Cruz City of Santa Cruz on properties owned surrounding the circumference (Kim in 1987 (Freitag et al. 1993). Based on by the University of Santa Cruz Touneh, Service, pers. obs. 1997). These available information on topography, (University) and the California substrates, soils, and vegetation, it is Department of Parks and Recreation, at burrows are similar to larval burrows likely that suitable habitat for the about 340 m (1115 ft) elevation (Freitag belonging to other tiger beetle species. Ohlone tiger beetle was more extensive et al. 1993; R. Morgan, in litt. 1994; G. Larvae and inactive adults have been and continuous prior to the increase in Hayes, in litt. 1997). The abundance of excavated from these burrows, and the urban development and agriculture. individuals in each population is inactive adults collected from these Historically, potentially suitable habitat unknown. However, each population is burrows were fully mature and easily may have extended from southwestern localized to areas of less than 2 ha (5 ac) identified as Ohlone tiger beetles (D. San Mateo County to northwestern (G. Hayes, pers. comm. 1995). Kavanaugh, pers. comm. 1997; V. Monterey County, California (Freitag et Researchers conducted two separate Cheap, in litt. 1997). Based on these al. 1993). However, we have no surveys to assess the current collections, Kavanaugh (pers. comm. evidence or data indicating that this distribution and status of the Ohlone 1997) concluded that the larvae found species occurred beyond the present tiger beetle. Between 1990 and 1994, in these burrows were Ohlone tiger known occupied areas of Santa Cruz researchers surveyed 14 sites with beetle larvae. Further investigations of County. Currently, the extent of native grassland habitat from these recently collected larvae are being potentially suitable habitat for the southwestern San Mateo County to conducted to scientifically characterize Ohlone tiger beetle is estimated at 81 to southern Santa Cruz County for Ohlone and document the morphology of the 121 hectares (ha) (200 to 300 acres (ac)) tiger beetles. Six additional locations Ohlone tiger beetle larvae (D. in Santa Cruz County, California supporting nonnative grasslands, but Kavanaugh, pers. comm. 1997). (Freitag et al. 1993). which appeared otherwise suitable, Ohlone tiger beetle habitat is an open The available data indicate a were also surveyed. Surveys were native grassland, with California restricted range and limited distribution conducted from February to April, when oatgrass (Danthonia californica) and of the Ohlone tiger beetle. This finding Ohlone tiger beetles are active. This purple needlegrass (Stipa pulchra), on is supported by the following work documented four of the five level or nearly level slopes. The considerations. First, many tiger beetle known populations (R. Morgan, in litt. substrate is shallow, pale, poorly species are known to be restricted to 1994); the preserve population was not drained clay or sandy clay soil that specific habitats (Pearson 1988; Knisley known or found during this survey bakes to a hard crust by summer, after and Hill 1992; Pearson and Cassola effort. winter and spring rains cease (Freitag et 1992), such as the open native grassland A second survey effort, conducted al. 1993). Ohlone tiger beetle habitat is occupied by the Ohlone tiger beetle. during the 1995 activity season, associated with specific soil types in Second, tiger beetles are widely surveyed for populations of Ohlone tiger Santa Cruz County, either Watsonville collected and well studied, yet no beetles in coastal grasslands from loam or Bonnydoon soil types. Soil core historic specimens were found in the southern San Mateo County to northern analyses were conducted for three out of extensive collections of the California Monterey County. Researchers visited the five known population sites; the soil Academy of Sciences (Freitag et al. sites repeatedly through the Ohlone types for these three sites were 1993). The Ohlone tiger beetle’s tiger beetle’s season of activity. These determined to be either Watsonville specialized habitat and restricted range surveys confirmed the four previously loam or Bonnydoon (Richard Casale and may account for the absence of known populations and discovered the Ken Oster, U.S. Department of collection records prior to 1987. fifth population at the city-owned Agriculture, Natural Resources Because Cicindela is a very popular preserve (G. Hayes, in litt. 1997). All Conservation Service, pers. comm. insect genus to collect (Chris Nagano, five known populations are located 1997). Service, pers. comm. 1993), and because within the urban areas of the City of

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Santa Cruz and surrounding any species determined to face a thermoregulation, and support a prey communities. significant and imminent risk to its base of other invertebrate species. The Based on the results of the two survey well-being (Priority 1). Second priority poorly drained clay or sandy clay efforts and the above considerations, we (Priority 2) is processing final substrate of the coastal terraces provides conclude that the Ohlone tiger beetle is determinations on proposed additions the soil moisture, composition, and restricted to remnant patches of native to the lists of endangered and temperature conditions necessary for grassland on coastal terraces in the mid- threatened wildlife and plants. Third oviposition and larval development county portion of coastal Santa Cruz priority is processing new proposals to (Pearson 1988; Kaulbars and Freitag County, California. add species to the lists. The processing 1993). The five known populations of the Previous Federal Action of administrative petition findings (petitions filed under section 4 of the Ohlone tiger beetle are threatened by On February 18, 1993, we received a Act) is the fourth priority. The habitat destruction by urban petition from Randall Morgan of Soquel, processing of critical habitat development and/or habitat California, requesting that we add the determinations (prudency and modification by invasive nonnative Ohlone tiger beetle to the list of determinability decisions) and proposed vegetation. Disturbance of the substrate threatened and endangered species or final designations of critical habitat and removal or elimination of pursuant to the Act. The petition will no longer be subject to vegetation by urban development kills contained information indicating that prioritization under the Listing Priority or injures individuals and precludes the Ohlone tiger beetle has a limited Guidance. This proposed rule is a others from feeding, sheltering, or distribution and specialized habitat Priority 3 action and is being completed reproducing. Historically, potentially requirements and is threatened by in accordance with the current Listing suitable habitat is believed to have proposed development projects and Priority Guidance. extended from southwestern San Mateo recreational activities. Our 90-day County to northwestern Monterey petition finding, published on January Peer Review County, California (Freitag et al. 1993). 27, 1994, in the Federal Register (59 FR In accordance with interagency policy Most of this habitat has been modified 3330), determined that substantial published on July 1, 1994 (59 FR or destroyed by human actions such as information was presented in the 34270), upon publication of this urbanization and agriculture (Freitag et petition indicating that listing may be proposed rule in the Federal Register al. 1993). warranted. Our 12-month petition we will solicit expert reviews by at least About 6,060 to 8,080 ha (15,000 to finding, published on March 1, 1996, in three specialists regarding pertinent 20,000 ac) of native grassland remain in the Federal Register (61 FR 8014), scientific or commercial data and Santa Cruz County, and not more than concluded a not-warranted assumptions relating to the taxonomic, 81 to 121 ha (200 to 300 ac) contain the determination due to inadequate life biological, and ecological information proper combination of substrate, slope, history information and survey data to for the Ohlone tiger beetle. The purpose and exposure (bare areas between conclusively determine that the beetle is of such a review is to ensure that listing patches of grasses) to be considered restricted to the described habitat. decisions are based on scientifically suitable habitat for the Ohlone tiger On April 30, 1997, we received a sound data, assumptions, and analyses, beetle (Freitag et al. 1993). Nearly all of second petition from Grey Hayes of including the input of appropriate this suitable habitat is located within or Santa Cruz, California, to emergency-list experts. adjacent to urbanized areas in the the Ohlone tiger beetle as an endangered coastal mid-county area of Santa Cruz. Summary of Factors Affecting the species under the Act. The petition Much of the City of Santa Cruz and its Species specified endangered status because of adjacent towns were built on these the beetle’s limited distribution and Section 4 of the Act and regulations marine terrace grassland habitats threats from proposed development (50 CFR part 424) issued to implement (Freitag et al. 1993). Within suitable projects, invasion of nonnative plants, the listing provisions of the Act set forth habitat, the beetle occupies only and recreational activities. Based on the the procedures for adding species to the sparsely vegetated areas and bare areas, information provided by the petitioner Federal lists. A species may be which are artifacts of trails or past and additional information gathered determined to be an endangered or grazing sites. The total extent of the area since the first petition in 1993, we threatened species due to one or more occupied by the beetle is estimated to be determined that emergency-listing the of the five factors described in section 10 ha (25 ac) or less. Ohlone tiger beetle was not justified but 4(a)(1). These factors and their The Ohlone tiger beetle population that listing of this species as endangered application to the Ohlone tiger beetle northwest of the City of Soquel is is warranted. Therefore, in our most (Cicindela ohlone) are as follows: threatened by a proposed 21-lot recent Notice of Review, published on A. The present or threatened residential development. The preferred October 25, 1999 (64 FR 57534), we destruction, modification, or alternative of the proposed project included the Ohlone tiger beetle as a curtailment of its habitat or range. Loss would completely extirpate the Ohlone candidate species. Candidate species are of habitat is the principal threat to tiger beetle population by eliminating those species for which listing is insect species worldwide because of all of the known occupied habitat and warranted but precluded by other their close associations with, and most of the extant grassland habitat pending listing actions, in accordance dependence on, specific habitats (Pyle found on this site. One alternative in the with section 4(b)(3)(B)(iii) of the Act. et al. 1981). The effects of habitat final environmental impact report for The processing of this proposed rule destruction and modification on tiger the project does propose that the conforms with our current Listing beetle species have been documented by majority of suitable habitat for the Priority Guidance published in the Knisley and Hill (1992) and Nagano Ohlone tiger beetle be set-aside and Federal Register on October 22, 1999 (1982). The Ohlone tiger beetle is managed to reduce nonnative vegetation (64 FR 57114). The guidance clarifies restricted to remnant patches of native and enhance habitat quality. The county the order in which we will process grassland on coastal terraces where low is currently waiting for the applicant to rulemakings. Highest priority is and sparse vegetation provide space for submit design reviews in a processing emergency listing rules for foraging, reproduction, and supplemental environmental impact

VerDate 272000 16:06 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\11FEP1.SGM pfrm08 PsN: 11FEP1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules 6955 report, which would then be available grazing to a vineyard (G. Hayes, pers. French broom (Cytisus for public review. When this report will comm. 1998). Whether the species has monspessulanus), velvet grass (Holcus be available for review or whether the been completely extirpated from this spp.), filaree (Erodium spp.), and alternatives will contain changes that site is not known. Eucalyptus spp.) (R. Morgan, in litt. might affect the Ohlone tiger beetle is The fourth population of Ohlone tiger 1992; G. Hayes, in litt. 1997; G. Hayes, not known (Kim Tschantz, County of beetles occurs northwest of Santa Cruz pers. comm. 1997). These nonnative Santa Cruz, pers. comm. 1999). on land managed as a preserve by the plants are aggressive invaders that The population site located in the California Department of Parks and convert sunny, native grassland needed City of Scotts Valley was proposed for Recreation (CDPR). The CDPR wants to by Ohlone tiger beetles to habitat development of 233 residential homes develop their property and has a dominated by an overstory that shades and an open park containing two proposal for the opening of existing the bare areas among the low or sparse ballfields. This proposed project would trails and the construction of a vehicle native vegetation, thus covering the have set aside most of the beetle’s entrance road and parking area. The open sunny areas required by the occupied habitat by fencing a 30-m entrance road would be developed over Ohlone tiger beetle to thermoregulate, (100-ft) wide area between the two a portion of occupied habitat. The forage, and oviposit. In addition to ballfields, but construction would still vehicle parking area would be shading these areas used by the beetle, have occurred on adjacent occupied constructed adjacent to the Ohlone tiger the nonnative vegetation fills in the areas and known grassland habitat beetle’s occupied habitat. However, in open spaces among the low or sparse would have been eliminated. The the public works plan for this site, vegetation creating an unsuitable adjacent development could have led to CDPR established a policy that road densely vegetated habitat. Nonnative potential disturbance, such as pesticide maintenance or other activities will be vegetation may also affect the numbers drift, soil erosion, and vegetation scheduled to minimize impacts on and diversity of the beetle’s prey, alteration. In addition, the isolated burrows, larval habitat, foraging predators, and parasites (see Factor C of population would have been more activities, or other aspects of the this section). Increased vegetation vulnerable to random extinction (see population (CDPR 1997). encroachment is the primary factor Factor E of this section). A final Property adjacent to the CDPR land is attributed to the extirpation of several environmental impact report for this managed by the University of California, populations of other Cicindela species project was completed in the summer of Santa Cruz (University), and a (e.g., C. abdominalis and C. debilis) 1998 (Impact Sciences, Inc. 1998). population of the beetle is known to (Knisley and Hill 1992). Without However, this proposed development occur on this property. Areas that the management efforts to reduce and was voted down in a referendum, thus Ohlone tiger beetle inhabit are control nonnative species, the halting the development of this property designated in the University’s Long populations of Ohlone tiger beetle will for the present time. The landowner is Range Development Plan for Site- likely decline because of habitat now considering both alternative Specific Research, Campus Resource degradation. development plans and the sale of the Lands, and Environmental Reserve Areas that may once have been land. Local agencies and conservation (University of California 1992). suitable for Ohlone tiger beetles have groups are interested in purchasing the Although some development is possible been converted to nonnative grasslands, land as open space, but funding sources in site-specific research areas and or have been developed because the have not been identified. The future campus resource lands, no development firm, level substrate of the coastal plans for the site are not known (Laura projects are anticipated at this time terraces afforded good building sites Kuhn, City of Scotts Valley, pers. comm. (Graham Bice, University of California, with scenic views of the Pacific Ocean. 1999). pers. comm. 1995; G. Hayes, pers. For the same reasons that other terraces A portion of the third population site comm. 1997). have already been developed, remaining for the Ohlone tiger beetle, located west In addition to the development threats areas of suitable habitat are under great of the City of Santa Cruz, was proposed to the Ohlone tiger beetle, the invasion development pressure. as a residential housing development. of nonnative vegetation threatens the B. Overutilization for commercial, The property was originally zoned as already reduced extent of suitable recreational, scientific, or educational part of the Santa Cruz Greenbelt. habitat for this species. Despite being purposes. Members of the genus However, that designation expired in relatively free of development threats, Cicindela may be the subject of more 1994, and the property owners began to the fifth population site, located intense collecting and study than any consider developing the property. In the northwest of the City of Santa Cruz and other single insect genus. Tiger beetle spring of 1999, the City of Santa Cruz owned by the City, is threatened by specimens are highly sought by amateur purchased the property, and it will be habitat degradation due to the invasion collectors (C. Nagano, pers. comm. managed as open space by the City. The of nonnative plant species into the 1993). In light of the recent discovery of State of California will hold a coastal prairie. Nonnative vegetation the Ohlone tiger beetle, and concerns conservation easement on the land. A and forest vegetation are encroaching regarding its continued existence, the management plan will be developed by into grassland habitats and out- desirability of this species to private the City of Santa Cruz, and the Ohlone competing native grassland habitats and collectors may increase, leading to tiger beetle will be considered in the out-competing native grassland increased collection of specimens. The plan. At the present time, the site is vegetation (S. Harris, pers. comm. 1998). original petitioner for the Ohlone tiger closed to public use except for officially The City is attempting to maintain the beetle has been contacted by several escorted hikes (Susan Harris, City of species’ habitat by mowing parts of it to people from such places as France, Santa Cruz, pers. comm. 1999). provide bare ground, and trails near Wisconsin, and California, looking for The rest of the third population site where the Ohlone tiger beetle occurs Ohlone tiger beetle specimens they can is still on private land. In September will be closed to bicycles (S. Harris, add to their private collections, as well 1998, the property owners tilled up a pers. comm. 1999). as those asking where the colonies are large percentage of the area the Ohlone The other four populations of Ohlone located and indicating they want to tiger beetle occupied, in preparation for tiger beetle are also threatened by collect the species at those locations (R. converting the land from livestock invasion of nonnative vegetation (e.g., Morgan, pers. comm. 1998). Listing this

VerDate 272000 16:06 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\11FEP1.SGM pfrm08 PsN: 11FEP1 6956 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules species as endangered will likely to consider and manage for species of E. Other natural or manmade factors increase its attractiveness to private concern. affecting its continued existence. The collectors. Unrestricted collecting is At the State and local levels, five populations of the Ohlone tiger considered a threat to the species. regulatory mechanisms are also beetle are isolated and restricted to Although the reproductive rate for the inadequate. The California Endangered relatively small patches of habitat. Ohlone tiger beetle is unknown, females Species Act does not allow for the Because a direct correlation exists of other species of Cicindela produce listing of invertebrate species. State and between increased extinction rates with between 3.7 and 7.7 (mean range) eggs local agencies may consider the Ohlone the reduction of available habitat area (Kaulbers and Freitag 1993). If the tiger beetle when evaluating certain and increased distances between small Ohlone tiger beetle has a similarly low activities for compliance with the populations (Gilpin 1987), the small, reproductive rate, even limited California Environmental Quality Act isolated populations of the Ohlone tiger collecting could have harmful effects on (CEQA) and local zoning regulations. If beetle are more vulnerable to local its reproductive or genetic viability and an activity is identified as having a extinction from random genetic and lead to extinction of the species. significant impact on this species, demographic events or environmental The Ohlone tiger beetle is not likely mitigation measures may be required by catastrophes. The small sizes of to be used as a model organism for State and local regulatory agencies to occupied habitat also reduce the ability general research projects because it is a offset these impacts. However, CEQA of the habitats to buffer against edge rare and limited species. It may be the and local regulations do not provide effects and other influences from subject of studies intended to improve specific protection measures to ensure adjacent developed areas, such as understanding of the species’ ecology the continued existence of the Ohlone pesticide drift, soil erosion, and and to improve management strategies tiger beetle. In addition, CEQA vegetation alteration. for its conservation. Although such provisions for ‘‘Statements of Although some species of tiger beetles studies would directly benefit the Overriding Considerations’’ can allow are known to disperse over sizable recovery of the Ohlone tiger beetle, they projects to proceed despite unmitigated distances (Pearson 1988), species from may contribute cumulatively to other adverse impacts. the purpurea group of the genus threats to the species. Ohlone tiger beetle habitat occurs on Cicindela typically do not disperse properties owned by the University, the C. Disease or Predation. No diseases widely, usually 12 to 18 m (40 to 60 ft) CDPR, and the City of Santa Cruz. The are known to threaten the Ohlone tiger (David Pearson, Arizona State University does not have a management University, pers. comm. 1997). The beetle. However, the Ohlone tiger beetle plan that specifically protects the dispersal capabilities of Ohlone tiger may be affected by any of several Ohlone tiger beetle or its habitat (G. beetles are unknown; however, because predators and parasites known to prey Hayes, pers. comm. 1997). The CDPR the Ohlone tiger beetle belongs to the upon, and afflict, other tiger beetle has an existing Public Works Plan that purpurea group, its dispersal distance is species. The parasites are considered to calls for surveys to verify the occupied most likely narrow. Assuming have greater effects than predators habitat boundary of the Ohlone tiger individuals to be capable of dispersing (Nagano 1982; Pearson 1988). Known beetle and proposes to minimize the distances comparable to those between tiger beetle predators include birds, impacts of disturbance to the Ohlone populations, the likelihood of successful shrews (Soricidae), raccoons (Procyon tiger beetle during road maintenance emigration or colonization is greatly lotor), lizards (Lacertilia), toads and other scheduled activities in the reduced by the small size of suitable (Bufonidae), ants (Formicidae), robber plan (G. Gray, CDPR, pers. comm. 1997). habitat patches and the unavailability of flies (Asilidae) and dragonflies However, a local citizen has expressed even marginal habitat among the (Anisoptera) (Lavigne 1972; Nagano concern that surveys and minimization extensive urban development in the 1982; Pearson 1988). Known tiger beetle measures are not being adequately region. parasites include ant-like wasps of the carried out (G. Hayes, in litt. 1999). For Some recreational uses of Ohlone family Typhiidae, especially the genera the site northwest of Santa Cruz, the tiger beetle habitat (i.e., off-road motor Mathoca, Karlissa, and Pterombrus, and City of Santa Cruz Parks and Recreation vehicle use or heavy bicycling) may the Bombyliid flies of the genus Anthrax Department’s Proposed Master Plan for pose a threat to the Ohlone tiger beetles. (Nagano 1982; Pearson 1988). These the preserve proposes increased usage of The beetles require open ground to insect parasites are distributed existing trails, but identifies the Ohlone maneuver, take prey, and lay eggs. They worldwide and specialize on tiger beetle tiger beetle and its habitat as sensitive use the hard-packed bicycle trails for larvae. resources. The proposed master plan foraging, thermoregulation, and laying Predators and parasites play includes a management program for their eggs (R. Morgan, pers. comm. important roles in the natural dynamics Ohlone tiger beetle habitat; however, 1998). Bicycle traffic on a trail through of populations and ecosystems. implementation of any management the University site has been observed to However, the effects of predation and actions will depend on future funding result in the crushing of several parasitism may pose substantial threats (S. Harris, per. comm. 1999). individual beetles (R. Morgan, in litt. to Ohlone tiger beetle populations For the site west of the City of Santa 1993). Similar mortality has been already affected by other factors, Cruz, a management plan will observed in the species’ habitat west of especially limited distribution and eventually be developed since this the City of Santa Cruz (R. Morgan, in small, isolated populations. At this property has been purchased as open litt. 1993) and may occur in other time, the magnitude of predation and space. The property is officially closed Ohlone tiger beetle populations. Also, parasitism on the Ohlone tiger beetle is to public use except for officially bicycle and foot traffic could potentially not known. escorted hikes. However, the collapse larval tunnels and crush the D. The inadequacy of existing enforcement of this closure may not be larvae. The significance of such regulatory mechanisms. Regulatory adequate. mortality for population viability is not mechanisms currently in effect do not Because the Ohlone tiger beetle is not known at this time, but is considered a provide adequate protection for the listed at the State or Federal levels, potential threat to the Ohlone tiger Ohlone tiger beetle and its habitat. nothing prohibits importing, exporting, beetle, particularly if bicycle traffic Federal agencies are not legally required sale, or trade of the species. through the habitat increases. Heavy

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Populations it is listed in accordance with the Act, currently insufficient to allow us to of another tiger beetle species found in on which are found those physical or immediately complete all of the listing the northeastern United States, biological features essential to the actions required by the Act. We propose that critical habitat is Cicindela dorsalis dorsalis, were conservation of the species and which prudent for the Ohlone tiger beetle. In extirpated in several localities that were may require special management the last few years, a series of court subjected to heavy recreational use (i.e., considerations or protection; and decisions have overturned Service heavy pedestrian foot traffic and specific areas outside the geographical determinations regarding a variety of vehicular use) but survived at other sites area occupied by the species at the time species that designation of critical that had received little or no it is listed in accordance with the habitat would not be prudent (e.g., recreational disturbance (Knisley and provisions of section 4 of the Act, upon Natural Resources Defense Council v. Hill 1992). a determination by the Secretary that U.S. Department of the Interior 113 F. Pesticides could pose a threat to the such areas are essential for the 3d 1121 (9th Cir. 1997); Conservation conservation of the species. Ohlone tiger beetle. The effects of Council for Hawaii v. Babbitt, 2 F. Supp. ‘‘Conservation’’ means the use of all insecticides on other tiger beetle species 2d 1280 (D. Hawaii 1998)). Based on the methods and procedures needed to are referenced by Nagano (1982). Local standards applied in those judicial bring the species to the point at which land owners may use pesticides to opinions, we believe that designation of listing under the Act is no longer control targeted invertebrate species critical habitat would be prudent for the necessary. Ohlone tiger beetle. around their homes and gardens. These Critical habitat designation, by pesticides may drift aerially or be Due to the small number of definition, directly affects only Federal populations, Ohlone tiger beetle is transported by water runoff into Ohlone agency actions through consultation tiger beetle habitat where they may kill vulnerable to unrestricted collection, under section 7(a)(2) of the Act. Section vandalism, or other disturbance. We are nontargeted organisms including the 7(a)(2) requires Federal agencies to concerned that these threats might be Ohlone tiger beetle or its prey species. ensure that activities they authorize, exacerbated by the publication of As urban development increases near or fund, or carry out are not likely to critical habitat maps and further in Ohlone tiger beetle habitat, negative jeopardize the continued existence of a dissemination of locational information. impacts from pesticides may become listed species or destroy or adversely However, at this time we do not have more frequent. The significance of modify its critical habitat. specific evidence for Ohlone tiger beetle pesticide effects is not known at this Section 4(a)(3) of the Act, as of taking, vandalism, collection, or trade time, but they are recognized as a amended, and implementing regulations of this species or any similarly situated substantial potential threat to the (50 CFR 424.12) require that, to the species. Consequently, consistent with species. maximum extent prudent and applicable regulations (50 CFR In making this proposed rule determinable, we designate critical 424.12(a)(1)(i)) and recent case law, we determination, we have carefully habitat at the time the species is do not expect that the identification of assessed the best scientific and determined to be endangered or critical habitat will increase the degree commercial information available threatened. Our regulations (50 CFR of threat to this species of taking or 424.12(a)(1)) state that the designation regarding the past, present, and future other human activity. of critical habitat is not prudent when threats faced by the Ohlone tiger beetle. In the absence of a finding that critical one or both of the following situations Threats to the five populations of habitat would increase threats to a exist—(1) the species is threatened by Ohlone tiger beetle, including habitat species, if any benefits would derive taking or other human activity, and from critical habitat designation, then a fragmentation and destruction due to identification of critical habitat can be prudent finding is warranted. In the urban development, habitat degradation expected to increase the degree of threat case of this species, designation of due to invasion of nonnative vegetation, to the species, or (2) such designation of critical habitat may provide some vulnerability to random local critical habitat would not be beneficial benefits. The primary regulatory effect extirpations, and potential threats due to the species. of critical habitat is the section 7 to collection, pesticides, and The Final Listing Priority Guidance requirement that Federal agencies recreational use of habitat, imperil the for FY 1999/2000 (64 FR 57114) states, refrain from taking any action that continued existence of this species. that the processing of critical habitat destroys or adversely modifies critical Much of the habitat of this species is determinations (prudency and habitat. While a critical habitat suitable for development and is determinability decisions) and proposed designation for habitat currently unprotected from these threats. The or final designations of critical habitat occupied by this species would not be Ohlone tiger beetle is known from only will no longer be subject to likely to change the section 7 five populations. This species is in prioritization under the Listing Priority consultation outcome because an action danger of extinction ‘‘throughout all or Guidance. Critical habitat that destroys or adversely modifies such a significant portion of its range’’ determinations, which were previously critical habitat would also be likely to (section 3(6) of the Act) and, therefore, included in final listing rules published result in jeopardy to the species, there meets the Act’s definition of in the Federal Register, may now be may be instances where section 7 endangered. Because of the high processed separately, in which case consultation would be triggered only if potential for these threats, if realized, to stand-alone critical habitat critical habitat is designated. Examples result in the extinction of the Ohlone determinations will be published as could include unoccupied habitat or tiger beetle, the preferred action is to list notices in the Federal Register. We will occupied habitat that may become this species as endangered. undertake critical habitat unoccupied in the future. Designating

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Regulations tiger beetle will allow us to concentrate any action that is likely to jeopardize governing permits are codified at 50 our limited resources on higher priority the continued existence of a species CFR 17.22 and 17.23. For endangered critical habitat and other listing actions, proposed for listing or result in species, such permits are available for while allowing us to put in place destruction or adverse modification of scientific purposes, to enhance the protections needed for the conservation proposed critical habitat. If a species is propagation or survival of the species, of Ohlone tiger beetle without further listed subsequently, section 7(a)(2) of and for incidental take in connection delay. We anticipate in FY 2000 and the Act requires Federal agencies to with otherwise lawful activities. beyond giving higher priority to critical ensure that activities they authorize, As published in the Federal Register habitat designation, including fund, or carry out are not likely to on July 1, 1994 (59 FR 34272), it is our designations deferred pursuant to the jeopardize the continued existence of policy to identify to the maximum Listing Priority Guidance, such as the the species or destroy or adversely extent practicable at the time a species designation for this species, than we modify its critical habitat. If a Federal is listed those activities that would or have in recent fiscal years. action may affect a listed species or its would not constitute a violation of We plan to employ a priority system critical habitat, the responsible Federal section 9 of the Act. The intent of this for deciding which outstanding critical agency must enter into formal policy is to increase public awareness of habitat designations should be consultation with us. the effect of this listing on proposed and addressed first. We will focus our efforts Federal involvements are not known ongoing activities within the species’ on those designations that will provide to exist within the habitat of the Ohlone range. the most conservation benefit, taking tiger beetle. If any Federal agency were We believe that, based on the best into consideration the efficacy of critical to fund or issue permits for a project available information, if the Ohlone habitat designation in addressing the that may affect the Ohlone tiger beetle, tiger beetle is listed under the Act, the threats to the species, and the that agency would be required to following actions are not likely to result magnitude and immediacy of those consult with us. Possible nexuses in a violation of section 9, provided threats. We will make the final critical include the Department of Housing and these activities are carried out in habitat determination with the final Urban Development and the Department accordance with existing regulations listing determination for Ohlone tiger of Commerce’s Small Business and permit requirements: beetle. If this final critical habitat (1) Possession, delivery, or movement, Administration for funding, and the determination is that critical habitat is including interstate transport and U.S. Army Corps of Engineers for prudent, we will develop a proposal to import into or export from the United permits authorized under section 404 of designate critical habitat for Ohlone States, involving no commercial the Clean Water Act. tiger beetle as soon as feasible, activity, of dead specimens of this taxon Listing the Ohlone tiger beetle as considering our workload priorities. that were collected prior to the date of endangered will provide for the Unfortunately, for the immediate future, publication in the Federal Register of a development of a recovery plan. Such a most of Region 1’s listing budget must final regulation adding this taxon to the plan will bring together Federal, State, be directed to complying with list of endangered species; and (2) and local efforts for its conservation. numerous court orders and settlement Activities conducted in accordance with The plan will establish a framework for agreements, as well as due and overdue reasonable and prudent measures cooperation and coordination in final listing determinations. identified by us in a biological opinion conservation efforts. The plan will set issued pursuant to section 7 of the Act, Available Conservation Measures recovery priorities and estimate costs of and activities authorized under section various tasks necessary to accomplish Conservation measures provided to 10 of the Act. species listed as endangered or them. It also will describe site-specific We believe that the following actions threatened under the Act include management actions necessary to could result in a violation of section 9; recognition, recovery actions, achieve the conservation and survival of however, possible violations are not requirements for Federal protection, and the Ohlone tiger beetle. limited to these actions alone: prohibitions against certain activities. The Act and implementing (1) Collection of specimens of this Recognition through listing results in regulations set forth a series of general taxon for private possession or public awareness and conservation prohibitions and exceptions that apply deposition in an institutional collection; actions by Federal, State, and local to all endangered wildlife. These (2) Sale or purchase of specimens of agencies, private organizations, and prohibitions, in part, make it illegal for this taxon, except for properly individuals. The Act provides for any person subject to the jurisdiction of documented antique specimens of this possible land acquisition and the United States to take (includes taxon at least 100 years old, as defined cooperation with the States and requires harass, harm, pursue, hunt, shoot, by section 10(h)(1) of the Act; that recovery actions be carried out for wound, kill, trap, capture, or collect; or (3) The unauthorized release of all listed species. The protection to attempt any of these), import or biological control agents that attack any required of Federal agencies and the export, ship in interstate commerce in life stage of this taxon; and prohibitions against taking and harm are the course of commercial activity, or sell (4) Noncompliance with the discussed, in part, below. or offer for sale in interstate or foreign California Department of Parks and Section 7(a) of the Act, as amended, commerce any endangered wildlife Recreation management plans that requires Federal agencies to evaluate species. It is also illegal to possess, sell, restrict recreational uses (i.e., biking and their actions with respect to any species deliver, carry, transport, or ship any foot traffic) of areas designated as that is proposed or listed as endangered such wildlife that has been taken occupied habitat by the Ohlone tiger or threatened, and with respect to its illegally. Certain exceptions apply to beetle.

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Questions regarding whether specific (1) Biological, commercial, trade, or 3501 et seq., is required. Any activities would constitute a violation of other relevant data concerning threat (or information collection related to the section 9 should be directed to our lack thereof) to the Ohlone tiger beetle. rule pertaining to permits for Ventura Fish and Wildlife Office (see (2) The location of any additional endangered and threatened species has ADDRESSES section). populations of Ohlone tiger beetle and OMB approval and is assigned clearance To request copies of the regulations the reasons why any habitat should or number 1018–0094. This rule does not concerning listed wildlife or to inquire should not be determined to be critical alter that information collection about prohibitions of section 9, contact habitat for this species pursuant to requirement. For additional information our Ventura Fish and Wildlife Office section 4 of the Act. concerning permits and associated (see ADDRESSES section). Requests for (3) Additional information concerning requirements for endangered wildlife copies of regulations for issuing permits the essential habitat features (biotic and species, see 50 CFR 17.22. may be addressed to the U.S. Fish and abiotic), range, distribution, population Wildlife Service, Ecological Services, size of this taxon, and information References Cited Endangered Species Permits, 911 N.E. relating to the distributions of A complete list of all references cited 11th Avenue, Portland, Oregon, 97232– genetically distinct individuals within in this rulemaking is available upon 4181 (telephone 503/231–2063; the population. request from the Ventura Fish and facsimile 503/231–6243). (4) Current or planned activities in the Wildlife Office (see ADDRESSES section). subject area and their possible impacts Public Comments Solicited on this taxon. Author Our intent is for any final action Final promulgation of the regulations The primary author of this proposed resulting from this proposal to be as on Ohlone tiger beetle will take into rule is Colleen Sculley, Ventura Fish accurate and as effective as possible. consideration any comments and any and Wildlife Office (see ADDRESSES Therefore, we solicit comments or additional information we receive section) (telephone 805/644–1766). suggestions from the public, other during the comment period, and such concerned governmental agencies, the communications may lead to a final List of Subjects in 50 CFR Part 17 scientific community, industry, or any regulation that differs from this Endangered and threatened species, other interested party concerning this proposal. proposed rule. Our practice is to make The Act provides for a public hearing Exports, Imports, Reporting and comments, including names and home on this proposal, if requested. Requests recordkeeping requirements, addresses of respondents, available for must be received within 45 days of the Transportation. public review during regular business date of publication of the proposal in Proposed Regulation Promulgation hours. Individual respondents may the Federal Register. Such requests request that we withhold their home must be made in writing and be For the reasons given in the preamble, address from the rulemaking record, addressed to the Field Supervisor of the we propose to amend part 17, which we will honor to the extent Service’s Ventura, Fish and Wildlife subchapter B of chapter I, title 50 of the allowable by law. In certain Office (see ADDRESSES section). Code of Federal Regulations, as set forth circumstances, we would withhold from below: the rulemaking record a respondent’s National Environmental Policy Act identity, as allowable by law. If you We have determined that PART 17Ð[AMENDED] wish us to withhold your name and/or Environmental Assessments, as defined 1. The authority citation for part 17 address, you must state this under the authority of the National continues to read as follows: prominently at the beginning of your Environmental Policy Act of 1969, need comment. However, we will not not be prepared in connection with Authority: 16 U.S.C. 1361–1407; 16 U.S.C. consider anonymous comments. We regulations adopted pursuant to Section 1531–1544; 16 U.S.C. 4201—4245; Pub. L. will make all submissions from 99–625, 100 Stat. 3500, unless otherwise 4(a) of the Act. A notice outlining our noted. organizations or businesses, and from reasons for this determination was individuals identifying themselves as published in the Federal Register on 2. Amend section 17.11(h) by adding representatives or officials of October 25, 1983 (48 FR 49244). the following, in alphabetical order organizations or businesses, available under INSECTS, to the List of Required Determinations for public inspection in their entirety. Endangered and Threatened Wildlife: All comments, including written and e- This rule does not contain any mail, must be received in our Ventura information collection requirements for § 17.11 Endangered and threatened Fish and Wildlife Office by April 11, which Office of Management and wildlife. 2000. We particularly seek comments Budget (OMB) approval under the * * * * * concerning: Paperwork Reduction Act, 44 U.S.C. (h) * * *

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

INSECTS

******* Beetle, Ohlone tiger Cicindela ohlone ..... U.S.A. (CA) ...... NA ...... E NA NA

*******

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Dated: January 20, 2000. proposed rule to list this ESU as available, NMFS published a proposed Jamie Rappaport Clark, threatened under the ESA. listing determination (61 FR 41541, Director, U.S. Fish and Wildlife Service. DATES: A public hearing on this August 9, 1996) that identified 15 ESUs [FR Doc. 00–3277 Filed 2–10–00; 8:45 am] proposal will be held on March 15, of steelhead in the states of Washington, BILLING CODE 4310±55±P 2000, from 6:30 p.m.–9:00 p.m. Requests Oregon, Idaho, and California. Ten of for additional public hearings must be these ESUs, including the Northern received by March 27, 2000. Comments California ESU, were proposed for DEPARTMENT OF COMMERCE on this proposal must be received at the listing as threatened or endangered appropriate address or fax number (See species, four were found not warranted National Oceanic and Atmospheric ADDRESSES), no later than 5 p.m. pacific for listing, and one was identified as a Administration standard time, on April 11, 2000. candidate for listing. Comments will not be accepted if On August 18, 1997, NMFS published 50 CFR Part 223 submitted via e-mail or Internet. a final rule listing five ESUs as ADDRESSES: The public hearing will be threatened and endangered under the [Docket No. 000202022±0022±01; I.D. ESA (62 FR 43937, August 18, 1997). In 012100F] held at the Eureka Inn, 518 Seventh St., Eureka, California. Comments on this a separate document published on the RIN 0648±AN58 proposed rule and requests for same day, NMFS determined substantial additional public hearings or reference scientific disagreement remained for Endangered and Threatened Species: materials should be sent to the Chief, five proposed ESUs, including the Threatened Status for One Protected Resources Division, NMFS, Northern California steelhead ESU (62 Evolutionarily Significant Unit of Southwest Region, 401 West Ocean FR 43974, August 18, 1997). In Steelhead in California Blvd., Suite 4200, Long Beach, CA accordance with section 4(b)(6)(B)(i) of the ESA, NMFS deferred its decision on AGENCY: 90802–4213. Comments may also be National Marine Fisheries these five steelhead ESUs for 6 months Service (NMFS), National Oceanic and sent via facsimile (fax) to 562–980– 4027. for the purpose of soliciting additional Atmospheric Administration (NOAA), data. During this 6-month period of Commerce. FOR FURTHER INFORMATION CONTACT: deferral, NMFS received new scientific ACTION: Proposed rule; request for Craig Wingert, 562–980-4021, or Chris information regarding the status of these comments. Mobley, 301–713–1401. proposed steelhead ESUs. This new SUPPLEMENTARY INFORMATION: information was evaluated by NMFS’ SUMMARY: Based on a comprehensive BRT which prepared both an updated status review of west coast steelhead Previous Federal ESA Actions Related to West Coast Steelhead status review for these five ESUs (Oncorhynchus mykiss, or O. mykiss) [Memorandum to William Stelle and populations throughout Washington, The history of petitions NMFS has William Hogarth from M. Schiewe, Oregon, Idaho, and California, NMFS received regarding west coast steelhead December 18, 1997, Status of Deferred proposed to list 10 Evolutionarily is summarized in a final rule and notice and Candidate ESUs of West Coast Significant Units (ESUs) as threatened of determination for five steelhead ESUs Steelhead (NMFS, 1997a), and a review or endangered under the Endangered (Lower Columbia River; Central Valley, of the associated hatchery populations Species Act (ESA) in 1996. One of these California; Oregon Coast; Klamath [Memorandum to William Stelle and steelhead ESUs, the Northern California Mountains Province; and Northern William Hogarth from Michael Schiewe, ESU, was proposed for listing as a California ESUs) that was published on January 13, 1998, Status Review Update threatened species. Because of scientific March 19, 1998 (63 FR 13347). The most for Deferred ESUs of West Coast disagreements, NMFS deferred its final comprehensive petition was submitted Steelhead: Hatchery Populations listing determination for five of these by Oregon Natural Resources Council (NMFS, 1998a). steelhead ESUs, including the Northern and 15 co-petitioners on February 16, Based on a review of the updated California ESU, in August 1997. After 1994. In response to this petition, NMFS scientific information for these ESUs, as soliciting and reviewing additional assessed the best available scientific and well as a review and evaluation of information to resolve these commercial data, including technical Federal, State, and local conservation disagreements, NMFS issued a final information from Pacific Salmon measures reducing the threats to these determination in March 1998 that the Biological Technical Committees ESUs, NMFS issued a final rule (63 FR Northern California ESU did not (PSBTCs) and interested parties in 13347, March 19, 1998) listing two ESUs warrant listing under the ESA because Washington, Oregon, Idaho, and as threatened (Lower Columbia River available scientific information and California, and convened a Biological and Central Valley California), and a conservation measures indicated the Review Team (BRT), composed of staff notice of determination that three ESUs ESU was at a lower risk of extinction from NMFS’ Northwest and Southwest (Oregon Coast, Klamath Mountains than at the time of the proposed rule. Fisheries Science Centers and Province, and Northern California) did Because the State of California has Southwest Regional Office, as well as a not warrant listing. NMFS’ failed to implement conservation representative of the U.S. Geological determination that these three ESUs did measures that NMFS considered Survey Biological Resources Division not warrant listing was based on the critically important in its decision not to (formerly the National Biological best available scientific and commercial list the Northern California steelhead Service) to conduct a coast-wide status data, which indicated these ESUs were ESU, NMFS completed an updated review for west coast steelhead (Busby at a lower risk of extinction than at the status review and has reconsidered the et al., 1996). time of the proposed listing status of this ESU under the ESA. Based on the results of the BRT’s determination. Even though the risks Based on this review, NMFS has status review, an analysis of Federal, confronting these ESUs had been determined that the Northern California state, and local conservation measures, reduced to a point at which listing was steelhead ESU warrants listing as a and other information which NMFS not warranted, NMFS still expressed threatened species at this time. determined constituted the best concerns about the status of these three Accordingly, NMFS is now issuing a scientific and commercial data ESUs in the notice of determination,

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The 13347), decision not to list the Northern implementation through the existing scientific name for the biological species California steelhead ESU was based timber harvest plan process, do not that includes both steelhead and largely on a determination that ensure protection of anadromous rainbow trout has been changed from sufficient Federal and state conservation salmonid habitat and populations. To Salmo gairdneri to O. mykiss. This measures were in place to reduce threats address these shortcomings, and as change reflects the premise that all to the ESU such that the proposed specified in the NMFS/California MOA, trouts from western North America threatened listing was unnecessary. The the California Resources Agency and share a common lineage with Pacific Federal and state conservation measures CalEPA jointly presented the Board of salmon. upon which NMFS based this Forestry with a proposed rule change Steelhead typically migrate to marine determination included: (1) package in July 1999. Following several waters after spending 2 years in fresh implementation of a March 11, 1998, months of public review, the Board of water. They then reside in marine Memorandum of Agreement (MOA) Forestry took no action on the package waters for typically 2 or 3 years prior to between NMFS and the State of in October 1999, thereby precluding any returning to their natal stream to spawn California (NMFS/California MOA, possibility of implementing as 4- or 5-year-olds. Unlike other Pacific 1998), with particular importance given improvements in California’s FPRs by salmon, steelhead are iteroparous, to implementation of those provisions January 1, 2000, as the State committed meaning they are capable of spawning in the MOA which were intended to to do in the NMFS/California MOA. more than once before they die. improve non-Federal forest land Although NMFS’ March 19, 1998, However, it is rare for steelhead to protections in the ESU (81 percent of decision not to list the Northern spawn more than twice before dying; land ownership is non-Federal land); (2) California ESU concluded that most that do so are females. Steelhead implementation of more restrictive in- improvements in steelhead harvest and adults typically spawn between river harvest regulations by California hatchery management would provide December and June (Bell, 1990; Busby et which were intended to reduce immediate conservation benefits to this al., 1996). Depending on water mortality and increase the viability of ESU, an essential component of the temperature, steelhead eggs may naturally reproducing steelhead decision was based on NMFS’ incubate in ‘‘redds’’ (nesting gravels) for populations; and (3) improved expectation that changes in the State’s 1.5 to 4 months before hatching as protections to habitat and naturally FPRs would be implemented by January ‘‘alevins’’ (a larval life stage dependent reproducing steelhead from expanded 1, 2000. Because these critical on food stored in a yolk sac). Following habitat protection and restoration conservation measures are not being yolk sac absorption, young juveniles or efforts, improvements in the implemented by the State of California ‘‘fry’’ emerge from the gravel and begin management of hatchery steelhead and, therefore, are not reducing threats actively feeding. Juveniles rear in fresh stocks, and expanded population to this ESU that were anticipated at the water from 1 to 4 years, then migrate to monitoring. time of its March 19, 1998, decision not the ocean as ‘‘smolts.’’ At the time of its decision not to list to list the ESU, NMFS determined that Biologically, steelhead can be divided the Northern California ESU, NMFS a formal reconsideration of the status of into two reproductive ecotypes, based considered the protection and this ESU was warranted (December 3, on their state of sexual maturity at the restoration of freshwater spawning, 1999, Memorandum from Rodney R. time of river entry and the duration of rearing, and migratory habitat on non- McInnis and William Stelle, Jr. to their spawning migration. These two Federal lands to be essential for the Penelope D. Dalton (NMFS, 1999). ecotypes are termed ‘‘stream maturing’’ long-term survival and recovery of this and ‘‘ocean maturing.’’ Stream maturing ESU because non-Federal lands Steelhead Life History and Background steelhead enter fresh water in a sexually represented such a large portion of the Biological information for west coast immature condition and require several available habitat (81 percent) (63 FR steelhead (Oncorhynchus mykiss) and months to mature and spawn. Ocean 13347, March 19, 1998). Because of the Northern California ESU in maturing steelhead enter fresh water NMFS’ concerns regarding the particular, can be found in steelhead with well developed gonads and spawn preponderance of private timber lands status assessments conducted by NMFS shortly after river entry. These two and timber harvest in the Northern (Busby et al., 1996; NMFS, 1997a; reproductive ecotypes are more California ESU, the NMFS/California NMFS, 2000) and in previous Federal commonly referred to by their season of MOA contained several provisions Register documents (61 FR 41541, freshwater entry (i.e., summer (stream calling for the review and revision of August 9, 1996; 63 FR 13347, March 19, maturing) and winter steelhead (ocean California’s forest practice rules (FPRs), 1998). A summary of steelhead life maturing)). The Northern California and a review of their implementation history follows. ESU contains populations of both and enforcement by January 1, 2000. O. mykiss exhibits one of the most winter and summer steelhead. NMFS considered full implementation complex suites of life history traits of Two major genetic groups or of these critical provisions within the any salmonid species. Individuals may ‘‘subspecies’’ of steelhead occur on the specified time frame to be essential for exhibit anadromy (meaning they migrate west coast of the United States: a coastal achieving properly functioning habitat as juveniles from fresh water to the group and an inland group, separated in conditions for steelhead in this ESU. ocean, and then return to spawn in fresh the Fraser and Columbia River Basins In accordance with the NMFS/ water) or freshwater residency (meaning approximately by the Cascade crest California MOA, a scientific review they reside their entire life in fresh (Huzyk & Tsuyuki, 1974; Allendorf, panel was established by the state to water). Resident forms are usually 1975; Utter & Allendorf, 1977; Okazaki, review the California FPRs, including referred to as ‘‘rainbow’’ or ‘‘redband’’ 1984; Parkinson, 1984; Schreck et al.,

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1986; Reisenbichler et al., 1992). must be reproductively isolated from extreme southern end of the contiguous Behnke (1992) proposed classifying the other conspecific population units; and portion of the Coast Range Ecoregion coastal subspecies as O. m. irideus and (2) it must represent an important (Omernick, 1987). Elevated stream the inland subspecies as O. m. gairdneri. component in the evolutionary legacy of temperatures (greater than 20° C) are a These genetic groupings apply to both the biological species. The first factor in some of the larger river basins, anadromous and nonanadromous forms criterion, reproductive isolation, need but not to the extent that they are in of O. mykiss. Both coastal and inland not be absolute, but must be strong river basins farther south. Precipitation steelhead occur in Washington and enough to permit evolutionarily is generally higher in this geographic Oregon. California is thought to have important differences to accrue in area than in regions to the south, only coastal steelhead while Idaho has different population units. The second averaging 100–200 cm of rainfall only inland steelhead. The Northern criterion is met if the population annually (Donley et al., 1979). With the California steelhead ESU is part of the contributes substantially to the exception of major river basins such as coastal grouping. ecological/genetic diversity of the the Eel, most rivers in this region have Historically, steelhead were species as a whole. Guidance on the peak flows of short duration. Strong and distributed throughout the North Pacific application of this policy is contained in consistent coastal upwelling begins at Ocean from the Kamchatka Peninsula in Waples (1991), a NOAA Technical about Cape Blanco and continues south Asia to the northern Baja Peninsula. Memorandum entitled ‘‘Definition of into central California, resulting in a Presently, the species distribution ‘Species’ Under the Endangered Species relatively productive nearshore marine extends from the Kamchatka Peninsula, Act: Application to Pacific Salmon,’’ environment. east and south along the Pacific coast of which are available upon request (see The Northern California ESU includes North America, to at least Malibu Creek ADDRESSES). The genetic, ecological, and both winter and summer steelhead, in southern California. There are life history characteristics, as well as including what is presently considered infrequent anecdotal reports of human-induced genetic changes that to be the southernmost population of steelhead occurring as far south as the NMFS assessed to identify the number summer steelhead, in the Middle Fork Santa Margarita River in San Diego and geographic extent of steelhead ESUs Eel River. Half-pounder juveniles also County (McEwan & Jackson, 1996). In on the west coast, including the occur in this geographic area, 1999, juvenile O. mykiss suspected of Northern California steelhead ESU, are specifically in the Mad and Eel Rivers. being the progeny of steelhead were discussed in detail in Busby et al. (1996) Snyder (1925) first described the half- reported from San Mateo Creek which is and in the August 9, 1996, proposed pounder from the Eel River; however, in northernmost San Diego County, just listing determination for west coast Cramer et al. (1995) suggested that north of the Santa Margarita River. steelhead (61 FR 41541). adults with the half-pounder juvenile Historically, steelhead likely inhabited life history may not spawn south of the most coastal streams in Washington, Northern California Steelhead ESU Klamath River Basin. As with the Rogue Oregon, and California as well as many Determination and Klamath Rivers which are located inland streams in these states and Idaho. The Northern California steelhead in the Klamath Mountains Province However, during this century, over 23 ESU has been described in previous ESU, some of the larger rivers in this indigenous, naturally reproducing Federal Register documents (61 FR ESU have migrating steelhead year- stocks of steelhead are believed to have 41541, 62 FR 43937 and 63 FR 13347) round, and seasonal runs have been been extirpated, and many more are based on analyses conducted by NMFS named. River entry ranges from August thought to be in decline in numerous and summarized in the following through June and spawning from coastal and inland streams in documents: ‘‘Status Review for West December through April, with peak Washington, Oregon, Idaho, and Coast Steelhead from Washington, spawning in January in the larger basins California. Forty-three stocks have been Idaho, Oregon, and California’’ (Busby and in late February and March in the identified by Nehlsen et al (1991) as et al., 1996) and ‘‘Status Review Update smaller coastal basins. being at moderate or high risk of for West Coast Steelhead from Based on the review of steelhead extinction. Washington, Idaho, Oregon, and hatchery programs in this ESU (NMFS, California’’ (NMFS, 1997). The 1998a), NMFS’ steelhead BRT Consideration as a ‘‘Species’’ Under the relationship between hatchery steelhead concluded that the following steelhead ESA populations and naturally spawned hatchery stocks are part of this ESU To qualify for listing as a threatened steelhead within this ESU was also because they were established from or endangered species, the identified assessed in: ‘‘Status Review Update indigenous natural populations and populations of steelhead must be Deferred ESUs of West Coast Steelhead: there is limited impact from the considered ‘‘species’’ under the ESA. Hatchery Populations’’ (NMFS, 1998a). inclusion of out-of-basin fish in the The ESA defines ‘‘species’’ to include Copies of these NMFS documents are broodstock: Van Arsdale Fisheries ‘‘any subspecies of fish or wildlife or available upon request (see ADDRESSES). Station stock (Eel River), the Yager plants, and any distinct population NMFS has received no new scientific Creek stock (Eel River tributary), Ten segment of any species of vertebrate fish information indicating that a change in Mile River stock, and North Fork or wildlife which interbreeds when the Northern California ESU definition Gualala River stock. The BRT concluded mature.’’ NMFS published a policy (56 is warranted. that the Mad River hatchery summer FR 58612, November 20, 1991) This Northern California coastal steelhead stock is not part of the ESU describing how the agency will apply steelhead ESU occupies river basins based on its origin from out-of-basin the ESA definition of ‘‘species’’ to from Redwood Creek in Humboldt steelhead populations combined with anadromous salmonid species. This County, CA to the Gualala River, the mixing of Eel River summer policy provides that a salmonid inclusive, in Mendocino County, CA. steelhead in the broodstock. Rearing of population will be considered distinct, Dominant vegetation along the coast is this stock was terminated at the Mad and hence a species, under the ESA, if redwood forest, while some interior River hatchery in 1996. The majority of it represents an ESU of the biological basins are much drier than surrounding the BRT concluded that the Mad River species. A population must satisfy two areas and are characterized by many hatchery winter steelhead stock is not criteria to be considered an ESU: (1) It endemic species. This area includes the part of this ESU although a minority of

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This stock was founded The status of the Northern California supplemental review of factors affecting from South Fork Eel River steelhead ESU was reassessed by NMFS’ BRT in west coast steelhead also identified (within the ESU, but out of the Mad an updated status review following the water diversion and extraction, River basin) and some local Mad River 6-month period of deferral because of agriculture, and mining as factors steelhead. scientific disagreements (NMFS, 1997a). affecting habitat conditions for Based on this updated status review, steelhead in this ESU (NMFS, 1996). Status of Northern California Steelhead NMFS’ BRT once again concluded that In conjunction with this ESU Northern California steelhead ESU was reconsideration of the Northern Section 3 of the ESA defines the term likely to become endangered in the California steelhead ESU, NMFS’ ‘‘endangered species’’ as ‘‘any species foreseeable future. The BRT reported Southwest Fisheries Science Center which is in danger of extinction that there was very limited abundance (SWFSC) recently completed another throughout all or a significant portion of data available for this ESU, particularly updated status review for this ESU its range.’’ The term ‘‘threatened for winter-run steelhead. The most (January 2000 Memorandum from Pete species’’ is defined as ‘‘any species complete data set available in this ESU Adams, Southwest Fisheries Science which is likely to become an is a time series of winter steelhead dam Center (SWFSC) to Rodney R. McInnis, endangered species within the counts on the Eel River at Cape Horn Regional Administrator, Southwest foreseeable future throughout all or a Dam. The updated abundance data Region (NMFS, 2000)). Based on a significant portion of its range. In its (through 1997) showed moderately review of updated abundance and trend previous status reviews for west coast declining long-term and short-term information that was available for this salmon and steelhead, NMFS has trends in abundance, and the vast ESU, the SWFSC concluded that the identified a number of factors that majority of these fish were believed to current status of the ESU has not should be considered in evaluating the be of hatchery origin. These data show changed significantly since it was last level of risk faced by an ESU, including: a strong decline in abundance prior to evaluated by NMFS’ BRT in December (1) absolute numbers of fish and their 1970, but no significant trend thereafter. 1997 (NMFS, 1997a). Updated spatial and temporal distribution; (2) Additional winter steelhead data are abundance and trend data show small current abundance in relation to available for Sweasy Dam on the Mad increases for winter and summer historical abundance and current River which show a significant decline, steelhead in the Eel River, but current carrying capacity of the habitat; (3) but that data set ends in 1963. For the abundance is well below estimates in trends in abundance; (4) natural and seven populations where recent trend the 1980s and even further reduced human-influenced factors that cause data were available, the only runs from levels in the 1960s. Redwood variability in survival and abundance; showing recent increases in abundance Creek summer steelhead abundance (5) possible threats to genetic integrity in the ESU were the relatively small remains very low. There are no new (e.g., from strays or outplants from populations of summer steelhead in the data suggesting substantial increases or hatchery programs); and (6) recent Mad River which has had high hatchery decreases in populations since the last events (e.g., a drought or changes in production, and winter steelhead in updated status review was completed. harvest management) that have Prairie Creek where the increase may be The Eel River winter and summer predictable short-term consequences for due to increased monitoring or steelhead populations, which represent abundance of the ESU. mitigation efforts. the best available data set for this ESU, Based on these factors and the best As in its original assessment, the BRT are still severely reduced from pre– available scientific information, NMFS’ continued to be concerned about the 1960’s levels. BRT first reviewed the status of the risks associated with interactions Northern California ESU in its original between naturally spawning Summary of Factors Affecting the coast-wide status review for steelhead populations and hatchery steelhead in Species (Busby et al., 1996). The BRT concluded this ESU. Of particular concern to the Section 4(a)(1) of the ESA and NMFS’ that the Northern California steelhead BRT was the potentially deleterious implementing regulations (50 CFR part ESU was likely to become endangered impact to wild steelhead from past 424) set forth procedures for listing in the foreseeable future. Population hatchery practices at the Mad River species. The Secretary of Commerce abundance was determined to be very hatchery, primarily from transfers of (Secretary) must determine, through the low relative to historical estimates non-indigenous Mad River hatchery fish regulatory process, if a species is (1930’s dam counts), and recent trends to other streams in the ESU and the endangered or threatened based upon were downward in stocks for which production of non-indigenous summer any one or a combination of the data were available with the exception steelhead. These potentially deleterious following factors: (1) The present or of two summer steelhead stocks. hatchery practices for summer steelhead threatened destruction, modification, or Summer steelhead abundance in ended in 1996. curtailment of its habitat or range; (2) particular was very low in this ESU. The Habitat degradation and other factors overutilization for commercial, BRT expressed particular concern were also of concern to the BRT in its recreational, scientific, or education regarding sedimentation resulting in reassessment of the long-term risks to purposes; (3) disease or predation; (4) part from poor land management this ESU. Specific factors which the inadequacy of existing regulatory practices and channel restructuring due BRT identified included dams on the mechanisms; or (5) other natural or to floods. The abundance of the upper Eel and Mad Rivers, the likely human-made factors affecting its pikeminnow as a predator in the Eel existence of minor blockages throughout continued existence. River was also identified as a significant the ESU, continuing impacts of NMFS has prepared a report that concern. For the Mad River, in catastrophic flooding on the 1960s, and summarizes the factors leading to the particular, the BRT was concerned reductions in riparian and instream decline of steelhead on the west coast about the influence of hatchery stocks habitat and increased sedimentation entitled: ‘‘Factors for Decline: A both in terms of genetic introgression from timber harvest activities. The BRT supplement to the notice of and the potential for ecological also cited poaching of summer steelhead determination for west coast steelhead’’

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(NMFS 1996). This report, available Oregon’s wetlands are estimated to have juvenile steelhead in mainstem rearing upon request (see ADDRESSES section), diminished by one-third, while and migratory areas through a concludes that all of the factors California has experienced a 91–percent combination of gear restrictions and identified in section 4(a)(1) of the ESA loss of its wetland habitat (Dahl, 1990; delayed seasonal openings; prohibited have played a role in the decline of the Jensen et al., 1990; Barbour et al., 1991; retention of summer steelhead during species. The report identifies Reynolds et al., 1993). Loss of habitat their upstream migration and prohibited destruction and modification of habitat, complexity has also contributed to the fishing in their summer holding areas; overutilization for recreational decline of steelhead. For example, in and provided for directed harvest and purposes, and natural and human-made national forests in Washington, there retention of hatchery-produced factors as being the primary causes for has been a 58–percent reduction in steelhead which are fully marked state- the decline of steelhead on the west large, deep pools due to sedimentation wide. NMFS (1998b,c,d) analyzed these coast. NMFS (1996) identified several and loss of pool-forming structures such new regulations and concluded that factors that were considered to have as boulders and large wood (FEMAT, they would substantially reduce fishing contributed to its decline of the 1993). Similarly, in Oregon, the effort and reduce mortality to that Northern California steelhead ESU abundance of large, deep pools on associated with catch-and-release of including: impacts from historic private coastal lands has decreased by naturally produced steelhead in the flooding (principally in 1964), as much as 80 percent (FEMAT, 1993). Northern California ESU. These predation, water diversions and Sedimentation from land use activities regulations remain in effect and are extraction, minor habitat blockages, is recognized as a primary cause of enforced by DFG. poaching, timber harvest, agriculture, habitat degradation in the range of west and mining. NMFS’s steelhead BRT also coast steelhead, including the northern Disease or Predation identified the potentially adverse California steelhead ESU. Infectious disease is one of many impacts of the release of non-indigenous Overutilization for Commercial, factors that can influence adult and hatchery-produced steelhead in this Recreational, Scientific, or Education juvenile steelhead survival. Steelhead ESU as an important factor, and Purposes are exposed to numerous bacterial, expressed concerns regarding the lack of protozoan, viral, and parasitic Steelhead are not generally targeted in reliable abundance and trend data for organisms in spawning and rearing commercial fisheries. High seas driftnet assessing the status of steelhead in this areas, hatcheries, migratory routes, and fisheries in the past may have ESU (NMFS, 1997a). Finally, NMFS was the marine environments. Specific contributed slightly to a decline of this also concerned about the impacts of diseases such as bacterial kidney species in local areas, but could not be recreational angling because of the disease, ceratomyxosis, columnaris, solely responsible for the large declines depressed status of steelhead furunculosis, infectious hematopoietic in abundance observed along most of populations and the uncertainty necrosis virus, redmouth and black spot the Pacific coast over the past several regarding the status of this ESU (March disease, erythrocytic inclusion body 11, 1998, Memorandum from William decades. Steelhead support an important syndrome, and whirling disease, among Hogarth to Rolland Schmitten (NMFS, others, are present and are known to 1998e)). The following discussion recreational fishery throughout most of their range. During periods of decreased affect steelhead and salmon (Rucker et briefly summarizes findings regarding al., 1953; Wood, 1979; Leek, 1987; Foott factors for decline across the range of habitat availability (e.g., drought conditions or summer low flows when et al., 1994; Gould and Wedemeyer, west coast steelhead, including the undated). Very little current or Northern California ESU. fish are concentrated), the impacts of recreational fishing on native historical information exists to quantify The Present or Threatened Destruction, anadromous stocks may be heightened. changes in infection levels and Modification, or Curtailment of Although harvest of steelhead in the mortality rates attributable to these Steelhead Habitat or Range Northern California ESU was not diseases for steelhead. However, studies Steelhead on the West Coast of the originally identified as a major factor for have shown that naturally spawned fish United States have experienced declines decline (NMFS 1996), NMFS is tend to be less susceptible to pathogens in abundance in the past several concerned about the impacts of than hatchery-reared fish (Buchanon et decades as a result of natural and recreational angling because of al., 1983; Sanders et al., 1992). human factors. Forestry, agriculture, depressed steelhead population levels Introductions of non-native species mining, and urbanization have and the lack of reliable abundance and and habitat modifications have resulted degraded, simplified, and fragmented trend data for accurately assessing the in increased predator populations in habitat. Water diversions for agriculture, status of individual populations and the numerous river systems, thereby flood control, domestic, and ESU as a whole. Because of NMFS’ increasing the level of predation hydropower purposes have greatly concerns about recreational angling experienced by salmonids. In the reduced or eliminated historically impacts to naturally reproduced Northern California steelhead ESU, accessible habitat. Among other factors, steelhead populations in coastal predation from Sacramento pikeminnow NMFS (1996) specifically identified watersheds in California north of the that were released into the Eel River is timber harvest, agriculture, mining, Russian River, the California a major problem. Predation from habitat blockages, and water diversions Department of Fish and Game (DFG) pikeminnow is discussed in more detail as important factors for the decline of proposed and the California Fish and in NMFS (1996). DFG is engaged in an steelhead in the Northern California Game Commission adopted new aggressive campaign to control ESU. NMFS (1998a) discussed these steelhead angling regulations in 1998 for pikeminnow predation in the Eel River. factors in more detail. Studies estimate all watersheds in the Northern Ongoing efforts to implement improved that during the last 200 years, the lower California ESU. These new regulations downstream flow releases from the 48 states have lost approximately 53 prohibited retention of naturally Potter Valley hydroelectric project in percent of all wetlands and the majority spawned adult steelhead; eliminated the upper Eel River may assist the State of the rest are severely degraded (Dahl fishing for juvenile steelhead in in its efforts to control pikeminnow 1990; Tiner 1991). Washington and tributary streams; minimized impacts on predation.

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Predation by marine mammals is also (lower reach of Redwood Creek) will Department of the Interior, and the of concern in some areas experiencing provide some limited benefits to Department of Commerce entered into a dwindling steelhead run sizes. NMFS steelhead. Nevertheless, long-term complex land purchase, land exchange (1997b) reviewed the available literature habitat protection and the key to and Habitat Conservation Plan (PALCO concerning the impacts of California sea achieving properly functioning habitat HCP) transaction covering the lion and Pacific harbor seal predation conditions in this ESU continues to be Headwaters Forest, Elk Head Springs on west coast anadromous salmonids, improvement in non-Federal land Forest and the remainder of Pacific and concluded that there was management, particularly those lands Lumber Company’s land holdings in insufficient data in all but one instance used for timber harvest. Humboldt County California. The (i.e., Ballard Locks in Puget Sound) to Because listed coho salmon occur on Federal and state governments acquired conclude that pinnipeds were having a Federal lands in the Northern California approximately 10,000 acres of conifer significant impact on wild salmon or steelhead ESU, NMFS routinely engages and hardwood forest, over 3,000 acres of steelhead populations. For this reason, the U.S. Forest Service, Bureau of Land which is ancient redwoods, some of and because of the high likelihood that Management, and Redwood Creek which are over 1,000 years old. This impacts might be occurring, the study National Park in ESA section 7 land is now subject to Federal and state concluded that substantial additional consultations to ensure that ongoing or control under conservation easements. research was needed to address this proposed activities do not jeopardize The PALCO HCP, which has a 50-year issue further. Based on this research coho salmon or adversely modify its term, covers 211,000 acres of non- recommendation, NMFS has initiated critical habitat. Through this section 7 Federal land timber lands in several several field studies in coastal consultation process, NMFS ensures drainages that occur in the northern watersheds on the west coast designed that the NFP and other protective portion of Northern California steelhead to assess the magnitude of pinniped measures are fully implemented on ESU. These include portions of several predation on individual salmon or Federal lands that occur in this ESU. tributaries to Humboldt Bay (Elk River, steelhead populations. In California, These measures are also expected to Jacoby Creek, Freshwater Creek, and these studies are being conducted in the benefit steelhead. Salmon Creek), and portions of the Van lower Klamath River, Scott Creek, and The Pacific Gas and Electric Duzen River (including Yager Creek), the San Lorenzo River. Company’s (PG&E) Potter Valley Eel River, Bear River, Salt River, and hydroelectric project is a major diverter Mattole River watersheds. The PALCO Inadequacy of Existing Regulatory of water from the mainstem Eel River, HCP affects the following federally Mechanisms which is located in the Northern listed and candidate anadromous 1. Federal Land and Water Management California ESU. This water is diverted salmonid ESUs: (1)Southern Oregon/ into the Russian River basin to generate Northern California coho salmon The Northwest Forest Plan (NFP) is a hydroelectric power and provide water (threatened), (2) Northern California Federal land management policy with for agriculture and urban uses. Pursuant steelhead (candidate), and (3) California important benefits for west coast to a Federal Energy Regulatory Coastal Chinook salmon (threatened). steelhead. While the NFP covers a very Commission (FERC) licensing The HCP also covers numerous large area, the overall effectiveness of requirement, PG&E implemented a 10- terrestrial species listed under the ESA the NFP in conserving steelhead is year monitoring program in the Eel and California Endangered Species Act. limited by the extent of Federal lands River for the purpose of developing The PALCO HCP’s Operating and the fact that Federal land ownership recommendations for modifying the Conservation Program (Program) is not uniformly distributed in flow release schedule and other project contains the conservation and watersheds that comprise individual facilities and/or operations necessary to management measures and ESUs. The extent and distribution of protect and maintain fishery resources, prescriptions necessary to minimize, Federal lands limits the ability of the including steelhead. This study was mitigate, and monitor the impacts of NFP to achieve its aquatic habitat completed in 1996, as was construction take of the covered species resulting restoration objectives at watershed and of a $14 million dollar fish screen from timber operations. The Program river basin scales, and highlights the facility at the Van Arsdale Dam incorporates specific conservation plans importance of complementary salmon diversion on the Eel River. Based on the for all terrestrial and aquatic species habitat conservation measures on non- results of the monitoring study, PG&E covered under the HCP, along with federal lands within the subject ESUs. has developed a proposal for project measures to conserve habitat diversity Federal land ownership and operations that, along with several and structural components. management in the Northern California others, are the subject of National An Aquatics Conservation Plan (ACP) steelhead ESU is very limited; Environmental Policy Act review for is an integral part of the overall representing only 19 percent of the total ongoing FERC license amendment Program. The goal of the ACP is to land area. Federal lands (i.e., Redwood proceedings. FERC is currently maintain or achieve over time properly National Park, portions of Mendocino conducting environmental review of functioning aquatic habitat conditions, National Forest, and the Kings Range this proposal with input from NMFS, which are essential to the long-term National Conservation Area) that do DFG and the U.S. Fish & Wildlife survival of salmonids. The reduction in occur in this ESU are also highly Service (USFWS). Implementation of an land management impacts and habitat fragmented, unlike some other steelhead alternative that provides additional improvement that will be realized ESUs (e.g., Klamath Mountains Province instream flows in the Eel River, and through implementation of the ACP will and Snake River Basin). Although provides for Sacramento pikeminnow also benefit other species. Federal lands are limited in extent and control, in conjunction with the new Monitoring for implementation, fragmented in this ESU, NMFS believes fish screening facility, would be effectiveness, and trends is a critical that implementation of the NWFP on expected to improve habitat quality and component of the Program. The Mendocino National Forest lands (upper benefit steelhead in this ESU by monitoring component includes an reaches of Eel and Mad Rivers) and increasing survival. independent third-party monitor to implementation of other habitat On March 1, 1999, the Pacific Lumber determine if the provisions of the protections in Redwood National Park Company, the State of California, the aquatics plan are effective and whether

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NMFS believes that the conservation to the FPRs and the THP approval This county-level conservation measures contained in the HCP will process were made, properly planning approach involves a thorough protect and provide for long-term functioning habitat conditions would review of general plans, ordinances, conservation of steelhead populations not be ensured on non-Federal lands in procedures, practices, and policies occurring on PALCO lands in the the Northern California steelhead ESU. developed and implemented at the Northern California ESU. The NMFS/California MOA which county level. Through the assessment was entered into in March 1998 to and evaluation of these county- 2. Land Management ensure the conservation of north coast controlled mechanisms, a process is The California Department of Forestry steelhead in California contained being developed that will enable the and Fire Protection (CDF) enforces specific provisions to address NMFS’ counties to exert control at the local California’s forest practice rules (FPRs) concerns over the California FPRs. In level over human activities that can on non-Federal (private and State the NMFS/California MOA, the State adversely affect anadromous salmonid managed forests) lands. These rules are committed to: (1) conduct a scientific populations and habitat. This multi- promulgated through the State Board of review of the State’s FPRs, including county planning effort culminated in a Forestry (BOF). Timber harvest their implementation and enforcement; Memorandum of Agreement (Multi- activities have been documented to (2) make appropriate changes in County MOA) which was signed by all result in adverse effects on streams and implementation and enforcement of the five counties in late 1997. Under the stream side zones including the loss of FPRs based on this review; and (3) make terms of the Multi-County MOA, the large woody debris, increased recommendations to the BOF for counties agreed to embark on a sedimentation, loss of riparian changes in the FPRs if they were found cooperative planning and restoration vegetation, and the loss of habitat to be necessary for the conservation of effort; assess the adequacy of existing complexity and connectivity (NMFS Northern California coastal anadromous general plans, county policies and 1996). salmonids. Full implementation of these practices, zoning and other land use The vast majority of freshwater provisions in the NMFS/California ordinances; review county management habitat in the Northern California MOA, including implementation of procedures that affect anadromous steelhead ESU (approximately 81 changes in the FPRs by January 1, 2000, salmonid habitat in each county; percent of total land) is on non-Federal was a critical factor in NMFS’s decision recommend changes to specific county lands, with the majority being privately to not list this ESU. ordinances and/or practices as owned. For the major river basins in this In accordance with these provisions, necessary; develop a watershed-based ESU (i.e. Redwood Creek, Mad River, a subcommittee of the state’s scientific education and technical assistance/ Eel River, Mattole River, Ten Mile River, review panel for its Watershed training program for local agencies and Noyo River, Big River, Albion River, Protection Program was appointed to decision-makers that will foster better Navarro River, Garcia River, and Gualala undertake an independent review of the understanding of the linkages between River), private forest lands average FPRs. The subcommittee’s review and land use and county maintenance about 75 percent of the total acreage, recommendations were completed and practices and salmonid habitat; and seek with a range of 42 percent (Eel River) to presented to the BOF in June 1999. The to establish some form of regulatory 94 percent (Gualala River). scientific review panel concluded that recognition at the state and/or Federal NMFS reviewed the California FPRs California’s FPRs, including their level. as part of its listing determination for implementation through the timber This multi-county assessment is being the Northern California steelhead ESU harvest plan process, do not ensure used to document the effectiveness of (53 FR 13347; March 19, 1998). That protection of anadromous salmonid existing regulations. Where the review concluded that although the populations. Based in part on the assessment identifies areas for FPRs mandate protection of sensitive scientific review panel report and improvement, the planning effort will resources such as anadromous findings in July 1999, the California develop alternative policies, ordinances salmonids, the FPRs and their Resources Agency and CalEPA jointly and practices that are suitable for implementation and enforcement do not presented the BOF with a proposed rule maintaining or enhancing anadromous accomplish this objective. Specific change package designed to address salmonid habitat. The assessment will problems with the FPRs include: (1) shortcomings in the state’s existing address the need to focus public works protective provisions that are not FPRs. The BOF circulated the proposed projects on sites that improve fisheries supported by scientific literature; (2) rule package for public review, held habitat. A watershed-based approach provisions that are scientifically several meetings and two public will be used, even where watersheds inadequate to protect salmonids hearings on the proposals from July cross county boundaries, to ensure that including steelhead; (3) inadequate and until October 1999, but failed to take enhancement efforts are complementary ineffective cumulative effects analyses; action to adopt any of the proposed FPR to natural ecosystem processes. (4) dependence upon registered changes. The outcome of this county-level professional foresters that may not As a result of the listing of coho effort is expected to be a comprehensive possess the necessary level of multi- salmon in coastal watersheds in and coordinated analysis of local land disciplinary technical expertise to northern California, the counties of Del use regulations. Where it is found that develop timber harvest plans (THPs) Norte, Siskiyou, Trinity, Humboldt, and development standards such as protective of salmonids; (5) dependence Mendocino developed and have subdivision restrictions, zoning, and by CDF on other State agencies to implemented a multi-county, regional capital improvement programs may not review and comment on THPs; (6) approach to assessing and improving adequately maintain or restore salmonid failure of CDF to incorporate county-controlled activities in order to habitat, model ordinances will be recommendations from other agencies; enhance the quality and increase the developed for consideration by each of and (7) inadequate enforcement due to quantity of salmonid habitat that is the participating counties. Conversely,

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This collaborative, review the implementation status of The next step in the NRCS MOU regionally based planning effort is these plans at intervals of 3,5 and 10 process will be to incorporate the designed to be complementary with years, provided that sufficient resources specific interests of the State of state and national salmonid recovery are available. NMFS is encouraged by California. The current draft MOU lacks efforts. The planning process these ongoing efforts. Plans that are language describing the roles and encourages public participation through consistent with this guidance are likely responsibilities of the State. The draft direct contact with interested public to result in meeting state water quality MOU is under review by the state and agencies, landowners, community standards, but the program is voluntary upon completion is expected to be organizations, environmental groups, and it is uncertain to what extent their formally signed by all parties. industry representatives, and others. implementation will contribute to 3. Dredge, Fill, and In-water The public process is being improved habitat conditions and Construction Programs implemented through public hearings, riparian function. meetings, scoping sessions, forums and The USDA Natural Resources The Army Corps of Engineers (COE) other avenues. Conservation Service (NRCS), NMFS, regulates removal/fill activities under Agricultural activity has had multiple USFWS, the U.S. Environmental section 404 of the Clean Water Act and often severe impacts on salmonid Protection Agency (EPA), the California (CWA), which requires that the COE not habitat. These include depletion of Association of Resource Conservation permit a discharge that would ‘‘cause or needed flows due to irrigation Districts (CARCD), and the State of contribute to significant degradation of withdrawals; blocking of fish passage by California have recently developed a the waters of the United States.’’ One of diversion or other structures; joint approach that is expected to the factors that must be considered in destruction of riparian vegetation and encourage the voluntary use of this determination is cumulative effects. bank stability by grazing or cultivation improved conservation management However, the COE guidelines do not practices; and channelization resulting practices for agriculture on private land. specify a methodology for assessing in loss of side-channel and wetland- Recognizing that recovery of listed and cumulative impacts or how much related habitat (NMFS, 1996). other at-risk salmonid populations weight to assign them in decision- Impacts from agricultural and grazing depends on the willing participation of making. Furthermore, the COE does not practices have not historically been private landowners, these agencies have have in place any process to address the closely regulated in California. This is the goal of providing an incentive to additive effects of the continued an important concern to NMFS because landowners to enhance the quality and development of waterfront, riverine, a significant portion of the acreage in quantity of habitat needed by species of coastal, and wetland properties. the Northern California ESU is concern. To accomplish this goal, the The COE, state, and local comprised of farmland. For example, agencies have agreed to support governments have developed and farmland constitutes approximately 25– cooperative approaches and consensus- implemented procedures reviewing, 30 percent of the total acreage of building activities, foster approving, and monitoring gravel Humboldt and Mendocino counties, communication among agencies and mining activities in Del Norte and which in turn constitutes much of the private landowners, share resources and Humboldt counties which are Northern California ESU. Private lands, information, and establish strong, authorized under a Letter of Permission and public lands not administered by effective working relationships that (LOP) process. This process regulates the Federal government, are now being instill trust and promote sound gravel mining in a substantial portion of addressed by the California Rangeland stewardship. the Northern California ESU (including Water Quality Management Program This agreement is the subject of a the Mad, Eel and Van Duzen Rivers) (CRWQMP), which was adopted by the draft Memorandum of Understanding where listed coho salmon and chinook State Water Resources Control Board (MOU) among the partner agencies. salmon populations also occur. These and CDF in 1995. The CRWQMP is a Through the procedures described in procedures are designed to provide water quality improvement program the MOU, practices contained in the substantially improved protection for based on the voluntary participation of NRCS Field Office Technical Guides anadromous salmonids and their landowners for compliance with state (FOTG) will undergo ESA section 7 habitats, including steelhead. Important and federal non-point source pollution review by NMFS and USFWS. For those elements of the process include: a reduction requirements. The CRWQMP practices that NMFS and USFWS prohibition on gravel mining in the was initiated as a cooperative effort determine are not likely to adversely active channel and on trenching except among the livestock industry, affect listed species or critical habitat, in limited instances, a restriction on conservation organizations, and state the landowner should have confidence gravel operations to the dry season, and Federal agencies, to address the that those practices, if implemented in monitoring of channel cross sections to impacts of grazing and land use accordance with the FOTG standards detect changes in channel morphology practices on water quality in streams and specifications, will not result in any and habitat conditions, fisheries that flow through private property. additional permitting requirement or monitoring, and gravel mining on a Through this program, private penalties under the ESA. The objective sustained yield basis. An additional landowners will be able to maintain of this MOU is to encourage the element of the process in Humboldt rangeland productivity and enhance adoption of protective land use County is the participation of an landowners’ abilities to manage these practices on private lands, to provide independent scientific review lands in a manner that maintains water some regulatory assurance for committee, which makes annual quality standards necessary for the landowners, to improve habitat recommendations on gravel extraction survival and recovery of listed conditions for sensitive species, to limits and site design features in order salmonids. continue sustainable economic to minimize adverse impacts.

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Additionally, any channel crossings impaired water bodies, set priorities for been scheduled for development of must be designed to allow for fish addressing the pollutant source, and TMDLs. The schedule for development passage. NMFS participated in the write pollutant control plans to achieve of TMDLs in northern California development of these procedures and and maintain water quality standards. extends to the year 2011 (Russian River has concluded, through section 7 These plans, Total Maximum Daily and Lake Pillsbury). The schedule in consultation with the COE, that these Loads (TMDLs), provide an effective this area is driven in part by a consent procedures will not jeopardize the mechanism for determining the causes decree (Pacific Coast Federation of continued existence of coho salmon or of water body impairment, quantifying Fishermen’s Associations, et al. v. steelhead. NMFS recently reinitiated the various pollutant sources, and Marcus, No. 95–4474 MHP, March 11, formal consultation with the COE on the setting targets for reducing pollutant 1997). Under this consent decree, EPA LOP process to address the final critical discharges. Generally, states are agreed to oversee the development of habitat designation for coho salmon and responsible for developing TMDLs and TMDLs on 18 rivers on the north coast the recent listing of California Coastal related implementation plans, which are of California, 12 of which are located chinook salmon as threatened. subject to EPA review and approval. If within the Northern California steelhead Section 1603 of the California Fish the EPA disapproves a TMDL or if a ESU. and Game Code requires that any person state fails to establish one, the EPA is The consent decree establishes a who proposes a project that will required to step in and establish the schedule for developing TMDL criteria substantially divert or obstruct the TMDL. The TMDL is then implemented for listed rivers. Under this schedule, natural flow or substantially change the through existing regulatory and non- seven river basins in the Northern bed, channel or river bank of any river, regulatory programs to control, reduce, California ESU would have TMDLs stream or lake, or use materials from a or eliminate pollution from both point developed within the next 2 years, with streambed, notify the DFG before and non-point sources. the remaining rivers having TMDLs beginning any work. The authorization The TMDL process provides a flexible developed by 2002. This legally-binding for these activities under section 1603 is assessment and planning framework for schedule is expected to result in called a Lake or Streambed Alteration identifying load reductions or other significant progress on improving the Agreement. Beginning May 1, 1999, the actions needed to attain water quality beneficial uses of these watersheds, 1603 process was significantly modified standards such as protection of aquatic where the beneficial use has been to require a higher level of review by life, provision of safe drinking water, identified as habitat for salmonids. DFG that is in compliance with the etc. The TMDL should address all On May 28, 1998, the North Coast California Environmental Quality Act significant stressors (e.g., chemicals, Regional Water Quality Control Board (CEQA). Any proposed project that DFG temperatures, sediment loads) that approved a TMDL for the Garcia River. determines may substantially adversely cause or threaten to cause deleterious The TMDL contains the following affect existing fish and wildlife effects to water quality. The TMDL elements: (1) Findings that the Garcia resources will need to comply with the assessment is the sum of the individual River is impaired due to sediment and CEQA standard of mitigating project waste load allocations from point temperature impacts resulting from land impacts to the level of insignificance. sources, non-point sources, natural use practices, primarily timber The new standard for project review has sources, and an appropriate margin of operations and related activities; (2) resulted in increasing the time needed safety to account for uncertainty. The adoption of the Water Quality for project approval from 2 weeks to 60– TMDL may address single or multiple Attainment Strategy as part of the Water 120 days. pollutants but must clearly identify the Quality Control Plan for the North Coast Although the state has substantially links between the water quality Region (Basin Plan) that would improved the level of project review impairment (or threat) of concern, the eliminate 90 percent of total under the 1603 process to comply with causes of the threat or concern, and the controllable road-related sediment the new CEQA standard, the state has load reductions or conservation actions sources within 20 years and 50 percent not submitted the program to NMFS for needed to remedy or prevent the of controllable upslope sediment review to determine whether it impairment. sources within 40 years; (3) numeric adequately protects anadromous As TMDL assessments and targets including specified numerical salmonids. The state currently issues implementation plans are developed values for percent fine sediments, 1603 streambed alteration agreements to and approved, the State of California, frequency of pools in stream habitat project applicants with the disclosure through the State Water Resources profiles, and improving trends in large that the applicant may still need to Control Board and the nine Regional woody debris; (4) an implementation obtain incidental take authorization Water Quality Control Boards, will plan which specifies that either default from NMFS. In most cases, however, adopt and implement the TMDLs. The prescriptions be observed or a site- where a project proposes a stream or TMDL contains a problem statement, specific plan be implemented that watercourse modification and listed numeric targets, source analysis, provides assurances that source species are present, a Clean Water Act, allocations of loads or controls, and a reduction targets will be met; (5) section 404 permit from the COE is monitoring plan. The implementation assurances that sediment reduction or required. Within the geographic area component includes descriptions of control goals are capable of being met encompassing the Northern California land management practices, remediation and that site-specific planning and steelhead ESU, the presence of listed activities, and restoration projects implementation by landowners provides coho and chinook salmon populations necessary to attain the goals established a flexible framework; and (6) a requires the COE to consult with NMFS in the TMDL assessment. It is through monitoring plan to verify that under section 7 of the ESA prior to the the implementation plan that necessary conservation practices are implemented issuance of 404 permits. controls and restoration actions are and are effective. assigned to specific parties and The TMDL process provides a 4. Water Quality Programs attainment schedules are promulgated. flexible, adaptive management approach Under Clean Water Act section In coastal watersheds of northern that relies on substantial public input 303(d), states, territories, and authorized California, 38 water body segments have and participation to set targets, identify Tribes are required to establish lists of been identified as impaired and have protection measures, and implement

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In the long-term, the implemented several additional conservation efforts, NMFS considers development and implementation of measures pursuant to the 1998 NMFS/ the following: (1) The substantive, these TMDLs should be beneficial for California MOA. These hatchery protective, and conservation elements of steelhead. However, their development management measures include: (1) such efforts; (2) the degree of certainty and implementation will be difficult marking of all hatchery steelhead such efforts will be reliably and it will take many years to assess released from the Mad River hatchery implemented; and (3) the presence of their efficacy in protecting steelhead and all cooperative rearing facilities in monitoring provisions that determine habitat. Furthermore, it is essential that the Northern California ESU; (2) effectiveness and that permit adaptive the EPA consults with NMFS on the continuation of long-standing hatchery management (NMFS, 1996b). In some formulation of TMDLs in waters that management practices aimed at cases, conservation efforts may be contain listed salmonids. Such minimizing hatchery and wild steelhead relatively new and may not have had consultations will help ensure that interactions including prohibitions on time to demonstrate their biological TMDLs adequately address the needs of stocking of resident trout in anadromous benefit. In such cases, provisions for these species. waters; releasing hatchery steelhead adequate monitoring and funding of only at times, sizes and places that conservation efforts are essential to 5. State Hatchery and Harvest minimize impacts on naturally ensure that intended conservation Management produced fish; only releasing hatchery benefits are realized. In an attempt to mitigate the loss of fish that are determined to be healthy; As part of its west coast steelhead habitat and enhance fishing (3) initiation of monitoring efforts status review, NMFS reviewed an array opportunities, extensive hatchery intended to measure hatchery fish stray of protective efforts for steelhead and programs have been implemented rates; and (4) a joint NMFS/DFG review other salmonids, ranging in scope from throughout the range of steelhead on the of the Mad River hatchery including its regional strategies to local watershed west coast. While some of these stocking history, analysis of current initiatives. NMFS has summarized some programs have succeeded in providing broodstock, and its consistency with the of the major efforts in a document fishing opportunities, the impacts of strategic management plan for the entitled ‘‘Steelhead Conservation these programs on native, naturally Northern California ESU. Efforts: A Supplement to the Notice of reproducing stocks are not well In conjunction with the improved Determination for West Coast Steelhead understood. Competition, genetic hatchery management practices, in-river under the Endangered Species Act’’ introgression, and disease transmission sport fisheries in the Northern (NMFS, 1996c). NMFS also reviewed resulting from hatchery introductions California ESU now focus on harvest of conservation measures being may significantly reduce the production marked, hatchery-produced steelhead, implemented by the State of California and survival of native, naturally- and sport fishing regulations have been for steelhead at the time of its final reproducing steelhead (NMFS, 1996). modified to protect wild adult and listing determination for the Northern Collection of native steelhead for juvenile steelhead. California, Klamath Mountains hatchery broodstock purposes often Province, and Central Valley steelhead harms small or dwindling natural Other Natural or Human-Made Factors ESUs (63 FR 13347). The following populations. On the other hand, when Affecting Continued Existence of sections update the current status of the properly managed, hatcheries can play Steelhead State of California’s conservation efforts an important role in steelhead recovery Natural climatic conditions have for steelhead with particular emphasis through carefully controlled exacerbated the problems associated on the Northern California steelhead supplementation programs. with degraded and altered riverine and ESU. In the past, non-native steelhead estuarine habitats. Persistent drought The State of California’s conservation stocks have been introduced as conditions have reduced already limited efforts that address steelhead in the broodstock in hatcheries and widely spawning, rearing and migration habitat. Northern California ESU include: (1) transplanted in many coastal rivers and Climatic conditions appear to have development of the state’s Watershed streams in California (Bryant, 1994; resulted in decreased ocean Protection Program, which includes Busby et al., 1996; NMFS, 1997a). productivity which, during more funding and implementation of an Because of problems associated with productive periods, may help offset expanded watershed planning and this practice, DFG has developed and degraded freshwater habitat conditions habitat restoration program; (2) implemented a Salmon and Steelhead (NMFS, 1996a). implementation of the DFG’s strategic Stock Management Policy. This policy management plan for the Northern Efforts Being Made to Protect West Coast recognizes that mixing of non-native California ESU; and (3) implementation Steelhead stocks with native stocks is detrimental, of the 1998 NMFS/California MOA and seeks to maintain the genetic Section 4(b)(1)(A) of the ESA requires which addresses management of coastal integrity of all identifiable stocks of the Secretary of Commerce to make steelhead in northern California. The salmon and steelhead in California, as listing determinations solely on the status of these conservation efforts is well as to minimize interactions basis of the best scientific and discussed in more detail here. between hatchery and natural commercial data available after populations. conducting a review of the status of the California Watershed Protection NMFS’s BRT identified the species and after taking into account Program and Implementation of SB 271 potentially adverse impacts of efforts being made to protect the In July 1997, California’s Governor interactions between hatchery (Mad species. Therefore, in making its listing created the state’s Watershed

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Restoration and Protection Council much of the geographic area comprising designed to reduce mortality associated (WPRC) for the purpose of: (1) the Northern California steelhead ESU, with incidental hooking of steelhead. overseeing all state activities aimed at DFG has funded over 200 projects In February and March 1998, the watershed protection and enhancement, costing in excess of $7.5 million during California Fish and Game Commission including the conservation and the past 3 years (1997–98 through 1999– (Commission) adopted emergency restoration of anadromous salmonids in 2000). NMFS participates as an ex- changes to the State’s inland fishing California; and (2) directing the officio member of the Advisory regulations which were intended to development of a California Watershed Committee that reviews the distribution implement the harvest regulation Protection Program that would provide of SB 271 grant funding, to help ensure changes contained in the Northern for the conservation of anadromous that available funds are spent on California steelhead strategic salmonids in the State of California. A projects that will contribute to the management plan. In conjunction with working group of the WPRC issued a conservation of listed salmonids, the final listing determination for this detailed report in December 1998 including north coast steelhead. In ESU in March 1998(63 FR 13347), entitled ‘‘Protecting California’s addition to the expanded habitat NMFS reviewed these regulatory Anadromous Fisheries.’’ The Executive restoration program funded by SB 271, changes and concluded that they would Order that established this program DFG has added additional staff substantially reduce impacts to adult expired in January 1999. However, positions to assist in administering the and juvenile steelhead and also assist in continued coordination of the program program, provide technical support in the conservation of the ESU (NMFS is occurring under the auspices of the the development of watershed plans and 1998). These emergency regulations California Biodiversity Council. NMFS habitat restoration projects, and were formally enacted by the is encouraged that the State initiated a implement a new steelhead monitoring Commission in June 1998 following comprehensive, watershed-based and adaptive management program public review and comment, and they approach to salmon management and throughout coastal northern California. currently remain in place. NMFS restoration, but the California believes that these angling regulations Northern California Steelhead ESU Watershed Protection Program is still continue to provide the reduction in Strategic Plan under development and has not been impacts and conservation benefits that implemented as originally envisioned. In February 1998, DFG completed its were expected at the time the decision To support the Governor’s WPRC and strategic management plan for steelhead was made not to list this ESU in March its efforts to develop a Watershed stocks in the Northern California ESU 1998. Protection Program, DFG implemented a (DFG 1998). In March 1998, the state (b) Hatchery Measures $3 million Watershed Initiative in 1997– and DFG formally committed to 98 for coastal watershed projects north implement this plan as part of the The strategic plan for the Northern of San Francisco, through its Fishery NMFS/California MOA. The plan California ESU contains a wide range of Restoration Grants Program. These describes existing and new management existing and new hatchery management projects focused on watershed and measures for recreational steelhead measures that are intended to reduce the riparian habitat restoration, instream angling, steelhead hatchery programs, impacts of hatchery steelhead programs habitat restoration, and watershed and steelhead monitoring, assessment, on wild steelhead populations in this evaluation, assessment, planning, and adaptive management efforts in this ESU. Measures incorporated into the restoration project maintenance, and ESU. In addition, the plan describes plan include: (1) release strategies that monitoring. Beginning in 1998–1999, DFG’s ongoing efforts to protect and require a minimum 6 inches ( 15.2 cm) DFG funded additional staff positions to enhance steelhead habitat within this size and release at the hatchery rather assist in watershed planning efforts and ESU. These management measures were than off-site; (2) marking of all hatchery- grant proposal development. intended to provide immediate produced fish that are released and the A key element of the state’s protection for steelhead populations in implementation of spawner surveys to Watershed Protection Program that is this ESU, while longer-term measures assess the extent to which hatchery fish also specified in the 1998 NMFS/ were implemented to protect stray into natural spawning areas; (3) a California MOA is DFG’s anadromous fish habitat on non-federal commitment to reduce hatchery releases implementation of an expanded habitat lands through the Watershed Protection or implement other changes in hatchery restoration program for coastal Program and the SB 271 habitat practices if significant straying of salmonids, including steelhead. In 1997, restoration program. The main elements hatchery fish is found to occur; (4) a cap the California legislature enacted Senate of the Northern California steelhead on hatchery production to current Bill 271 which provided DFG with $43 strategic management plan are briefly levels, regular health checks during million over 6 years for habitat discussed here. each rearing cycle, and the destruction restoration and watershed planning to of diseased fish that cannot be benefit anadromous salmonids in (a) Harvest Measures effectively treated; (5) a review of the coastal watersheds, including the The strategic management plan existing operating procedures for all geographic area which encompasses the includes several harvest management cooperative rearing facilities permitted Northern California steelhead ESU. The actions which are intended to reduce by the state; and (6) adoption of a program was initiated in 1997–98 and impacts on adult and juvenile steelhead requirement that all cooperative has expanded since that time. Based on in the Northern California ESU. These facilities develop and submit 5-year the SB 271 legislation, funding is include: (1) no retention of unmarked management plans to the State for expected to continue through at least (i.e., naturally produced) adult and approval. NMFS previously reviewed 2002. Substantial funding from this juvenile steelhead in all rivers and these existing and new hatchery program has been committed to habitat streams; (2) fishing closures in steelhead management measures and concluded restoration, enhancement, and rearing tributaries to protect juveniles; that they would substantially reduce watershed planning efforts within the (3) expanded closures in mainstem potential impacts to wild steelhead Northern California steelhead ESU since rivers through May to protect (NMFS 1998d). Because of NMFS 1997–98. Throughout Humboldt and outmigrating juvenile steelhead; and (4) concerns regarding the operations of the Mendocino counties, which constitute various gear and bait restrictions the Mad River Hatchery which is

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Comprehensive monitoring scientific review panel to ensure that necessary. proposals have been developed and are the revised FPRs were adequate to DFG implemented a statewide mass- under review by the scientific and conserve anadromous salmonids, marking program for its hatchery technical team. NMFS expects the including steelhead. As previously steelhead programs beginning in 1997 finalized monitoring program for this discussed, because of the which includes the hatchery steelhead ESU to be implemented in early 2000. preponderance of private timber lands programs in the Northern California and timber harvest activity in the NMFS/California Memorandum of steelhead ESU. DFG is also requiring all Northern California ESU, NMFS Agreement cooperative rearing programs that considered this to be a critically produce steelhead in this ESU to mark NMFS evaluated a wide range of important provision in the MOA. all released fish. This marking program conservation efforts that California had Many of the provisions in the NMFS/ has continued since its implementation adopted or was in the process of California MOA relating to the Northern in 1997 and DFG is committed to developing in conjunction with its California steelhead ESU have been or continuing this program into the future. decision not to list the Northern are being implemented by the state; DFG and the NMFS have also initiated California steelhead ESU (63 FR 13347). however, critically important provisions a comprehensive review of DFG’s NMFS concluded that DFG’s harvest related to revision of the FPRs have not hatchery programs in this ESU (Mad and hatchery programs for this ESU been implemented. The current status of River Hatchery and cooperative rearing would contribute to increasing the State’s effort to implement the MOA, programs), with the objective of escapement of adults, substantially with particular regard to the Northern ensuring that these programs are reduce impacts on juveniles resulting in California steelhead ESU, is discussed compatible with the conservation of increased survival, and reduce adverse here. naturally produced steelhead. This impacts of hatchery populations on wild (a) Compliance with Existing State review is expected to be completed in fish. In the near-term, NMFS expected Regulations 2000. Comprehensive monitoring of these measures would contribute to stray rates for hatchery produced fish improved survival and population In accordance with section 4 of the has not been implemented in this ESU, stability for steelhead. In addition, NMFS/California MOA, DFG made but DFG expects to begin a north coast DFG’s monitoring and adaptive recommendations to the Fish and Game steelhead stray rate monitoring program management programs were expected to Commission to implement detailed in 2000. provide state and Federal managers with angling regulation changes contained in the ability to assess the status of the strategic management plan for (c) Steelhead Monitoring and Adaptive steelhead populations and their Northern California steelhead. The Management response to harvest and hatchery Commission adopted these The strategic management plan for the management changes. However, NMFS recommendations on an emergency Northern California ESU identifies was also concerned that California’s basis in February 1998 and permanent ongoing and expanded monitoring habitat protection efforts, (e.g., regulations became effective in August programs to assess steelhead abundance. development of a Watershed Protection 1998. Within this ESU, these regulations A commitment to implement these Program and implementation of the specifically prohibit retention of programs is contained in the 1998 expanded habitat restoration program naturally spawned adult steelhead, NMFS/California MOA. A key element established by SB 271), were not prohibit fishing for naturally produced of this monitoring program was a adequate to secure properly functioning juvenile steelhead in tributary streams, commitment to establish a joint habitat conditions for this ESU over the minimize the angling impacts on scientific and technical team including long-term. To address these concerns, juvenile steelhead in mainstem rearing representatives from DFG and NMFS to NMFS entered into a MOA with the areas through gear/bait restrictions, design appropriate detailed monitoring State (NMFS/California MOA 1998). prohibit retention of summer steelhead programs for steelhead in this ESU. Under the terms of the NMFS/ and prohibit fishing in their summer NMFS considered these monitoring California MOA, the State committed to holding areas, and provide for the efforts critically important given the a broad range of measures including: (1) retention of marked, hatchery-produced uncertain status of steelhead compliance with existing State steelhead. populations in these ESUs, and regulations, with particular emphasis on indicated that adequate State funding the management measures contained in (b) Harvest and Hatchery Management was critical to implementing the the strategic management plans for In accordance with section 6 of the program (63 FR 13347). As part of the north coast steelhead; (2) NMFS/California MOA, two provisions NMFS/California MOA, both DFG and implementation of harvest and hatchery have been implemented. First, the DFG NMFS committed to seek adequate management measures contained in the recommended and the Fish and Game funding for this program. The DFG has strategic management plan for Northern Commission adopted permanent taken significant steps to implement this California steelhead; (3) implementation regulations that provide only for the expanded steelhead monitoring program of a monitoring evaluation and adaptive retention of non-listed, hatchery- in the Northern California steelhead management program for steelhead, produced steelhead. Second, the DFG ESU, but the full program has not yet including those elements contained in has implemented a statewide mass been fully developed or implemented. the strategic management plan for marking program for hatchery produced The DFG has committed significant Northern California steelhead; (4) steelhead. This program was initiated

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In including the dedication of professional through the timber harvest plan process, addition, DFG is requiring that all staff and the acquisition of necessary do not ensure protection of anadromous cooperative rearing programs that equipment and facilities. A preliminary salmonid populations. Based in part on produce steelhead mark them prior to monitoring program plan has been the scientific review panel’s findings, release. developed by the monitoring program the Secretaries of the California Three additional provisions contained staff and this plan is currently under Resources Agency and CalEPA jointly in section 6 of the NMFS/California review by the joint scientific and presented a proposed package of FPR MOA have not yet been implemented, technical team. revisions to the BOF in July 1999 that but are either in progress or will be was designed to address shortcomings (d) California’s Watershed Protection initiated shortly. To date, DFG has not identified by the scientific review Program implemented a process for establishing committee. At its October 6–7, 1999, recovery and strategic goals for north Section 9 of the NMFS/California meeting, the BOF failed to take action to coast steelhead, including this ESU, nor MOA commits the State to continue adopt the proposed rule changes, has it initiated a monitoring program to development of its Watershed thereby eliminating to possibility of measure stray rates of hatchery Protection Program, with a specific implementing improvements in produced steelhead. However, the DFG element addressing salmonid California’s FPRs by January 1, 2000. has established a North Coast Steelhead conservation, and to coordinate with Monitoring Program to develop and NMFS in establishing a scientific review Proposed Determination implement a monitoring program, panel that would advise the State in its The ESA defines an endangered which will include the Northern development of this program. In species as any species in danger of California steelhead ESU, and a joint addition, Section 9 commits the state to extinction throughout all or a significant scientific and technical team to provide direct personnel and fiscal resources to portion of its range, and a threatened guidance to the program. DFG has implement an expanded habitat species as any species likely to become developed a preliminary monitoring restoration program in coastal an endangered species within the program and is consulting the joint watersheds using SB 271 funds. Details foreseeable future throughout all or a scientific and technical team to refine of the state’s Watershed Protection significant portion of its range. Section that program, and is exploring options Program and DFG’s efforts to implement 4(b)(1) of the ESA requires that the for establishing recovery and strategic expanded watershed planning and listing determination be based solely on goals within this ESU. NMFS habitat restoration in coastal watersheds the best scientific and commercial data anticipates that this program will were described previously (see Efforts available, after conducting a review of commence in 2000. Although the Being Made to Protect West Coast the status of the species and after taking monitoring program specified in the Steelhead). into account those efforts, if any, being NMFS/California MOA has not been Section 9 of the NMFS/California made to protect such species. fully implemented, DFG has continued MOA contains several measures relating In December 1997, the NMFS’ BRT to carry out several monitoring and to the review and revision of the State’s concluded that the Northern California research programs on the north coast, FPRs because of NMFS’s concerns steelhead ESU was likely to become primarily in the Klamath Mountains regarding the effects of State-regulated endangered within the foreseeable Province ESU, which have provided timber harvest on freshwater habitat future based on a review of the best data useful for the management of conditions for anadromous salmonids, available biological information (NMFS steelhead. Finally, NMFS and DFG have including steelhead in the Northern 1997). Based on a review of updated recently undertaken a state-wide review California ESU. Specifically, the NMFS/ abundance and trend information that of the state’s hatchery programs, California MOA calls for: (1) a joint was available for this ESU, NMFS’s including the Mad River Hatchery review of the FPRs by NMFS and the Southwest Fisheries Science Center which in located in this ESU, as well as State, including their implementation (NMFS/Tiburon Lab 1/2000), concluded the state’s cooperative rearing program and enforcement; (2) the State to make that the current biological status of the which has a small number of projects appropriate changes in implementation ESU has changed little since it was last within this ESU. This review is and enforcement, if necessary; (3) the evaluated by NMFS’ BRT. Updated expected to be completed by June 2000. state, in consultation with NMFS, to abundance and trend data show small make recommendations to the BOF for increases for winter and summer (c) Monitoring, Evaluation, and changes in the FPRs necessary to steelhead in the Eel River, but current Adaptive Management conserve anadromous salmonids; and abundance is well below estimates in In accordance with section 7 of the (4) the BOF to complete action on the the 1980s and even further reduced NMFS/California MOA, the DFG has recommended changes in the FPRs by from levels in the 1960s. Redwood implemented, at least in part, two key January 2000. Full implementation of Creek summer steelhead abundance provisions. First, DFG has established a these NMFS/California MOA remains very low. There are no new joint scientific and technical team to provisions, including implementation of data suggesting substantial increases or assist it with the development of a changes in the FPRs by January 1, 2000, decreases in populations since the last comprehensive monitoring program for was a critical factor in NMFS’s decision updated status review was completed. steelhead on the north coast, including to not list the Northern California The Eel River winter and summer the Northern California ESU. The steelhead ESU. steelhead populations, which represent NMFS/California MOA called for this In accordance with these provisions, the best available data set for this ESU, program to be developed by June 1998; the state established a subcommittee of are still severely reduced from pre– however, as discussed in the preceding the scientific review panel for its 1960s levels.

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After taking into consideration state freshwater habitat conditions for threatened species promulgated under and Federal efforts for the conservation spawning, rearing, and migration are section 4(d). The 4(d) protective of steelhead, NMFS previously decided essential to the long-term survival and regulations may prohibit, with respect that threats to the ESU were sufficiently recovery of this ESU. Because Federal to the threatened species, some or all of reduced that a listing of the Northern land ownership is both fragmented and the acts which section 9 of the ESA California steelhead ESU as threatened limited in this ESU (approximately 19 prohibits with respect to endangered was unnecessary. The key Federal and percent of ESU), the key to achieving species. These section 9 prohibitions state conservation measures which habitat protection and properly and 4(d) regulations apply to all NMFS concluded reduced threats to this functioning habitat conditions in this individuals, organizations, and agencies ESU were: (1) implementation of the ESU is the improvement of land subject to U.S. jurisdiction. NMFS NMFS/California MOA, with particular management activities on non-Federal intends to develop and promulgate a emphasis on the provisions intended to lands (approximately 81 percent of 4(d) protective regulation for the improve non-Federal forest land ESU). To ensure improved protection of Northern California steelhead ESU in a protections because of the habitat on non-Federal lands in this separate rulemaking. The process for predominance of non-Federal lands in ESU, the NMFS/California MOA completing the 4(d) rule will provide the California portion of this ESU (81 contained several provisions for the the opportunity for public comment on percent non-Federal land); (2) review and modification of the state’s the proposed protective regulations. substantial changes to in-river harvest FPRs. Full implementation of these In the case of threatened species, regulations by California; and (3) provisions, including implementation of NMFS has flexibility under section 4(d) general improvements in the ESU changes in the FPRs by January 1, 2000, to tailor the protective regulations to resulting from implementation of the was a critical factor in NMFS’s previous provide for the conservation of the DFG’s strategic management plan for decision not to list this ESU. Because species. Even though existing this ESU, the State’s Watershed the State has failed to implement conservation efforts and plans are not Protection Program, and other changes in the FPRs as called for in the sufficient to preclude the need for provisions in the NMFS/California NMFS/California MOA, critically listing at this time, they are nevertheless MOA which serve to implement important conservation measures are valuable for improving watershed health steelhead angling regulation changes, not being implemented to reduce the and restoring fishery resources. In those hatchery steelhead management threats to this ESU from timber harvest cases where well-developed, reliable changes, habitat protections and activities on non-Federal lands. For this conservation plans exist, NMFS may restoration, and expanded steelhead reason, NMFS concludes that the choose to incorporate them into the monitoring. conservation measures fail to provide recovery planning process, starting with As previously discussed in this for the attainment of properly the protective regulations. For example, document, California has implemented functioning habitat conditions necessary the interim 4(d) rule for the Southern several of the conservation measures to provide for the long-term protection Oregon/Northern California coho (62 FR that NMFS relied upon in making its and conservation of this ESU. 24588, May 7, 1997) does not prohibit decision not to list the Northern Based on a review of the best habitat restoration activities conducted California ESU. Specifically, the state available information, therefore, NMFS in accordance with approved plans, nor has enacted substantial changes to the concludes that the Northern California does it prohibit fisheries conducted in state’s in-river angling regulations in steelhead ESU warrants listing as a accordance with an approved state 1998 to protect coastal steelhead threatened species at this time. In management plan. NMFS has recently populations including steelhead in this arriving at this determination, NMFS proposed 4(d) regulations for all ESU. These regulations, with slight carefully considered the December 1997 threatened ESUs of steelhead (64 FR modification, remain in effect, and scientific conclusions of the BRT 73479). Future 4(d) rules may contain NMFS believes they continue to provide regarding this ESU, the results of an limited take prohibitions applicable to the substantial protection and updated status review for the ESU, and activities such as forestry, agriculture, conservation benefits that were the current status of all Federal, state, and road construction, when such expected to occur at the time of the and local conservation efforts directed activities are conducted in accordance decision not to list this ESU. The State at this ESU, including implementation with approved conservation plans. has also implemented, or begun to of provisions for the NMFS/California Sections 7(a)(2) and 7(a)(4) of the ESA implement, several other conservation MOA for steelhead. require Federal agencies to consult with measures for this ESU, including NMFS has previously examined the NMFS to ensure that activities they extensive watershed planning and/or relationship between hatchery and authorize, fund, or conduct are not habitat restoration through the SB 271 natural populations of steelhead in this likely to jeopardize the continued program, marking of hatchery produced ESU, and also assessed whether any existence of a listed species or a species steelhead and other improvements in hatchery populations are essential for proposed for listing, or adversely hatchery practices, and steelhead their recovery. At this time, NMFS does modify critical habitat or proposed monitoring. Although implementation not believe any specific hatchery critical habitat. of some of these measures has been populations warrant listing. Examples of Federal actions likely to delayed, as is the case for the steelhead At this time, NMFS is only proposing affect steelhead in the Northern monitoring program, NMFS continues to to list the anadromous life forms of O. California ESU include authorized land believe that these efforts will mykiss. management activities of the U.S. Forest collectively benefit steelhead in this Service and Bureau of Land ESU and will eventually contribute to Prohibitions and Protective Measures Management, operation of hydroelectric an improved understanding of its status. Section 4(d) of the ESA requires and storage projects permitted by FERC, Although these conservation efforts NMFS to issue protective regulations it and activities permitted by the COE. are expected to benefit steelhead in this finds necessary and advisable to provide Such activities may include timber sales ESU, NMFS continues to believe that for the conservation of threatened and harvest, permitting livestock improved habitat protection and species. Section 9 of the ESA prohibits grazing, hydroelectric power generation, restoration of properly functioning violations of protective regulations for and flood control. Other Federal actions,

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The intent of this from the proposed ESU. Permits to Sections 10(a)(1)(A) and 10(a)(1)(B) of policy is to increase public awareness of conduct these activities are available for the ESA provide NMFS with authority the effect of this listing on proposed and purposes of scientific research or to to grant exceptions to the ESA’s ‘‘take’’ ongoing activities within the species’ enhance the propagation or survival of prohibitions. Section 10(a)(1)(A) range. At the time of the final rule for the species. scientific research and enhancement the Northern California steelhead ESU, 8. Introduction of non-native species permits may be issued to entities NMFS will identify to the extent known likely to prey on steelhead in the (Federal and non-Federal) for scientific specific activities that will not be proposed ESU or displace them from purposes or to enhance the propagation considered likely to result in violations their habitat. or survival of a listed species. NMFS has of section 9 once a 4(d) rule has been These lists are not exhaustive. They issued section 10(a)(1)(A) research/ adopted, as well as activities that will be are intended to provide some examples enhancement permits for listed chinook considered likely to result in violations. of the types of activities that might or salmon and steelhead for a number of NMFS believes that, based on the best might not be considered by NMFS as activities, including trapping and available information, the following constituting a take of steelhead in the tagging, electroshocking to determine actions will not be prohibited in a 4(d) Northern California ESU under the ESA population presence and abundance, rule and therefore will not result in a and its regulations. Questions regarding removal of fish from irrigation ditches, violation of section 9: whether specific activities will and collection of adult fish for artificial 1. Possession of steelhead from any constitute a violation of the ESA section propagation programs. steelhead ESU listed as threatened 9 take prohibitions, and general Section 10(a)(1)(B) incidental take which are acquired lawfully by permit inquiries regarding prohibitions and permits may be issued to non-Federal issued by NMFS pursuant to section 10 permits, should be directed to NMFS entities performing activities which may of the ESA, or by the terms of an (see ADDRESSES). incidentally take listed species, so long incidental take statement pursuant to Critical Habitat as the taking is incidental to, and not section 7 of the ESA. the purpose of, the carrying out of an 2. Federally funded or approved Section 4(a)(3)(A) of the ESA requires otherwise lawful activity. The types of projects that involve activities such as that, to the maximum extent prudent activities potentially requiring a section silviculture, grazing, mining, road and determinable, NMFS designate 10(a)(1)(B) incidental take permit construction, dam construction and critical habitat concurrently with a include the operation and release of operation, discharge of fill material, determination that a species is artificially propagated fish by state or stream channelization, or diversion, for endangered or threatened. While NMFS privately operated and funded which section 7 consultation has been has completed its initial analysis of the hatcheries, state or academic research completed, and when activities are biological status of steelhead in the not receiving Federal authorization or conducted in accordance with any terms Northern California ESU, it has not funding, logging, road building, grazing, and conditions provided by NMFS in an performed the full analysis necessary for and diverting water onto private lands. incidental take statement accompanying designating critical habitat at this time. a biological opinion. It is NMFS’ intent to develop a critical NMFS Policies on Endangered and Activities that NMFS believes could habitat proposal for this ESU within the Threatened Fish and Wildlife potentially harm steelhead in the next year as soon as the analysis can be On July 1, 1994, NMFS, jointly with Northern California ESU and therefore completed. USFWS, published a series of policies may be prohibited in a 4(d) rule Public Comments Solicited regarding listings under the ESA, applying section 9 take prohibitions, including a policy for peer review of include, but are not limited to: NMFS has exercised its best scientific data (59 FR 34270) and a 1. Land-use activities that adversely professional judgement in developing policy to identify, to the maximum affect steelhead habitat in the proposed this proposal to list the Northern extent possible, those activities that ESU (e.g., logging, grazing, farming, California steelhead ESU. To ensure that would or would not constitute a urban development, road construction the final action resulting from this violation of section 9 of the ESA (59 FR in riparian areas and areas susceptible proposal will be as accurate and 34272). to mass wasting and surface erosion). effective as possible, NMFS is soliciting 2. Destruction/alteration of steelhead comments and suggestions from the Role of Peer Review habitat in the proposed ESU, such as public, other governmental agencies, the The intent of the peer review policy removal of large woody debris and scientific community, industry, and any is to ensure that listings are based on the ‘‘sinker logs’’ or riparian shade canopy, other interested parties. NMFS is best scientific and commercial data dredging, discharge of fill material, interested in any additional information available. Prior to a final listing, NMFS draining, ditching, diverting, blocking, concerning: (1) biological or other will solicit the expert opinions of at or altering stream channels or surface or relevant data concerning any threats to least three qualified specialists, ground water flow. steelhead in this ESU; (2) the range, concurrent with the public comment 3. Discharges or dumping of toxic distribution, and population size of period. Independent peer reviewers will chemicals or other pollutants (e.g., steelhead in this ESU; (3) current or be selected from the academic and sewage, oil, gasoline) into waters or planned activities in the proposed ESU scientific community, Native American riparian areas supporting steelhead in and their possible impact on steelhead; tribal groups, Federal and state agencies, the proposed ESU. (4) steelhead escapement, particularly and the private sector. 4. Violation of discharge permits. escapement data partitioned into natural

VerDate 272000 16:06 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\11FEP1.SGM pfrm08 PsN: 11FEP1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules 6975 and hatchery components; (5) the Environmental Policy Act (NEPA). See all relevant NEPA and RFA proportion of naturally reproducing fish NOAA Administrative Order 216–6. requirements. that were reared as juveniles in a Executive Order 12866 and Regulatory List of Subjects in 50 CFR Part 223 hatchery; (6) homing and straying of Flexibility Act natural and hatchery fish; (7) the Endangered and threatened species, reproductive success of naturally As noted in the Conference Report on Exports, Imports, Marine mammals, reproducing hatchery fish (i.e., the 1982 amendments to the ESA, Transportation. hatchery-produced fish that spawn in economic impacts cannot be considered when assessing the status of species. Dated: February 4, 2000. natural habitat) and their relationship to Penelope D. Dalton, proposed ESU; (8) efforts being made to Therefore, the economic analysis requirements of the Regulatory Assistant Administrator for Fisheries, protect native, naturally reproducing National Marine Fisheries Service. populations of steelhead in this ESU; Flexibility Act (RFA) are not applicable and (9) suggestions for specific to the listing process. In addition, this For the reasons set forth in the regulations under section 4(d) of the final rule is exempt from review under preamble, 50 CFR part 223 is proposed ESA that should apply to steelhead in Executive Order 12866. to be amended as follows: this ESU. Suggested regulations may Executive Order 13132—Federalism PART 223ÐTHREATENED MARINE address activities, plans, or guidelines In keeping with the intent of the AND ANADROMOUS SPECIES that, despite their potential to result in Administration and Congress to provide the take of listed fish, will ultimately continuing and meaningful dialogue on 1. The authority citation for part 223 promote the conservation and recovery issues of mutual State and Federal continues to read as follows: of threatened steelhead. interest, NMFS has conferred with State Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. NMFS will review all public and local government agencies in the 742a et seq.; 31 U.S.C. 9701. comments and any additional course of assessing the status of the 2. In § 223.102, paragraph (a)(22) is information regarding the status of the Northern California steelhead ESU, and added to read as follows: Northern California steelhead ESU and considered, among other things, state will complete a final rule within 1 year and local conservation measures. State § 223.102 Enumeration of threatened of this proposed rule, as required under and local governments have expressed marine and anadromous species. the ESA. The availability of new support both for the conservation of the * * * * * information may cause NMFS to Northern California steelhead ESU and (a) * * * reassess the status of this ESU. for activities that affect this ESU. The (22) Northern California steelhead Joint Commerce-Interior ESA history and content of this dialogue, as (Oncorhynchus mykiss). Includes all implementing regulations state that the well as the basis for this proposed naturally spawned populations of Secretary ‘‘shall promptly hold at least action, is described in the steelhead (and their progeny) in coastal one public hearing if any person so SUPPLEMENTARY INFORMATION section of river basins ranging from Redwood requests within 45 days of publication this document, and in other Federal Creek in Humboldt County, California to of a proposed regulation to list * * * or Register documents preceding this the Gualala River, inclusive, in to designate or revise critical habitat.’’ proposed action. (See 61 FR 41541, Mendocino County, California. August 9, 1996; 62 FR 43974, August 18, (see 50 CFR 424.16(c)(3)). A public * * * * * hearing schedule on this proposal is 1997; and 63 FR 13347, March 19, [FR Doc. 00–3283 Filed 2–10–00; 8:45 am] contained in this notice. A public 1998). NMFS staff have had numerous hearing will provide the opportunity for discussions with various governmental BILLING CODE 3510±22±F the public to give comments and to agency representatives regarding the status of this ESU, and have sought permit an exchange of information and DEPARTMENT OF COMMERCE opinion among interested parties. NMFS working relationships with agencies and encourages the public’s involvement in others in order to promote salmonid National Oceanic and Atmospheric such ESA matters. Written comments on restoration efforts. In addition, NMFS’ Administration the proposed rule should be submitted staff have given presentations to to NMFS (see ADDRESSES). interagency forums and other interested 50 CFR Part 648 groups considering conservation References measures. As the process continues, [I.D. 012400B, 012900C] A complete list of all cited references NMFS intends to continue engaging in is available upon request (see informal and formal contacts with Fisheries of the Northeastern United ADDRESSES). affected state, local or regional entities, States; Atlantic Sea Scallop Fishery; giving careful consideration to all Classification Deep-sea Red Crab Fishery; Scoping written or oral comments received. As Process National Environmental Policy Act one part of that continued process, NMFS has scheduled public hearings on AGENCY: National Marine Fisheries The 1982 amendments to the ESA, in this proposed action. NMFS also Service (NMFS), National Oceanic and section 4(b)(1)(A), restrict the intends to consult with appropriate Atmospheric Administration (NOAA), information that may be considered elected officials in the establishment of Commerce. when assessing species for listing. Based a final rule. ACTION: Notice of intent to prepare a on this limitation of criteria for a listing At this time NMFS is not Supplemental Environmental Impact decision and the opinion in Pacific promulgating protective regulations Statement (SEIS), an Environmental Legal Foundation v. Andrus, 675 F. 2d pursuant to ESA section 4(d) or Impact Statement (EIS), and notices of 825 (6th Cir. 1981), NMFS has proposing to designate critical habitat. scoping processes; requests for concluded that ESA listing actions are Prior to finalizing 4(d) regulations for comments; extensions of the comment not subject to the environmental this ESU, or proposing to designate periods. assessment requirements of the National critical habitat, NMFS will comply with

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SUMMARY: The New England Fishery Dated: February 7, 2000. That proposed revision was adopted Management Council (Council) recently Bruce C. Morehead, under the two-meeting framework announced its intention to prepare Acting Director, Office of Sustainable process. The measure would have Amendment 10 to the Atlantic Sea Fisheries, National Marine Fisheries Service. established a 50-nm closure to pelagic Scallop Fishery Management Plan [FR Doc. 00–3285 Filed 2–10–00; 8:45 am] fishing vessels larger than 50 ft (15.24 (FMP) and a Fishery Management Plan BILLING CODE 3510±22±F m) around Tutuila and Manua Islands, for deep-sea crab, and, if necessary, to and a 30-nm closure around Swain’s prepare an SEIS and an EIS, Atoll. The recommended closure was respectively, to analyze the impacts of DEPARTMENT OF COMMERCE sent to the NMFS Southwest Regional any proposed management measures for Administrator in October 1998 but was this action. NMFS is extending the National Oceanic and Atmospheric disapproved in March 1999, with the comment period for submission of Administration advice that it could be re-submitted if written comments for both actions to amended to include greater justification ensure opportunity for public comment. 50 CFR Part 660 for closed areas under National DATES: Written comments on the intent [I.D. 012800F] Standard 8 of the Magnuson-Stevens to prepare the SEIS for Amendment 10 Fishery Conservation and Management to the Atlantic Sea Scallop FMP must be Western Pacific Fishery Management Act. received on or before 5:00 p.m., local Council; Public Meeting Subsequently a revision of the time, March 6, 2000. Written scoping framework measure has been drafted AGENCY: National Marine Fisheries that includes a preferred alternative to comments on the intent to prepare an Service (NMFS), National Oceanic and EIS for the deep-sea red crab fishery implement a 50-nm closure to pelagic Atmospheric Administration (NOAA), fishing vessels larger than 50 ft (15.24 must be received on or before 5:00 p.m., Commerce. local time, March 3, 2000. m) around Tutuila and Manua Islands, ACTION: Notice of public meeting. and a 30-nm closure around Swain’s ADDRESSES: Written comments should Atoll. The Council will take final action SUMMARY: The Western Pacific Fishery be sent to Paul J. Howard, Executive on this framework measure at its 102nd Management Council (Council) will Director, New England Fishery meeting which will be held between hold a meeting to give the public an Management Council, 50 Water Street, February 28 and March 2, 2000, in opportunity to comment on a regulatory Mill 2, Newburyport, MA 01950. Honolulu, HI. Comments may also be sent via fax to amendment to be implemented under (978) 465–0492. Comments will not be the framework process of the Council’s Special Accommodations accepted if submitted via e-mail or Pelagics Fishery Management Plan. The This meeting is physically accessible Internet. measure would establish a 50-nautical to people with disabilities. Requests for mile (nm) closure to pelagic fishing sign language interpretation or other FOR FURTHER INFORMATION CONTACT: Paul vessels larger than 50 ft (15.24 m) auxiliary aids should be directed to Ray J. Howard, Executive Director, New around Tutuila and Manua Islands, and Tulafono, 684–633–4456 (voice), or England Fishery Management Council a 30-nm closure around Swain’s Atoll. 684–633–5944 (fax), at least 5 days prior (978) 465–0492. Requests for special DATES: The meeting will be held to the meeting date. accommodations should be addressed to February 17, 2000, from 3:00 p.m. to Authority: 16 U.S.C. 1801 et seq. the New England Fishery Management 5:00 p.m. Council, 50 Water St., Mill 2, ADDRESSES: The meeting will be held in Dated: February 8, 2000. Newburyport, MA 01950; telephone: the conference room at the Department Bruce C. Morehead, (978) 465–0492. of Marine and Wildlife Resources Acting Director, Office of Sustainable SUPPLEMENTARY INFORMATION: On (DMWR) in American Samoa at the Fisheries, National Marine Fisheries Service. February 4, 2000 (65 FR 5488), NMFS address given here. Copies of the [FR Doc. 00–3213 Filed 2–8–00; 4:34 pm] published notification of the Council’s background material summarizing the BILLING CODE 3510±22±F intention to prepare Amendment 10 to Council’s previous deliberations, the Atlantic Sea Scallop FMP. See the rationale, and analysis of the preferred February 4, 2000, Federal Register alternative may be obtained from the DEPARTMENT OF COMMERCE notification for background and scoping DMWR, P.O. Box 3730, Pago Pago, National Oceanic and Atmospheric information related to Amendment 10 American Samoa 96799. Administration and for the public meeting schedule. FOR FURTHER INFORMATION CONTACT: Ray NMFS is extending the period to submit Tulafono, Director, DMWR; telephone 50 CFR Part 660 written comments from March 1, 2000, 684–633–4456. to March 6, 2000. SUPPLEMENTARY INFORMATION: This [I.D. 020200B] On February 2, 2000 (65 FR 4941), meeting is being convened to give the NMFS published notification of the Western Pacific Fishery Management public in American Samoa the Council; Public Meeting Council’s intention to prepare an FMP opportunity to comment on a revised for deep-sea red crab and to prepare an framework measure under the Council’s AGENCY: National Marine Fisheries EIS, if necessary. See the February 2, Fishery Management Plan for the Service (NMFS), National Oceanic and 2000, Federal Register notification for Pelagic Fisheries of the Western Pacific Atmospheric Administration (NOAA), background and scoping information region. In December 1997, at its 94th Commerce. related to this action and for the public Meeting, the Council voted to ACTION: meeting schedule. NMFS is extending Notice of public meeting; public recommend a closed area from which scoping hearing; public hearing. the period for submission of written large (greater than 50 ft (15.24 m)) comments from February 21, 2000, to pelagic fishing vessels would be SUMMARY: The Western Pacific Fishery March 3, 2000. excluded to protect the small vessel Council’s (Council) will hold its 73rd Authority: 16 U.S.C. 1801 et seq. longline fishery in American Samoa. meeting of its Scientific and Statistical

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Committee (SSC) in Honolulu, HI. Also, b. U.S. Coral Reef Task Force action 7. Stock assessment of pelagic public scoping hearings will be held on plan management unit species the intent to prepare an Environmental 4. Agency research plans for coral 8. International Impact Statement (EIS) for the Fishery reefs a. Multilateral High Level Conference Management Plan for the Precious a. Federal (NMFS, Fish and Wildlife 6 Corals Fisheries of the Western Pacific Service (FWS)) b. International Pelagic Shark Region (Precious Corals FMP). b. State/territories/Commonwealth of Workshop The Council also announces its the Northern Mariana Islands (CNMI) c. Kiribati-Spain fishing agreement intention to develop amendments to the d. National Plan of Action—fishing E. Northwestern Hawaiian Islands Fishery Management Plan for capacity (NWHI) Bottomfish and Seamount Groundfish 9. Recreational Fisheries Data Task Fisheries of the Western Pacific Region 1. Concerns regarding existing Force fisheries (Bottomfish and Seamount Groundfish 8:30 a.m. Thursday, February 24, 2000 FMP), Fishery Management Plan for a. Status of monk seals Crustacean Fisheries of the Western b. Marine Mammal Commission G. Draft Coral Reef Ecosystem FMP/ Pacific Region (Crustaceans FMP), and c. Monk Seal Recovery Team NWHI Fishery Concerns (conclude Fishery Management Plan for the d. ECOSIM (ecological simulation) discussion and recommendations) Precious Corals FMP. model H. Precious corals fishery DATES: The SSC meeting will be held on e. Agencies (NMFS, Coral Reef Task 1. Status of framework amendment February 22, 2000, from 9:00 a.m. to Force, FWS, Department of Land and 5:00 p.m., and on February 23–24, 2000, Natural Resources, U.S. Navy/U.S. Coast Review of Public Scoping Comments on from 8:30 a.m. to 5:00 p.m. Guard) EIS Alternatives 2. Hawaii advisory body ADDRESSES: The 73rd SSC meeting will 1. Bottomfish FMP be held at the Council office conference recommendations a. Coral Reef Ecosystem PT 2. Crustaceans FMP room, 1164 Bishop St., Suite 1400, 3. Precious corals FMP Honolulu, HI 96813. b. Ecosystem & Habitat Advisory Panel (AP) 4. Public scoping hearing on precious Council address: Western Pacific corals EIS alternatives Fishery Management Council, 1164 c. Bottomfish PT/AP d. Crustaceans AP/AP The EIS will discuss the impacts of Bishop St., Suite 1400, Honolulu, HI potential precious coral harvest on the 96813. e. Precious Corals PT/AP 3. Lawsuit to close lobster and human environment and consider FOR FURTHER INFORMATION CONTACT: bottomfish fisheries alternatives for a number of Kitty M. Simonds, Executive Director, management measures. Alternatives will Western Pacific Fishery Management 8:30 a.m. Wednesday, February 23, be assessed for impacts on essential fish Council, telephone: 808–522–8220. 2000 habitat, target and non-target species of SUPPLEMENTARY INFORMATION: The SSC F. Fishery Management Plan for the fish, discarded fish, marine mammals will discuss and may make Pelagic Fisheries of the Western Pacific (Hawaiian monk seals and cetaceans), recommendations to the Council on the Region (Pelagics FMP) Issues and other protected species present in agenda items listed here. The order in the western Pacific ecosystem. In 1. 3rd & 4th quarter 1999 Hawaii and which agenda items will be addressed is addition, the environmental American Samoa longline fishery report subject to change. consequences section will contain an 2. American Samoa analysis of socio-economic impacts of 8:30 a.m. Tuesday, February 22, 2000 a. Framework measure the fishery on the following groups of b. Marine Conservation Plan A. Electronic logbooks individuals: (1) Those who participate 3. Shark management in harvesting the fishery resources and B. Fisheries Data Coordinating a. Shark catch and disposition in 1999 other living marine resources; (2) those Committee—Data Workshop 2000 in Hawaii longline fishery who process and market the fish and C. Status of the stocks b. Blue shark stock assessment fish products; (3) those who are c. Report of cultural study of sharks involved in allied support industries; (4) 1. Bottomfish fishery and shark finning in the western Pacific those who consume fish products; (5) 2. Crustaceans fishery Region a. Harvest Guideline those who rely on living marine d. National Plan of Action—Sharks 3. Precious corals fishery resources in the management area, e. Pelagics FMP amendment for shark 4. Location of the catch either for subsistence needs or for management recreational benefits; (6) those who D. Draft Coral Reef Ecosystem Fishery f. Ocean Wildlife Campaign’s concern benefit from non-consumptive uses of Management Plan/Preliminary Draft for blue sharks living marine resources; (7) those Environmental Impact Statement (DEIS) 4. Seabird interactions in the Hawaii involved in managing and monitoring 1. Review of Council’s preferred longline fishery fisheries; and (8) fishing communities. a. Status of amendment alternative J. Addition of CNMI and a. Fishing permit and reporting b. Short-tailed albatross biological opinion Unincorporated Islands/Atolls to b. Restrictions of gear and methods Bottomfish, Crustaceans, and Precious c. Marine Protected Areas c. National Plan of Action—seabirds Corals FMPs d. Framework provisions 5. Turtle management e. Process for Plan Team (PT) a. Imposition of longline closed area 1. Review of status coordination north of Hawaii 2. Public scoping hearing 2. Review of comments from region- b. Status of the lawsuit The Council intends to develop wide public meetings 6. Pacific Fishery Management amendments to the Bottomfish FMP, 3. Federal initiatives Council’s Highly Migratory Species Crustaceans FMP, and Precious Coral a. Congressional coral reef bills Fishery Management Plan FMP which will consider a range of

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Notices Federal Register Vol. 65, No. 29

Friday, February 11, 2000

This section of the FEDERAL REGISTER ACTION: Notice of additional commercial contains documents other than rules or inventory added as a result of a proposed rules that are applicable to the challenge. public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of SUMMARY: The ‘‘Federal Activities petitions and applications and agency Inventory Reform Act of 1998’’ (Pub. L. statements of organization and functions are 105–270) (‘‘FAIR Act’’) requires that examples of documents appearing in this agencies making changes to their section. inventory as a result of a challenge must make the change available to the public via the publication of a notice in the DEPARTMENT OF AGRICULTURE Federal Register Public Listing of Additional The Department of Agriculture, Office Commercial Inventory Added as a of the Chief Financial Officer hereby Result of a Challenge Under the announces that additional commercial Federal Activities Inventory Reform inventories are available to the public Act of 1998 (Public Law 105±270) and are listed below: Departmental (``FAIR Act'') Administration (DA), Contact: George AGENCY: Department of Agriculture, W. Aldaya, Washington, D.C. 20250, Office of the Chief Financial Officer. (202) 720–3937

FY first ap- Function code FTE State Reason peared on code FAIR list

T804ÐArchitect and Engineering ...... 8 DC A 1999 W826ÐSystem Design & Programming Services ...... 2 DC A 1999 W999ÐOther ADP Functions ...... 2 DC A 1999 W000AÐADP Management ...... 1 DC A 1999 Grain Inspection, Packers & Stockyards Administration (GIPSA), Contact: Bob Soderstrom, Wash- ington, D.C. 20250, (202) 720±0231.

FY first ap- Function code FTE State Reason peared on code FAIR list

A000CÐADP Support ...... 16 DC B 1999 2 GA B 1999 2 IA B 1999 2 CO B 1999 1 LA B 1999 1 TX B 1999 1 OH B 1999 3 MO B 1999

Richard M. Guyer, ACTION: Notice of intent to prepare an and control insect infestations. The FAIR Act Coordinator. Environmental Impact Statement (EIS). spruce beetle is the most serious pest of [FR Doc. 00–3264 Filed 2–10–00; 8:45 am] Engelmann spruce. It is restricted BILLING CODE 3410±90±P SUMMARY: The Baylor Park Area was largely to mature and overmature affected by a windthrow event that blew spruce, and epidemics have occurred down Engelmann spruce, subalpine fir, throughout history. One of the most and aspen trees on about 2,000–3,000 damaging outbreaks was in Colorado DEPARTMENT OF AGRICULTURE acres, on August 18th, 1999. The from 1939 to 1951, when beetles killed affected area is located on the Sopris nearly 6 billion board feet of standing Forest Service and Rifle Range Districts of the White spruce. Damaging attacks have been River National Forest. The area contains largely associated with extensive Baylor Park Timber Blowdown mature and overmature Engelmann windthrow, where downed trees Analysis, White River National Forest; spruce and with an endemic population provided an ample food supply for a Garfield County, CO of spruce beetle. The purpose of and rapid buildup of beetle populations. The need for this project is to treat the beetle progeny then emerge to attack AGENCY: Forest Service, USDA. blowdown and damaged area to prevent living trees, but if downed material is

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 6980 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices not available, then standing trees may 1984). The LMP allocated the proposed seeking information, comments, and be attacked. Large, overmature trees are timber sale area to wood fiber assistance from Federal, State, and local attacked first, but if an infestation production and utilization of sawtimber agencies, and other individuals or persists, beetles will attack and kill products, with a small portion of the groups who may be interested or smaller trees after the large trees in the sale area being allocated to be managed affected by the proposed action. Public stand are killed. for rangeland improvement and comments received during initial Proposed Action is to remove and/or livestock grazing. All of the allocations scoping for this project will be treat damaged or windthrown trees, by allow for timber harvest to occur. incorporated into this EIS. The Forest use of salvage sales and other treatment Based on internal Forest Service Service predicts the draft environmental methods. Other treatment methods scoping, the preliminary issues include impact statement will be filed during include but are not limited to: bark the effects of the proposed action on: the summer of 2000 and the final peeling, pile and burning and area wildlife and wildlife habitat, environmental impact statement and prescribed fire, to reduce the risk of recreation use and visual quality, record of decision during the winter of insect infestation outbreaks. In addition, watershed quality, wetland 2000. The comment period on the draft the proposal would salvage or treat management, cultural resources, risk of environmental impact statement will be Engelmann spruce trees affected by insect infestation outbreaks, wildfire forty-five days from the date the spruce beetles in the analysis area. The risk, and the transportation system— Environmental Protection Agency U.S. Department of Agriculture, Forest including possible entry into a roadless publishes the notice of availability in Service will prepare an Environmental area. the Federal Register. Impact Statement to determine to what Preliminary alternatives include, but The Forest Service believes it is extent, if any, that timber sale salvage are not limited to: important to give reviewers notice at operations or other methods of 1. No Action, existing management this early stage of several court rulings treatment, of Engelmann spruce, sub activities under the current Forest Plan related to public participation in the alpine fir and aspen are to occur. will continue. environmental review process. First, DATE: Comments concerning the scope 2. The proposed action is to remove and/or treat damaged or windthrown reviewers of draft environmental impact of the analysis should be received in statements must structure their writing on or before March 13, 2000. trees, by use of salvage sales and other treatment methods, such as bark participation in the environmental ADDRESSES: Send written comments to peeling, pile and burning and review of the proposal so that it is Richard L. Doak, Acting District Ranger, prescribed fire, in order to reduce the meaningful and alerts an agency to the Sopris Ranger District, White River risk of insect infestation outbreaks. In reviewer’s position and contentions. National Forest, PO Box 309, addition, the proposal would salvage or Vermont Yankee Nuclear Power Corp. v. Carbondale, CO 81623. The Forest treat Englemann spruce trees affected by NRDC, 435 U.S. 519, 553 (1978). Also, Supervisor Martha J. Ketelle, P.O. Box spruce beetles in the analysis area. environmental objections that could be 948, Glenwood Springs, CO 81601 is the 3. Live timber will be harvested above raised at the draft environmental impact Responsible Official for the that which was damaged, to treat all of statement stage but that are not raised Environmental Impact Statement and the stands within the affected until after completion of the final Record of Decision. blowndown and damaged area for both environmental impact statement may be FOR FURTHER INFORMATION CONTACT: silvicultural and economic reasons. waived or dismissed by the courts, City Janice Spencer, Project Coordinator, Alternatives will be carefully of Angoon v. Hodel, 803 F.2d 1016, White River National Forest, P.O. Box examined for their potential impacts on 1022 (9th Cir. 1986) and Wisconsin 948, Glenwood Springs, CO 81601. the physical, biological, and social Heritages, Inc. v. Harris, 490 F. Supp. SUPPLEMENTARY INFORMATION: Due to the environments so that tradeoffs are 1334, 1338 (E.D. Wis. 1980). Because of difficulty in performing cultural apparent to the decision maker. The these court rulings, it is very important surveys, the close proximity of decisions to be made by the Forest that those interested in this proposed wetlands, and potential of a roadless Supervisor, based on the pending action participate by the close of the 45- area entry to treat the down and analysis to be documented in this EIS day comment period so that substantive damaged timber, An Environmental are: Should the blowdown and damaged comments and objections are made Impact Statement (EIS) is required as trees in the Baylor Park area be treated available to the Forest Service at a time per Forest Service Handbook 1909.15, to reduce possible spruce beetle when it can meaningfully consider them Section 20.6. The intent of the EIS is to infestation? And, if so: Should road and respond to them in the final determine to what extent, if any, that construction be allowed for timber environmental impact statement. To timber sale salvage operations or other harvest in this area? How will cultural assist the Forest Service in identifying methods of treatment, of Engelmann resources be best protected? and considering issues and concerns on spruce, subalpine fir and aspen are to Permits and licenses required to the proposed action, comments on the occur. These trees were damaged during implement the proposed action will, or draft environmental impact statement a wind event that occurred on August may, include the following: should be as specific as possible. It is 18, 1999 in the Baylor Park area. The Consultation with U.S. Fish and also helpful if comments refer to blowdown occurred over an area of Wildlife Service for compliance with specific pages or chapters of the draft approximately 2,000–3,000 acres on the Section 7 of the Threatened & statement. Comments may also address Sopris and Rifle Ranger Districts of the Endangered Species Act; review from the adequacy of the draft environmental White River National Forest. The the Colorado Division of Wildlife, impact statement or the merits of the proposed action will be consistent with consultation with the Army Corps of alternatives formulated and discussed in programmatic management direction Engineers, and clearance from the the statement. (Reviewers may wish to contained in the Rocky Mountain Colorado State Historic Preservation refer to the Council on Environmental Regional Guide for Standards and Office. Public participation will be fully Quality Regulations for implementing Guidelines (1983) and in the Land and incorporated into preparation of the EIS. the procedural provisions of the Resource Management Plan for the The first step is the scoping process, National Environmental Policy Act at 40 White River National Forest (LMP, during which the Forest Service will be CFR 1503.3 in addressing these points.)

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Dated: February 2, 2000. invited. Commenters should identify the additions to and deletions from the Martha J. Ketelle, statement(s) underlying the certification Procurement List: on which they are providing additional Forest Supervisor. Additions [FR Doc. 00–3265 Filed 2–10–00; 8:45 am] information. The following comments pertain to BILLING CODE 3410±BW±M The following services have been proposed for addition to Procurement Janitorial/Custodial, The Library of List for production by the nonprofit Congress, Washington, DC for the agencies listed: following locations: James Madison Committee for Purchase From People Memorial, Thomas Jefferson Building, Who are Blind or Severely Disabled Grounds Maintenance John Adams Building and Little Air National Guard Readiness Center Procurement List Proposed Additions Andrews AFB, Maryland Scholars Child Care Facility. NPA: Melwood Horticultural Training Comments were received from AGENCY: Committee for Purchase From Center, Upper Marlboro, Maryland counsel for two companies: the current People Who Are Blind or Severely Janitorial/Custodial contractor for this service, and a new Disabled U.S. Customs Service company whose president was until ACTION: Proposed additions to Office of Investigation, East and West Wings recently the president of the current procurement list. Building 50, JFK Airport contractor. Jamaica, New York Both companies noted the impact on SUMMARY: The Committee has received NPA: Goodwill Industries of Greater New them of adding this service to the proposals to add to the Procurement List York and Northern New Jersey, Inc. Procurement List, and questioned the Astoria, New York services to be furnished by nonprofit capability of the nonprofit agency Mailroom Operation originally designated to perform the agencies employing persons who are U.S. Department of State blind or have other severe disabilities. Office of Foreign Buildings Operations service. The second company also COMMENTS MUST BE RECEIVED ON OR 1701 North Fort Myer Drive questioned whether this addition to the BEFORE: March 13, 2000. Arlington, Virginia Procurement List met certain statutory NPA: Columbia Lighthouse for the Blind, requirements, and the role of a ADDRESSES: Committee for Purchase Washington, DC consultant to that nonprofit agency. From People Who Are Blind or Severely This service is currently being procured Leon A. Wilson, Jr., Disabled, Crystal Gateway 3, Suite 310, under a small business set-aside, and 1215 Jefferson Davis Highway, Executive Director. the contracting officer has stated for the Arlington, Virginia 22202–4302. [FR Doc. 00–3202 Filed 2–10–00; 8:45 am] record that, if the Committee does not FOR FURTHER INFORMATION CONTACT: BILLING CODE 6353±01±P add the service to the Procurement List, Leon A. Wilson, Jr. (703) 603–7740. the service will continue to be reserved SUPPLEMENTARY INFORMATION: This for small businesses. The current notice is published pursuant to 41 COMMITTEE FOR PURCHASE FROM contractor is no longer a small business, U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its PEOPLE WHO ARE BLIND OR so it is not eligible for contracts for the purpose is to provide interested persons SEVERELY DISABLED service. Consequently, addition of this an opportunity to submit comments on Procurement List Additions and service to the Procurement List would the possible impact of the proposed Deletions not be the cause of any impact the actions. current contractor suffers by not being If the Committee approves the AGENCY: Committee for Purchase From able to provide the service, regardless of proposed additions, all entities of the People Who Are Blind or Severely the size of the impact or any Federal Government (except as Disabled. dependency the contractor has otherwise indicated) will be required to ACTION: Additions to and deletions from developed over the five years it has procure the services listed below from the Procurement List. provided the service. Although the nonprofit agencies employing persons current contractor anticipates that its who are blind or have other severe SUMMARY: This action adds to the declining sales will return it to the small disabilities. Procurement List services to be business category by 2001, the I certify that the following action will furnished by nonprofit agencies Committee does not consider such not have a significant impact on a employing persons who are blind or speculation as demonstrating severe substantial number of small entities. have other severe disabilities, and adverse impact resulting from addition The major factors considered for this deletes from the Procurement List of a service to the Procurement List. certification were: commodities previously furnished by Unlike the current contractor, the 1. The action will not result in any such agencies. other commenting company is a small additional reporting, recordkeeping or EFFECTIVE DATE: March 13, 2000. business. It has not, however, been a other compliance requirements for small current contractor for this service. ADDRESSES: Committee for Purchase entities other than the small Losing the ability to compete for the From People Who Are Blind or Severely organizations that will furnish the service is not considered by the Disabled, CrystalGateway 3, Suite 310, services to the Government. Committee to constitute severe adverse 1215 Jefferson Davis Highway, 2. The action will result in impact on a company which has not Arlington, Virginia 22202–4302. authorizing small entities to furnish the developed a dependence on having the services to the Government. FOR FURTHER INFORMATION CONTACT: contract for the service. 3. There are no known regulatory Leon A. Wilson, Jr. (703) 603–7740. The current contractor noted that loss alternatives which would accomplish SUPPLEMENTARY INFORMATION: On of this service would require it to the objectives of the Javits-Wagner- November 29 and December 17, and 27, discharge a substantial number of its O’Day Act (41 U.S.C. 46–48c) in 1999, the Committee for Purchase From employees, who would collect connection with the services proposed PeopleWho Are Blind or Severely unemployment benefits from the for addition to the Procurement List. Disabled published notices (64 F.R. company, increasing its indirect rates Comments on this certification are 66611, 70694 and 72312) of proposed and making it more difficult for the

VerDate 272000 20:45 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 6982 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices company to offer competitive prices in already on the Procurement List, some does not require this level of detail from the future. The Committee considers of them substantial in scope. The nonprofit agencies participating in its this impact on the company to be too contractor claimed that it had been program. speculative to constitute severe adverse substantially impacted by some of these The other commenter claimed that impact. As for the company’s additions. The contractor also claimed this service does not meet the employees, the Committee has that additional people with severe Committee’s statutory requirement that authorized the nonprofit agency which disabilities could be employed at these 75 percent of the direct labor for the will provide the service to phase in its locations, making the addition of the service be performed by persons with workers with severe disabilities, service at the Library of Congress severe disabilities. The commenter preserving the jobs of the current unnecessary to create jobs for these noted that the requirement must be met workers while they seek employment people. each year the nonprofit agency performs elsewhere in the area, which is The continued viability of the current the services, so a phase-in of people currently experiencing very low contractor casts serious doubt on any with disabilities would not be unemployment for workers without contention that it has been severely permissible. Such a phase-in, according disabilities. In addition, a custodial impacted by previous Procurement List to the commenter, would also lower the corporation has offered to provide additions. As noted above, the current nonprofit agency’s overall disabled comparable employment opportunities, contractor would not be eligible for the labor percentage below the level the with similar pay and benefits, for next contract for this service at the statute requires. The commenter workers displaced by this Procurement Library of Congress, whether or not the misunderstands the statutory direct List addition. Committee adds it to the Procurement labor requirement, which applies to a On the basis of the Committee’s List. Given the large number of people nonprofit agency’s total direct labor, not response to a Freedom of Information with severe disabilities in the to the labor used on a specific service. Act request the current contractor filed Washington area who remain However, the commenter is correct that early in the addition process, that unemployed, the Committee believes Ability Unlimited, Inc., the nonprofit contractor questioned whether this there is a need to add the service at the agency originally proposed to perform project would generate jobs for people Library of Congress to the Procurement this service, does not currently meet the with severe disabilities. The contractor List and thereby generate additional jobs total direct labor requirement. Another also noted the lack of a technical or for such individuals. Incremental qualified nonprofit agency, The Chimes, management proposal for the project, addition of workers with severe Inc., which does meet the total direct and other evidence addressing the disabilities to the janitorial/custodial labor requirement and has been found capability of the nonprofit agency and services in Washington which have capable of providing this service, has its employees with disabilities to already been placed on the Procurement been designated to replace Ability perform this service. List will not fill this need. For the same Unlimited as the service provider under The Committee believes that the reason, and given that the nonprofit the Procurement List for at least one record now compiled fully supports the agency has been found capable of year. If Ability Unlimited meets the total determination it has made that this providing the entire service, it would direct labor requirement at that time, the service will eventually create not be appropriate for the Committee to service will be transferred to it. The approximately 58 work years of add just a portion of the service to the commenter also questioned whether the employment for people with severe Procurement List, as the other price established for the service is a true disabilities. This record does includes a commenter suggested. fair market price. The commenter technical proposal for the service. The The current contractor claimed that assumed, in accordance with former nonprofit agency has been found the fact that price proposals it reviewed Committee pricing policies, that the capable of performing the service by the show variation above and below the price was based on the current price for Committee based on assessments by the current price for the service shows that the service, which is being provided central nonprofit agency concerned and the nonprofit agency does not under a contractual arrangement which the contracting officer at the Library of understand the work requirements for is now over five years old. However, in Congress, who has reviewed and the service and thus cannot be accordance with new Committee pricing accepted the technical proposal. considered capable of performing it. The policies, the price for this service was Both commenters noted that the Committee, however, considers these set by negotiation between the Library Library of Congress buildings, proposals to be evidence that the of Congress and the nonprofit agency. particularly the Jefferson Building, nonprofit agency and the Library of Such a price by its nature is a fair contain numerous antiques and Congress were engaged in price market price, as it is an agreement at ornamental items in their elaborate negotiation, which is now the preferred this time between a knowledgeable interiors, which require specialized method of setting a fair market price in buyer and a seller, without regard to the cleaning techniques and expertise. the Committee’s program, and not price of the previous contractual Some of these features of the buildings, evidence of a lack of capability on the arrangement. however, are not within the statement of nonprofit agency’s part. The same commenter also questioned work for the service, as cleaning them The current contractor also claimed the use by Ability Unlimited of a for- is the responsibility of the Architect of that the nonprofit agency must profit janitorial firm as a consultant and the Capitol. If other such features are specifically identify the individuals materials supplier for this service. The beyond the capability of workers with with disabilities who will be employed commenter claimed that this disabilities to perform, they will be on this service and demonstrate how arrangement violates the statutory handled by those workers without these individuals are capable of requirement that a nonprofit agency’s disabilities which the Committee’s performing the work involved in the net income not inure to any individual. statute permits the nonprofit agency to service. The Committee does not The commenter also indicated that the retain on the job. consider this degree of specificity to be consultant firm’s performance record on The current contractor noted that 31 appropriate, given that commercial another Government contract made its Federal janitorial/custodial services janitorial contractors do not so identify role in connection with this service with Washington, DC addresses are workers before beginning a project, and inappropriate. Again, the commenter

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 6983 misinterprets the Committee’s statute. The Library of Congress, Washington, DC for DEPARTMENT OF COMMERCE The statutory language the commenter the following buildings: mentioned is intended to assure that James Madison Memorial International Trade Administration non-governmental participants in the Thomas Jefferson Building Committee’s program are nonprofit John Adams Building [A±821±811] Little Scholars Child Development Center corporations. Ability Unlimited and The Solid Fertilizer Grade Ammonium Chimes meet that requirement, as well Janitorial/Custodial Nitrate From the Russian Federation; as a Committee policy requirement U.S. Coast Guard Notice of Postponement of Final designed to assure nonprofit status and Southwest Harbor Building Determination in the Antidumping Duty organizational independence. The Southwest Harbor, Maine Investigation Committee has examined the relationship between AbilityUnlimited This action does not affect current AGENCY: Import Administration, and the for-profit consultant, and has contracts awarded prior to the effective International Trade Administration, received information from the president date of this addition or options that may Department of Commerce. be exercised under those contracts. of the consultant firm that demonstrates EFFECTIVE DATE: February 11, 2000. that the firm will not profit from the Deletions FOR FURTHER INFORMATION CONTACT: relationship. In addition, the Doreen Chen, Laurel LaCivita, or Rick consultant’s performance on its own I certify that the following action will janitorial contracts is not a dispositive Johnson, Import Administration, not have a significant impact on a International Trade Administration, factor in this instance because of the substantial number of small entities. limited role the consultant would play U.S. Department of Commerce, 14th The major factors considered for this Street and Constitution Avenue, NW, in providing the service at issue. certification were: Furthermore, if Ability Unlimited fails Washington, DC 20230; telephone: (202) to increase its total direct labor being 1. The action may not result in any 482–0408, (202) 482–4243, and (202) performed by people with severe additional reporting, recordkeeping or 482–3818, respectively. disabilities to the level required by the other compliance requirements for small The Applicable Statute Committee’s statute, it will not be entities. Unless otherwise indicated, all performing this service at the Library of 2. The action will not have a severe Congress under the Committee’s citations to the Tariff Act of 1930, as economic impact on future contractors amended (‘‘the Act’’), are references to program. for the commodities. The following material pertains to the the provisions effective January 1, 1995, two services being added to the 3. The action may result in the effective date of the amendments Procurement List: After consideration of authorizing small entities to furnish the made to the Act by the Uruguay Round the material presented to it concerning commodities to the Government. Agreements Act (‘‘URAA’’). In addition, unless otherwise indicated, all citations capability of qualified nonprofit 4. There are no known regulatory to the Department’s regulations are to agencies to provide the services and alternatives which would accomplish impact of the additions on the current the regulations at 19 CFR Part 351 the objectives of the Javits-Wagner- (1998). or most recent contractors, the O’Day Act (41 U.S.C. 46–48c) in Committee has determined that the connection with the commodities Postponement of Final Determination services listed below are suitable for deleted from the Procurement List. procurement by the Federal Government The Department received a request under 41 U.S.C. 46–48c and 41 CFR 51– After consideration of the relevant pursuant to section 735(a)(2) of the Act 2.4. I certify that the following action matter presented, the Committee has and 19 CFR 351.210(e)(2) to postpone its will not have a significant impact on a determined that the commodities listed final determination to 135 days after substantial number of small entities. below are no longer suitable for publication of the Department’s The major factors considered for this procurement by the Federal Government preliminary determination and to certification were: under 41 U.S.C. 46–48c and 41 CFR 51– extend the imposition of provisional 1. The action will not result in any 2.4. measures from a four-month period to additional reporting, recordkeeping or not more than six months from Accordingly, the following other compliance requirements for small respondent JSC Nevinnomyssky Azot, a commodities are hereby deleted from entities other than the small producer/exporter of the subject organizations that will furnish the the Procurement List: merchandise. services to the Government. Paper, Tabulating Machine In accordance with 19 CFR 2. The action will not have a severe 7530–00–249–4847 351.210(b)(2)(ii), because (1) Our economic impact on current contractors 7530–00–057–9487 preliminary determination is for the services. Pad, Parachutists’ Helmet affirmative, (2) the respondent 3. The action will result in 8470–01–092–8494 requesting a postponement accounts for authorizing small entities to furnish the a significant proportion of exports of the services to the Government. Leon A. Wilson, Jr., subject merchandise, and (3) no 4. There are no known regulatory Executive Director. compelling reasons for denial exist, we alternatives which would accomplish [FR Doc. 00–3203 Filed 2–10–00; 8:45 am] are granting respondent’s request and the objectives of the Javits-Wagner- BILLING CODE 6353±01±P are postponing the final determination O’Day Act (41 U.S.C. 46–48c) in to no later than May 22, 2000, which is connection with the services proposed 135 days after the publication of the for addition to the Procurement List. preliminary determination. See Notice Accordingly, the following services of Preliminary Determination of Sales at are hereby added to the Procurement Less than Fair Value: Solid Fertilizer List: Grade Ammonium Nitrate from the Janitorial/Custodial Russian Federation. Suspension of

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 6984 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices liquidation will be extended investigations of imports of structural comments on Inchon’s and Kangwon’s accordingly. beams from Germany, Japan, South questionnaire responses in September, This notice of postponement is Korea, and Spain. See Initiation of November, and December 1999. published pursuant to 19 CFR Antidumping Duty Investigations: On September 17 and 21, 1999, 351.210(g). Structural Steel Beams From Germany, Inchon and Kangwon, respectively, Dated: February 2, 2000. Japan, South Korea, and Spain, 64 FR requested that they be excused from 42084 (August 3, 1999) (‘‘Notice of reporting home market resales of subject Holly A. Kuga, Initiation’’). Since the initiation of this merchandise produced by unaffiliated Acting Assistant Secretary for Import investigation the following events have manufacturers. Additionally, on Administration. occurred. September 17, 1999, Inchon requested [FR Doc. 00–3153 Filed 2–10–00; 8:45 am] The Department set aside a period for that it be excused from reporting home BILLING CODE 3510±DS±P all interested parties to raise issues market sales of I-beams and GI-beams. regarding product coverage. On August On September 28, 1999, we granted 17, 1999, Northwestern Steel & Wire Inchon’s and Kangwon’s request that DEPARTMENT OF COMMERCE Company, Nucor-Yamato Steel they not be required to report home International Trade Administration Company, and TXI–Chaparral Steel Inc. market resales of subject merchandise (‘‘petitioners’’) submitted comments to produced by unaffiliated manufacturers; [A±580±841] the Department requesting that the however, we instructed Inchon to report scope exclude certain forklift truck its home market sales of I-beams and GI- Notice of Preliminary Determination of mast-section non-standard I-beams. In beams. Sales at Less Than Fair Value and August 1999, the Department also On November 2, 1999, petitioners Postponement of Final Determination: requested comments from petitioners submitted a timely request for a Structural Steel Beams From South and potential respondents in these postponement of the preliminary Korea investigations regarding the model determination pursuant to 19 CFR matching criteria. We received 351.205(e). On November 16, 1999, we AGENCY: Import Administration, postponed the preliminary International Trade Administration, comments from petitioners regarding determination until no later than Department of Commerce. model matching criteria. On August 23, 1999, the United States February 2, 2000. See Structural Steel EFFECTIVE DATE: February 11, 2000. International Trade Commission (‘‘ITC’’) Beams From South Korea and Japan; FOR FURTHER INFORMATION CONTACT: informed the Department of its Notice of Postponement of Preliminary Carrie Blozy (Kangwon Industries, Ltd. affirmative preliminary injury Determinations in Antidumping Duty (‘‘Kangwon’’)), Brandon Farlander determination on imports of subject Investigations, 64 FR 66169 (November (Inchon Iron & Steel Co., Ltd. merchandise from Japan and South 24, 1999). (‘‘Inchon’’)), or Rick Johnson, Import Korea and its negative injury Administration, International Trade determination on imports of the subject Postponement of Final Determination Administration, U.S. Department of merchandise from Germany and Spain. Pursuant to section 735(a)(2) of the Commerce, 14th Street and Constitution On August 31, 1999, noting the ITC’s Act, on January 13, 2000, Inchon and Avenue, NW, Washington, DC 20230; negative injury determination Kangwon requested that, in the event of telephone: (202) 482–0165 (Blozy), (202) concerning Germany, petitioners an affirmative preliminary 482–0182 (Farlander), or (202) 482–3818 submitted a letter stating that a scope determination in this investigation, the (Johnson). exclusion of forklift truck mast-section Department postpone its final non-standard I-beams was no longer determination until not later than 135 The Applicable Statute necessary as those products were days after the date of the publication of Unless otherwise indicated, all imported from Germany. an affirmative preliminary citations to the statute are references to On August 2, 1999, the Department determination in the Federal Register. the provisions effective January 1, 1995, issued Section A of its antidumping Inchon and Kangwon also requested a the effective date of the amendments questionnaire to Inchon and Kangwon. two-month extension of the four-month made to the Tariff Act of 1930 (‘‘the On August 30, 1999, Inchon and limit on the imposition of provisional Act’’) by the Uruguay Round Kangwon submitted responses to measures. In accordance with 19 CFR Agreements Act (‘‘URAA’’). In addition, Section A of the questionnaire. Also, on 351.210(b), because (1) our preliminary unless otherwise indicated, all August 30, 1999, we issued Sections B, determination is affirmative, (2) Inchon references to the Department’s C, D, and E of the antidumping and Kangwon account for all known regulations are to the provisions questionnaire. On September 17, 1999, exports of the subject merchandise, and codified at 19 CFR part 351 (1998). we issued a supplemental questionnaire (3) no compelling reason for a denial on Section A. On October 25, 1999, exists, we are granting the respondents’ Preliminary Determination Inchon and Kangwon submitted their request and are postponing the final We preliminarily determine that Sections B, C, and D responses, and determination until no later than 135 structural steel beams (‘‘structural supplemental questionnaire response days after the publication of this notice beams’’) from South Korea are being, or for Section A. On November 16, 1999, in the Federal Register. Suspension of are likely to be, sold in the United States we issued a second supplemental liquidation will be extended at less than fair value (‘‘LTFV’’), as questionnaire to Inchon and Kangwon, accordingly. provided in section 733 of the Act. The and on December 10, 1999, we received estimated margins of sales at LTFV are responses from both companies. On Scope of Investigation shown in the ‘‘Suspension of January 7 and 10, 2000, we issued For purposes of this investigation, the Liquidation’’ section of this notice. supplemental questionnaires for Inchon products covered are doubly-symmetric and Kangwon, respectively. On January shapes, whether hot- or cold-rolled, Case History 18 and 20, 2000, we received Inchon’s drawn, extruded, formed or finished, On August 3, 1999, the Department and Kangwon’s supplemental responses, having at least one dimension of at least initiated antidumping duty respectively. Petitioners submitted 80 mm (3.2 inches or more), whether of

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 6985 carbon or alloy (other than stainless) (‘‘CEP’’) to the normal value (‘‘NV’’), as Department’s practice to use the date of steel, and whether or not drilled, described in the ‘‘export price and the invoice to the first unaffiliated punched, notched, painted, coated, or constructed export price’’ and ‘‘normal purchaser in the United States. clad. These products (‘‘Structural Steel value’’ sections of this notice, below. In However, the date of sale cannot occur Beams’’) include, but are not limited to, accordance with section after the date of shipment. Therefore, wide-flange beams (‘‘W’’ shapes), 777A(d)(1)(A)(i) of the Act, we when date of shipment to the first bearing piles (‘‘HP’’ shapes), standard calculated weighted-average EPs and unaffiliated purchaser in the United beams (‘‘S’’ or ‘‘I’’ shapes), and M- CEPs (if applicable) for comparison to States precedes the date of the invoice, shapes. weighted-average NVs. we will use shipment date as the date All products that meet the physical of sale (see Certain Cold-Rolled and Transactions Investigated and metallurgical descriptions provided Corrosion-Resistant Carbon Steel Flat above are within the scope of this A. Home Market Viability Products From Korea: Final Results of investigation unless otherwise In order to determine whether there is Antidumping Duty Administrative excluded. The following products are a sufficient volume of sales in the home Reviews, 64 FR 12927, 12935 (March 16, outside and/or specifically excluded market to serve as a viable basis for 1999), citing Certain Cold-Rolled and from the scope of this investigation: Corrosion-Resistant Carbon Steel Flat • calculating NV (i.e., the aggregate Structural steel beams greater than volume of home market sales of the Products From Korea: Final Results of 400 pounds per linear foot or with a foreign like product is equal to or Antidumping Duty Administrative web or section height (also known as greater than five percent of the aggregate Reviews, 63 FR 13170, 13172–73 (March depth) over 40 inches. volume of U.S. sales), we compared the 18, 1998). Thus, for U.S. sales through: The merchandise subject to this respondent’s volume of home market (1) Channel one (Inchon to its affiliated investigation is classified in the sales of the foreign like product to the trading company in South Korea, Harmonized Tariff Schedule of the volume of U.S. sales of the subject Hyundai Corporation to Hyundai United States (‘‘HTSUS’’) at merchandise, in accordance with U.S.A., a wholly owned subsidiary of subheadings: 7216.32.0000, section 773(a)(1)(B) of the Act. Since Hyundai Corporation located in the 7216.33.0030, 7216.33.0060, both Inchon’s and Kangwon’s aggregate United States and an affiliate of Inchon, 7216.33.0090, 7216.50.0000, volume of home market sales of the to the U.S. unaffiliated customer), we 7216.61.0000, 7216.69.0000, foreign like product was greater than used Hyundai U.S.A.’s invoice date; (2) 7216.91.0000, 7216.99.0000, five percent of its aggregate volume of channel two (Inchon to Hyundai 7228.70.3040, 7228.70.6000. Although U.S. sales for the subject merchandise, Corporation to the U.S. unaffiliated the HTSUS subheadings are provided we determined that the home markets customer), we used Hyundai for convenience and Customs purposes, for both companies were viable. Corporation’s invoice date; and (3) the written description of the Therefore, we have based NV on home channel three (Inchon to the U.S. merchandise under investigation is market sales in the usual commercial unaffiliated customer), we used dispositive. quantities and in the ordinary course of Inchon’s invoice date, unless shipment trade. occurs prior to issuing the invoice. Period of Investigation When shipment occurs prior to issuing The period of investigation (‘‘POI’’) is B. Date of Sale the invoice, we used the shipment date July 1, 1998 through June 30, 1999. Inchon as the date of sale, as noted above. Affiliation For both home market and U.S. Kangwon On January 7, 2000, news reports transactions, Inchon reported the For its direct home market indicated that Inchon shareholders invoice date as the date of sale, i.e., the transactions as well as its home market approved a plan to merge with date when price, quantity, and material transactions through Sampyo Kangwon. Under the proposed plan, specifications are finalized, because Corporation, Kangwon’s affiliated Inchon will absorb Kangwon. Both Inchon stated that the price, quantity, distributor, Kangwon has reported the respondents have stated that Inchon and and material specifications may change date of shipping invoice as the date of Kangwon were separate, independent until the time of invoicing and sale, i.e., the date when price and companies during the POI and that no shipment. Based on Inchon’s reported quantity are finalized. In its merger discussions took place during frequency of changes in the material Supplemental Section A Questionnaire the POI. See, e.g., Kangwon’s January terms of sale for both its home market Response, Kangwon provided an 20, 2000 Supplemental Questionnaire and U.S. transactions, which is business estimate that for a certain percentage of Response at pages 20–21 and Inchon’s proprietary information, the Department sales, the material terms of sale (i.e., January 18, 2000 Supplemental preliminarily determines that the price and quantity) change between the Questionnaire Response at page 13. invoice date is the most appropriate date of the customer’s purchase inquiry Therefore, based on respondents’ record date to use for the date of sale. This is and the date of shipment. Additionally, statements that they were separate, because the frequency of changes in Kangwon noted that shipping invoice independent companies during the POI, price and quantity between order date is recorded as the date of sale in we preliminarily determine that the confirmation and invoice date indicate Kangwon’s and Sampyo Corporation’s companies were unaffiliated during the that the essential terms of sale are not accounting records. See also Analysis POI and have treated each as a separate fixed until the invoice date. For a for the Preliminary Determination in the entity for purposes of this investigation. further discussion, see Analysis for the Antidumping Duty Investigation of Preliminary Determination in the Structural Steel Beams from South Fair Value Comparisons Investigation of Structural Steel Beams Korea—Kangwon Industries, Ltd. To determine whether sales of from South Korea—Inchon Iron & Steel (‘‘Analysis Memorandum: Kangwon’’), structural beams from Korea to the Company (‘‘Preliminary Analysis Memo: February 2, 2000. Based on Kangwon’s United States were made at less than Inchon’’), February 2, 2000. We note record statements, which are subject to fair value, we compared the export price that for U.S. sales categorized as either verification, we preliminarily determine (‘‘EP’’) or constructed export price EP or CEP transactions, it is the that shipping invoice date is the

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Antidumping Duty Administrative stated that the majority of ASTM With respect to the date of sale for Reviews, 56 FR 64753 (December 12, structural beams purchased in the home Kangwon’s U.S. transactions, in its 1991) and Titanium Sponge From market were used to construct products original Section A Questionnaire Japan; Final Results of Antidumping for export, the fact that ASTM structural Response, Kangwon stated that because Duty Administrative Review and beams purchased in the home market the final terms of sale remain subject to Tentative Determination To Revoke in are ultimately destined for use outside change until time of shipment and Part, 54 FR 13403, 13404 (April 3, of Korea is not, in this case, of import because it does not record the date 1998). Petitioners note that in Certain to our analysis of whether these sales when a commercial invoice is issued in Welded Carbon Steel Standard Pipes have been made within the ordinary its sales records, it reported bill of and Tubes from India; Final Results of course of trade, given the other lading date as the date of sale for all of Antidumping Duty Administrative circumstances of these sales as its U.S. sales. However, in its Review (‘‘Indian Pipe and Tube’’), 57 FR discussed below. In fact, the record Supplemental Section A Questionnaire 54360, 54362 (November 18, 1992), the indicates that ASTM structural beams Response, Kangwon clarified that the Department examined such factors as are consumed in the home market, date of the tax invoice is the appropriate identified above and found that the indicating that there is a ready market date of sale for U.S. channel three sales Indian respondent’s home market for ASTM structural beams in the home transactions. Moreover, in its Section C ASTM grade pipe sales were outside of market. Regarding the comparative Questionnaire Response, despite its the ordinary course of trade. Petitioners volume of sales and number of buyers claims that it did not record date of assert that a similar fact pattern exists commercial invoice in its sales records, for Inchon’s and Kangwon’s home of ASTM and JIS structural beams in the Kangwon reported date of commercial market sales of ASTM grade home market, we do not find that the invoice for its U.S. channel one and two merchandise and, consequently, argue relatively small number of sales of sales transactions. Based on business that the Department should exclude ASTM structural beams in the home proprietary information provided by respondents’ home market sales of market (as a percentage, in comparison Kangwon regarding the frequency of ASTM-grade subject merchandise. In to respondents’ total volume of changes in material terms of sale up to response to petitioners’ arguments, structural beams in the home market) the invoice date, which is subject to Kangwon and Inchon have argued that alone suggests that the circumstances verification, we find that the material their sales of ASTM grade merchandise surrounding respondents’ sales of terms of sale are subject to change until are within the ordinary course of trade ASTM structural beams in the home invoice date and preliminarily because of the considerable number of market are outside the ordinary course determine that the appropriate date of buyers, the specific requests for ASTM of trade. For both respondents, there sales are: commercial invoice date (U.S. grade merchandise, and the was a significant level of ASTM sales sales channels one and two) and tax insignificant price differences between activity as evidenced by the fact that invoice date (U.S. sales channel three). ASTM grade and non-ASTM grade there were a significant number of See also Analysis Memorandum: merchandise, citing Certain Circular actual sales of ASTM structural beams Kangwon. Additionally, in keeping with Welded Carbon Steel Pipes and Tubes to multiple customers in the home the Department’s practice (see above), from Thailand; Final Results of market. This differs from Indian Pipe where date of shipment to the first Antidumping Duty Administrative and Tube, in which ASTM grade unaffiliated purchaser in the United Review(‘‘Thai Pipe and Tube’’), 61 FR material was sold to only two States precedes the date of the invoice, 1328, 1330–1331 (January 19, 1996). customers. Regarding the price we have used shipment date as the date Consistent with Indian Pipe and Tube differentials between ASTM and JIS of sale. and Thai Pipe and Tube, for this structural steel beams sold in the home preliminary determination, we have C. Home Market Sales of ASTM Grade market, we find there is a minimal examined: (1) The different standards Steel difference between ASTM and JIS and product uses of ASTM and JIS Both respondents made a certain structural steel beams sold in the home structural beams; (2) the comparative market, while in Indian Pipe and Tube percentage of home market sales of volume of sales and number of buyers we noted that there was a wide disparity structural beams manufactured to U.S. of ASTM and JIS structural beams in the in sales prices between ASTM and ASTM grade specifications during the home market; (3) the price differentials Indian Standard pipe. Regarding POI. Petitioners allege that ASTM grade between ASTM and JIS structural beams home market sales are outside the sold in the home market; and (4) whether ASTM structural steel beams ordinary course of trade and should be whether ASTM structural beams sold in sold in the home market consisted of excluded from the Department’s the home market consisted of production overruns, we find no analysis. See petitioners’ December 21, production overruns or seconds. We evidence that the ASTM grade structural 1999 submissions for Inchon and find insufficient information to suggest steel beams sold in the home market are Kangwon. Petitioners maintain that in that ASTM grade structural steel beams production overruns. Whereas in Indian its analysis of whether sales are outside sold in the Korean home market are Pipe and Tube, regarding overruns, the of the ordinary course of trade, the outside the ordinary course of trade. respondent stated, in the original Department has weighed a variety of Regarding the different standards and investigation, that the ASTM sales were factors, including: the significance of product uses of ASTM and JIS structural cost overruns, and no additional the quantities sold, the existence of a beams, we find that they generally evidence had been offered to counter ready market, the comparative volume possess the same mechanical and this information for the review segment of sales and number of buyers of the physical characteristics, and are used of that proceeding. Therefore, based on product types in question, and whether for the same applications. The only the facts of the record, for both the merchandise in question was difference, as noted by petitioners, is the respondents, we preliminarily primarily destined for domestic or weight tolerance. However, this determine that the ASTM sales in foreign markets, citing Certain Welded difference has minimal to no effect on question are within the ordinary course Carbon Steel Standard Pipes and Tubes the application or the desirability of of trade. See also Preliminary Analysis

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Memo: Inchon and Analysis Department’s August 2, 1999 Steel Plate from Germany: Final Results Memorandum: Kangwon. questionnaire. of Antidumping Administrative Review, 62 FR 18389, 18391 (April 15, 1997); D. Home Market Sales of Merchandise Export Price and Constructed Export Mitsubishi Heavy Industries v. United Price Supplied by an Unaffiliated Producer States, Slip Op. 98–82 at 6 (CIT June 23, In accordance with section 772(a) of In their original Section A 1998). The Department has stated that, the Act, export price is the price at Questionnaire responses, Inchon and (w)here the U.S. affiliate has more than which the subject merchandise is first Kangwon reported that they resold an incidental involvement in making sold (or agreed to be sold) before the subject merchandise in the home market sales (e.g., solicits sales, negotiates date of importation by the producer or purchased from an unaffiliated contracts or prices) or provides exporter of the subject merchandise manufacturer and requested that they be customer support, we treat the outside of the United States to an excused from reporting these resales. transactions as CEP sales,’’ citing, e.g., unaffiliated purchaser in the United Based on respondents’ statements on the Certain Corrosion-Resistant Carbon States or to an unaffiliated purchaser for record, including the statement that Steel Flat Products and Certain Cut-to- exportation to the United States, as neither company sold subject Length Carbon Steel Plate from Canada, adjusted under subsection (c). In 63 FR 12725, 12738 (March 16, 1998). merchandise produced by an accordance with section 772(b) of the unaffiliated manufacturer in the United Act, constructed export price is the Inchon States during the POI, we determined price at which the subject merchandise Inchon identified three channels of that respondents should be excused is first sold (or agreed to be sold) in the distribution for U.S. sales. For U.S. sales from reporting home market resales of United States before or after the date of channel one (i.e., Inchon sales through subject merchandise produced by an importation by or for the account of the Hyundai Corporation, Inchon’s affiliated unaffiliated manufacturer. See producer or exporter of such trading company in South Korea, to Memorandum to the File: Request to Not merchandise or by a seller affiliated Hyundai U.S.A., a wholly owned Report Certain Sales (September 28, with the producer or exporter, to a subsidiary of Hyundai Corporation 1999). purchaser not affiliated with the located in the United States and an E. Arm’s Length Test producer or exporter, as adjusted under affiliate of Inchon, and finally, to an subsections (c) and (d). For purposes of unaffiliated customer), channel two (i.e., Kangwon and Inchon this investigation, both respondents Inchon sales through Hyundai Sales to affiliated customers in the have classified their sales as EP sales. Corporation, mentioned above, to an Notwithstanding the above home market not made at arm’s length unaffiliated customer in the United definitions, there are situations where States) and channel three (i.e., Inchon prices (if any) were excluded from our we have treated certain transactions as sales to an unaffiliated trading customer analysis because we considered them to EP sales when a U.S. affiliate is for export to the United States), we be outside the ordinary course of trade. involved in the U.S. sales transactions. based our calculation on EP, in See 19 CFR 351.102. To test whether However, the Department normally accordance with section 772 (a) of the these sales were made at arm’s length treats sales through an agent in the Act, because the subject merchandise prices, we compared, on a model- United States as CEP sales unless the was sold by the producer or exporter specific basis, the prices of sales to activities of the agent are merely directly to the first unaffiliated affiliated and unaffiliated customers net ancillary to the sales process. purchaser in the United States or for of all movement charges, direct selling Specifically, where sales are made prior export to the United States prior to expenses, and, for Kangwon, packing. to importation through a U.S.-based importation, and CEP methodology was Where, for the tested models of subject affiliate to an unaffiliated customer in not otherwise indicated. merchandise, prices to the affiliated the United States, the Department We note that petitioners have argued party were on average 99.5 percent or examines several factors to determine that sales through channel one should more of the price to unaffiliated parties, whether these sales warrant be treated as CEP sales; however, as we determined that sales made to the classification as EP sales. These factors noted above, we preliminarily disagree affiliated party were at arm’s length. See are: (1) Whether the merchandise was based on the information on the record 19 CFR 351.403(c). For results of the shipped directly from the manufacturer at this time. arm’s length test, see Analysis to the unaffiliated U.S. customer Inchon claimed that all of its U.S. Memorandum: Kangwon and without being introduced into the sales of subject merchandise are EP Preliminary Analysis Memo: Inchon. physical inventory of the affiliated sales, including those sales made prior Product Comparisons selling agent; (2) whether this is the to importation through Hyundai U.S.A., customary commercial channel between Hyundai Corporation’s wholly-owned In accordance with section 771(16) of the parties involved; and (3) whether U.S. subsidiary (i.e., channel one sales). the Act, we considered all products the function of the U.S. selling agent is In looking at the channel one sales, we produced by the respondents covered by limited to that of a ‘‘processor of sales- preliminarily agree that all three factors the description in the ‘‘Scope of the related documentation’’ and a of our test are met for channel one sales. Investigation’’ section, above, and sold ‘‘communication link’’ with the First, the merchandise is usually in the home market during the POI, to unrelated U.S. buyer. Where the factors shipped directly from Inchon to the U.S. be foreign like products for purposes of indicate that the activities of the U.S. customer without Hyundai U.S.A. determining appropriate product selling agent are ancillary to the sale taking the merchandise into physical comparisons to U.S. sales. Where there (e.g., arranging transportation or inventory. Moreover, this is the were no sales of identical merchandise customs clearance), we treat the customary commercial channel between in the home market to compare to U.S. transactions as EP sales. Where the U.S. the parties. Thus, the first two factors of sales, we compared U.S. sales to the selling agent is substantially involved in our test are met. Regarding the third next most similar foreign like product the sales process (e.g., negotiating factor, Inchon claims that Hyundai on the basis of the characteristics and prices), we treat the transactions as CEP U.S.A. does not have the authority to reporting instructions listed in the sales. See Certain Cut-to-Length Carbon independently solicit, negotiate, or

VerDate 272000 21:32 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 6988 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices approve sales to Inchon’s U.S. Wire Rod From Italy, 63 FR 40422, In determining that channel one and customers. Also, Inchon claims that 40425 (July 29, 1998). Thus, based on two sales in which Sampyo America Hyundai U.S.A. does not provide the above record, we preliminarily had a role should be treated as EP, we customer support to Inchon’s U.S. determine that Inchon’s U.S. sales of applied our three factor test described customers. In considering the third of structural steel beams, in which above. The record indicates that in all the three factors to determine whether Hyundai U.S.A. was involved in the instances Kangwon’s channel one and certain sales warrant classification as EP sales process, reported as EP sales, two sales were shipped directly from sales, we preliminarily determine that qualify as EP sales. the manufacturer to the unaffiliated U.S. the affiliated purchaser in the United We based EP on the packed, customer and that the reported U.S. States, Hyundai U.S.A., acted as a delivered, tax and duty paid price to sales were made in the customary processor of sales-related unaffiliated purchasers in the United commercial channel, thereby satisfying documentation and a communication States. We made deductions for the first two factors for EP sales. In link with the unrelated U.S. buyer and movement expenses in accordance with determining, for those U.S. sales for that its sales activities are merely section 772(c)(2)(A) of the Act; these which Kangwon has indicated that ancillary. included, where appropriate, foreign Sampyo America participated in the In examining the third factor of our inland freight from the plant to the port sales process, whether the U.S. affiliate analysis in detail to determine whether of export, foreign wharfage, acted solely as a ‘‘processor of sales- certain sales warrant classification as EP international freight, marine insurance, related documentation’’ and a sales, we note the following. First, U.S. warehousing, U.S. loading, U.S. ‘‘communication link’’ with the Inchon states that it solicits and customs duty, and U.S. wharfage. unaffiliated U.S. customer, we reviewed negotiates sales, and approves its U.S. Additionally, we added to the U.S. price the selling functions performed by sales prices and that Hyundai U.S.A. an amount for duty drawback pursuant Sampyo America and the sales process does not perform any of these functions. to section 772(c)(1)(B) of the Act. For a for these sales. Kangwon reported that Sampyo This contrasts with our analysis for further discussion of this issue, see America’s only participation in the sales Inchon in Notice of Final Determination Preliminary Analysis Memo: Inchon. negotiation process for U.S. channel one of Sales at Less Than Fair Value: Kangwon and two sales is to relay pricing Stainless Steel Sheet and Strip in Coils information and sales order information From the Republic of Korea (‘‘Stainless Kangwon identified three channels of between Kangwon and its U.S. Steel Sheet and Strip in Coil from distribution for U.S. sales. In channel customers. Kangwon maintains that all Korea’’), 64 FR 30664, 30686 (June 8, one, Kangwon sold directly to the U.S. U.S. sales are negotiated and approved 1999), where the record contained customers. In channel two, Kangwon by Kangwon’s Export Department. information that Hyundai U.S.A. had sold to the U.S. customers through its Kangwon reported that for a certain solicited sales, both with and without affiliated distributor, Sampyo percentage of sales, Kangwon rejected Inchon employees. The record in the Corporation. Additionally, for a certain the terms of an order forwarded by present case indicates that Inchon percentage of U.S. channel one and two Sampyo America. In addition to personnel, and not those of Hyundai sales, Kangwon reported that Sampyo forwarding inquiries and confirmations U.S.A., call on U.S. customers. America, a subsidiary of Kangwon, to and from the customer and Kangwon, Although Hyundai U.S.A. personnel relays pricing information and sales Kangwon stated that employees of attended meetings with U.S. customers, order information between Kangwon Sampyo America also undertook they only did so in an observational and its U.S. customers. In channel three, business trips, at the instruction and capacity and in the company of Inchon Kangwon sold directly to unaffiliated control of Kangwon and by Kangwon personnel. Thus, Hyundai U.S.A. Korean trading companies for resale of employees, to meet with Kangwon’s personnel did not solicit or negotiate subject merchandise to the United U.S. customers and provided general any sales, nor did they even States. For U.S. sales channel three, we market research information for both independently meet with Inchon’s based our calculation on EP, in subject and non-subject merchandise to customers. This contrasts with Stainless accordance with section 772(a) of the Kangwon. Consequently, because Steel Sheet and Strip in Coil from Korea, Act, because the subject merchandise Sampyo America’s function for certain where we found that Hyundai U.S.A. was sold by the producer or exporter of Kangwon’s U.S. channel one and two employees had made sales calls without directly to the first unaffiliated sales is limited to relaying pricing Inchon employees. Second, Inchon purchaser in the United States prior to information and sales order information states that it bears the credit risk if a importation, and CEP methodology was between Kangwon and its U.S. U.S. customer does not remit payment not otherwise indicated. For U.S. customers, we preliminarily determine to Hyundai U.S.A., but that, during the channel one and two sales, including that Kangwon’s U.S. sales of structural POI, there were no instances of a U.S. those for which Kangwon has reported beams, in which Sampyo America was customer not paying Hyundai U.S.A. that Sampyo America had a role in the involved in the sales process, reported This contrasts with the Stainless Steel sales process, we based our calculation as EP sales, qualify as EP sales. For a Sheet and Strip in Coil from Korea, on EP, in accordance with section 772(a) further discussion of this issue, see where the record contained specific of the Act, because the subject Analysis Memorandum: Kangwon. evidence that Hyundai U.S.A. was merchandise was sold by the producer We based EP on the packed prices to bearing the credit risk. Third, we note or exporter directly to the first unaffiliated purchasers in the United that Inchon reported post-sale unaffiliated purchaser in the United States. Where appropriate, we deducted warehousing at the U.S. port prior to States prior to importation, and CEP billing adjustments and price discounts delivery to the U.S. customer. We note methodology was not otherwise from the gross unit price. We made that warehousing is not automatically indicated. In determining that channel deductions for foreign inland freight indicative that the U.S. sales should be one and two sales in which Sampyo (plant to distribution warehouse), classified as CEP transactions. See America had a role should be treated as warehousing expense, foreign inland Notice of Final Determination of Sales EP, we applied our three factor test, freight (warehouse to port of at Less Than Fair Value: Stainless Steel described above. exportation), brokerage and handling,

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Additionally, we contributed, bad debt allowance, including interest expenses, research added to the U.S. price an amount for additional income tax, and and development expenses, U.S. duty drawback pursuant to section miscellaneous gains and losses, and packing costs (for Kangwon), direct and 772(c)(1)(B) of the Act. For a further dividing the recalculated G&A expenses indirect selling expenses, and profit. We discussion of this issue, see Analysis by cost of goods sold net of packing made adjustments to each respondent’s Memorandum: Kangwon. expenses. reported cost as indicated above in the Normal Value 3. We adjusted Kangwon’s interest COP section. In accordance with section expense ratio by adding back gain on 773(e)(2)(A) of the Act, we based selling, After testing home market viability general and administrative expenses exemption of debt and dividing the and whether home market sales were and profit on the amounts incurred and recalculated interest expense by cost of made at below-cost prices, we realized by each respondent in goods sold net of packing expenses. calculated NV as noted in the ‘‘Price-to- connection with the production and sale Price Comparisons’’ and ‘‘Price-to-CV B. Test of Home Market Sales Prices of the foreign like product in the Comparison’’ sections of this notice. ordinary course of trade, for Cost of Production (‘‘COP’’) Analysis We compared the weighted-average consumption in the foreign country. COP for each respondent, adjusted Based on the cost allegations where appropriate (see above), to home Price-to-Price Comparisons submitted by petitioners in their July 7, market sales of the foreign like product, For those product comparisons for 1999 petition, the Department found as required under section 773(b) of the which there were sales at prices above reasonable grounds to believe or suspect Act, in order to determine whether these the COP, we based NV on prices to that Inchon and Kangwon had made sales had been made at prices below the home market customers. Both Inchon sales in the home market at prices below COP. In determining whether to and Kangwon have reported sales the cost of producing the merchandise, disregard home market sales made at quantities on a theoretical weight basis in accordance with section 773(b)(1) of prices below the COP, we examined (as recorded in their internal books) and the Act. As a result, the Department whether such sales were made (1) maintain that actual weight is recorded initiated an investigation to determine within an extended period of time in for only a limited number of sales. whether Inchon and Kangwon made substantial quantities, and (2) at prices However, petitioners argue that the JIS home market sales during the POI at which permitted the recovery of all and ASTM standards vary in their level prices below their respective COPs costs within a reasonable period of time, of acceptable weight variances; thus, within the meaning of section 773(b) of in accordance with sections 773(b)(1)(A) petitioners argue that respondents have the Act. See Notice of Initiation. We and (B) of the Act. On a product-specific effectively overreported the actual conducted the COP analysis described basis, we compared the COP to home quantity of home market sales by below. market prices, less any applicable approximately 4 percent and the actual A. Calculation of COP movement charges, discounts and quantity of U.S. sales by only 2.5 rebates, other selling expenses, and, for percent, thereby distorting reported unit In accordance with section 773(b)(3) Kangwon, home market packing. prices. Consequently, petitioners have of the Act, we calculated a weighted- requested that home market prices be average COP based on the sum of each C. Results of the COP Test adjusted upwards by 1.5 percent. In the respondent’s cost of materials and Department’s supplemental fabrication for the foreign like product, Pursuant to section 773(b)(2)(C) of the questionnaires for Inchon and Kangwon plus amounts for selling, general and Act, where less than 20 percent of the (issued in January 2000), we requested administrative expenses, including respondent’s sales of a given product that respondents provide actual weights interest expenses, research and were at prices less than the COP, we did for sample sales of subject merchandise development and packing costs. We not disregard any below-cost sales of in the home market and U.S. (where relied on the COP and CV data that product because we determined available). The data provided by submitted by Inchon and Kangwon, that the below-cost sales were not made respondents indicate that there are no except as discussed below, where the in substantial quantities. Where 20 significant differences between JIS and submitted costs were not appropriately percent or more of the respondent’s ASTM actual and theoretical weights. quantified or valued. sales of a given product during the POI Therefore, we preliminarily determine We made company-specific were at prices less than the COP, we that no adjustment is warranted. adjustments to the reported COP as determined such sales to have been follows: made in substantial quantities within an Inchon extended period of time, in accordance We calculated NV based on prices to Inchon with section 773(b)(2)(B) of the Act. unaffiliated home market customers. We 1. We adjusted Inchon’s general and Because we compared prices to POI or made a deduction for inland freight administrative expense ratio to include fiscal year average costs, we also from the plant to the customer. We or exclude, as appropriate, certain non- determined that such sales were not made billing adjustments, where operating items. made at prices which would permit appropriate. We made circumstance-of- recovery of all costs within a reasonable sale (‘‘COS’’) adjustments based on Kangwon period of time, in accordance with differences in direct selling expenses 1. We adjusted Kangwon’s reported section 773(b)(2)(D) of the Act. (i.e., credit, warranty expense, and cost of scrap purchased from affiliated Therefore, we disregarded the below- interest revenue) incurred on U.S. and suppliers to account for the differences cost sales. home market sales, where appropriate.

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Where appropriate, we deducted from direct selling expenses and adding U.S. service, and credit risk. Because there NV the amount of home market indirect direct selling expenses. are no differences between the selling selling expenses capped by the amount functions on sales made to either Level of Trade of the U.S. commissions. Normally, we unaffiliated distributors or affiliated and deduct home market packing costs and In accordance with section unaffiliated end-users in the home add U.S. packing costs, in accordance 773(a)(1)(B) of the Act, to the extent market, sales to both of these customer with section 773(a)(6); however, in the practicable, we determine NV based on categories represent a similar stage of instant case, we did not deduct home sales in the comparison market at the marketing. Therefore, we preliminarily market packing costs nor add U.S. same level of trade (‘‘LOT’’) as the EP or conclude that sales to unaffiliated packing costs because Inchon has stated CEP transaction. The NV LOT is that of distributors and affiliated and that there is no difference between its the starting-price sales in the unaffiliated end-users constitute one home market and U.S. packing costs, comparison market or, when NV is LOT in the home market. and has included packing costs in its based on CV, that of the sales from For its EP sales in the U.S. market, COP. which we derive selling, general and Inchon reported three sales channels: (1) administrative (‘‘SG&A’’) expenses and Channel one—Inchon sales through Kangwon profit. For EP, the LOT is also the level Hyundai Corporation, Inchon’s affiliated We calculated NV for comparison to of the starting price sale, which is trading company, to Hyundai U.S.A., a EP sales based on prices to unaffiliated usually from the exporter to the wholly owned subsidiary of Hyundai importer. For CEP, it is the level of the home market customers. We made a Corporation located in the United States constructed sale from the exporter to the deduction for inland freight-plant to and an affiliate of Inchon, and finally, importer. to an unaffiliated customer; (2) channel distribution warehouse, warehousing To determine whether NV sales are at expense, inland freight-warehouse to two—Inchon sales through Hyundai a different LOT than EP or CEP sales, we Corporation, to an unaffiliated customer. In its questionnaire examine stages in the marketing process responses, Kangwon reported that customer; and (3) channel three— and selling functions along the chain of Inchon sales to an unaffiliated trading Kangwon pays Sampyo America a set distribution between the producer and per metric ton fee for all sales by company. Inchon’s U.S. customers for the unaffiliated customer. If the all three sales channels are trading Kangwon through U.S. sales channels comparison market sales are at a one and two regardless of the extent to companies and distributors. We different LOT, and the difference affects examined the selling functions which Sampyo America was involved in price comparability, as manifested in a performed for each of the three U.S. relaying sales information for these pattern of consistent price differences sales channels. These selling functions sales, up to a set amount. Petitioners between the sales on which NV is based included warranty service, freight and have argued that since the fees received and comparison-market sales at the LOT delivery arrangements, credit services, by Sampyo America vary with sales of the export transaction, we make an and post-sale warehousing. With the levels, the Department should treat the LOT adjustment under section exception of post-sale warehousing for fees as a direct selling expense. We note 773(a)(7)(A) of the Act. Finally, for CEP certain sales in channel one, selling that the fees in question constitute a sales, if the NV level is more remote functions performed in the three sales type of commission paid by Kangwon to from the factory than the CEP level and channels were the same. Thus, sales to Sampyo America. The Department’s there is no basis for determining these customer categories represent a questionnaire specifically instructs whether the differences in the levels similar stage of marketing. Therefore, respondent not to ‘‘report commissions between NV and CEP sales affects price we preliminarily determine that Inchon paid to affiliated selling agents unless comparability, we adjust NV under provided a sufficiently similar degree of there is a compelling reason that you section 773(A)(7)(B) of the Act (the CEP services on sales to all three channels of cannot report an affiliated agent’s actual offset provision). See Notice of Final distribution, and that the sales made to expenses.’’ See Department’s August 30, Determination of Sales at Less Than the United States constitute one LOT. 1999 Questionnaire at page C–28. In this Fair Value: Certain Carbon Steel Plate Further, we preliminarily conclude case, Kangwon has reported these fees from South Africa, 62 FR 61731 that because the U.S. LOT and the home in its calculation of indirect selling (November 19, 1997). market LOT included similar selling expenses incurred in the United States. In the present review, none of the functions, these sales are made at the Therefore, we preliminarily determine respondents requested a LOT same LOT. Therefore, a LOT adjustment that no COS adjustment is appropriate adjustment. To ensure that no such for Inchon is not appropriate. for the fees in question. We made a COS adjustment was necessary, in Kangwon adjustment based on differences in accordance with the principles direct selling expenses (i.e., credit) discussed above, we examined Kangwon did not claim a LOT incurred on U.S. and home market sales, information regarding the distribution adjustment. Kangwon identified two where appropriate. In accordance with systems in both the United States and channels of distribution in the home section 773(a)(6), we deducted home Korean markets, including the selling market: (1) Sales made by Kangwon market packing costs and added U.S. functions, classes of customer, and directly to its customers; and (2) sales packing costs. selling expenses for each respondent. made by Kangwon through Sampyo Price-to-CV Comparisons Corporation, to customers. Both Inchon Kangwon and Sampyo Corporation In accordance with section 773(a)(4) In the home market, Inchon reported made sales to affiliated and unaffiliated of the Act, we based NV on CV if we two sales channels: (1) To unaffiliated industrial end-users and distributors. In were unable to find a home market distributors; and (2) to affiliated and addition, Kangwon made a limited match of the foreign like product. We unaffiliated end-users. We examined the quantity of sales to government entities. made adjustments to CV in accordance selling functions performed for both For both reported channels, Kangwon with section 773(a)(8) of the Act. For channels. These selling functions maintains that the sales process and comparisons to EP, we made COS included inventory maintenance, freight selling functions performed by adjustments by deducting home market and delivery arrangements, warranty Kangwon are identical. Moreover,

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Kangwon explained that the only discussion, see Analysis Memorandum: posting of a bond equal to the weighted- differences between Kangwon’s sales to Kangwon. average amount by which the NV government end-users and its sales to exceeds the export price, as indicated in Currency Conversion end-users and distributors are that most the chart below. These suspension-of- sales to the latter are made through We made currency conversions into liquidation instructions will remain in Sampyo Corporation and that different U.S. dollars based on the exchange rates effect until further notice. The terms of sale and terms of delivery are in effect on the dates of the U.S. sales weighted-average dumping margins are offered to government entities. We as certified by the Federal Reserve Bank. as follows: reviewed the selling functions and Section 773A(a) of the Act directs the services performed by either Kangwon Department to use a daily exchange rate Weighted or Sampyo Corporation and in order to convert foreign currencies Exporter/manufacturer average into U.S. dollars unless the daily rate margin preliminarily determined that for both (percent) channels of distribution and all classes involves a fluctuation. It is the of customer, the selling functions and Department’s practice to find that a Inchon ...... 14.95 services offered are similar. See fluctuation exists when the daily Kangwon ...... 47.55 Analysis Memorandum: Kangwon. exchange rate differs from the All-Others ...... 30.30 Consequently, because channels of benchmark rate by 2.25 percent. The distribution do not qualify as separate benchmark is defined as the moving ITC Notification average of rates for the past 40 business LOTs when the selling functions In accordance with section 733(f) of days. When we determine a fluctuation performed for each customer class are the Act, we are notifying the ITC of our to have existed, we substitute the sufficiently similar, we preliminarily determination. If our final benchmark rate for the daily rate, in determine that there exists one LOT for determination is affirmative, the ITC accordance with established practice. Kangwon’s home market sales. will determine before the later of 120 Further, section 773A(b) of the Act Kangwon identified three channels of days after the date of this preliminary directs the Department to allow a 60-day distribution in the U.S. market: (1) Sales determination or 45 days after our final adjustment period when a currency has made by Kangwon directly to U.S. determination whether these imports undergone a sustained movement. A distributors; (2) sales made by Kangwon are materially injuring, or threaten sustained movement has occurred when to U.S. distributors through Sampyo material injury to, the U.S. industry. Corporation; and (3) sales made by the weekly average of actual daily rates Kangwon to unaffiliated Korean trading exceeds the weekly average of Public Comment companies for shipment to the United benchmark rates by more than five Case briefs or other written comments States. In addition, Kangwon reported percent for eight consecutive weeks. in at least ten copies must be submitted that its U.S.-based subsidiary, Sampyo (For an explanation of this method, see to the Assistant Secretary for Import America, was involved in the sales Policy Bulletin 96–1: Currency Administration no later than 50 days process for certain U.S. channel one and Conversions (61 FR 9434, March 8, after the publication of the preliminary two sales. However, pursuant to our 1996).) determination, and rebuttal briefs, analysis above, such sales were treated Verification limited to issues raised in case briefs, no as EP sales. Kangwon claimed one LOT As provided in section 782(i) of the later than 55 days after the publication in the U.S. market. The Department Act, we will verify all information relied of the preliminary determination. A list examined the claimed selling functions upon in making our final determination. of authorities used and an executive performed by Kangwon, Sampyo summary of issues should accompany Corporation, and Sampyo America for The All-Others Rate any briefs submitted to the Department. all U.S. sales. These selling functions Section 735(c)(5) of the Act provides Such summary should be limited to five included warranty, freight and delivery that the estimated all-others rate is the pages total, including footnotes. In arrangements, and invoicing customers. amount equal to the weighted average of accordance with section 774 of the Act, Based on our analysis of the chains of the estimated weighted average we will hold a public hearing, if distribution and selling functions dumping margins established for requested, to afford interested parties an performed for sales in the home market exporters and producers individually opportunity to comment on arguments and EP sales in the U.S. market, we investigated, excluding any zero and de raised in case or rebuttal briefs. preliminarily find that EP sales to all minimis margins, and any margins Tentatively, the hearing will be held 57 three channels of distribution are made determined entirely under section 776 days after the publication of the at the same stage in the marketing of the Act. Therefore, for this preliminary determination, time and process and involve identical selling preliminary determination, we have room to be determined, at the U.S. functions. Therefore, we preliminarily calculated the all-other rate based on the Department of Commerce, 14th Street determine that Kangwon, Sampyo weighted average of the estimated and Constitution Avenue, N.W., Corporation, and Sampyo America weighted average dumping margins for Washington, D.C. 20230. Parties should provided a sufficiently similar degree of both Kangwon and Inchon. confirm by telephone the time, date, and services on sales to all three channels of place of the hearing 48 hours before the distribution, and that the sales made to Suspension of Liquidation scheduled time. the United States constitute one LOT. In accordance with section 733(d) of Interested parties who wish to request Based on a comparison of the selling the Act, we are directing the Customs a hearing, or to participate if one is activities performed in the U.S. market Service to suspend liquidation of all requested, must submit a written to the selling activities in the home imports of subject merchandise that are request to the Assistant Secretary for market, we preliminarily determine that entered, or withdrawn from warehouse, Import Administration, U.S. Department there is not a significant difference in for consumption on or after the date of of Commerce, Room 1870, within 30 the selling functions performed in both publication of this notice in the Federal days of the publication of this notice. markets, and thus, a LOT adjustment is Register. We will instruct the Customs Requests should contain: (1) the party’s not appropriate. For a further Service to require a cash deposit or the name, address, and telephone number;

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(2) the number of participants; and (3) Corporation (‘‘NSC’’); Kawasaki Steel standard beams, H piles and other a list of the issues to be discussed. Oral Corporation (‘‘Kawasaki’’); NKK doubly-symmetric shapes. presentations will be limited to issues Corporation (‘‘NKK’’); Sumitomo Metals On August 23, 1999, the United States raised in the briefs. Industries, Ltd. (‘‘Sumitomo’’); Toa Steel International Trade Commission (‘‘ITC’’) We will make our final determination Co., Ltd. (‘‘Toa’’); Tokyo Steel notified the Department of its no later than 135 days after the date of Manufacturing Co., Ltd. (‘‘Tokyo Steel’’) affirmative preliminary injury publication in the Federal Register of and Topy Industries, Limited (‘‘Topy’’). determination on imports of subject our preliminary determination. However, the Department is not merchandise from Japan and South This determination is issued and assigning a margin to Yamato Kogyo Co. Korea and its negative injury published in accordance with sections Ltd. See Case History section. determination on imports of subject 733(d) and 777(i)(1) of the Act. merchandise from Germany and Spain. Case History On August 31, 1999, noting the ITC’s Dated: February 2, 2000. On August 3, 1999, the Department negative injury determination Holly A. Kuga, initiated antidumping duty concerning Germany, petitioners Acting Assistant Secretary for Import investigations of imports of structural submitted a letter stating that a scope Administration. steel beams from Germany, Japan, South exclusion of forklift truck mast-section [FR Doc. 00–3260 Filed 2–10–00; 8:45 am] Korea, and Spain (Notice of Initiation of non-standard I-beams was no longer BILLING CODE 3510±DS±P Antidumping Investigations: Structural necessary as those products were Steel Beams from Germany, Japan, imported from Germany. Additionally, South Korea, and Spain (64 FR 42084 on September 1, 1999, the ITC DEPARTMENT OF COMMERCE (August 3, 1999)). Since the initiation of published its preliminary determination this investigation the following events International Trade Administration that there is a reasonable indication that have occurred. an industry in the United States is being [A±588±852] The Department set aside a period for threatened with material injured by all interested parties to raise issues reason of imports of the subject Notice of Preliminary Determination of regarding product coverage. On August merchandise from Japan (64 FR 47866). Sales at Less Than Fair Value: 8, 1999, Northwestern Steel & Wire On August 2, 1999, the Department Structural Steel Beams From Japan Company, Nucor-Yamato Steel issued Section A of its antidumping Company, TXI-Chaparral Steel Co., and AGENCY: Import Administration, duty questionnaire to NSC, Kawasaki, the United Steelworkers of America NKK, Sumitomo, Toa, Tokyo Steel, International Trade Administration, AFL–CIO) (‘‘petitioners’’) submitted Department of Commerce. Topy, and Yamato Kogyo Co. Ltd. comments to the Department that (‘‘Yamato’’). On August 11, 1999, the EFFECTIVE DATE: February 11, 2000. proposed model match criteria. Department received NKK and Toa’s FOR FURTHER INFORMATION CONTACT: Petitioners stated that they provided the joint response to Question 1 of Section Juanita Chen or Robert Bolling, Import factors (i.e., shape, size, grade yield A. This response stated that Toa is a Administration, International Trade strength, weight, dimension and subsidiary company of NKK now under Administration, U.S. Department of processing) upon which price liquidation, and that Toa did not make Commerce, 14th Street and Constitution distinctions in the foreign market any sales of the subject merchandise Avenue, NW, Washington DC 20230; should be based because they reflect the during the POI.1 On August 12, 1999, telephone (202) 482–0409 and (202) physical differences of the products. the Department received Sumitomo’s 482–3434, respectively. The petitioners stated that they listed response to Question 1 of Section A. On these products in general order of The Applicable Statute and Regulations August 13 and 19, 1999, the Department importance. Also, on August 17, 1999, received Tokyo Steel’s response to Unless otherwise indicated, all petitioners submitted comments to the Question 1 of Section A. Topy citations to the statute are references to Department requesting that the scope submitted its response to Question 1 of the provisions effective January 1, 1995, exclude certain forklift truck mast- Section A on August 16 and 20, 1999. the effective date of the amendments section non-standard I-beams. Yamato submitted its response to made to the Tariff Act of 1930 (the Act) On August 13, 1999, petitioners Question 1 of Section A on August 16, by the Uruguay Round Agreements Act revised their proposed model matching 1999, in which Yamato stated that it did criteria for Japanese products. In this (URAA). In addition, unless otherwise not make any sales of subject letter, petitioners provided information indicated, all citations to the merchandise to the United States during purporting to demonstrate that, based Department of Commerce the POI. On August 18, 1999, NSC on yield strength, the new home market (‘‘Department’’) regulations are to the informed the Department that it will not grades of the subject merchandise are a regulations at 19 CFR part 351 (April be participating in the Structural Steel more appropriate match to the products 1998). Beams investigation. On August 20, being sold in the United States than the 1999, Kawasaki informed the Preliminary Determination grades identified in the petition. Department that it will not be We preliminarily determine that Further, on August 25, 1999, petitioners participating in the Structural Steel Structural Steel Beams (‘‘Structurals’’) submitted comments to the Beams investigation. On August 24, from Japan are being, or are likely to be, Department’s draft model match 1999, NKK informed the Department sold in the United States at less than fair characteristics. First, petitioners stated that it will not be participating in the value (‘‘LTFV’’), as provided in section that the Department should include a Structural Steel Beams investigation. On 733 of the Act. The estimated margins classification for ‘‘Other Doubly- August 30, 1999, the Department of sales at LTFV are shown in the Symmetric Shapes (i.e., Special informed Yamato that it will not be part ‘‘Suspension of Liquidation’’ section of Sections)’’ at the end of the depth of the investigation because it did not this notice. For all the following section category. Second, petitioners companies, the Department has used stated that the Department should 1 Based on this information, the Department adverse facts available for their match beam types in the following considers NKK and Toa to be a single entity and estimated margin: Nippon Steel order: M beams, wide flange beams, will instruct Customs to treat them as such.

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On Section 776(a)(2) of the Act provides the Department returned both Tokyo November 5, 1999, Tokyo Steel that, if an interested party: (A) Steel and Topy’s Section A response submitted a letter stating that the Withholds information that has been because both companies failed to petitioners’ letter of October 27th requested by the Department; (B) fails to correctly submit their respective Section maligns the company and Tokyo Steel provide such information in a timely A responses in accordance with the had, to the best of its ability, responded manner or in the form or manner Department’s regulations. On September honestly to the Department’s requested; (C) significantly impedes a 10, 1999, Tokyo Steel resubmitted its questionnaire. Further, on November 12, proceeding under the antidumping Section A response. Topy resubmitted 1999, petitioners submitted a letter statute; or (D) provides such information its Section A response on September 13, similar to its August 13th letter but the information cannot be verified, 1999. On September 14, 1999, we providing more appropriate price-to- the Department shall use facts otherwise provided additional instructions and available in reaching the applicable filing procedures to both Tokyo Steel price dumping margin comparisons for determination. and Topy. Additionally, on September certain NSC Japanese products. In this case, NSC, Kawasaki, NKK, 14th, we sent a letter to Tokyo Steel Moreover, on January 14, 2000, and Sumitomo indicated that they informing it that all submissions must petitioners submitted a letter providing would not participate in the be served to APO parties. Petitioners reasons why its revised price-to-price Department’s investigation and did not requested on September 15, 1999 that margins are an appropriate basis for provide the Department with the Department reject Tokyo Steel’s facts available. information requested and needed to Section A response because of non- Scope of Investigation calculate a dumping margin. Therefore, conformity with the Department’s we determine that NSC, Kawasaki, regulations. Also, on September 15, For purposes of this investigation, the NKK/Toa, and Sumitomo withheld 1999, Sumitomo informed the products covered are doubly-symmetric information requested by the Department that it will not be shapes, whether hot-or cold-rolled, participating in the Structural Steel Department. Accordingly, the drawn, extruded, formed or finished, Department finds it necessary to use the Beams investigation. On September 21, having at least one dimension of at least 1999, petitioners filed comments on facts otherwise available for these 80 mm (3.2 inches or more), whether of respondents in accordance with section Tokyo Steel and Topy’s Section A carbon or alloy (other than stainless) questionnaire response. OnSeptember 776(a)(2)(A) of the Act. steel, and whether or not drilled, With respect to Tokyo Steel and Topy, 30, 1999, we issued supplemental punched, notched, painted, coated, or Section A questionnaires to Tokyo Steel both companies responded to Section A clad. These products (‘‘Structural Steel of the Department’s questionnaire. and Topy. Additionally, on September Beams’’) include, but are not limited to, 30th, we provided further explanation However, both companies failed to wide-flange beams (‘‘W’’ shapes), completely respond to Sections B–D of to Tokyo Steel on the Department’s bearing piles (‘‘HP’’ shapes), standard filing procedures. the Department’s questionnaire. On beams (‘‘S’’ or ‘‘I’’ shapes), and M- On October 7, 1999, Tokyo Steel October 7th, Tokyo Steel informed the informed the Department by fax that it shapes. Department it was not possible to was not possible to provide all of the All products that meet the physical provide all of the requested data for data requested in Sections B-E of the and metallurgical descriptions provided sections B–E of the questionnaire due to questionnaire due to its voluminous above are within the scope of this the voluminous nature of the request. nature. We received Tokyo Steel and investigation unless otherwise On October 15, 1999 and October 20, Topy’s supplemental Section A excluded. The following products, are 1999, the Department extended the questionnaire responses on October 14, outside and/or specifically excluded deadline for submitting sections B–E of 1999. On October 15, 1999, we extended from the scope of this investigation: its questionnaire for both Tokyo Steel and Topy, respectively. In this letter, Tokyo Steel’s deadline for submitting its • Structural steel beams greater than pursuant to section 782(d) of the Act, Sections B-E responses from October 7, 400 pounds per linear foot or with a because incomplete responses are 1999 to October 22, 1999. On October web or section height (also known as considered deficient, the Department 20, 1999, we extended Topy’s deadline depth) over 40 inches. for submitting its Sections B-E warned respondents that such responses responses from October 7, 1999 to The merchandise subject to this could result in use of the facts available. October 27, 1999. Petitioners stated on investigation is classified in the On October 22, 1999, the Department October 20, 1999 that should Tokyo Harmonized Tariff Schedule of the received Tokyo Steel’s response to Steel and Topy fail to respond to the United States (‘‘HTSUS’’) at Sections B, C, and D of the Department’s questionnaire in its subheadings: 7216.32.0000, questionnaire. However, in that entirety and by the extended deadlines, 7216.33.0030, 7216.33.0060, response Tokyo Steel stated that due to the Department should cease granting 7216.33.0090, 7216.50.0000, the voluminous nature of the requested leniency and apply adverse fact 7216.61.0000, 7216.69.0000, data it could not provide the available. On October 22, 1999, the 7216.91.0000, 7216.99.0000, Department with all the requested data Department received Tokyo Steel’s 7228.70.3040, 7228.70.6000. Although and instead provided the Department responses to Sections B, C, and D of the the HTSUS subheadings are provided with only selected information. questionnaire. However, within the for convenience and Customs purposes, Therefore, the Department determines response Tokyo Steel again stated that it the written description of the that Tokyo Steel failed to provide the was impossible to provide the merchandise under investigation is necessary information in the form or Department with all of the requested dispositive. manner requested. Because the

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Department is lacking complete that Tokyo Steel and Topy failed to act such evidence may include, for information, we find it necessary to use to the best of their abilities to comply example, published price lists, official the facts otherwise available for Tokyo with the Department’s requests for import statistics and customs data, and Steel in accordance with section information under section 776(b) of the information obtained from interested 776(a)(2)(B) of the Act. Act. Thus, the Department has parties during the particular Lastly, with respect to Topy, on determined that, in selecting among the investigation (see SAA at 870). October 20, 1999, the Department facts otherwise available, an adverse We reviewed the adequacy and extended Topy’s deadline for submitting inference is warranted for these accuracy of the information in the its Sections B–D responses to October companies as well. petition during our pre-initiation 27, 1999. However, Topy completely Section 776(b) states that an adverse analysis of the petition, to the extent failed to respond to these sections of the inference may include reliance on appropriate information was available questionnaire. Consequently, the information derived from the petition or for this purpose. See Import Department finds Topy withheld any other information placed on the Administration Antidumping Duty requested information and that it is record. See also SAA at 829–831. As (‘‘AD’’) Investigation Initiation Checklist necessary to use the facts otherwise adverse facts become available, the (July 27, 1999), for a discussion of the available in making its determination in Department is assigning to NSC, margin calculations in the petition. In accordance with section 776(a)(2)(A) of Kawasaki, NKK/Toa, Sumitomo, Tokyo addition, in order to determine the the Act. Steel, and Topy a dumping margin of probative value of the margins in the In selecting from among the facts 65.21 percent, which represents the petition in accordance with section otherwise available, section 776(b) of highest margin calculated from the 776(c) of the Act, we examined the key the Act provides that adverse inferences information placed on the record by elements of the export price (‘‘EP’’) and may be used when a party has failed to petitioners on August 13, 1999 and normal value (‘‘NV’’) calculations on cooperate by not acting to the best of its November 12, 1999. As explained in which the margins in the petition were ability to comply with the Department’s detail in the ‘‘Corroboration’’ section based. Our review of the EP and NV requests for information. See also below, we are using this information calculations indicated that the Statement of Administrative Action because it is a refinement of information information in the petition has accompanying the URAA, H.R. Rep. No. in the petition in that it represents the probative value, as certain information 103–316, Vol. I, at 870 (1994) (‘‘SAA’’). best price-to-price comparison on the included in the margin calculations in In this case, NSC, Kawasaki, NKK, and record. Further, the Department the petition are from public sources Sumitomo completely failed to respond determines that use of this margin concurrent, for the most part, with the to the Department’s questionnaires. accomplishes the statute’s aim of POI (e.g., interest rates, port fees, and Further, the companies indicated that encouraging participation. As the SAA customs duties). they would not participate in the provides, where a party has not In addition, shortly after the initiation Department’s investigation. Because of cooperated in a proceeding: of the investigation, on August 13, 1999, the companies’ complete lack of and again on November 12, 1999, the participation in this investigation, we Commerce * * * may employ adverse petitioners provided the Department find that the companies failed to inferences about the missing information to with additional information for the cooperate to the best of their abilities. ensure that the party does not obtain a more Department’s use in potential adverse favorable result by failing to cooperate than Accordingly, when selecting among the if it had cooperated fully. In employing facts available situations. Specifically, facts available, we find that the use of adverse inferences, one factor the agencies in the August 13th information an adverse inference is warranted in will consider is the extent to which a party petitioners provided a more recent price accordance with section 776(b) of the may benefit from its own lack of cooperation. list than the one found in the petition Act. SAA at 870. (i.e., April 1999 versus December 1998). With respect to Tokyo Steel and Topy In this case, information representing This new price list provided home while the companies did respond to the a better price-to-price comparison that market grades (i.e., SM490A and Department’s section A questionnaires was submitted by petitioners during the SM490B) that they contend are more and supplemental section A proceeding demonstrates that the appropriate matches for the U.S. grade questionnaires, neither company dumping margins estimated in the (i.e., A572–50) found in the petition. responded satisfactorily to the petition may be lower than in actual Petitioners stated that the Department’s Sections B–E practice. Therefore, use of petitioners’ aforementioned home market grades are questionnaires. Although Tokyo Steel updated information, which results in a a more comparable match because both did submit a response to Sections B–E, higher dumping margin, will ensure that the home market and U.S. products on October 22, 1999, that response was parties do not obtain a more favorable have yield strengths that are more highly incomplete despite Tokyo Steel’s result by failing to cooperate in this similar to each other than the home being granted an extension and warned investigation. market and U.S. grades compared in the that the Department required a complete Section 776(c) of the Act provides petition. Thus, petitioners believed that response. Tokyo Steel informed the that, when the Department relies on the new comparisons better reflect the Department that it was not possible to secondary information (which includes Department’s model matching criteria. respond to its questionnaire due to the information from the petition) in using After reviewing petitioners’ new voluminous nature of the requested the facts otherwise available, it must, to information, the Department agrees that data, but offered no further explanation the extent practicable, corroborate that it represents the best match and for its failure to provide complete data information from independent sources therefore the best price-to-price in light of the Department’s enlargement that are reasonably at its disposal. comparison currently on the record of time for Tokyo Steel’s response. The SAA clarifies that ‘‘corroborate’’ because it bases the prices used for the Further, Topy did not respond to means that the Department will satisfy comparison on products with Sections B–E of the Department’s itself that the secondary information to characteristics that best reflect the questionnaire at all, nor did it provide be used as probative value (see SAA at Department’s model match criteria. any reason for its failure to respond. In 870). The SAA also states that Furthermore, the Department finds that light of these facts, the Department finds independent sources used to corroborate the public price lists on the record do,

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 6995 in fact, corroborate the prices of the new Register. We will instruct the Customs Import Administration, U.S. Department home market grades presented by Service to require a cash deposit or the of Commerce, Room 1870, within 30 petitioners. posting of a bond equal to the weighted- days of the publication of this notice. With respect to certain other data average dumping margin indicated in Requests should contain: (1) The party’s included in the margin calculations of the chart below. These suspension-of- name, address, and telephone number; the petition (e.g., inland freight), neither liquidation instructions will remain in (2) the number of participants; and (3) respondents nor other interested parties effect until further notice. The a list of the issues to be discussed. Oral provided the Department with further weighted-average dumping margins are presentations will be limited to issues relevant information and the as follows: raised in the briefs. If this investigation Department is aware of no other proceeds normally, we will make our independent sources of information that Weighted- final determination no later than 75 would enable it to further corroborate average days after this preliminary the remaining components of the margin Exporter/manufacturer margin (percent- determination. calculation in the petition. The age) This determination is issued and implementing regulation for section 776 published in accordance with sections of the Act, at 19 CFR 351.308(c), states Kawasaki Steel Corporation ...... 65.21 733(d) and 777(i)(1) of the Act. ‘‘[t]he fact that corroboration may not be Nippon Steel Corporation ...... 65.21 practicable in a given circumstance will NKK Corporation/Toa Steel Co., Dated: February 2, 2000. not prevent the Secretary from applying Ltd...... 65.21 Holly A. Kuga, an adverse inference as appropriate and Sumitomo Metals Industries, Ltd. 65.21 Acting Assistant Secretary for Import using the secondary information in Tokyo Steel Manufacturing Co., Administration. Ltd...... 65.21 [FR Doc. 00–3261 Filed 2–10–00; 8:45 am] question.’’ Additionally, we note that Topy Industries, Limited ...... 65.21 the SAA at 870 specifically states that, All Others ...... 31.98 BILLING CODE 3510±DS±P where ‘‘corroboration may not be practicable in a given circumstance,’’ ITC Notification the Department may nevertheless apply DEPARTMENT OF COMMERCE an adverse inference. Accordingly, we In accordance with section 733(f) of find, for purposes of this preliminary the Act, we have notified the ITC of our International Trade Administration determination, that the information determination. If our final University of Hawaii; Notice of used is sufficiently corroborated. determination is affirmative, the ITC will determine before the later of 120 Decision on Application for Duty-Free All Others days after the date of this preliminary Entry of Scientific Instrument determination, or 45 days after our final Section 735(c)(5)(B) of the Act This decision is made pursuant to determination, whether these imports provides that, where the estimated Section 6(c) of the Educational, are materially injuring, or threaten weighted-average dumping margins Scientific, and Cultural Materials material injury to, the U.S. industry. established for all exporters and Importation Act of 1966 (Pub. L. 89– producers individually investigated are Public Comment 651, 80 Stat. 897; 15 CFR part 301). zero or de minimis or are determined Related records can be viewed between entirely under section 776 of the Act, Case briefs or other written comments may be submitted to the Assistant 8:30 a.m. and 5 p.m. in Room 4211, U.S. the Department may use any reasonable Department of Commerce, 14th and method to establish the estimated all- Secretary for Import Administration no later than fifty days after the date of Constitution Avenue, NW, Washington, others rate for exporters and producers DC. not individually investigated. Our publication of this notice, and rebuttal recent practice under these briefs, limited to issues raised in case Docket Number: 99–027. Applicant: circumstances has been assign, as the briefs, no later than fifty-five days after University of Hawaii, Honolulu, HI ‘‘all others’’ rate, the simple average of publication of this notice. A list of 96822. Instrument: Low-Level Beta the margins in the petition. See Notice authorities used and an executive Counter, Model GM–25–5. of Final Determination of Sales at Less summary of issues should accompany Manufacturer: Riso National Laboratory, Than Fair Value: Stainless Steel Plate in any briefs submitted to the Department. Denmark. Intended Use: See notice at 64 Coil from Canada, 64 FR 15457 (March Such summary should be limited to five FR 63788. November 22, 1999. 31, 1999); Notice of Final Determination pages total, including footnotes. In Comments: None received. Decision: of Sales at Less Than Fair Value: accordance with section 774 of the Act, Approved. No instrument of equivalent Stainless Steel Plate in Coil from Italy, we will hold a public hearing, if scientific value to the foreign 64 FR 15458, 15459 (March 21, 1999). requested, to afford interested parties an instrument, for such purposes as it is We are basing the ‘‘all others’’ rate on opportunity to comment on arguments intended to be used, is being the simple average of margins in the raised in case or rebuttal briefs. manufactured in the United States. petition and information placed on the Tentatively, the hearing will be held Reasons: The foreign instrument record by petitioners on August 13, fifty-seven days after publication of this provides: (1) Robust design and 1999 and November 12, 1999, which is notice, time and room to be determined, portability for shipboard operation, (2) 31.98 percent. at the U.S. Department of Commerce, one-inch detector windows and (3) a 14th Street and Constitution Avenue, background of 0.178± 0.003 counts per Suspension of Liquidation N.W., Washington, D.C. 20230. Parties minute. Woods Hole Oceanographic In accordance with section 733(d) of should confirm by telephone the time, Institution advised January 28, 2000 that the Act, we are directing the Customs date, and place of the hearing 48 hours (1) these capabilities are pertinent to the Service to suspend liquidation of all before the scheduled time. applicant’s intended purpose and (2) it imports of subject merchandise that are Interested parties who wish to request knows of no domestic instrument or entered, or withdrawn from warehouse, a hearing, or to participate if one is apparatus of equivalent scientific value for consumption on or after the date of requested, must submit a written to the foreign instrument for the publication of this notice in the Federal request to the Assistant Secretary for applicant’s intended use.

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We know of no other instrument or DEPARTMENT OF COMMERCE Act, provided the public has been apparatus of equivalent scientific value notified of the Council’s intent to take to the foreign instrument which is being National Oceanic and Atmospheric action to address the emergency. manufactured in the United States. Administration Special Accommodations [I.D. 020400A] Frank W. Creel, This meeting is physically accessible Director, Statutory Import Programs Staff. Gulf of Mexico Fishery Management to people with disabilities. Requests for [FR Doc. 00–3262 Filed 2–10–00; 8:45 am] Council; Public Meeting sign language interpretation or other BILLING CODE 3510±DS±P auxiliary aids should be directed to AGENCY: National Marine Fisheries Anne Alford at the Council (see Service (NMFS), National Oceanic and ADDRESSES) by February 22, 2000. DEPARTMENT OF COMMERCE Atmospheric Administration (NOAA), Dated: February 7, 2000. Commerce. International Trade Administration Bruce C. Morehead, ACTION: Notice of public meeting. Acting Director, Office of Sustainable University of Florida; Notice of SUMMARY: The Gulf of Mexico Fishery Fisheries, National Marine Fisheries Service. Decision on Application for Duty-Free Management Council will convene a [FR Doc. 00–3286 Filed 2–10–00; 8:45 am] Entry of Scientific Instrument public meeting of the Ad Hoc Charter BILLING CODE 3510±22±F This decision is made pursuant to Vessel/Headboat Advisory Panel (AP). Section 6(c) of the Educational, DATES: The AP meeting is scheduled to DEPARTMENT OF COMMERCE Scientific, and Cultural Materials begin at 8:00 a.m. on February 28, 2000 Importation Act of 1966 (Pub. L. 89– and will conclude by 4:00 p.m. on National Oceanic and Atmospheric 651, 80 Stat. 897; 15 CFR part 301). February 29, 2000. Administration Related records can be viewed between ADDRESSES: The AP meeting will be 8:30 a.m. and 5:00 p.m. in Room 4211, held at the Radisson Riverwalk Hotel [I.D. 020400B] U.S. Department of Commerce, 14th and Tampa, 200 North Ashley Drive, Tampa, Pacific Fishery Management Council; Constitution Avenue, NW, Washington, FL 33602; telephone: 813–223–2222. Public Meetings DC. Council address: Gulf of Mexico Docket Number: 99–029. Applicant: Fishery Management Council, 3018 U.S. AGENCY: National Marine Fisheries University of Florida, Gainesville, FL Highway 301 North, Suite 1000, Tampa, Service (NMFS), National Oceanic and 32611–6200. Instrument: Fiber Raman FL 33619. Atmospheric Administration (NOAA), Laser, Model FRL–1480–600. FOR FURTHER INFORMATION CONTACT: Mr. Commerce. Manufacturer: IP Fibre Devices Ltd., Wayne Swingle, Executive Director,; ACTION: Notice of public meetings. United Kingdom. Intended Use: See telephone: 813–228–2815. notice at 64 FR 70213, December 16, SUMMARY: The Pacific Fishery SUPPLEMENTARY INFORMATION: 1999. The Gulf Management Council (Council) and its Comments: None received. Decision: of Mexico Fishery Management Council advisory entities will hold public Approved. No instrument of equivalent (Council) deferred taking action on a meetings. Draft Amendment for a Charter Vessel/ scientific value to the foreign DATES: The Council and its advisory instrument, for such purposes as it is Headboat Permit Moratorium (Amendment) at its January 18–21, 2000 entities will meet March 6–10, 2000. intended to be used, is being The Council meeting will begin on manufactured in the United States. meeting. Instead the Council has asked the AP to develop an industry proposal Tuesday, March 7, at 8 a.m., Reasons: The foreign instrument reconvening each day through Friday. provides: (1) High power output in the for revision of the current Federal permit system for charter vessels and All meetings are open to the public, 300–600 mW range, (2) continuous except a closed session will be held working operation, (3) single mode headboats engaged in reef fish and coastal migratory pelagics fisheries in from 8 a.m. until 8:30 a.m. on output and (4) frequency output in the Wednesday, March 8 to address 1483–1484.5 nm range with an emission the Gulf of Mexico. The AP may consider retaining some of the litigation and personnel matters. The bandwidth between 1.0–1.5 nm. The Council will meet as late as necessary National Institute of Standards and alternatives for management measures considered in the Amendment, and each day to complete its scheduled Technology and a domestic business. manufacturer of similar equipment likely will suggest other alternatives that advise that (1) these capabilities are would need to be presented at public ADDRESSES: The meetings will be held at pertinent to the applicant’s intended hearings in a subsequent amendment. the Red Lion Hotel Sacramento, 1401 purpose and (2) they know of no The Council will consider the AP’s Arden Way, Sacramento, CA 95815; domestic instrument or apparatus of recommendations at its March 20–23, telephone: (916) 922–8041. equivalent scientific value to the foreign 2000 meeting in San Antonio, TX. Council address: Pacific Fishery instrument for the applicant’s intended Copies of the agenda can be obtained Management Council, 2130 SW Fifth use. by calling 813–228–2815. Avenue, Suite 224, Portland, OR 97201. We know of no other instrument or Although other non-emergency issues FOR FURTHER INFORMATION CONTACT: Dr. apparatus of equivalent scientific value not on the agendas may come before the Donald O. McIsaac, Executive Director; to the foreign instrument which is being AP for discussion, those issues may not telephone: (503) 326–6352. manufactured in the United States. be the subject of formal action during SUPPLEMENTARY INFORMATION: The these meetings. Actions of the AP will Dated: February 4, 2000. following items are on the Council be restricted to those issues specifically agenda, but not necessarily in this order: Frank W. Creel, identified in the agendas and any issues Director, Statutory Import Programs Staff. arising after publication of this notice A. Call to Order [FR Doc. 00–3263 Filed 2–10–00; 8:45 am] that require emergency action under 1. Opening Remarks, Introductions, Roll BILLING CODE 3510±DS±P Section 305(c) of the Magnuson-Stevens Call

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2. Approve Agenda 3. Appointments Requests for sign language 3. Approve September and November 4. Research and Data Needs and interpretation or other auxiliary aids Meeting Minutes Economic Data Plan should be directed to Mr. John S. 5. Establishment of a Council Operating Rhoton at (503) 326–6352 at least 5 days B. Salmon Management Procedure for E-mail prior to the meeting date. 1. Review of 1999 Fisheries and 6. April 2000 Agenda Dated: February 7, 2000. Summary of 2000 Stock Abundance Advisory Meetings Estimates Bruce C. Morehead, 2. Estimate Procedures and The Salmon Advisory Subpanel will Acting Director, Office of Sustainable Methodologies convene on Monday, March 6, at 8 a.m. Fisheries, National Marine Fisheries Service. 3. Inseason Management and will continue to meet throughout [FR Doc. 00–3287 Filed 2–10–00; 8:45 am] Recommendations for Openings Prior the week as necessary to address salmon BILLING CODE 3510±22±M to May 1 management items on the Council 4. Preliminary Definition of 2000 agenda. Management Options The Habitat Steering Group meets at DEPARTMENT OF COMMERCE 9 a.m. on Monday, March 6, to address 5. Oregon Coastal Natural Coho National Oceanic and Atmospheric issues and actions affecting habitat of Management Review—Progress Administration Report fish species managed by the Council. 6. Updates on Activities to Restore The Scientific and Statistical [I.D. 020300B] Natural Stocks Committee will convene on Monday, 7. Adoption of 2000 Management March 6, at 1 p.m., and on Tuesday, Marine Mammals; File Nos. 675±1563, Options for Analysis March 7, at 8 a.m. to address scientific 378±1564 and P595 8. Schedule of Public Hearings and issues on the Council agenda. Appointment of Hearings Officers The Budget Committee meets on AGENCY: National Marine Fisheries 9. Adoption of 2000 Management Monday, March 6 at 1 p.m. to review the Service (NMFS), National Oceanic and Measures for Public Review status of the 2000 Council budget and Atmospheric Administration (NOAA), the proposed budget for 2001. Commerce. C. Habitat Issues The Salmon Technical Team will ACTION: Receipt of applications. D. Coastal Pelagic Species Management convene throughout the week (Monday 1. Update on Limited Entry Program March 6 through Friday March 10) as SUMMARY: Notice is hereby given that Dr. 2. Pacific Sardine necessary to address salmon Graham A.J. Worthy (File No. 675– 3. Status of Plan Amendment (Squid management items on the Council 1563), Physiological Ecology and Maximum Sustainable Yield and agenda. Bioenergetics Laboratory, Department of Bycatch) The Coastal Pelagic Species Advisory Marine Biology, Texas A&M University, Subpanel will meet on Tuesday, March 5001 Avenue U, Suite 105, Galveston, E. Pacific Halibut Management 7, at 1 p.m. to address coastal pelagic TX 77551; Alaska Department of Fish 1. Status of Implementation of Council issues on the Council agenda. and Game (File No. 358–1564), Division Recommendations The Enforcement Consultants meet at of Wildlife Conservation, 1255 W. 8th 2. Results of the International Pacific 6 p.m. on Tuesday, March 7, and will Street, P.O. Box 25526, Juneau, AK Halibut Commission Annual Meeting continue to meet as necessary through 99802–5526, have each applied in due 3. Proposed Incidental Catch in the March 10 to address enforcement issues form for a permit to take marine Troll Salmon Fishery for 2000 relating to Council agenda items. mammals for purposes of scientific The Highly Migratory Species research; and the Whale Conservation F. Highly Migratory Species Advisory Subpanel will meet on Institute (File No. P595), 191 Weston Management Wednesday, March 8 at 10 a.m. to Road, Lincoln, Massachusetts 01773, 1. Progress Report on the Fishery discuss highly migratory species issues requests an amendment to Permit No. Management Plan relating to Council agenda items. 1004. 2. Report on International Discussions Comments on Council Agenda Items will not be accepted if submitted via e- DATES: Written or telefaxed comments and Actions must be received on or before March 13, 3. Control Date for Limited Entry mail or internet. Although non-emergency issues not 2000. G. Groundfish Management contained in this agenda may come ADDRESSES: All applications and related 1. Status of Federal Regulations before this Council for discussion, those documents are available for review (Including Implementation of the issues may not be the subject of formal upon written request or by appointment Emergency Rule), Exempted Fishing Council action during this meeting. in the Permits and Documentation Permit Applications, Research Council action will be restricted to those Division, Office of Protected Resources, Programs, and other Activities issues specifically listed in this notice NMFS, 1315 East-West Highway, Room 2. Status Report on Strategic Plan and any issues arising after publication 13130, Silver Spring, MD 20910 (301/ 3. American Fisheries Act Measures of this notice that require emergency 713–2289); and 4. Status of Federal Setnet Programs action under section 305(c) of the File Nos. 675–1563 and 358–1564: 5. Bycatch Mortality for Rockfish Magnuson-Stevens Fishery Alaska Region, NMFS, P.O. Box 21668, 6. Groundfish Trip Limit for Pink Conservation and Management Act, Juneau, AK 99802–1668 (907/586– Shrimp Fishery provided the public has been notified of 7221); 7. Progress Report on Plan Amendment the Council’s intent to take final action File No. P595: Northeast Region, for Bycatch and Framework Measures to address the emergency. NMFS, One Blackburn Drive, Gloucester, MA 01930, (978/281–9250); H. Administrative and Other Matters Special Accommodations and 1. Council Budget These meetings are physically File No. 675–1563: Southeast Region, 2. Legislative Report accessible to people with disabilities. NMFS, 9721 Executive Center Drive

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North, St. Petersburg, FL 33702–2432 Silver Spring, MD 20910. Those Officer, OMB, Room 10102, NEOB, (813/570–5312). individuals requesting a hearing should Washington, DC 20503, and a copy to FOR FURTHER INFORMATION CONTACT: set forth the specific reasons why a the General Services Administration, Ruth Johnson, 301/713–2289. hearing on these particular requests FAR Secretariat (MVRS), 1800 F Street, SUPPLEMENTARY INFORMATION: The would be appropriate. NW, Room 4035, Washington, DC subject permits and amendment request Comments may also be submitted by 20405. facsimile at (301) 713–0376, provided are requested under the authority of the FOR FURTHER INFORMATION CONTACT: the facsimile is confirmed by hard copy Marine Mammal Protection Act of 1972, Linda Klein, Federal Acquisition Policy submitted by mail and postmarked no as amended (MMPA; 16 U.S.C. 1361 et Division, GSA (202) 501–3775. later than the closing date of the seq.), the Regulations Governing the SUPPLEMENTARY INFORMATION: Taking and Importing of Marine comment period. Please note that Mammals (50 CFR part 216), the comments will not be accepted by e- A. Purpose Endangered Species Act of 1973, as mail or by other electronic media. Concurrent with the publication of FAR clause 52.243–6, Change Order amended (ESA; 16 U.S.C. 1531 et seq.), this notice in the Federal Register, Accounting, requires that, whenever the the regulations governing the taking, NMFS is forwarding copies of these estimated cost of a change or series of importing, and exporting of endangered applications to the Marine Mammal related changes exceed $100,000, the and threatened species (50 CFR 222– Commission and its Committee of contracting officer may require the 226), and the Fur Seal Act of 1966, as Scientific Advisors. contractor to maintain separate accounts amended (16 U.S.C. 1151 et seq.). for each change or series of related File No. 675–1563, Dr. Graham Dated: February 3, 2000. changes. The account shall record all Worthy requests authority to take up to Jeannie Drevenak, incurred segregable, direct costs (less 30 northern fur seal (Callorhinus Acting Chief, Permits and Documentation allocable credits) of work, both changed ursinus) mother/pup pairs and 30 Division, Office of Protected Resources, and unchanged, allocable to the change. additional pups over a 3-year period. National Marine Fisheries Service. These accounts are to be maintained Animals will be blood and tissue [FR Doc. 00–3284 Filed 2–10–00; 8:45 am] until the parties agree to an equitable sampled and flipper tagged. Adult BILLING CODE 3510±22±F adjustment for the changes or until the females will have a milk sample matter is conclusively disposed of under extracted. Activities will occur on the the Disputes clause. This requirement is Pribilof Islands, Alaska. DEPARTMENT OF DEFENSE necessary in order to be able to account File No. 358–1564, Alaska properly for costs associated with Department of Fish and Game (ADF&G) GENERAL SERVICES changes in supply and research and requests authority to take Steller sea ADMINISTRATION development contracts that are lions (Eumetopias jubatus) over a 5-year technically complex and incur period. Animals of all ages and both NATIONAL AERONAUTICS AND numerous changes. sexes will be taken during aerial and SPACE ADMINISTRATION B. Annual Reporting Burden land-based surveys, capture and release [OMB Control No. 9000±0026] activities that include tissue and blood Public reporting burden for this sampling, tagging and attachment of Submission for OMB Review; collection of information is estimated to scientific instruments, branding, and Comment Request Entitled Change average 5 minutes per response, administering immobilizing drugs. Order Accounting including the time for reviewing Activities will occur in Alaska and instructions, searching existing data British Columbia. AGENCIES: Department of Defense (DOD), sources, gathering and maintaining the File No. P595, Whale Conservation General Services Administration (GSA), data needed, and completing and Institute, Permit No. 1004 authorizes the and National Aeronautics and Space reviewing the collection of information. Holder to import right whale tissue Administration (NASA). The annual reporting burden is samples, and samples from other ACTION: Notice of request for an estimated as follows: cetaceans, from Argentina, Mexico, extension to an existing OMB clearance. Respondents, 8,750; responses per Costa Rica, Ecuador, Peru, and Chile. respondent, 18; total annual responses, SUMMARY: Under the provisions of the The Holder requests an amendment to: 157,500; preparation hours per Paperwork Reduction Act of 1995 (44 increase the number of samples to be response, .084; and total response U.S.C. Chapter 35), the Federal imported; increase the number of burden hours, 13,230. locations where samples are taken and Acquisition Regulation (FAR) imported; and extend the permit one Secretariat has submitted to the Office C. Annual Recordkeeping Burden additional year. of Management and Budget (OMB) a The annual recordkeeping burden is In compliance with the National request to review and approve an estimated as follows: Recordkeepers, Environmental Policy Act of 1969 (42 extension of a currently approved 8,750; hours per recordkeeper, 1.5; total U.S.C. 4321 et seq.), an initial information collection requirement recordkeeping burden hours, 13,125; determination has been made that the concerning Change Order Accounting. A and total burden hours 26,355. activity proposed is categorically request for public comments was excluded from the requirement to published at 64 FR 68338,December 7, Obtaining Copies of Proposals prepare an environmental assessment or 1999. No comments were received. Requester may obtain a copy of the environmental impact statement. DATES: Comments may be submitted on justification from the General Services Written comments or requests for a or before March 13, 2000. Administration, FAR Secretariat public hearing on these applications ADDRESSES: Comments regarding this (MVRS), Room 4035, Washington, DC should be mailed to the Chief, Permits burden estimate or any other aspect of 20405, telephone (202) 208–7312. Please and Documentation Division, F/PR1, this collection of information, including cite OMB Control No. 9000–0026, Office of Protected Resources, NMFS, suggestions for reducing this burden, Change Order Accounting, in all 1315 East-West Highway, Room 13705, should be submitted to: FAR Desk correspondence.

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Dated: February 8, 2000. for the Federal Government. Federal acquire and develop 1,641 acres of Edward C. Loeb, agencies report data to the Federal agricultural and residential land south Director, Federal Acquisition Policy Division. Procurement Data Center that collects, of MCAS Yuma. [FR Doc. 00–3279 Filed 2–10–00; 8:45 am] processes, and disseminates official SUPPLEMENTARY INFORMATION: The text of BILLING CODE 6820±34±P statistical data on Federal contracting. the entire Record of Decision (ROD) is Contracting officers shall report a provided as follows: Contractor Identification Number for DEPARTMENT OF DEFENSE each successful offeror. A DUNS Background GENERAL SERVICES number, which is a nine-digit number The Department of the Navy, pursuant ADMINISTRATION assigned by Dun and Bradstreet to Section 102(2)(c) of the National NATIONAL AERONAUTICS AND Information Services to an Environmental Policy Act (NEPA) of SPACE ADMINISTRATION establishment, is the Contractor 1969 (42 USC Section 4331 et seq.), and the regulations of the Council on [OMB Control No. 9000±0145] Identification Number for Federal contractors.The DUNS number reported Environmental Quality (CEQ) that Submission for OMB Review; must identify the successful offeror’s implement NEPA procedures, (40 CFR Comment Request Entitled Use of Data name and address exactly as stated in Parts 1500–1508), hereby announces its Universal Numbering System (DUNS) the offer and resultant contract. decision to acquire 1,641 acres of land as Primary Contractor Identification south of MCAS Yuma, Arizona, for the B. Annual Reporting Burden improvement of ordnance storage and AGENCIES: Department of Defense (DOD), Public reporting burden for this other support functions. This decision General Services Administration (GSA), collection of information is estimated to includes the following actions, which and National Aeronautics and Space average 1 minutes per response, are described in more detail in the Administration (NASA). including the time for reviewing Environmental Impact Statement. The ACTION: Notice of request for an instructions, searching existing data Department of the Navy will construct extension to an existing OMB clearance. sources, gathering and maintaining the and operate: data needed, and completing and (1) A Combat Aircraft Loading Area SUMMARY: Under the provisions of the reviewing the collection of information. (CALA); Paperwork Reduction Act of 1995 (44 The annual reporting burden is (2) A new station ordnance area U.S.C. Chapter 35), the Federal estimated as follows:Respondents, (including ordnance loading and Acquisition Regulation (FAR) 50,400; responses per respondent unloading facilities, ordnance storage Secretariat has submitted to the Office (rounded), 4.01; total annual responses, magazines, support buildings, guard of Management and Budget (OMB) a 201,600; preparation hours per shacks, and a security fence); request to review and approve an response, .0205 (averaged); and total (3) A fire station; and extension of a currently approved response burden hours, 4,147. (4) Compounds for Marine Wing information collection requirement Support Squadron (MWSS)–371 and Obtaining Copies of proposals: concerning Use of Data Universal Combat Service Support Detachment Numbering System (DUNS) as Primary Requester may obtain a copy of the (CSSD)–16. Contractor Identification. A request for justification from the General Services These improvements will provide public comments was published at 64 Administration, FAR Secretariat safer handling and storage of ordnance, FR 68338, December 7, 1999. No (MVRS), Room 4035, Washington, DC and less expensive and more efficient comments were received. 20405, telephone (202) 208–7312. Please ordnance operations. The proposed action is needed to support existing DATES: Comments may be submitted on citeOMB Control No. 9000–0145, Use of training and other ongoing activities at or before March 13, 2000. Data UniversalNumbering System (DUNS) as Primary Contractor MCAS Yuma. None of the components ADDRESSES: Comments regarding this Identification, in all correspondence. of the proposed action are associated burden estimate or any other aspect of with an increase in the number of Dated: February 8, 2000. this collection of information, including mission flown at MCAS Yuma or a suggestions for reducing this burden, Edward C. Loeb, change in its mission. The level of flight should be submitted to: FAR Desk Director, Federal Acquisition Policy Division. operations is not dependent on Officer, OMB, Room 10102, NEOB, [FR Doc. 00–3280 Filed 2–10–00; 8:45 am] ordnance storage capacity. MCAS Washington, DC 20503, and a copy to BILLING CODE 6820±34±P Yuma’s ordnance storage capacity has the General Services Administration, remained relatively constant over the FAR Secretariat (MVRS), 1800 F Street, last several years. All components of the NW, Room 4035, Washington, DC DEPARTMENT OF DEFENSE proposed action have been designed 20405. based on MCAS Yuma’s historic FOR FURTHER INFORMATION CONTACT: Department of the Navy ordnance use and operation levels. Victoria Moss, Federal Acquisition The Notice of Intent (NOI) to prepare Policy Division, GSA, (202) 501–4764. Record of Decision for Improved an Environmental Impact Statement Ordnance Storage for Marine Corps Air SUPPLEMENTARY INFORMATION: (EIS) for improved ordnance storage for Station (MCAS) Yuma, AZ Marine Corps Air Station Yuma, A. Purpose AGENCY: Department of the Navy, Arizona, was published in the Federal The Data Universal Numbering Department of Defense. Register on December 17, 1996. Two System (DUNS) number is the number ACTION: Notice of Record of Decision. public scoping meetings were held in the Government uses to identify January 1997 to allow for public contractors in reporting to the Federal SUMMARY: The Department of the Navy, comments. Procurement Data System (FPDS). The after carefully weighing the operational, The public scoping meetings were FPDS provides a comprehensive environmental and cost implications of attended by a total of 20 persons, with mechanism for assembling, organizing, improving the ordnance storage at only one person providing formal and presenting contract placement data MCAS Yuma, announces its decision to testimony; however, that person made

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Under this alternative, the Properties Act of 1970, the significant agencies and officials of federal, state Department of Navy will acquire social impacts are considered and local governments, citizen groups approximately 1,641 acres of unmitigable. No other significant and organizations, and other interested agricultural and residential land to the impacts were identified for the Preferred parties including landowners within the south of MCAS Yuma and construct and Alternative. potential acquisition area, during the operate the following new facilities in The 1,069 Acre Alternative involved week of January 25–29, 1999. that area: a Combat Aircraft Loading the acquisition and development of The Notice of Availability for the Area (CALA), a new station ordnance 1,069 acres of land to the south of DEIS was published in the Federal area (including ordnance loading and MCAS Yuma. The land required for this Register on January 29, 1999. The DEIS unloading facilities, ordnance storage alternative is encompassed entirely was subject to public review during a magazines, support buildings, guard within the acquisition area identified 60-day public comment period. The shacks, and a security fence), a fire above for the Preferred Alternative. This Marine Corps also held two public station, and compounds for MWSS–371 alternative would utilize the same hearings during the public comment AND CSSD–16. CALA and ordnance storage magazines period on February 17 and 23, 1999. The new CALA and station ordnance that are described for the Selected The public hearings were held at the areas are to be constructed in the Alternative. However, the 1,069 Acre Ramada Inn at the Chilton Conference western portion of the acquisition area. Alternative would not provide space for Center in Yuma, AZ. Most land in the acquisition area’s a new fire station or for the relocation Comments on the DEIS were received central section will be within new of MWSS–371 and CSSD–16. by letter, by oral statements provided Explosive Safety Quantity Distance The BMGR Alternative would require during the public hearings, and written (ESQD) arcs and will remain in the acquisition of 482 acres of land to statements received by facsimile. agricultural production. Approximately the southeast of MCAS Yuma and the Written and oral statements were 1,184 acres of agricultural and vacant construction of a new CALA and received from a total of 21 commentors, lands within the acquisition area will associated structures at that location. including federal, state, regional, and not be cleared for the new military Ordnance would be stored in new local agencies, and private individuals. facilities. This land will be out-leased magazines constructed off-station at the All comments received were reviewed for continued agricultural use. A new BMGR in an approximately 4-square- and addressed in the FEIS. fire station, MWSS–371 compound, and mile (10-square- kilometer) area. Under The FEIS was distributed to the CSSD–16 compound will ultimately be this alternative, flat-tailed horned public on July 21, 1999. The public located in the eastern third of the lizards would be significantly affected, review period ended on September 30, acquisition area. The facilities proposed and the transportation of ordnance 1999. Nineteen comments were received for the eastern third of the acquisition between the BMGR and MCAS Yuma on the FEIS and were considered before area were addressed for the eastern third could result in adverse safety impacts to issuing this ROD. of the acquisition area were addressed at residents located along the route a programmatic level in the EIS because between the two facilities. Additionally, Alternatives Considered specific plans for their construction it would not provide space for a new NEPA and CDQ regulations require have not been developed. Additional fire station or for the relocation of the Department of the Navy to study and evaluation under NEPA will be required MWSS–371 and CSSD–16, and it would evaluate a reasonable range of prior to the construction of a new fire increase staffing requirements at MCAS alternatives for accomplishing the station or new compounds for MWSS– Yuma. purpose and need underlying the 371 or CSSD–16. In the interim, this The No Action alternative requires no proposed action. The underlying land will be made available for change in existing operations at MCAS purpose for improved ordnance storage agricultural out-lease. Yuma. Ordnance storage would at MCAS Yuma is to: (1) Eliminate the This is the only alternative that fully continue to require a waiver and the use of safety waivers associated with meets the Department’s Purpose and ESQD arc associated with the storage ordnance handling an storage at MCAS Need. The alternative includes area would continue to extend off Yuma; (2) provide an ordnance storage significant and unmitigated station. Ordnance truck trips would capacity able to accommodate MCAS socioeconomic impacts because it remain at current levels. Yuma’s annual average ordnance requires the relocation of residents The environmentally preferred requirement; (3) provide space for the living in eleven homes on the land to be alternative is generally one that avoids relocation of existing MCAS Yuma acquired. or minimizes environmental impacts or facilities; and (4) meet objectives (1) and The relocation of residents will be results in a net beneficial environmental (2) without increasing staffing accomplished in compliance with the effect. In this case, the No Action requirements at MCAS Yuma. Uniform Relocation Assistance and Real Alternative is the environmentally The EIS process initially identified Property Acquisition Policies Act of preferred alternative because it would nine alternatives, including the No 1970, as amended (42 U.S.C. 4601 et not require land acquisition and Action alternative. These included five seq.). Compliance with this act will relocation of homeowners and would alternatives identified in the NOI and ensure displaced residents are relocated not have adverse physical impacts on four alternatives developed as a result of to a decent, safe, and sanitary home. All the environment. The environmentally the public scoping process. Four eligible displaced residents will be preferred alternative was not selected alternatives were evaluated in detail in entitled to moving expenses. This because it would not have fulfilled the the EIS: the 1,641 Acre Alternative, the program cannot substantially mitigate primary and secondary objectives of the 1,069 Acre Alternative, the Barry M. the loss of social ties, upheaval, and proposed action.

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Environmental Impacts DEPARTMENT OF EDUCATION Dated: February 7, 2000. Patrick Sherrill, There were no significant Notice of Proposed Information Acting Leader Information Management environmental impacts associated with Collection Requests Group, Office of the Chief Information Officer. the selected alternative. However, the Office of Student Financial Assistance Department of the Navy will initiate AGENCY: Department of Education. measures, described in the EIS, to Programs SUMMARY: The Acting Leader, mitigate impacts resulting from the Type of Review: New. Information Management Group, Office action being taken. With the adoption of Title: Federal Family Education Loan of the Chief Information Officer, invites the measures identified in the EIS, the Program Federal Consolidation Loan comments on the proposed information Department of the Navy has exercised Application and Promissory Note. collection requests as required by the all practicable means to avoid or Frequency: One time. Paperwork Reduction Act of 1995. Affected Public: Businesses or other minimize harm from the alternative for-profit; Individuals or households; selected. DATES: Interested persons are invited to Not-for-profit institutions. submit comments on or before April 11, Response to Comments Reporting and Recordkeeping Hour 2000. Burden: The Department of the Navy made the SUPPLEMENTARY INFORMATION: Section Responses: 263,000; FEIS available to the public for a a 30- 3506 of the Paperwork Reduction Act of Burden Hours: 263,000 Abstract: This application form and day review period. This review period 1995 (44 U.S.C. Chapter 35) requires promissory note is the means by which was extended for an additional 30 days that the Office of Management and period. During the review period 19 a borrower applies for a Federal Budget (OMB) provide interested Consolidation Loan and promises to comments were received: eight Federal agencies and the public an early supporting the action and 11 opposed. repay the loan, and a lender or guaranty opportunity to comment on information agency certifies the borrower’s The governmental bodies of Yuma City collection requests. OMB may amend or and Yuma County support the selected eligibility to receive a Consolidation waive the requirement for public loan. alternative. Opposition continues from consultation to the extent that public Requests for copies of the proposed the property owners and citrus and crop participation in the approval process information collection request may be growers. No new substantive comments would defeat the purpose of the accessed from http://edicsweb.ed.gov, or were received that were not previously information collection, violate State or should be addressed to Vivian Reese, addressed in the Draft and Final Federal law, or substantially interfere Department of Education, 400 Maryland Environmental Impact Statements. with any agency’s ability to perform its Avenue, SW, Room 5624, Regional Conclusion statutory obligations. The Acting Office Building 3, Washington, DC Leader, Information Management 20202–4651. Requests may also be On behalf of the Department of the Group, Office of the Chief Information electronically mailed to the internet l l Navy, I have decided to implement the Officer, publishes that notice containing address OCIO IMG [email protected] or 1,641 Acre Alternative, as set out in the proposed information collection faxed to 202–708–9346. EIS, to improve ordnance storage at requests prior to submission of these Written comments or questions MCAS Yuma. In making this decision, requests to OMB. Each proposed regarding burden and/or the collection I considered the following: existing information collection, grouped by activity requirements should be directed to Joseph Schubart at (202) 708–9266 or assets and capabilities at MCAS Yuma; office, contains the following: (1) Type via his internet address Marine Corps, Navy, DoD and allied of review requested, e.g. new, revision, l operational and training requirements; Joe [email protected]. Individuals who extension, existing or reinstatement; (2) use a telecommunications device for the ordnance handling and storage Title; (3) Summary of the collection; (4) deaf (TDD) may call the Federal requirements; environmental impacts; Description of the need for, and Information Relay Service (FIRS) at 1– socioeconomic impacts; costs associated proposed use of, the information; (5) 800–877–8339. with land acquisition and facility Respondents and frequency of construction, the operation and collection; and (6) Reporting and/or [FR Doc. 00–3179 Filed 2–10–00; 8:45 am] maintenance of equipment and aircraft, Recordkeeping burden. OMB invites BILLING CODE 4000±01±U and training of personnel; and public comment. comments received during the EIS The Department of Education is DEPARTMENT OF EDUCATION. process. especially interested in public comment After carefully weighing all of these addressing the following issues: (1) is Notice of Proposed Information factors, I have determined that the this collection necessary to the proper Collection Requests Preferred Alternative, acquiring and functions of the Department; (2) will AGENCY: Department of Education. developing 1,641 acres of agricultural this information be processed and used SUMMARY: The Acting Leader, and residential land to the south of in a timely manner; (3) is the estimate Information Management Group, Office MCAS Yuma, best meets the of burden accurate; (4) how might the of the Chief Information Officer, invites requirements. Department enhance the quality, utility, comments on the proposed information Dated: February 1, 2000. and clarity of the information to be collection requests as required by the Duncan Holaday, collected; and (5) how might the Paperwork Reduction Act of 1995. Department minimize the burden of this Deputy Assistant Secretary of the Navy DATES: Interested persons are invited to (Installations and Facilities). collection on the respondents, including submit comments on or before April 11, through the use of information [FR Doc. 00–3204 Filed 2–10–00; 8:45 am] 2000. technology. BILLING CODE 3810±FF±M SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of

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1995 (44 U.S.C. Chapter 35) requires school teachers is the fourth in a series. consultation to the extent that public that the Office of Management and It is a follow-up to the 1999–2000 participation in the approval process Budget (OMB) provide interested Schools and Staffing Survey (SASS) and would defeat the purpose of the Federal agencies and the public an early collects data on public school and information collection, violate State or opportunity to comment on information private school teachers characteristics Federal law, or substantially interfere collection requests. OMB may amend or and attitudes, as well as the factors with any agency’s ability to perform its waive the requirement for public affecting their decisions to stay in, or statutory obligations. The Acting consultation to the extent that public leave, the teaching profession. Leader, Information Management participation in the approval process Requests for copies of the proposed Group, Office of the Chief Information would defeat the purpose of the information collection request may be Officer, publishes that notice containing information collection, violate State or accessed from http://edicsweb.ed.gov, or proposed information collection Federal law, or substantially interfere should be addressed to Vivian Reese, requests prior to submission of these with any agency’s ability to perform its Department of Education, 400 Maryland requests to OMB. Each proposed statutory obligations. The Acting Avenue, SW, Room 5624, Regional information collection, grouped by Leader, Information Management Office Building 3, Washington, D.C. office, contains the following: (1) Type Group, Office of the Chief Information 20202–4651. Requests may also be of review requested, e.g. new, revision, Officer, publishes that notice containing electronically mailed to the internet extension, existing or reinstatement; (2) proposed information collection address [email protected] or Title; (3) Summary of the collection; (4) requests prior to submission of these faxed to 202–708–9346. Description of the need for, and requests to OMB. Each proposed Written comments or questions proposed use of, the information; (5) information collection, grouped by regarding burden and/or the collection Respondents and frequency of office, contains the following: (1) Type activity requirements should be directed collection; and (6) Reporting and/or of review requested, e.g., new, revision, to Kathy Axt at (703) 426–9692 or via Recordkeeping burden. OMB invites extension, existing or reinstatement; (2) her internet address public comment. Title; (3) Summary of the collection; (4) [email protected]. Individuals who Dated: February 7, 2000. Description of the need for, and use a telecommunications device for the proposed use of, the information; (5) deaf (TDD) may call the Federal Patrick Sherrill, Respondents and frequency of Information Relay Service (FIRS) at 1– Acting Leader, Information Management collection; and (6) Reporting and/or 800–877–8339. Group, Office of the Chief Information Officer. Recordkeeping burden. OMB invites [FR Doc. 00–3180 Filed 2–10–00; 8:45 am] Office of Educational Research and public comment. Improvement The Department of Education is BILLING CODE 4000±01±U especially interested in public comment Type of Review: Reinstatement. addressing the following issues: (1) Is Title: Beginning Postsecondary DEPARTMENT OF EDUCATION this collection necessary to the proper Students Longitudinal Study 1996–2001 functions of the Department; (2) will (BPS: 1996/2001). Submission for OMB Review; Frequency: On Occasion. this information be processed and used Comment Request in a timely manner; (3) is the estimate Affected Public: Businesses or other of burden accurate; (4) how might the AGENCY: Department of Education. for-profit;Individuals or households; Department enhance the quality, utility, SUMMARY: The Acting Leader, Not-for-profit institutions. and clarity of the information to be Information Management Group, Office Reporting and Recordkeeping Hour collected; and (5) how might the of the Chief Information Officer invites Burden: Department minimize the burden of this comments on the submission for OMB Responses: 569. collection on the respondents, including review as required by the Paperwork Burden Hours: 224. through the use of information Reduction Act of 1995. Abstract: The Beginning Postsecondary Student Longitudinal technology. DATES: Interested persons are invited to Study Second Follow-Up will continue submit comments on or before March Dated: February 7, 2000. the series of longitudinal data collection 13, 2000. Patrick Sherrill, efforts started in 1996 with the National Acting Leader Information Management ADDRESSES: Written comments should Postsecondary Student Aid Study to Group, Office of the Chief Information Officer. be addressed to the Office of enhance knowledge concerning progress Information and Regulatory Affairs, Office of Educational Research and and persistence in postsecondary Attention: Danny Werfel, Desk Officer, Improvement education for new entrants. The study Department of Education, Office of will address issues such as progress, Type of Review: Reinstatement. Management and Budget, 725 17th persistence, and completion of Title: 2000–01 Teacher Follow-up Street, N.W., Room 10235, New Survey. postsecondary education programs, Executive Office Building, Washington, entry into the work force, the Frequency: Intended to be biennial; DC 20503 or should be electronically clearance is being sought for year 2000 relationship between experiences mailed to the internet address during postsecondary education and only. [email protected]. Affected Public: State, Local, or Tribal various societal and personal outcomes, Gov’t, SEAs or LEAs; Businesses or SUPPLEMENTARY INFORMATION: Section and returns to the individual and to other for-profit; Not-for-profit 3506 of the Paperwork Reduction Act of society on the investment in institutions. 1995 (44 U.S.C. Chapter 35) requires postsecondary education. Reporting and Recordkeeping Hour that the Office of Management and Requests for copies of the proposed Burden: Budget (OMB) provide interested information collection request may be Responses: 8,300; Burden Hours: Federal agencies and the public an early accessed from http://edicsweb.ed.gov, or 4,616. opportunity to comment on information should be addressed to Vivian Reese, Abstract: This survey of 8,300 public collection requests. OMB may amend or Department of Education, 400 Maryland and private elementary and secondary waive the requirement for public Avenue, SW, Room 5624, Regional

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Office Building 3, Washington, DC office, contains the following: (1) Type DEPARTMENT OF EDUCATION 20202–4651. Requests may also be of review requested, e.g. new, revision, electronically mailed to the internet extension, existing or reinstatement; (2) National Commission on Mathematics address [email protected] or Title; (3) Summary of the collection; (4) and Science Teaching for the 21st faxed to 202–708–9346. Description of the need for, and Century; Meeting Questions regarding burden and/or proposed use of, the information; (5) AGENCY: National Commission on the collection activity requirements Respondents and frequency of l Mathematics and Science Teaching for should be directed to Kathy Axt at collection; and (6) Reporting and/or (703) 426–9692 or via her internet the 21st Century, Department of l Recordkeeping burden. OMB invites Education. address Kathy [email protected]. public comment. Individuals who use a ACTION: Notice of meeting. telecommunications device for the deaf Dated: February 7, 2000. SUMMARY: This notice sets forth the (TDD) may call the Federal Information Patrick Sherrill, schedule and proposed agenda of a Relay Service (FIRS) at 1–800–877– Acting Leader, Information Management forthcoming meeting of the National 8339. Group, Office of the Chief Information Officer. Commission on Mathematics and [FR Doc. 00–3177 Filed 2–10–00; 8:45 am] Office of Educational Research and Science Teaching for the 21st Century BILLING CODE 4000±01±U Improvement (Commission). This notice also describes the functions of the Type of Review: Revision. Commission. Notice of this meeting is DEPARTMENT OF EDUCATION Title: Data Collection for the Program required under Section 10(a)(2) of the Federal Advisory Committee Act and is Submission for OMB Review; for International Student Assessment (PISA). intended to notify the general public of Comment Request their opportunity to attend. Frequency: Full-scale study. AGENCY: Department of Education. DATE AND TIME: Monday, March 6, 2000, SUMMARY: The Acting Leader, Affected Public: Individuals or from 3:30 p.m. to approximately 6:30 Information Management Group, Office households; Not-for-profit institutions. p.m. and Tuesday, March 7 from 8:30 of the Chief Information Officer invites Reporting and Recordkeeping Hour a.m. to adjournment at approximately comments on the submission for OMB Burden: 4:30 p.m. review as required by the Paperwork Responses: 13,200; Burden Hours: ADDRESSES: J.W. Marriott Hotel, Capitol Reduction Act of 1995. 11,000. Ballroom, 1331 Pennsylvania Avenue, DATES: Interested persons are invited to NW, Washington, DC 20004, telephone: submit comments on or before March Abstract: PISA will collect policy- (202) 393–2000, toll-free (800) 228– 13, 2000. oriented and internationally-comparable 9290, fax: (202) 626–6991. indicators of student achievement in ADDRESSES: Written comments should FOR FURTHER INFORMATION CONTACT: Dr. be addressed to the Office of reading, mathematics, and science at the Linda P. Rosen, Executive Director, The Information and Regulatory Affairs, ‘‘end’’ of secondary school on a timely National Commission on Mathematics Attention: Danny Werfel, Desk Officer, and regular basis (every three years). For and Science Teaching for the 21st Department of Education, Office of comparability with other education Century, U.S. Department of Education, Management and Budget, 725 17th systems around the world, 15-year-old Room 6W252, 400 Maryland Avenue, Street, NW, Room 10235, New students will be assessed in the U.S. and SW, Washington, DC 20202, telephone: Executive Office Building, Washington, comparisons of results will be made (202) 260–8229, fax: (202) 260–7216. DC 20503 or should be electronically with approximately 30 countries. SUPPLEMENTARY INFORMATION: The mailed to the internet address Requests for copies of the proposed National Commission on Mathematics [email protected]. information collection request may be and Science Teaching for the 21st SUPPLEMENTARY INFORMATION: Section accessed from http://edicsweb.ed.gov, or Century was established by the 3506 of the Paperwork Reduction Act of should be addressed to Vivian Reese, Secretary of Education and is governed 1995 (44 U.S.C. Chapter 35) requires Department of Education, 400 Maryland by the provisions of the Federal that the Office of Management and Avenue, SW, Room 5624, Regional Advisory Committee Act (FACA) (P.L. Budget (OMB) provide interested Office Building 3, Washington, DC 92–463, as amended; 5 U.S.C.A. Federal agencies and the public an early 20202–4651. Requests may also be Appendix 2). The Commission was opportunity to comment on information electronically mailed to the internet established to address the pressing need collection requests. OMB may amend or address [email protected] or to significantly raise student waive the requirement for public faxed to 202–708–9346. achievement in mathematics and consultation to the extent that public science by focusing on the quality of participation in the approval process Questions regarding burden and/or mathematics and science instruction in would defeat the purpose of the the collection activity requirements K–12 classrooms nationwide. The information collection, violate State or should be directed to Kathy Axt at (703) Commission will develop a set of Federal law, or substantially interfere 426–9692 or via her internet address recommendations with a corresponding, with any agency’s ability to perform its [email protected]. Individuals who multifaceted action strategy to improve statutory obligations. The Acting use a telecommunications device for the the quality of teaching in mathematics Leader, Information Management deaf (TDD) may call the Federal and science. Group, Office of the Chief Information Information Relay Service (FIRS) at 1– The meeting of the Commission is Officer, publishes that notice containing 800–877–8339. open to the public. On the afternoon of proposed information collection March 6th, the Commission will explore [FR Doc. 00–3178 Filed 2–10–00; 8:45 am] requests prior to submission of these potential technology recommendations requests to OMB. Each proposed BILLING CODE 4000±01±U and review a draft of initial chapters of information collection, grouped by their report. Commission members will

VerDate 272000 20:32 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 7004 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices work in breakout groups to discuss the available for public inspection at The Dear Mr. Chairman: We are pleased to draft and then convey their comments National Commission on Mathematics forward the Department of Energy in a plenary session. and Science Teaching for the 21st implementation plan for addressing the On March 7th, the meeting will Century, 400 Maryland Avenue, SW, issues raised in the Defense Nuclear explore potential recommendations for Facilities Safety Board Recommendation 99– Room 6W252 from the hours of 8:30 1, ‘‘Safe Storage of Pits at Pantex.’’ Defense the recruitment, induction, and a.m. to 5:00 p.m. weekdays, except Nuclear Facilities Safety Board professional development of teachers of Federal holidays. Recommendation 99–1 is consistent with the mathematics and science. The day will Dated: February 8, 2000. Department’s focus to develop and start with brief presentations on these implement improved pit storage programs. Frank S. Holleman III, three topics—recruitment, induction, The primary objective of this and professional development. The rest Deputy Secretary. implementation plan is to expeditiously of the morning will be spent in breakout [FR Doc. 00–3241 Filed 2–10–00; 8:45 am] repackage pits into containers that will groups. After lunch, the groups will BILLING CODE 4000±04±M provide long-term, safe storage. The activities report back to the entire Commission delineated in the plan are aimed at achieving and discuss potential recommendations that goal and provide for the development and implementation of a pit container with commentary from several invited DEPARTMENT OF ENERGY surveillance program so the Department can experts. monitor the AL–R8 Sealed Insert to ensure its An agenda will be posted on the DOE Implementation Plan for continued quality and reliability. Internet at http://www.ed.gov/ Recommendation 99±1 of the Defense Mr. Dave Beck, Deputy Assistant Secretary americacounts/glenn/toc.html on or Nuclear Facilities Safety Board, Safe for Military Application and Stockpile before February 28, 2000. Storage of Pits at Pantex Operations, Defense Programs, is the On March 6 from 8:30 a.m. to responsible manager for this implementation approximately 2:30 p.m. Commission AGENCY: Department of Energy. plan. He can be contacted at 202–586–4879. ACTION: Notice. members are invited to attend a meeting Yours sincerely, organized by the Association for SUMMARY: Bill Richardson, Computing Machinery (ACM) on how The Defense Nuclear technology can significantly impact K– Facilities Safety Board published Enclosure. 12 math and science teaching and Recommendation 99–1, concerning the [FR Doc. 00–3281 Filed 2–10–00; 8:45 am] learning. The ACM presentations and safe storage of pits at the Pantex plant, BILLING CODE 6450±01±P hands-on demonstrations are open to on August 27, 1999 (64 FR 46894). the public and will be held in the Under section 315(e) of the Atomic Capitol Ballroom of the J.W. Marriott. Energy Act of 1954, as amended, 42 ENVIRONMENTAL PROTECTION Space for the meeting of the National U.S.C. 2286d(e), the Department of AGENCY Commission on Mathematics and Energy must transmit an [FRL±6533±9] Science Teaching for the 21st Century implementation plan on Recommendation 99–1 to the Defense may be limited and you are encouraged Agency Information Collection Nuclear Facilities Safety Board after to register if you plan to attend. You Activities: Submission for OMB acceptance of the Recommendation by may register through the Internet at Review; Comment Request; Drinking l the Secretary. The Department’s America [email protected] or Water State Revolving Fund Program [email protected]. Please include implementation plan was sent to the your name, title, affiliation, complete Safety Board on February 01, 2000, and AGENCY: Environmental Protection address (including e-mail, if available), is available for review in the Agency (EPA). telephone and fax numbers. If you are Department of Energy Public Reading ACTION: Notice. unable to register through the Internet, Rooms. SUMMARY: In compliance with the you may fax your registration ADDRESSES: Send comments, data, Paperwork Reduction Act (44 U.S.C. information to The National views, or arguments concerning the 3501 et seq.), this document announces Commission on Mathematics and implementation plan to: Department of that the following Information Science Teaching for the 21st Century at Energy, 1000 Independence Avenue, Collection Request (ICR) has been (202) 260–7216 or mail to The National SW, Washington, DC 20585 before forwarded to the Office of Management Commission on Mathematics and March 13, 2000. Science Teaching for the 21st Century, and Budget (OMB) for review and FOR FURTHER INFORMATION CONTACT: Mr. U.S. Department of Education, Room approval: Drinking Water State David E. Beck, Deputy Assistant Revolving Fund Program; EPA ICR No. 6W252, 400 Maryland Avenue, SW, Secretary for Military Application and Washington, DC 20202. The registration 1803.03; OMB No. 2040–0185; Stockpile Operations, Defense Programs, expiration date June 30, 2000. The ICR deadline is March 1, 2000. Any Department of Energy, 1000 individual who will need describes the nature of the information Independence Avenue, SW, collection and its expected burden and accommodations for a disability in order Washington, DC 20585. to attend the meeting (i.e., interpreting cost; where appropriate, it includes the services, assistive listening devices, Issued in Washington, DC, on February 7, actual data collection instrument. materials in alternative format) should 2000. DATES: Comments must be submitted on notify Jamila Rattler at (202) 260–8229 Mark B. Whitaker, Jr., or before March 13, 2000. by no later than February 25, 2000. We Departmental Representative to the Defense FOR FURTHER INFORMATION CONTACT: For will attempt to meet requests after this Nuclear Facilities Safety Board a copy of the ICR contact Sandy Farmer date, but cannot guarantee availability The Secretary of Energy at EPA by phone at (202) 260–2740, by of the requested accommodation. The February 1, 2000. email at [email protected], or meeting site is accessible to individuals The Honorable John T. Conway download off the Internet at http:// with disabilities. Chairman, Defense Nuclear Facilities Safety www.epa.gov/icr and refer to EPA ICR Records will be kept of all Board, 625 Indiana Avenue, NW, Suite No. 1803.03. For technical questions Commission proceedings, and will be 700, Washington, DC 20004. about the ICR, contact Vinh Nguyen at

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(202) 260–0715 or via email at compliance with applicable laws and techniques to the following addresses. [email protected]. Additional the SDWA. Please refer to EPA ICR No. 1803.03 and information about the DWSRF program Because States provide assistance to OMB Control No. 2040–0185 in any can be found at www.epa.gov/ local applicants, States assist local correspondence. safewater/dwsrf.html. applicants in preparing DWSRF loan Ms. Sandy Farmer, U.S. Environmental SUPPLEMENTARY INFORMATION: applications and verify that proposed Protection Agency, Office of Title: Drinking Water State Revolving projects will comply with applicable Environmental Information, Fund Program; OMB No. 2040–0185; federal and state requirements. Collection Strategies Division (2822), EPA ICR No. 1803.03; expiration date EPA will use the Capitalization Grant 1200 Pennsylvania Ave., NW, June 30, 2000. This is a request for an Application / Intended Use Plan, Washington, DC 20460; extension of a currently approved Biennial Report, and Annual Audit to help conduct its oversight and collection. Office of Information and Regulatory Abstract: The Safe Drinking Water Act responsibilities as mandated by the SDWA. Affairs, Office of Management and (SDWA) Amendments of 1996 (Public Budget, Attention: Desk Officer for Law 104–182) authorize the creation of An agency may not conduct or sponsor, and a person is not required to EPA, 725 17th Street, NW, Drinking Water State Revolving Fund Washington, DC 20503. (DWSRF) programs in each State and respond to, a collection of information Puerto Rico to assist public water unless it displays a currently valid OMB Dated: February 2, 2000. systems to finance the costs of control number. The OMB control Oscar Morales, infrastructure needed to achieve or numbers for EPA’s regulations are listed Director, Collection Strategies Division. in 40 CFR part 9 and 48 CFR Chapter maintain compliance with SDWA [FR Doc. 00–3212 Filed 2–10–00; 8:45 am] 15. The Federal Register document requirements and to protect public BILLING CODE 6560±50±P health. Section 1452 authorizes the required under 5 CFR 1320.8(d), Administrator of EPA to award soliciting comments on this collection capitalization grants to the States and of information was published on ENVIRONMENTAL PROTECTION Puerto Rico which, in turn, provide low- September 7, 1999 (64 FR 48615); 11 AGENCY cost loans and other types of assistance comments were received from two to eligible drinking water systems (i.e., parties. [ER-FRL±6250±9] Burden Statement: The annual public local respondents). reporting and recordkeeping burden for Environmental Impact Statements; The information collection activities this collection of information is Notice of Availability will occur primarily at the program estimated to average 1,703 hours per level through the Capitalization Grant State response and 80 hours per local Responsible Agency: Office of Federal Application and Agreement / State respondent response. Burden means the Activities, General Information, (202) Intended Use Plan, Biennial Report, total time, effort, or financial resources 564–7167 OR www.epa.gov/ocea/ofa. Annual Audit, and Assistance expended by persons to generate, Application Review. Weekly Receipt of Environmental maintain, retain, or disclose or provide In order to receive a grant, the State Impact Statements Filed January 31, information to or for a Federal agency. must prepare a Capitalization Grant 2000 Through February 04, 2000 This includes the time needed to review Application that includes an Intended Pursuant to 40 CFR 1506.9 instructions; develop, acquire, install, Use Plan (IUP) outlining in detail how EIS No. 000028, Draft EIS, BLM, NV, and utilize technology and systems for it will use funds in the program. The Marigold Mine Expansion Project, the purposes of collecting, validating, Capitalization Grant Agreement is the Implementation, COE Section 404 and verifying information, processing principal instrument by which the State Permit, Special-Use-Permit, Humboldt and maintaining information, and commits to manage its revolving fund County, NV, Due: April 10, 2000, disclosing and providing information; program in conformity with the Contact: Gerald Moritz (775) 623–1500. adjust the existing ways to comply with requirements of the SDWA. EIS No. 000029, Final EIS, FHW, IN, any previously applicable instructions The State must agree to complete and IN–641 Terre Haute Bypass, Improve and requirements; train personnel to be submit a Biennial Report on the uses of access between US 41 South to I–70 East able to respond to a collection of the capitalization grant. The Biennial of Terre Haute, Funding and COE information; search data sources; Report indicates how the State has met Section 404 Permit, Vigo County, IN, complete and review the collection of its goals and objectives of the previous Due: March 13, 2000, Contact: John R. information; and transmit or otherwise two fiscal years as stated in the grant Baxter (317) 226–7425. disclose the information. agreement, and more specifically in the Respondents/Affected Entities: State EIS No. 000030, Final EIS, FHW, PA, IUP. The report provides information on and local governments and local Marshalls Creek Traffic Relief Study, loan recipients, loan amounts, loan respondents. Construction, Connector between PA– terms, project categories of eligible Estimated Number of Respondents: 209, Business 209 and PA–402, COE costs, and similar data on other forms of 1,377. Section 404 and NPDES Permits, assistance. Frequency of Response: Annual. Monroe County, PA, Due: March 13, A State must, at minimum, comply Estimated Total Annual Hour Burden: 2000, Contact: David C. Lawton (717) with the provisions of the Single Audit 192,950 hours. 221–3461. Act Amendments of 1996. Best Estimated Total Annualized Cost EIS No. 000031, Final EIS, FRC, MT, management practices suggest, and EPA Burden (non-labor costs): $0. ID, Cabinet Gorge (No. 2058–014) and recommends, that a State conduct an Send comments on the Agency’s need Noxon Rapids (No. 2075–014) annual independent audit of its DWSRF for this information, the accuracy of the Hydroelectric Project, Relicensing, MT program (including set-asides), which provided burden estimates, and any and ID, Due: March 13, 2000, Contact: contains an opinion on the financial suggested methods for minimizing Bob Easton (202) 219–2782. statements of the DWSRF, a report on its respondent burden, including through EIS No. 000032, Draft EIS, NPS, MT, internal controls, and a report on the use of automated collection Lake McDonald/Park Headquarters

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Wastewater Treatment System noise mitigation actions and a wetland SUPPLEMENTARY INFORMATION: Proposed Rehabilitation, Implementation, COE compensation plan. agenda items will include: Review of Section 404 Permit, Glacier National ERP No. D–SFW–K64017–CA Rating GMP Priority Projects Identified by the Park, A Portion of Waterton-Glacier EC2, Trinity River Mainstream Fishery States for FY 2000, Review of Federal International Peace Park, Flathead and Restoration, To Restore and Maintain Project Inventory—FY 2000 & FY 2001, Glacier Counties, MT, Due: March 31, the Natural Production of Anadromous and Discussion of Developing Support 2000, Contact: Mary Riddle (406) 888– Fish, Trinity and Humboldt Counties, for the GMP. 7898. CA. The meeting is open to the public. EIS No. 000033, Draft EIS, AFS, WA, Summary: While EPA supports the Dated: February 7, 2000. Deadman Creek Ecosystem Management preferred alternative, EPA did express Gloria D. Car, concern that additional mitigation Projects, Implementation, Kettle Falls Designated Federal Officer, Gulf of Mexico Ranger District, Colville National Forest, measures are needed to ensure full Program Office. protection of the environment, such as Ferry County, WA, Due: March 30, [FR Doc. 00–3211 Filed 2–10–00; 8:45 am] 2000, Contact: Wade Spang (509) 738– creation and restoration of cold water 6111. pool refugia and other cold water BILLING CODE 6560±50±P Dated: February 8, 2000. habitats. B. Katherine Biggs, ERP No. D–USN–C11017–NY Rating ENVIRONMENTAL PROTECTION EC2, Naval Weapons Industrial Reserve Associate Director, NEPA Compliance AGENCY Division, Office of Federal Activities. Plant Bethpage to Nassau County, Transfer and Reuse, Preferred Reuse [FRL±6535±4] [FR Doc. 00–3198 Filed 2–10–00; 8:45 am] Plan for the Property, Town of Oyster BILLING CODE 6560±50±P Board of Scientific Counselors, Bay, Nassau County, NY. Summary: EPA expressed Executive Committee Meeting environmental concerns due to potential ENVIRONMENTAL PROTECTION AGENCY: Environmental Protection issues related to air quality, ground AGENCY Agency (EPA). water, and site contamination/ ACTION: Notice of meeting. [ER±FRL±6251±1] remediation. EPA requested that these issues be clarified in the final EIS. SUMMARY: Pursuant to the Federal Environmental Impact Statements and Advisory Committee Act, Public Law Regulations; Availability of EPA Dated: February 8, 2000. B. Katherine Biggs, 92–463, as amended (5 U.S.C., App. 2) Comments notification is hereby given that the Associate Director, NEPA Compliance Availability of EPA comments Division, Office of Federal Activities. Environmental Protection Agency, Office of Research and Development prepared January 24, 2000 Through [FR Doc. 00–3199 Filed 2–10–00; 8:45 am] (ORD), Board of Scientific Counselors January 28, 2000 pursuant to the BILLING CODE 6560±50±U Environmental Review Process (ERP), (BOSC), will hold an Executive under Section 309 of the Clean Air Act Committee Meeting. and Section 102(2)(c) of the National ENVIRONMENTAL PROTECTION DATES: The Meeting will be held on Environmental Policy Act as amended. AGENCY February 28–29, 2000. On Monday, February 28, the meeting will begin at Requests for copies of EPA comments [FRL±6535±6] can be directed to the Office of 9:00 a.m., and will recess at 4:30 p.m. FEDERAL ACTIVITIES AT (202) 564– Gulf of Mexico Program Policy Review On Tuesday, February 29, the meeting 7167. Board Meeting will reconvene at 8:45 a.m. and adjourn An explanation of the ratings assigned at approximately 1:00 p.m. All times to draft environmental impact AGENCY: Environmental Protection noted are Eastern Time. statements (EISs) was published in FR Agency (EPA). ADDRESSES: The meeting will be held at datedApril 09, 1999 (63 FR 17856). ACTION: Notice of meeting. the Ronald Reagan Building, International Trade Center, Meridian SUMMARY: DRAFT EISs Under the Federal Advisory D&E Rooms, 1300 Pennsylvania ERP No. D–FHW–F40386–OH Rating Act, Public Law 92463, EPA gives notice Avenue, NW., Washington, DC. of a meeting of the Gulf of Mexico EC2, Meigs-124–21.16 Transportation SUPPLEMENTARY INFORMATION: Agenda Corridor, Relocating existing OH–124 Program (GMP) Policy Review Board (PRB). items will include, but not limited to: and US 33, MeigsCounty, OH. Discussion on ORD’s Particulate Summary: EPA concerns will be DATES: The PRB meeting will be held on Matter 2.5 Research Program and BOSC adequately addressed if the project’s Friday, March 3, 2000 from 8 a.m. to Subcommittee Draft Reports on forthcoming final EIS provides 4:30 p.m. Particulate Matter, and discussion of the additional detail on the project’s ADDRESSES: The meeting will be held at SAB and BOSC Subcommittee Review purpose and need statement and the the U.S. Environmental Protection of ORD’s Science to Achieve Results conceptual wetlands compensation Agency Region 4,Regional (STAR) Program. Anyone desiring a plan. Administrator’s Conference Room, 61 draft BOSC agenda may fax their request ERP No. D–FHW–F40387–OH Rating Forsyth Street, Fourteenth Floor, to Shirley R. Hamilton, (202) 565–2444. EC2, Lancaster Bypass (FAI-US 22/US Atlanta,Georgia 30303, telephone (404) The meeting is open to the public. Any 33–9.59/9.95) Construction, Funding, 562–8357. member of the public wishing to make Greenfield, Hocking, Berne and Pleasant FOR FURTHER INFORMATION CONTACT: a presentation at the meeting should Townships, Fairfield County, OH. Gloria D. Car, Designated Federal contact Shirley Hamilton, Designated Summary: EPA expressed Officer,Gulf of Mexico Program Office, Federal Officer, Office of Research and environmental concerns due to potential Building 1103, Room 202, Stennis Space Development (8701R), 1200 noise impacts and wetlands Center, MS 39529–6000 at (228) 688– Pennsylvania Avenue NW., Washington, compensation aspects. EPA requested 2421. DC 20460; or by

VerDate 272000 20:32 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7007 telephone at (202) 564–6853. In general, articles and substances, and to clarify EPA policy with respect to the each individual making an oral manufacturers, distributors, and any applicability of the ‘‘treated articles presentation will be limited to a total of other person selling or distributing exemption’’ and to provide examples of three minutes. pesticides used as preservatives to acceptable and unacceptable claims for FOR FURTHER INFORMATION CONTACT: protect treated articles from microbial use on labels and advertisements which Shirley R. Hamilton, Designated Federal deterioration. Since other entities may the Agency believes are consistent with Officer, U.S. Environmental Protection also be interested, the Agency has not 40 CFR 152.25(a). Agency, Office of Research and attempted to describe all the specific In the Federal Register of April 17, Development, NCERQA (MC 8701R), entities that may be affected by this 1998 (63 FR 19256) (FRL–5780–7), EPA 401 M Street, S.W., Washington, DC action. If you have any questions published a notice of availability of a 20460, (202) 564–6853. regarding the applicability of this action draft PR Notice soliciting comments on to a particular entity, consult the person proposed guidance clarifying the criteria Dated: February 7, 2000. listed in the ‘‘FOR FURTHER considered by EPA for determining Peter W. Preuss, INFORMATION CONTACT’’ section. whether antimicrobial pesticides are Director, National Center for Environmental eligible for the ‘‘treated articles Research and Quality Assurance. B. How Can I Get Additional exemption,’’ as well as to make it clear [FR Doc. 00–3209 Filed 2–10–00; 8:45 am] Information, Including Copies of this that the Agency continues to consider Document, and Other Related BILLING CODE 6560±50±M any public health claim as not being Documents? consistent with the provisions of 40 CFR 1. Electronically. You may obtain 152.25(a). Comments were to be ENVIRONMENTAL PROTECTION electronic copies of this document, and received by May 18, 1998. In the AGENCY certain other related documents, from Federal Register of May 18, 1998 (63 FR [OPP±00530B; FRL±6489±7] the Internet EPA Home page at http:// 27280) (FRL–00530A), EPA extended www.epa.gov/. To access this the comment period until June 30, 1998. Pesticides; Clarification of Treated document, on the Home Page select In response, the Agency received 107 Articles Exemption ‘‘Laws and Regulations’’ and then look comments to the draft PR Notice from a up the entry for this document under wide spectrum of the antimicrobial AGENCY: Environmental Protection the ‘‘Federal Register--Environmental community. This Federal Register Agency (EPA). Documents.’’ You can also go directly to notice announces the availability of PR ACTION: Notice of availability. the Federal Register listings at http:// Notice 2000–1 titled ‘‘Applicability of www.epa.gov/fedrgstr/. the Treated Articles Exemption to SUMMARY: EPA is announcing the 2. Fax-on-demand. You may request a Antimicrobial Pesticides.’’ availability of PR Notice 2000–1 faxed copy of the Pesticide Registration clarifying the Agency’s policy with (PR) Notice 2000–1 titled ‘‘Applicability III. Comments to the Draft Notice respect to the applicability of the of the Treated Articles Exemption to In developing PR Notice 2000–1, the ‘‘treated articles exemption’’ in 40 CFR Antimicrobial Pesticides’’ by using a Agency evaluated 107 comments 152.25(a) to antimicrobial pesticides. faxphone to call (202) 401–0527 and received in response to the April 17, The notice discusses EPA’s past and selecting item 6110. You may also 1998 draft notice. At the same time, present guidance on how treated articles follow the automated menu. treated article issues were discussed in and substances qualify for the two antimicrobial workshops and in II. Background exemption, as well as the distinction numerous meetings with individuals between public health and non-public The ‘‘treated articles exemption’’ in and representatives of the antimicrobial health antimicrobial claims, by 40 CFR 152.25(a) was promulgated in pesticide community. Among the providing specific examples of claims 1988. As provided by 40 CFR 152.25(a), principal concerns raised during these and related terms which the Agency in order to qualify for the ‘‘treated dialogs were the Agency’s position believes are or are not consistent with articles exemption,’’ (1) a product must regarding aesthetic claims and the 60– 40 CFR 152.25(a). This notice also be treated with a pesticide registered day time frame for compliance with any explains the requirement that the under FIFRA for incorporation into a new elements of the final notice. In pesticide in a treated article be specific treated article or substance, and evaluating these concerns, EPA has ‘‘registered for such use.’’ (2) the claims allowed for such come to the conclusion that properly FOR FURTHER INFORMATION CONTACT: treatment must be limited to protection worded aesthetic claims continue to fall Debbie Edwards, Senior Advisor, of the treated article only. If these two within the scope of the ‘‘treated articles Antimicrobial Division, Office of conditions are met, the product would exemption’’ because mitigation of non- Pesticide Programs, Environmental qualify for the ‘‘treated articles public health related organisms which Protection Agency, Ariel Rios Bldg., exemption’’ and would be exempt from are responsible for mildew and odors 1200 Pennsylvania Ave., NW., all FIFRA requirements. Since that time, can contribute to the protection of the Washington, DC 20460; telephone enforcement actions have been taken by appearance and maintenance of the number: (703) 308–7891; fax: (703) 308– EPA where it deemed necessary. The intended shelf life of the treated article 6467; e-mail: [email protected]. products involved in these actions were or substance. EPA has also been made dealt with so as to resolve individual aware of the complexities associated SUPPLEMENTARY INFORMATION: issues arising in each matter. In recent with the manufacture and distribution I. General Information years, however, a large variety of non- of treated paint and textile products and exempt antimicrobial treated products believes that February 11, 2001, would A. Does this Action Apply to Me? and substances with diverse claims have be an appropriate time frame for This action is directed to the public appeared in the marketplace. To address implementing any new elements of the in general. This action may, however, be this case-by-case approach and to avoid final notice. of interest to manufacturers, marketplace confusion, the Agency Other concerns were raised about the distributors, and any other person decided to provide comprehensive Agency’s position regarding the use of selling or distributing pesticide treated guidance as set forth in a PR Notice to terms such as ‘‘antibacterial,’’

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‘‘germicidal,’’ ‘‘antimicrobial,’’ and clarified by this notice as soon as pesticide chemicals in or on various ‘‘mildew-resistant’’ and the need for possible. food commodities. certain types of qualifying and Because some of the elements of this DATES: Comments, identified by docket prominent language displayed in interpretation may not have been well control number PF–915, must be association with these terms. EPA understood by the regulated received on or before March 13, 2000. continues to believe that the terms community, the Agency expects that ADDRESSES: Comments may be ‘‘antibacterial,’’ ‘‘germicidal’’ and some companies may need up to a year submitted by mail, electronically, or in similar language imply a public health in order to comply with those elements person. Please follow the detailed benefit regardless of the context in that have been clarified by this notice. instructions for each method as which they are used on the labeling and Therefore, for the present, the Agency is provided in Unit I.C. of the are thus, inappropriate for products following the approach set forth in the ‘‘SUPPLEMENTARY INFORMATION.’’ intended merely for the non-public April 17, 1998 Federal Register. To ensure proper receipt by EPA, it is health protection of treated articles and Although non-public health claims for imperative that you identify docket substances. On the other hand, the microbial odor control and mold and control number PF–915 in the subject Agency believes that while terms such mildew claims associated with line on the first page of your response. as ‘‘antimicrobial’’ and ‘‘mildew- deterioration, discoloration, and FOR FURTHER INFORMATION CONTACT: By resistant’’ have the same potential for staining were not specifically mail: Peg Perreault, Registration misinterpretation, if such terms are mentioned in the April 17, 1998 Federal Support Branch, Registration Division properly qualified and are not Register, such claims are also consistent (7505C), Office of Pesticide Programs, prominently displayed on the labeling, with the enforcement approach set forth Environmental Protection Agency, Ariel these terms would be acceptable for in that notice, as well as with this Rios Bldg., 1200 Pennsylvania Ave., articles and substances claiming the guidance, provided that they are NW., Washington, DC 20460; telephone exemption. properly, and very clearly, qualified as number: (703) 305–5417; e-mail address: Throughout its deliberations, EPA has to their non-public health use. The [email protected]. strived to develop clear guidance, Agency will begin to rely on the SUPPLEMENTARY INFORMATION: consistent with past and present Agency guidance provided in this notice on practice, to create a ‘‘level playing field’’ February 11, 2001. Products in I. General Information for all affected entities. Furthermore, commerce after that date would risk A. Does this Action Apply to Me? EPA believes that the provisions of PR being considered out of compliance Notice 2000–1 will have a minimum with 40 CFR 152.25(a). The Agency also You may be affected by this action if impact on small business entities, and wants to make it clear that inclusion of you are an agricultural producer, food the Agency is committed to continue to this date does not authorize marketing manufacturer or pesticide manufacturer. work closely with the antimicrobial of treated articles which do not comply Potentially affected categories and community and other affected parties in with EPA’s interpretation of the ‘‘treated entities may include, but are not limited cases where compliance with the articles exemption’’ in 40 CFR 152.25(a). to: requirements of this notice might The Agency has consistently interpreted present difficulties which are presently and applied this rule to prohibit implied unknown. or explicit public health claims for Cat- NAICS Examples of poten- IV. Contents of PR Notice 2000–1 unregistered products and continues to egories codes tially affected entities PR Notice 2000–1 clarifies the regard any public health claims as not Industry 111 Crop production conditions under which the ‘‘treated being consistent with the provisions of 40 CFR 152.25(a). 112 Animal production articles exemption’’ will apply and 311 Food manufacturing provides examples of acceptable and List of Subjects 32532 Pesticide manufac- unacceptable claims for use on labels Environmental protection. turing and advertisements which the Agency believes are consistent with 40 CFR Dated: February 4, 2000. This listing is not intended to be 152.25(a). PR Notice 2000–1 also Susan B. Hazen, exhaustive, but rather provides a guide discusses the requirement that the Acting Director, Office of Pesticide Programs. for readers regarding entities likely to be pesticide in a treated article be [FR Doc. 00–3219 Filed 2–10–00; 8:45 am] affected by this action. Other types of ‘‘registered for such use.’’ BILLING CODE 6560±50±F entities not listed in the table could also be affected. The North American V. Effective Date and Procedures Industrial Classification System In order to remain in compliance with ENVIRONMENTAL PROTECTION (NAICS) codes have been provided to FIFRA and avoid regulatory or AGENCY assist you and others in determining enforcement consequences as described, whether or not this action might apply [PF±915; FRL±6487±9] it is the Agency’s position that to certain entities. If you have questions producers, distributors, and any other Notice of Filing a Pesticide Petition to regarding the applicability of this action person selling or distributing pesticide Establish a Tolerance for Certain to a particular entity, consult the person treated articles and substances not in Pesticide Chemicals in or on Food listed under ‘‘FOR FURTHER compliance with the Agency’s INFORMATION CONTACT.’’ interpretation of 40 CFR 152.25(a), as AGENCY: Environmental Protection clarified by this notice, need to bring Agency (EPA). B. How Can I Get Additional Information, Including Copies of this their products, labeling and packaging, ACTION: Notice. any collateral literature, advertisements Document and Other Related or statements made or distributed in SUMMARY: This notice announces the Documents? association with the marketing of the initial filing of a pesticide petition 1. Electronically. You may obtain treated article or substance into full proposing the establishment of electronic copies of this document, and compliance with the regulation as regulations for residues of certain certain other related documents that

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Do not submit any information as follows proposing the establishment Documents.’’ You can also go directly to electronically that you consider to be and/or amendment of regulations for the Federal Register listings at http:// CBI. Avoid the use of special characters residues of a certain pesticide chemical www.epa.gov/fedrgstr/. and any form of encryption. Electronic in or on various food commodities 2. In person. The Agency has submissions will be accepted in under section 408 of the Federal Food, established an official record for this Wordperfect 6.1/8.0 or ASCII file Drug, and Comestic Act (FFDCA), 21 action under docket control number PF– format. All comments in electronic form U.S.C. 346a. EPA has determined that 915. The official record consists of the must be identified by docket control this petition contains data or documents specifically referenced in number PF–915. Electronic comments information regarding the elements set this action, any public comments may also be filed online at many Federal forth in section 408(d)(2); however, EPA received during an applicable comment Depository Libraries. has not fully evaluated the sufficiency period, and other information related to of the submitted data at this time or D. How Should I Handle CBI That I whether the data supports granting of this action, including any information Want to Submit to the Agency? claimed as confidential business the petition. Additional data may be information (CBI). This official record Do not submit any information needed before EPA rules on the petition. electronically that you consider to be includes the documents that are List of Subjects physically located in the docket, as well CBI. You may claim information that as the documents that are referenced in you submit to EPA in response to this Environmental protection, those documents. The public version of document as CBI by marking any part or Agricultural commodities, Feed the official record does not include any all of that information as CBI. additives, Food additives, Pesticides information claimed as CBI. The public Information so marked will not be and pests, Reporting and recordkeeping version of the official record, which disclosed except in accordance with requirements. includes printed, paper versions of any procedures set forth in 40 CFR part 2. Dated: January 27, 2000. electronic comments submitted during In addition to one complete version of James Jones, an applicable comment period, is the comment that includes any Director, Registration Division, Office of available for inspection in the Public information claimed as CBI, a copy of Pesticide Programs. Information and Records Integrity the comment that does not contain the Summary of Petition Branch (PIRIB), Rm. 119, Crystal Mall2, information claimed as CBI must be 1921 Jefferson Davis Highway, submitted for inclusion in the public The petitioner summary of the Arlington, VA, from 8:30 a.m. to 4 p.m., version of the official record. pesticide petition is printed below as Monday through Friday, excluding legal Information not marked confidential required by section 408(d)(3) of the holidays. The PIRIB telephone number will be included in the public version FFDCA. The summary of the petition is (703) 305–5805. of the official record without prior was prepared by the petitioner and notice. If you have any questions about represents the view of the petitioner. C. How and to Whom Do I Submit CBI or the procedures for claiming CBI, EPA is publishing the petition summary Comments? please consult the person identified verbatim without editing it in any way. You may submit comments through under ‘‘FOR FURTHER INFORMATION The petition summary announces the the mail, in person, or electronically. To CONTACT.’’ availability of a description of the ensure proper receipt by EPA, it is E. What Should I Consider as I Prepare analytical methods available to EPA for imperative that you identify docket My Comments for EPA? the detection and measurement of the control number PF–915 in the subject pesticide chemical residues or an line on the first page of your response. You may find the following explanation of why no such method is suggestions helpful for preparing your 1. By mail. Submit your comments to: needed. comments: Public Information and Records 1. Explain your views as clearly as BAYER Corporation Integrity Branch (PIRIB), Information possible. PP 8F4940 Resources and Services Division 2. Describe any assumptions that you (7502C), Office of Pesticide Programs used. EPA has received a pesticide petition (OPP), Environmental Protection 3. Provide copies of any technical (PP 8F4940) from BAYER Corporation, Agency, Ariel Rios Bldg., 1200 information and/or data you used that 8400 Hawthorn Road, P.O. Box 4913, Pennsylvania Ave., NW., Washington, support your views. Kansas City, MO 64120-0013 proposing, DC 20460. 4. If you estimate potential burden or pursuant to section 408(d) of the Federal 2. In person or by courier. Deliver costs, explain how you arrived at the Food, Drug, and Cosmetic Act (FFDCA), your comments to: Public Information estimate that you provide. 21 U.S.C. 346a(d), to amend 40 CFR part and Records Integrity Branch (PIRIB), 5. Provide specific examples to 180 by establishing a tolerance for Information Resources and Services illustrate your concerns. residues of imidacloprid in or on the Division (7502C), Office of Pesticide 6. Make sure to submit your raw agricultural commodities (RAC): Programs (OPP), Environmental comments by the deadline in this citrus fruit, citrus pulp, dried and the Protection Agency, Rm. 119, Crystal notice. leafy petiole subgroup (4-B) at 0.7, 5.0, Mall2, 1921 Jefferson Davis Highway, 7. To ensure proper receipt by EPA, and 6.0 parts per million (ppm), Arlington, VA. The PIRIB is open from be sure to identify the docket control respectively. EPA has determined that 8:30 a.m. to 4 p.m., Monday through number assigned to this action in the the petition contains data or information Friday, excluding legal holidays. The subject line on the first page of your regarding the elements set forth in

VerDate 272000 20:32 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 7010 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices section 408(d)(2) of the FFDCA; and juice as processed commodities. mg/kg/bwt). A 2–year mouse however, EPA has not fully evaluated The processing study showed a total carcinogenicity study that was negative the sufficiency of the submitted data at residue for imidacloprid and for carcinogenic effects under this time or whether the data supports metabolites of 1.42 ppm (7.5x conditions of the study and had a granting of the petition. Additional data concentration) in dried pulp and no NOAEL of 1,000 ppm (208 mg/kg/day). may be needed before EPA rules on the concentration of total residue of Imidacloprid has been classified under petition. imidacloprid and metabolites in both ‘‘Group E’’ (no evidence of orange juice and oil (0.05 ppm). A. Residue Chemistry carcinogenicity) by EPA’s OPP/HED’s ii. Leaf petioles subgroup vegetables. Reference Dose (RfD) Committee. There 1. Plant metabolism. The nature of the Twelve residue crop field trials on is no cancer risk associated with imidacloprid residue in plants is celery were conducted to evaluate the exposure to this chemical. The RfD adequately understood. The residues of quantity of imidacloprid expected in based on the 2–year rat feeding/ concern are combined residues of members of the leaf petiole vegetable carcinogenic study with a NOAEL of 5.7 imidacloprid and it metabolites subgroup from Admire 2 Flowable mg/kg/bwt and 100-fold uncertainty containing the 6-chloropyridinyl applications. These trials, which factor, is calculated to be 0.057 mg/kg/ moiety, all calculated as imidacloprid. compared plant drench, soil sidedress bwt. 2. Analytical method. The analytical and in-furrow at transplant applications, 6. Animal metabolism. The method is a common moiety method for were conducted in EPA Regions III, V, metabolism of imidacloprid in rats was imidacloprid and its metabolites VI, X, and XI. Imidacloprid residues in reported in seven studies. Data in these containing the 6-chloropyridinyl moiety untrimmed celery stalks were studies show that imidacloprid was using a permanganate oxidation, silyl quantitated by using a GC/MC. The LOQ rapidly absorbed and eliminated in the derivatization, and capillary gas was 0.05 ppm. Total residue values excreta (90% of the dose within 24 chromatography mass spectrometry ranged from 0.13 to 5.62 ppm. hours), demonstrating no biologically (GC/MS) selective ion monitoring. This significant differences between sexes, method has successfully passed a B. Toxicological Profile dose levels, or route of administration. petition method validation in EPA labs. 1. Acute toxicity. The acute oral LD 50 Elimination was mainly renal (70-80% There is a confirmatory method values for imidacloprid technical ranged of the dose) and fecal (17-25%). The specifically for imidacloprid and several from 424 - 475 milligrams/kilograms/ major part of the fecal activity metabolites utilizing GC/MS and high body weight (mg/kg/bwt) in the rat. The originated in the bile. Total body performance liquid chromotography acute dermal LD was greater than 50 accumulation after 48 hours consisted of using ultra-violet detection (HPLC-UV) 5,000 mg/kg in rats. The 4–hour rat 0.5% of the radioactivity with the liver, which has been validated by EPA as inhalation LC was 69 mg/m3 air 50 kidney, lung, skin and plasma being the well. Imidacloprid and its metabolites (aerosol). Imidacloprid was not irritating major sites of accumulation. Therefore, are stable for at least 24 months in the to rabbit skin or eyes. Imidacloprid did bioaccumulation of imidacloprid is low commodities when frozen. not cause skin sensitization in guinea in rats. Maximum plasma concentration 3. Magnitude of residues—i. Citrus. pigs. Forty-three residue crop field trials (23 2. Genotoxicity. Extensive was reached between 1.1 and 2.5 hours. foliar applications and 20 soil mutagenicity studies conducted to Two major routes of biotransformation applications) were conducted to investigate point and gene mutations, were proposed for imidacloprid. The evaluate the quantity of imidacloprid DNA damage and chromosomal first route included an oxidative expected in citrus from Admire 2, aberration, both using in vitro and in cleavage of the parent compound Flowable and Provado 1.6 applications. vivo test systems show imidacloprid to rendering 6-chloronicotinic acid and its These trials were conducted in EPA be non-genotoxic. glycine conjugate. Dechlorination of this Regions III, VI, and X. Imidacloprid 3. Reproductive and developmental metabolite formed the 6- residues in citrus whole fruit (oranges, toxicity. A 2-generation rat reproduction hydroxynicotinic acid and its grapefruit, and lemons) were study gave a no-observed adverse effect mercapturic acid derivative. The second quantitated by GC using a MS detector. level (NOAEL) of 100 ppm (8 mg/kg/ route included the hydroxylation The limit of quantitation (LOQ) was bwt). Rat and rabbit developmental followed by elimination of water from 0.05 ppm. The highest average field trial toxicity studies were negative at doses the parent compound. (HAFT) was 0.61 ppm in oranges. A up to 30 mg/kg/bwt and 24 mg/kg/bwt, 7. Metabolite toxicology. Several processing study at 5 times the respectively. metabolites of imidacloprid have been maximum recommended label use rate 4. Subchronic toxicity. Ninety-day investigated for acute toxicity and was conducted to evaluate the quantity feeding studies were conducted in rats genotoxicity. No evidence for of imidacloprid and metabolite residue and dogs. The NOAELs for these tests genotoxicity was found, and acute in orange processed commodities were 14 mg/kg bwt/day (150 ppm) and toxicity values for all metabolites following treatment of orange trees with 5 mg/kg bwt/day (200 ppm) for the rat studied ranged from slightly more toxic Admire 2F. Harvested whole oranges and dog studies, respectively. to significantly less toxic than parent were processed into dried pulp, oil, 5. Chronic toxicity. A 2-year rat imidacloprid. molasses, and juice using procedures feeding/carcinogenicity study was 8. Endocrine disruption. The which simulated commercial orange negative for carcinogenic effects under toxicology data base for imidacloprid is processing practices. Imidacloprid and the conditions of the study and had a current and complete. Studies in this metabolite residues in orange whole NOAEL of 100 ppm (5.7 mg/kg/bwt in data base include evaluation of the fruit and orange processed commodities male and 7.6 mg/kg/bwt female) for potential effects on reproduction and were quantitated by GC using a MS noncarcinogenic effects that included development, and an evaluation of the detector. Total residue of imidacloprid decreased bwt gain in females at 300 pathology of the endocrine organs and metabolites in orange whole fruit ppm and increased thyroid lesions in following short-term or long-term was 0.19 ppm. EPA’s Table 1 - RAC and males at 300 ppm and females at 900 exposure. These studies revealed no processed commodities and feedstuffs ppm. A 1–year dog feeding study primary endocrine effects due to derived from crops lists dried pulp, oil, indicated a NOAEL of 1,250 ppm (41 imidacloprid.

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C. Aggregate Exposure exceed the RfD for any subpopulation, following treatment. Residues of 1. Dietary exposure—i. Food. For including infants and children. imidacloprid in cured tobacco following ii. Drinking water. EPA has purposes of assessing the potential acute treatment were a maximum of 31 ppm determined that imidacloprid is and chronic dietary exposure, Bayer has (7 ppm in fresh leaves). When this persistent and could potentially leach estimated exposure based on the tobacco was burned in a pyrolysis into groundwater. However, there is no theoretical maximum residue study, only 2% of the initial residue was established maximum contamination contribution (TMRC). The TMRC is recovered in the resulting smoke (main level (MCL) or health advisory levels obtained by using a model which stream plus side stream). This would established for imidacloprid in drinking multiplies the tolerance level residue for result in an inhalation exposure to water. EPA’s ‘‘Pesticides in imidacloprid from smoking of each commodity by consumption data. Groundwater Database’’ has no entry for approximately 0.0005 mg per cigarette. The consumption data, based on the imidacloprid. In addition, Bayer is not Using the measured subacute rat NFCS 1989-92 data base, estimates the aware of imidacloprid being detected in inhalation NOAEL of 5.5 mg/m3, it is amount of each commodity and any ponds, lakes, streams, etc. from its apparent that exposure to imidacloprid products derived from the commodities use in the United States. Groundwater from smoking (direct and/or indirect that are eaten by the U.S. population monitoring studies conducted in exposure) would not be significant. and various population subgroups. California, Michigan, and Long Island iv. Pet treatment. Human exposure a. Acute. For acute dietary exposure over the past 2 years have found from the use of imidacloprid to treat the model calculates a margin of maximum concentrations to be only dogs and cats for fleas has been exposure (MOE) by dividing the 0.0001, 0.0002, and 0.0019 milligrams/ addressed by EPA’s OREB who have estimated human exposure into the liter (mg/L), respectively. Therefore, concluded that due to the fact that NOAEL from the appropriate animal contributions to the dietary burden from imidacloprid is not an inhalation or study. Commonly, EPA finds MOEs residues of imidacloprid in water would dermal toxicant and that while dermal lower than 100 to be unacceptable. EPA be inconsequential. absorption data are not available, has determined that a NOAEL of 24 mg/ 2. Non-dietary exposure—i. imidacloprid is not considered to kg/day from a developmental toxicity Residential turf. Bayer has conducted an present a hazard via the dermal route. study in rabbits should be used to assess exposure study to address the potential acute toxicity. exposures of adults and children from D. Cumulative Effects The MOE for imidacloprid derived contact with imidacloprid treated turf. No other chemicals having the same from previously established tolerances, The population considered to have the mechanism of toxicity are currently pending tolerances, plus the proposed greatest potential exposure from contact registered, therefore, there is no risk use on citrus and the leaf petiole with pesticide treated turf soon after from cumulative effects from other subgroup would be 366 for the U.S. pesticides are applied are young substances with a common mechanism population (48 contiguous States), 323 children. Margins of safety (MOS) of of toxicity. for non-nursing infants, 101 for children 7,587 - 41,546 for 10–year old children E. Safety Determination (ages 1–6 years), 420 for children (ages and 6,859 - 45,249 for 5–year old 7–12 years), 622 for males 13+ years, children were estimated by comparing 1. U.S. population. Using the and 554 for females 13+ years at the dermal exposure doses to the conservative exposure assumptions 99.9 percentile. These MOEs do not imidacloprid NOAEL of 1,000 mg/kg/ described under aggregate exposure and exceed EPA’s level of concern for acute day established in a 15–day dermal based on the completeness and dietary exposure. toxicity study in rabbits. The estimated reliability of the toxicity data, it can be b. Chronic. For purposes of assessing safe residue levels of imidacloprid on concluded that total aggregate exposure the potential chronic dietary exposure, treated turf for 10–year old children to imidacloprid from all current uses the model uses the RfD which EPA has ranged from 5.6 - 38.2 g/cm2 and for 5– including those currently proposed will determined to be 0.057 mg/kg/day. This year old children from 5.1 - 33.5 g/cm2. utilize little more than 14.3% of the RfD is based on the 2–year rat feeding/ This compares with the average for the U.S. population from food, carcinogenic study with a NOAEL of 5.7 imidacloprid transferable residue level water, and non-occupational sources. mg/kg/bwt and 100-fold uncertainty of 0.080 g/cm2 present immediately after EPA generally has no concern for factor. In conducting this exposure the sprays have dried. These data exposures below 100% of the RfD, assessment, very conservative indicate that children can safely contact because the RfD represents the level at assumptions (100% of all commodities imidacloprid-treated turf as soon after or below which daily aggregate contain imidacloprid residues and those application as the spray has dried. exposure over a lifetime will not pose residues are at the level of the tolerance) ii. Termiticide. Imidacloprid is appreciable risks to human health. In result in a large overestimate of human registered as a termiticide. Due to the addition, the MOEs for all population exposure. nature of the treatment for termites, groups does not exceed EPA’s level of Using these conservative exposure would be limited to that from concern for acute dietary exposure. assumptions, the TMRC for inhalation and was evaluated by EPA’s Thus, it can be concluded that there is imidacloprid derived from previously Occupational and Residential Exposure a reasonable certainty that no harm will established tolerances, pending Branch (OREB) and Bayer. Data indicate result from aggregate exposure to tolerances, plus the proposed use on that the MOS for the worst case imidacloprid residues. citrus and leaf petiole subgroup would exposures for adults and infants 2. Infants and children. In assessing be 0.008149 mg/kg bwt/day (14.3% of occupying a treated building who are the potential for additional sensitivity of the RfD) for the U.S. population (48 exposed continuously (24 hours/day) infants and children to residues of contiguous States) and 0.018367 mg/kg are 8.0 x 107 and 2.4 x 108, respectively; imidacloprid, the data from bwt/day (32.2% of the RfD) for the most exposure can thus be considered developmental studies in both rat and highly exposed population subgroup, negligible. rabbit and a 2-generation reproduction children (1–6 years old). Therefore, iii. Tobacco smoke. Studies have been study in the rat have been considered. chronic dietary exposure from the conducted to determine residues in The developmental toxicity studies existing and proposed uses will not tobacco and the resulting smoke evaluate potential adverse effects on the

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 7012 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices developing animal resulting from ENVIRONMENTAL PROTECTION scientists in the future. Information pesticide exposure of the mother during AGENCY regarding the peer review process will be published in a Federal Register prenatal development. The reproduction [FRL±6535±1] study evaluates effects from exposure to notice closer to the date of the review. the pesticide on the reproductive Notice of Availability: Announcing the All public comments should be capability of mating animals through availability of a new draft guidance received by August 9, 2000, to be two generations, as well as any observed document entitled Screening Level considered by the Agency. The public systemic toxicity. Ecological Risk Assessment Protocol comments will be for the Agency’s evaluation only and are not intended to FFDCA section 408 provides that EPA for Hazardous Waste Combustion Facilities be part of the peer review process. To may apply an additional safety factor for ensure an efficient public comment infants and children in the case of AGENCY: Environmental Protection review and resolution process, EPA threshold effects to account for prenatal Agency. recommends that the comments be and postnatal effects and the ACTION: Notice of document availability supplied in the following format. All completeness of the toxicity data base. and public comment period. comments should be individually Based on current toxicological data identified and a proposed resolution (or requirements, the toxicology database SUMMARY: The Environmental Protection action) be recommended. In addition, for imidacloprid relative to prenatal and Agency (‘‘EPA’’ or ‘‘the Agency’’) is any supporting information or reference providing notice that the following draft postnatal effects is complete. Further for materials which corroborate the guidance document Screening Level imidacloprid, the NOAEL of 5.7 mg/kg/ comment and or proposed resolution Ecological Risk Assessment Protocol for should be furnished as well. All bwt from the 2–year old rat feeding/ Hazardous Waste Combustion Facilities carcinogenic study, which was used to information supplied should be in (Peer Review Draft) is available and an English or accompanied by an English calculate the RfD (discussed above), is 180-day public review period of the already lower than the NOAELs from translation. All comments received from document will begin today. both the public and the peer review will the developmental studies in rats and This document contains the Office of be considered during finalization of this rabbits by a factor of 4.2 to 17.5 times. Solid Waste’s recommended approach guidance document. Since a 100-fold uncertainty factor is for conducting site-specific ecological already used to calculate the RfD, it is risk assessments on hazardous waste DATES: Public comments on the surmised that an additional uncertainty combustors regulated under the RCRA document Screening Level Ecological factor is not warranted and that the RfD program. The document includes Risk Assessment Protocol for Hazardous Waste Combustion Facilities should be at 0.057 mg/kg bwt/day is appropriate specific parameters, pathways and received by the docket no later than for assessing aggregate risk to infants algorithms to evaluate both direct and August 9, 2000. and children. indirect risks to ecological receptors. The goal of this guidance document is FOR FURTHER INFORMATION CONTACT: For Using the conservative exposure to develop a consistent and credible further information contact the RCRA assumptions described above under methodology for conducting ecological Hotline at (800) 424–9346 or TDD (800) aggregate exposure, Bayer has risk assessments at hazardous waste 553–7672 (hearing impaired). In the determined from a chronic dietary combustion facilities. The results of the Washington, DC metropolitan area, call analysis that the percent of the RfD risk assessments will give an (703) 412–9810 or TDD (703) 412–3323. utilized by aggregate exposure to understanding of the potential For specific questions on residues of imidacloprid ranges from ecological risks associated with implementation of the methods 9.3% for nursing infants up to 32.2% for emissions from those facilities. described in this document, please children (1–6 years old). EPA generally On October 30, 1998, EPA announced contact your RCRA regulatory authority; has no concern for exposure below in the Federal Register (FR Doc. 98– for other questions contact Karen 100% of the RfD. In addition, the MOEs 29157) the availability of this Pollard, Office of Solid Waste, 5307W for all infant and children population documents’ companion document, U.S. Environmental Protection Agency, groups do not exceed EPA’s level of Human Health Risk Assessment 401 M Street, SW, Washington, DC concern for acute dietary exposure. Protocol for Hazardous Waste 20460; phone: (703) 308–3948; e-mail: Therefore, based on the completeness Combustion Facilities (Peer Review Pollard.Karen@EPA mail.EPA.gov. and reliability of the toxicity data and Draft—EPA530–D–98–001A, B & C). ADDRESSES: Commenters must send the the conservative exposure assessment, OSW recommends that RCRA original and two copies of their there is a reasonable certainty that no permitting authorities consider these comments referencing docket number harm will result to infants and children documents together when conducting F–1999–SLRA–FFFFF to: RCRA from aggregate exposure to the residues risk assessments on hazardous waste Information Center (RIC), Office of Solid of imidacloprid, including all combustor emissions. The results of Waste (5305G), U.S. Environmental Protection Agency Headquarters (EPA, anticipated dietary exposure and all these risk assessments can provide a HQ), 401 M Street, S.W., Washington, other non-occupational exposures basis for risk management decisions in the permitting of hazardous waste DC 20460. Comments submitted F. International Tolerances combustors and help to ensure that the electronically should be identified by operation of hazardous waste the docket number F–1999–SLRA– No CODEX maximum residue levels combustion facilities will be protective FFFFF and submitted to: RCRA– have been established for residues of of human health and the environment. [email protected]. EPA’s Office Imidacloprid on any crops at this time. This document has undergone of Solid Waste (OSW) also accepts data [FR Doc. 00–3220 Filed 2–10–00; 8:45 am] extensive internal Agency review. It is on disks in Wordperfect 6.1 file format. BILLING CODE 6560±50±F Agency policy that documents such as EPA is asking prospective commenters this be subject to peer review as well. to voluntarily submit one additional EPA expects to have the document copy of their comments on labeled reviewed by a group of independent personal computer diskettes in ASCII

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(TEXT) format (with no special Dated: January 19, 2000. States Environmental Protection characters or any form of encryption) or Elizabeth A. Cotsworth, Agency, EPA-New England, One a word processing format that can be Director, Office of Solid Waste. Congress, Suite 1100, Boston, MA converted to ASCII (TEXT). It is [FR Doc. 00–3217 Filed 2–10–00; 8:45 am] 02114. A copy of the proposed essential to specify on the disk label the BILLING CODE 6560±50±P settlement may be obtained from word processing software and version/ Barbara O’Toole, Responsible Party edition as well as the commenter’s Coordinator, United States EPA, Region name. This will allow EPA to convert ENVIRONMENTAL PROTECTION 1, One Congress Street, Suite 1100 the comments into one of the word AGENCY (HBS), Boston, MA 02114, (617) 918– processing formats utilized by the 1408. Comments should reference the Agency. Please use mailing envelopes [FRL±6534±6] Surrette America Battery Removal Site, designed to physically protect the Proposed CERCLA Administrative Northfield, New Hampshire and EPA submitted diskettes. EPA emphasizes Cost Recovery Settlement; Surrette Docket No. CERCLA 1–99–0045 and that submission of comments on America Battery Removal Site, should be addressed to Barbara O’Toole, diskettes is not mandatory, nor will it Northfield, NH Responsible Party Coordinator, United result in any advantage or disadvantage States EPA, EPA-New England, One to any commenter. This expedited AGENCY: Environmental Protection Congress Street, Suite 1100 (HBS), procedure is in conjunction with the Agency. Boston, MA 02114. Agency ‘‘Paperless Office’’ campaign. ACTION: Notice, request for public FOR FURTHER INFORMATION CONTACT: Commenters should not submit any comment. Barbara O’Toole, Responsible Party confidential business information (CBI) Coordinator, United States EPA, Region electronically. An original and two SUMMARY: In accordance with 122(i) of 1, One Congress Street, Suite 1100 copies of the CBI must be submitted the Comprehensive Environmental (HBS), Boston, MA 02114, (617) 918– under separate cover to: Regina Magbie, Response, Compensation, and Liability 1408. RCRA CBI Document Control Officer, Act, as amended (‘‘CERCLA’’), 42 U.S.C. Dated: January 27, 2000. Office of Solid Waste (5305W), U.S. 9622(i), notice is hereby given of a EPA, 401 M Street S.W., Washington, proposed administrative settlement for Patricia L. Meaney, DC 20460. recovery of past response costs Director, Office of Site Remediation and Public comment and supporting concerning the Surrette America Battery Restoration. materials will be made available for Removal Site, Northfield, New [FR Doc. 00–3210 Filed 2–10–00; 8:45 am] viewing from 9 a.m. to 4 p.m., Monday Hampshire with the following settling BILLING CODE 6560±50±M through Friday (except Federal parties: Clark H. Neill, Surrette Storage holidays) in the RIC, located at Crystal Battery Co., Inc., and C&J Neill, Inc. The Gateway One, 1235 Jefferson Davis settlement requires the settling parties FEDERAL EMERGENCY Highway, First Floor, Arlington, to pay $10,000 to the Hazardous MANAGEMENT AGENCY Virginia. To review docket materials, Substance Superfund. The settlement [FEMA±1311±DR] the public must make an appointment includes a covenant not to sue the by calling (703) 603–9230. The public settling parties pursuant to sections 106 Georgia; Major Disaster and Related may copy a maximum of 100 pages from and 107(a) of CERCLA, 42 U.S.C. 9606 Determinations any regulatory docket at no charge. and 9607(a). For thirty (30) days Additional copies cost $0.15 per page. following the date of publication of this AGENCY: Federal Emergency The docket index and notice are notice, the United States Environmental Management Agency (FEMA). available electronically. See the Protection Agency will receive written ACTION: Notice. ‘‘Supplementary Information’’ section comments relating to the settlement. for information on accessing it. The United States Environmental SUMMARY: This is a notice of the SUPPLEMENTARY INFORMATION: For paper Protection Agency will receive written Presidential declaration of a major or CD–ROM copies of the guidance comments relating to the settlement. disaster for the State of Georgia (FEMA– document, please contact the RCRA The United States Environmental 1311–DR), dated January 28, 2000, and Information Center (RIC), Office of Solid Protection Agency will consider all related determinations. Waste (5305G), U.S. Environmental comments received and may modify or EFFECTIVE DATE: January 28, 2000. Protection Agency Headquarters (EPA, withdraw its consent to the settlement FOR FURTHER INFORMATION CONTACT: HQ), 401 M Street, S.W., Washington, if comments received disclose facts or Madge Dale, Response and Recovery DC 20460, (703) 603–9230. The considerations which indicate that the Directorate, Federal Emergency document is a three volume set, with settlement is inappropriate, improper, Management Agency, Washington, DC document numbers of: EPA530–D–99– or inadequate. The United States 20472, (202) 646–3772. Environmental Protection Agency’s 001A: Methodologies; EPA530–D–99– SUPPLEMENTARY INFORMATION: Notice is 001B: Appendices A & B; and EPA530– response to any comments received will be available for public inspection at hereby given that, in a letter dated D–99–001C: Appendices C–H. CD–ROM January 28, 2000, the President declared copies of this document may also be Hall’s Memorial Library, 18 Park Street, Northfield, New Hampshire, and United a major disaster under the authority of obtained from the RCRA Hotline at (800) the Robert T. Stafford Disaster Relief 424–9346 or TDD (800) 553–7672 States Environmental Protection Agency, EPA-New England, One and Emergency Assistance Act (42 (hearing impaired). In the Washington, U.S.C. 5121 et seq.), as follows: DC metropolitan area, call (703) 412– Congress Street, Suite 1100, Boston, MA 02114. I have determined that the damage in 9810 or TDD (703) 412–3323. The certain areas of the State of Georgia, resulting DATES: Comments must be submitted on document is also available in electronic from a severe winter storm beginning on format on the world wide web at:http:/ or before March 13, 2000. January 22, 2000, and continuing is of /www.epa.gov/epaoswer/hazwaste/ ADDRESSES: The proposed settlement is sufficient severity and magnitude to warrant combust/riskhtm. available for public inspection at United a major disaster declaration under the Robert

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T. Stafford Disaster Relief and Emergency FEDERAL EMERGENCY SUPPLEMENTARY INFORMATION: The notice Assistance Act, P.L. 93–288, as amended MANAGEMENT AGENCY of a major disaster for the State of (‘‘the Stafford Act’’). I, therefore, declare that Georgia is hereby amended to include [FEMA±1311±DR] such a major disaster exists in the State of the following areas among those areas Georgia. In order to provide Federal assistance, you Georgia; Amendment No. 3 to Notice of determined to have been adversely are hereby authorized to allocate from funds a Major Disaster Declaration affected by the catastrophe declared a available for these purposes, such amounts as major disaster by the President in his you find necessary for Federal disaster AGENCY: Federal Emergency declaration of January 28, 2000: assistance and administrative expenses. Management Agency (FEMA). Butts, Clarke, Haralson, Henry, Jackson, You are authorized to provide assistance ACTION: Notice. Jasper, Lamar, Pike, Spalding, Taliaferro, and for debris removal (Category A) and Upson counties for debris removal (Category emergency protective measures (Category B) SUMMARY: This notice amends the notice A), emergency protective measures (Category including direct Federal assistance under of a major disaster for the State of B), and utilities (Category F), under the Public Assistance, and Hazard Mitigation in Georgia (FEMA–1311–DR), dated Public Assistance program. the designated areas and any other forms of January 28, 2000, and related (The following Catalog of Federal Domestic assistance under the Stafford Act you may determinations. deem appropriate. Consistent with the Assistance Numbers (CFDA) are to be used requirement that Federal assistance be EFFECTIVE DATE: February 1, 2000. for reporting and drawing funds: 83.537, Community Disaster Loans; 83.538, Cora supplemental, any Federal funds provided FOR FURTHER INFORMATION CONTACT: under the Stafford Act for Public Assistance, Brown Fund Program; 83.539, Crisis Madge Dale, Response and Recovery Counseling; 83.540, Disaster Legal Services including direct Federal assistance, or Directorate, Federal Emergency Hazard Mitigation will be limited to 75 Program; 83.541, Disaster Unemployment percent of the total eligible costs. Management Agency, Washington, DC Assistance (DUA); 83.542, Fire Suppression Further, you are authorized to make 20472, (202) 646–3772. Assistance; 83.543, Individual and Family Grant (IFG) Program; 83.544, Public changes to this declaration to the extent SUPPLEMENTARY INFORMATION: Notice is allowable under the Stafford Act. Assistance Grants; 83.545, Disaster Housing hereby given that the incident period for Program; 83.548, Hazard Mitigation Grant Notice is hereby given that pursuant this disaster is closed effective February Program.) to the authority vested in the Director of 1, 2000. Lacy E. Suiter, the Federal Emergency Management (The following Catalog of Federal Domestic Agency under Executive Order 12148, I Assistance Numbers (CFDA) are to be used Executive Associate Director, Response and hereby appoint Theodore A. Monette, Jr. for reporting and drawing funds: 83.537, Recovery Directorate. of the Federal Emergency Management Community Disaster Loans; 83.538, Cora [FR Doc. 00–3229 Filed 2–10–00; 8:45 am] Agency to act as the Federal Brown Fund Program; 83.539, Crisis BILLING CODE 6718±02±P Coordinating Officer for this declared Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment disaster. Assistance (DUA); 83.542, Fire Suppression FEDERAL EMERGENCY I do hereby determine the following Assistance; 83.543, Individual and Family MANAGEMENT AGENCY areas of the State of Georgia to have Grant (IFG) Program; 83.544, Public been affected adversely by this declared Assistance Grants; 83.545, Disaster Housing [FEMA±1312±DR] major disaster: Program; 83.548, Hazard Mitigation Grant Program) North Carolina; Major Disaster and Debris removal (Category A) and Related Determinations emergency protective measures, (Category B), Lacy E. Suiter, including direct Federal assistance, for the Executive Associate Director, Response and AGENCY: Federal Emergency counties of Banks, Barrow, Bartow, Recovery Directorate. Management Agency (FEMA). Chattooga, Cherokee, Cobb, Dawson, DeKalb, [FR Doc. 00–3228 Filed 2–10–00; 8:45 am] ACTION: Notice. Elbert, Fannin, Forsyth, Franklin, Fulton, BILLING CODE 6718±02±P Gilmer, Gordon, Gwinnett, Habersham, Hall, SUMMARY: This is a notice of the Hart, Lumpkin, Newton, Oconee, Paulding, Presidential declaration of a major Pickens, Rabun, Stephens, Union, Walker, disaster for the State of North Carolina White, and Wilkes. FEDERAL EMERGENCY All counties within the State of MANAGEMENT AGENCY (FEMA–1312–DR), dated January 31, 2000, and related determinations. Georgia are eligible to apply for [FEMA±1311±DR] assistance under the Hazard Mitigation EFFECTIVE DATE: January 31, 2000. Grant Program. Georgia; Amendment No. 4 to Notice of FOR FURTHER INFORMATION CONTACT: (The following Catalog of Federal Domestic a Major Disaster Declaration Madge Dale, Response and Recovery Assistance Numbers (CFDA) are to be used Directorate, Federal Emergency AGENCY: Federal Emergency Management Agency, Washington, DC for reporting and drawing funds: 83.537, Management Agency (FEMA). Community Disaster Loans; 83.538, Cora 20472, (202) 646–3772. ACTION: Notice. Brown Fund Program; 83.539, Crisis SUPPLEMENTARY INFORMATION: Notice is Counseling; 83.540, Disaster Legal Services SUMMARY: This notice amends the notice hereby given that, in a letter dated Program; 83.541, Disaster Unemployment January 31, 2000, the President declared Assistance (DUA); 83.542, Fire Suppression of a major disaster for the State of Assistance; 83.543, Individual and Family Georgia, (FEMA–1311–DR), dated a major disaster under the authority of Grant (IFG) Program; 83.544, Public January 28, 2000, and related the Robert T. Stafford Disaster Relief Assistance Grants; 83.545, Disaster Housing determinations. and Emergency Assistance Act (42 Program; 83.548, Hazard Mitigation Grant U.S.C. 5121 et seq.), as follows: EFFECTIVE DATE: February 3, 2000. Program) I have determined that the damage in FOR FURTHER INFORMATION CONTACT: James L. Witt, certain areas of the State of North Carolina, Madge Dale, Response and Recovery resulting from a severe winter storm Director. Directorate, Federal Emergency beginning on January 24, 2000, and [FR Doc. 00–3227 Filed 2–10–00; 8:45 am] Management Agency, Washington, DC continuing, is of sufficient severity and BILLING CODE 6718±01±P 20472, (202) 646–3772. magnitude to warrant a major disaster

VerDate 272000 21:36 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7015 declaration under the Robert T. Stafford FEDERAL EMERGENCY FEDERAL EMERGENCY Disaster Relief and Emergency Assistance MANAGEMENT AGENCY MANAGEMENT AGENCY Act, P.L. 93–288, as amended (‘‘the Stafford Act’’). I, therefore, declare that such a major [FEMA±1313±DR] disaster exists in the State of North Carolina. [FEMA±1312±DR] In order to provide Federal assistance, you South Carolina; Major Disaster and North Carolina; Amendment No. 1 to are hereby authorized to allocate from funds Related Determinations available for these purposes, such amounts as Notice of a Major Disaster Declaration AGENCY: Federal Emergency you find necessary for Federal disaster AGENCY: Federal Emergency Management Agency (FEMA). assistance and administrative expenses. Management Agency (FEMA). You are authorized to provide assistance ACTION: Notice. for debris removal (Category A) and ACTION: Notice. emergency protective measures (Category B) SUMMARY: This is a notice of the SUMMARY: under Public Assistance, and Hazard This notice amends the notice Presidential declaration of a major Mitigation in the designated areas and any of a major disaster for the State of North disaster for the State of South Carolina other forms of assistance under the Stafford Carolina, (FEMA–1312–DR), dated (FEMA–1313-DR), dated January 31, Act you may deem appropriate. Consistent January 31, 2000, and related 2000, and related determinations. with the requirement that Federal assistance determinations. EFFECTIVE DATE: January 31, 2000. be supplemental, any Federal funds provided EFFECTIVE DATE: February 2, 2000. FOR FURTHER INFORMATION CONTACT: under the Stafford Act for Public Assistance or Hazard Mitigation will be limited to 75 FOR FURTHER INFORMATION CONTACT: Madge Dale, Response and Recovery percent of the total eligible costs. Madge Dale, Response and Recovery Directorate, Federal Emergency Further, you are authorized to make Directorate, Federal Emergency Management Agency, Washington, DC changes to this declaration to the extent Management Agency, Washington, DC 20472, (202) 646–3772. allowable under the Stafford Act. 20472, (202) 646–3772. SUPPLEMENTARY INFORMATION: Notice is SUPPLEMENTARY INFORMATION: The notice hereby given that, in a letter dated Notice is hereby given that pursuant of a major disaster for the State of North January 31, 2000, the President declared to the authority vested in the Director of Carolina is hereby amended to close the a major disaster under the authority of the Federal Emergency Management incident period and to include Utilities, the Robert T. Stafford Disaster Relief Agency under Executive Order 12148, I Category F, under Public Assistance for and Emergency Assistance Act (42 hereby appoint Carlos N. Mitchell of the the following areas among those areas U.S.C. 5121 et seq.), as follows: Federal Emergency Management Agency determined to have been adversely to act as the Federal Coordinating I have determined that the damage in affected by the catastrophe declared a Officer for this declared disaster. certain areas of the State of South Carolina, major disaster by the President in his resulting from a severe winter storm I do hereby determine the following declaration of January 31, 2000: beginning on January 22, 2000, and areas of the State of North Carolina to continuing is of sufficient severity and have been affected adversely by this Alamance, Anson, Cabarrus, Caswell, magnitude to warrant a major disaster declared major disaster: Chatham, Davidson, Durham, Franklin, declaration under the Robert T. Stafford Granville, Guilford, Halifax, Harnett, Disaster Relief and Emergency Assistance Debris removal (Category A) and Hoke, Johnston, Lee, Mecklenburg, Act, P.L. 93–288, as amended (‘‘the Stafford emergency protective measures (Category B) Montgomery, Moore, Nash, Act’’). I, therefore, declare that such a major for the counties of Alamance, Anson, Northampton, Orange, Person, disaster exists in the State of South Carolina. Cabarrus, Caswell, Chatham, Davidson, Randolph, Richmond, Rockingham, In order to provide Federal assistance, you Durham, Franklin, Granville, Guilford, Scotland, Stanly, Union, Vance, Wake, are hereby authorized to allocate from funds Halifax, Harnett, Hoke, Johnston, Lee, available for these purposes, such amounts as Mecklenburg, Montgomery, Moore, Nash, and Warren Counties for Utilities, you find necessary for Federal disaster Northampton, Orange, Person, Randolph, Category F, under Public Assistance assistance and administrative expenses. Richmond, Rockingham, Scotland, Stanly, (already designated for debris removal You are authorized to provide assistance Union, Vance, Wake, and Warren. (Category A) and emergency protective for debris removal (Category A) and measures (Category B) under Public emergency protective measures (Category B) All counties within the State of North Assistance. under Public Assistance and Hazard Carolina are eligible to apply for Mitigation in the designated areas and any assistance under the Hazard Mitigation The incident period for this disaster is other forms of assistance under the Stafford Grant Program. closed effective February 1, 2000. Act you may deem appropriate. Consistent (The following Catalog of Federal Domestic with the requirement that Federal assistance (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used be supplemental, any Federal funds provided Assistance Numbers(CFDA) are to be used for for reporting and drawing funds: 83.537, under the Stafford Act for Public Assistance reporting and drawing funds: 83.537, Community Disaster Loans; 83.538, Cora or Hazard Mitigation will be limited to 75 Community Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis percent of the total eligible costs. Brown Fund Program; 83.539, Crisis Counseling; 83.540, Disaster Legal Services Further, you are authorized to make Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment changes to this declaration to the extent Program; 83.541, Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression allowable under the Stafford Act. Assistance (DUA); 83.542, Fire Suppression Assistance; 83.543, Individual and Family Assistance; 83.543, Individual and Family Notice is hereby given that pursuant Grant (IFG) Program; 83.544, Public to the authority vested in the Director of Grant (IFG) Program; 83.544, Public Assistance Grants; 83.545, Disaster Housing Assistance Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation Grant the Federal Emergency Management Program; 83.548, Hazard Mitigation Grant Program.) Agency under Executive Order 12148, I Program) hereby appoint James L. Roche of the Lacy E. Suiter, Federal Emergency Management Agency James L. Witt, Executive Associate Director, Response and to act as the Federal Coordinating Director. Recovery Directorate. Officer for this declared disaster. [FR Doc. 00–3230 Filed 2–10–00; 8:45 am] [FR Doc. 00–3231 Filed 2–10–00; 8:45 am] I do hereby determine the following BILLING CODE 6718±02±P BILLING CODE 6718±02±P areas of the State of South Carolina to

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Suiter, Grant (IFG) Program; 83.544, Public Chester, Chesterfield, Darlington, Dillon, Executive Associate Director, Response and Assistance Grants; 83.545, Disaster Housing Edgefield, Fairfield, Florence, Greenwood, Recovery Directorate. Program; 83.548, Hazard Mitigation Grant Kershaw, Lancaster, Laurens, Marion, [FR Doc. 00–3233 Filed 2–10–00; 8:45 am] Program.) Marlboro, Newberry, Orangeburg, Richland, Saluda, Spartanburg, Sumter, Union, and BILLING CODE 6718±02±P Robert J. Adamcik, York. Deputy Associate Director, Response and All counties within the State of South FEDERAL EMERGENCY Recovery Directorate. Carolina are eligible to apply for MANAGEMENT AGENCY [FR Doc. 00–3234 Filed 2–10–00; 8:45 am] assistance under the Hazard Mitigation BILLING CODE 6718±02±P Grant Program. [FEMA±1313±DR] (The following Catalog of Federal Domestic South Carolina; Amendment No. 2 to Assistance Numbers (CFDA) are to be used Notice of a Major Disaster Declaration FEDERAL RESERVE SYSTEM for reporting and drawing funds: 83.537, Community Disaster Loans; 83.538, Cora AGENCY: Federal Emergency Change in Bank Control Notices; Brown Fund Program; 83.539, Crisis Management Agency (FEMA). Acquisitions of Shares of Banks or Counseling; 83.540, Disaster Legal Services ACTION: Notice. Bank Holding Companies Program; 83.541, Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression SUMMARY: This notice amends the notice The notificants listed below have Assistance; 83.543, Individual and Family of a major disaster for the State of South applied under the Change in Bank Grant (IFG) Program; 83.544, Public Carolina, (FEMA–1313–DR), dated Control Act (12 U.S.C. 1817(j)) and Assistance Grants; 83.545, Disaster Housing § 225.41 of the Board’s Regulation Y (12 Program; 83.548, Hazard Mitigation Grant January 31, 2000, and related determinations. CFR 225.41) to acquire a bank or bank Program.) holding company. The factors that are EFFECTIVE DATE: February 4, 2000. James L. Witt, considered in acting on the notices are FOR FURTHER INFORMATION CONTACT: Director. set forth in paragraph 7 of the Act (12 Madge Dale, Response and Recovery [FR Doc. 00–3232 Filed 2–10–00; 8:45 am] U.S.C. 1817(j)(7)). Directorate, Federal Emergency The notices are available for BILLING CODE 6718±02±P Management Agency, Washington, DC immediate inspection at the Federal 20472, (202) 646–3772. Reserve Bank indicated. The notices FEDERAL EMERGENCY SUPPLEMENTARY INFORMATION: The notice also will be available for inspection at MANAGEMENT AGENCY of a major disaster for the State of South the offices of the Board of Governors. Carolina is hereby amended to include Interested persons may express their [FEMA±1313±DR] Utilities, Category F, under Public views in writing to the Reserve Bank Assistance for the following areas indicated for that notice or to the offices South Carolina; Amendment No. 1 to among those areas determined to have Notice of a Major Disaster Declaration of the Board of Governors. Comments been adversely affected by the must be received not later than February AGENCY: Federal Emergency catastrophe declared a major disaster by 28, 2000. Management Agency (FEMA). the President in his declaration of A. Federal Reserve Bank of Chicago ACTION: Notice. January 31, 2000: (Phillip Jackson, Applications Officer) Aiken, Allendale, Bamberg, Barnwell, 230 South LaSalle Street, Chicago, SUMMARY: This notice amends the notice Clarendon, Dorchester, Georgetown, Illinois 60690–1414: of a major disaster for the State of South Lee, Lexington, McCormick, and 1. John Randall (Randy) Winegard, Carolina (FEMA–1313–DR), dated Williamsburg Counties for debris Burlington, Iowa; Larry Henson, January 31, 2000, and related removal (Category A), emergency Davenport, Iowa; James Woods, determinations. protective measures (Category B), and Davenport, Iowa; Gregory Jay EFFECTIVE DATE: February 1, 2000. utilities (Category F) under Public Shottenkirk and Toni Marie FOR FURTHER INFORMATION CONTACT: Assistance. Shottenkirk, Fort Madison, Iowa; Madge Dale, Response and Recovery Abbeville, Berkley, Calhoun, Shottenkirk Partnership L.P.; Lee Directorate, Federal Emergency Charleston, Collenton, Cherokee, Capital Corporation, Fort Madison, Management Agency, Washington, DC Chester, Chesterfield, Darlington, Iowa; Lynn Crabtree, Fort Madison, 20472, (202) 646–3772. Dillon, Edgefield, Fairfield, Florence, Iowa; Charlotte Foster, Davenport, Iowa; SUPPLEMENTARY INFORMATION: Notice is Greenwood, Kershaw, Lancaster, Foster Family Partnership, Davenport, hereby given that the incident period for Laurens, Marion, Marlboro, Newberry, Iowa; Robert Charles Fick, Eldridge, this disaster is closed effective February Orangeburg, Richland, Saluda, Iowa; Ronald Lee Burmeister, Eldridge, 1, 2000. Spartanburg, Sumter, Union, and York Iowa; Winegard Realty Company, Counties for utilities (Category F) under Burlington, Iowa; Rob Rick Inc., (The following Catalog of Federal Domestic Public Assistance (already designated Davenport, Iowa; and Brian Tugana, Assistance Numbers (CFDA) are to be used Clinton, Iowa; to acquire additional for reporting and drawing funds: 83.537, for debris removal) (Category A) and Community Disaster Loans; 83.538, Cora emergency protective measures voting shares of River Valley Bancorp, Brown Fund Program; 83.539, Crisis (Category B) under Public Assistance. Inc., Eldridge, Iowa, and thereby Counseling; 83.540, Disaster Legal Services (The following Catalog of Federal Domestic indirectly acquire additional voting Program; 83.541, Disaster Unemployment Assistance Numbers (CFDA) are to be used shares of Valley State Bank, Eldridge, Assistance (DUA); 83.542, Fire Suppression for reporting and drawing funds: 83.537, Iowa.

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Board of Governors of the Federal Reserve FEDERAL RESERVE SYSTEM FEDERAL RESERVE SYSTEM System, February 8, 2000. Robert deV. Frierson, Notice of Proposals to Engage in Sunshine Act Meeting Associate Secretary of the Board. Permissible Nonbanking Activities or TIME AND DATE: [FR Doc. 00–3273 Filed 2–10–00; 8:45 am] to Acquire Companies that are 10:00 a.m., Wednesday, February 16, 2000. BILLING CODE 6210±01±P Engaged in Permissible Nonbanking Activities PLACE: Marriner S. Eccles Federal Reserve Board Building, 20th and C FEDERAL RESERVE SYSTEM The companies listed in this notice Streets, N.W., Washington, D.C. 20551. have given notice under section 4 of the STATUS: Closed. Formations of, Acquisitions by, and Bank Holding Company Act (12 U.S.C. MATTERS TO BE CONSIDERED: 1. Personnel Mergers of Bank Holding Companies 1843) (BHC Act) and Regulation Y, (12 actions (appointments, promotions, The companies listed in this notice CFR Part 225) to engage de novo, or to assignments, reassignments, and salary have applied to the Board for approval, acquire or control voting securities or actions) involving individual Federal pursuant to the Bank Holding Company assets of a company, including the Reserve System employees. Act of 1956 (12 U.S.C. 1841 et seq.) companies listed below, that engages 2. Any matters carried forward from a (BHC Act), Regulation Y (12 CFR Part either directly or through a subsidiary or previously announced meeting. 225), and all other applicable statutes other company, in a nonbanking activity CONTACT PERSON FOR MORE INFORMATION: and regulations to become a bank that is listed in § 225.28 of Regulation Y Lynn S. Fox, Assistant to the Board; holding company and/or to acquire the (12 CFR 225.28) or that the Board has 202–452–3204. assets or the ownership of, control of, or determined by Order to be closely SUPPLEMENTARY INFORMATION: You may the power to vote shares of a bank or related to banking and permissible for call 202–452–3206 beginning at bank holding company and all of the bank holding companies. Unless approximately 5 p.m. two business days banks and nonbanking companies otherwise noted, these activities will be before the meeting for a recorded owned by the bank holding company, conducted throughout the United States. announcement of bank and bank including the companies listed below. holding company applications The applications listed below, as well Each notice is available for inspection at the Federal Reserve Bank indicated. scheduled for the meeting; or you may as other related filings required by the contact the Board’s Web site at http:// Board, are available for immediate The notice also will be available for inspection at the offices of the Board of www.federalreserve.gov for an inspection at the Federal Reserve Bank electronic announcement that not only indicated. The application also will be Governors. Interested persons may express their views in writing on the lists applications, but also indicates available for inspection at the offices of procedural and other information about question whether the proposal complies the Board of Governors. Interested the meeting. persons may express their views in with the standards of section 4 of the writing on the standards enumerated in BHC Act. Additional information on all Dated: February 9, 2000. the BHC Act (12 U.S.C. 1842(c)). If the bank holding companies may be Robert deV. Frierson, proposal also involves the acquisition of obtained from the National Information Associate Secretary of the Board. a nonbanking company, the review also website at www.ffiec.gov/nic/. [FR Doc. 00–3366 Filed 2–9–00; 1:15 pm] includes whether the acquisition of the Unless otherwise noted, comments BILLING CODE 6210±01±P nonbanking company complies with the regarding the applications must be standards in section 4 of the BHC Act received at the Reserve Bank indicated (12 U.S.C. 1843). Unless otherwise or the offices of the Board of Governors FEDERAL TRADE COMMISSION noted, nonbanking activities will be not later than February 25, 2000. conducted throughout the United States. [File No. 992 3228] Additional information on all bank A. Federal Reserve Bank of New York (Betsy Buttrill White, Senior Vice DBC Financial, Inc., et al.; Analysis To holding companies may be obtained Aid Public Comment from the National Information website President) 33 Liberty Street, New York, at www.ffiec.gov/nic/. New York 10045–0001: AGENCY: Federal Trade Commission. Unless otherwise noted, comments 1. Deutsche Bank Aktiengesellschaft, ACTION: Proposed Consent Agreement. regarding each of these applications Frankfurt, Germany; through its wholly must be received at the Reserve Bank owned subsidiary, DB Investments SUMMARY: The consent agreement in this indicated or the offices of the Board of (AXM) Limited, , United matter settles alleged violations of Governors not later than March 6, 2000. Kingdom, to retain 9 percent of the federal law prohibiting unfair or A. Federal Reserve Bank of Chicago shares of TP Group LDC, Grand deceptive acts or practices or unfair (Phillip Jackson, Applications Officer) Cayman, Cayman Islands, and through methods of competition. The attached 230 South LaSalle Street, Chicago, its majority owned subsidiary, Analysis to Aid Public Comment Illinois 60690–1414: Tradepoint Financial Networks, PLC describes both the allegations in the 1. Kane.Commerce Co., Davenport, London, United Kingdom, engage in draft complaint that accompanies the Iowa; to become a bank holding consent agreement and the terms of the operating a securities exchange, see J.P. company by acquiring 100 percent of consent order—embodied in the consent Morgan & Co. Incorporated, 86 Fed. Res. the voting shares of Community State agreement—that would settle these Bull. 61, (2000). Bank of Plymouth, Plymouth, Illinois. allegations. Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve DATE: Comments should be directed to: System, February 7, 2000. System, February 7, 2000. FTC/Office of the Secretary, Room 159, Robert deV. Frierson, Robert deV. Frierson, 600 Pennsylvania Ave., NW, Associate Secretary of the Board. Associate Secretary of the Board. Washington, DC 20580. [FR Doc. 00–3160 Filed 2–10–00; 8:45 am] [FR Doc. 00–3159 Filed 2–10–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 6210±01±P BILLING CODE 6210±01±P Michelle Chua, FTC/S–4429, 600

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Pennsylvania Ave., NW, Washington, an automated teller machine (‘‘ATM’’) financial institution that is participating DC 20580. (202) 326–3248. bank card that offers direct deposit in the government ETA program. SUPPLEMENTARY INFORMATION: Pursuant services with an affiliated bank. The Part IV of the order requires to Section 6(f) of the Federal Trade administrative complaint alleges that respondent to pay $250,000.00 for the Commission Act, 38 Stat. 721, 15 U.S.C. DBC Financial violated the FTC Act by redress program and administrative 46 and Section 2.34 of the Commission’s falsely representing: (1) that use of the costs. The redress program applies to Rules of Practice (16 CFR 2.34), notice Delaware Bank Card requires no upfront certain consumers who, as of August 31, is hereby given that the above-captioned fees, when, in fact, use of the card 1999, had an active Delaware Bank Card consent agreement containing a consent requires an account setup fee of $19.95, account and who were charged an order to cease and desist, having been as well as a monthly service fee of account set-up fee. In addition, Part V of filed with and accepted, subject to final $9.95; (2) that the Delaware Bank Card the order requires respondent to waive approval, by the Commission, has been is affiliated with the United States the account set-up fee of $19.95 for all placed on the public record for a period government agency, institution, or Delaware Bank Card accounts opened of thirty (30) days. The following program, when in fact it is not; and (3) between August 31, 1999 and January Analysis to Aid Public Comment that use of the Delaware Bank Card 31, 2000. describes the terms of the consent automatically provides free overdraft The proposed order also contains agreement, and the allegations in the protection services of up to $1,000 a provisions regarding distribution of the complaint. An electronic copy of the year, when in fact the card charges an order, record-keeping, notification of full text of the consent agreement overdraft protection fee of $19.95 for changes in corporate status, termination package can be obtained from the FTC every month in which the consumer’s of the order, and the filing of a Home Page (for February 4, 2000), on account is overdrawn by up to $80.00. compliance report. the World Wide Web, at ‘‘http:// To remedy the violations charged and The purpose of this analysis is to www.ftc.gov/ftc/formal.htm.’’ A paper to prevent respondent from engaging in facilitate public comment on the copy can be obtained from the FTC similar acts and practices in the future, proposed order, and it is not intended Public Reference Room, Room H–130, the proposed order contains injunctive to constitute an official interpretation of 600 Pennsylvania Avenue, NW, provisions and a consumer redress the agreement and the proposed order or Washington, DC 20580, either in person program. Part I of the order prohibits to modify their terms in any way. or by calling (202) 326–3627. respondent, in connection with the By direction of the Commission. Public comment is invited. Comments advertising or sale of the Delaware Bank Donald S. Clark, should be directed to: FTC/Office of the Card or any Bank Card or Bank Card- Secretary. Secretary, Room 159, 600 Pennsylvania related service or product, from making Ave., NW, Washington, DC 20580. Two [FR Doc. 00–3236 Filed 2–10–00; 8:45 am] any misrepresentation or material BILLING CODE 6750±01±M paper copies of each comment should omission concerning the costs, benefits, 1 be accompanied, if possible, by a 3 ⁄2 or conditions of the Bank Card or Bank inch diskette containing an electronic Card-related service or product, copy of the comment. Such comments DEPARTMENT OF HEALTH AND including the following: (1) that use of HUMAN SERVICES or views will be considered by the the Bank Card requires no up-front fees, Commission and will be available for if in fact DBC Financial is charging an inspection and copying at its principal Centers for Disease Control and Account Set-up fee or any other initial Prevention office in accordance with Section fee; and (2) that use of the Bank Card 4.9(b)(6)(ii) of the Commission’s Rules provides free of charge any overdraft [Program Announcement 00042] of Practice (16 CFR 4.9(b)(6)(ii)). protection services, if in fact DBC Extramural Injury Research Grants for Financial is charging an overdraft Analysis of Proposed Consent Order to the Prevention of Intimate Partner protection fee. Aid Public Comment Violence and Sexual Violence; Notice The Federal Trade Commission has Part II of the order prohibits of Availability of Funds accepted, subject to final approval, an respondent, in connection with the agreement to a proposed consent order advertising or sale of the Delaware Bank A. Purpose from DBC Financial, Inc. (‘‘DBC Card or any Bank Card or Bank Card- The Centers for Disease Control and Financial’’). The agreement would settle related service or product, from Prevention (CDC) announces that grant a complaint by the Federal Trade misrepresenting that DBC Financial or applications are being accepted for Commission that DBC Financial any of its Bank Card or Bank Card- Injury Prevention and Control Research engaged in deceptive acts or practices in related service or products are affiliated Grants (RO1s) for fiscal year (FY) 2000. violation of Section 5(a) of the Federal in any way with any United States This announcement is related to the Trade Commission Act. governmental agency, institution, or Healthy People 2000 Priority areas of The proposed consent order has been program. Violent and Abusive Behavior. placed on the public record for thirty Part III of the order requires The purposes of this program are to: (30) days for receipt of comments by respondent to clearly and conspicuously 1. Promote research to identify and interested persons. Comments received disclose, in connection with any understand the developmental during this period will become part of representation about the availability of pathways of victimization and the public record. After thirty (30) days, electronic transfer of funds from any perpetration of intimate partner the Commission will again review the government entity, the following: violence and sexual violence. agreement and the comments received ‘‘NOTICE: The [Delaware Bank Card or 2. Encourage developmental research and will decide whether it should Name of Bank Card] is NOT affiliated in that leads to science-based indicators for withdraw from the agreement or make any way with any federal government culturally appropriate intervention and final the agreement’s proposed order. agency or program.’’ This disclosure is prevention strategies to prevent and This matter concerns representations not required, however, to the extent that control the extent of injuries that result made by DBC Financial in its respondent is promoting a U.S. from intimate partner violence and advertising of the Delaware Bank Card, Treasury-designated ETA on behalf of a sexual violence.

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3. Expand risk-factor and protective- application, and the availability of b. Conduct research to elucidate factor research related to the Federal funds. protective factors for intimate partner perpetration and victimization of Note: Grant funds will not be made violence and sexual violence. intimate partner violence and sexual available to support the provision of direct c. Conduct research to provide violence. care. Eligible applicants may enter into scientific evidence for potentially 4. Build the scientific base for the contracts, including consortia agreements (as effective and culturally appropriate prevention of injuries, disabilities, and set forth in the PHS Grants Policy Statement, intervention or prevention strategies for deaths due to violence. dated April 1, 1994), as necessary to meet the intimate partner violence and sexual 5. Encourage professionals from a requirements of the program and strengthen the overall application. violence. wide spectrum of disciplines such as Funding Preferences public health, health care, medicine, Programmatic Interests criminal justice, and behavioral and Studies which focus on under served social sciences, to work together and CDC is soliciting studies that identify population(s) including ethnic undertake research to prevent and the factors which moderate and mediate populations, persons with disabilities, control injuries that result from the association between exposure to gay, lesbian, trans gender and bisexual violence. violence and/or violence-related populations, or immigrant and refugee behaviors, (e.g., rape, sexual violence, B. Eligible Applicants populations will be given priority. and intimate partner violence, other These populations are considered under Applications may be submitted by interpersonal violence, bullying, child served because substantial research has public and private nonprofit and for- abuse and neglect, child sexual abuse) not been devoted to determining risk profit organizations and by governments and witnessing violence (e.g., intimate and protective factors or mediating or and their agencies; that is, universities, partner violence, sexual violence, other moderating influences which may affect colleges, research institutions, hospitals, interpersonal violence, and suicidal intimate partner violence or sexual other public and private nonprofit and behavior), and violent outcomes (i.e., violence in these groups. for-profit organizations, State and local subsequent victimization and/or governments or their bona fide agents, perpetration of intimate partner D. Program Requirements and federally recognized Indian tribal violence and sexual violence). The following are applicant governments, Indian tribes, or Indian Moderating factors include the requirements: tribal organizations. individual, social, cultural and 1. A principal investigator, who has Note: Public Law 104–65 states that an environmental factors which influence conducted research, published the organization described in section 501(c)(4) of the likelihood that exposure to violence findings in peer-reviewed journals, and the Internal Revenue Code of 1986 that will lead to future violent outcomes. has specific authority and responsibility engages in lobbying activities is not eligible Mediating factors include the proximal to receive Federal funds constituting an to carry out the proposed project. consequences of exposure (e.g., 2. Demonstrated experience on the award, grant, cooperative agreement, hopelessness, learned response to contract, loan or any other form. applicant’s project team in conducting, violence, alcohol and drug use, weapon evaluating, and publishing injury C. Availability of Funds carrying) that result in increased risk of control research pertaining to violence violent outcomes. The context in which in peer-reviewed journals. Approximately $1.2 million is violence occurs and potential culturally expected to be available in FY 2000 for 3. Effective and well-defined working relevant intervention and prevention relationships within the performing injury research grants to fund strategies relative to moderating and approximately 4 awards. The specific organization and with outside entities mediating factors should be integral foci which will ensure implementation of program priorities for these funding of the study. opportunities are outlined with the proposed activities. 1. Injury prevention research examples in this announcement under 4. The ability to carry out injury addressing moderating factors the section, ‘‘Programmatic Interests.’’ It control research projects as defined is expected that the awards will begin a. Conduct research to understand under Addendum 2,(6.a–c). on or about September 30, 2000, and how individual, social, cultural and 5. The overall match between the will be made for a 12-month budget environmental factors which influence applicant’s proposed theme and period within a 3-year project period. the likelihood that exposure to violence research objectives, and the program The maximum funding level will not will lead to the perpetration and interests as described under the exceed $300,000 (including both direct victimization of violence against heading, ‘‘Programmatic Interests.’’ women, and sexual violence. and indirect costs) per year or $900,000 E. Application Content for the 3-year project period. b. Conduct research designed to Applications that exceed the funding improve understanding of the nature of Applications should follow the PHS– cap of $300,000 per year will be moderating factors among under served 398 (Rev. 4/98) application and Errata excluded from the competition and and potentially high-risk populations sheet, and should include the following returned to the applicant. The (e.g., ethnic populations, persons with information: availability of Federal funding may vary disabilities, gay, lesbian, trans gender 1. The project’s focus that justifies the and is subject to change. and bisexual populations, or immigrant research needs and describes the Continuation awards within the and refugee populations). scientific basis for the research, the project period will be made based on 2. Injury prevention research expected outcome, and the relevance of satisfactory progress demonstrated by addressing mediating factors the findings to reduce injury morbidity, investigators at work-in-progress a. Conduct research that further mortality, disability, and economic monitoring workshops (travel expenses illuminates understanding of the losses. This focus should be based on for this annual one-day meeting should contribution of potential risk factors for recommendations in ‘‘Healthy People be included in the applicant’s proposed violence such as impulsivity, 2000’’ and should seek creative budget), the achievement of workplan hopelessness, weapon carrying, alcohol/ approaches that will contribute to a milestones reflected in the continuation drug use, and other risk taking behavior. national program for injury control.

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2. Specific, measurable, and time- of intent does not influence review or based on priority scores assigned to framed objectives. funding decisions, but the number of applications by the primary review 3. A detailed plan describing the letters received will enable CDC to plan committee, recommendations by the methods by which the objectives will be the review more effectively and secondary review committee, achieved, including their sequence. A efficiently. consultation with NCIPC senior staff, comprehensive evaluation plan is an Submit the original and five copies of and the availability of funds. essential component of the application. PHS 398 (OMB Number 0925–0001 and 1. The primary review will be a peer 4. A description of the principal adhere to the instructions on the Errata review conducted by the IRGRC. All investigator’s role and responsibilities. Instruction sheet for PHS 398). Forms proposals will be reviewed for scientific 5. A description of all the project staff are in the application kit. merit by a committee of no less than regardless of their funding source. It On or before April 12, 2000, submit three reviewers with appropriate should include their title, qualifications, the application to the Grants expertise using current National experience, percentage of time each will Management Specialist identified in the Institutes of Health (NIH) criteria to devote to the project, as well as that ‘‘Where to Obtain Additional evaluate the methods and scientific portion of their salary to be paid by the Information’’ section of this quality of the proposal. Factors to be grant. announcement. considered will include: 6. A description of those activities Applications shall be considered as a. Significance. Does this study related to, but not supported by the meeting the deadline if they are address an important problem? If the grant. received at the above address on or aims of the application are achieved, 7. A description of the involvement of before the deadline date; or sent on or how will scientific knowledge be other entities that will relate to the before the deadline date, and received advanced? What will be the effect of proposed project, if applicable. It should in time for submission to the these studies on the concepts or include commitments of support and a independent review group. Applicants methods that drive this field? clear statement of their roles. must request a legibly dated U.S. Postal b. Approach. Are the conceptual 8. A detailed first year’s budget for the Service postmark or obtain a legibly framework, design, methods, and grant with future annual projections, if dated receipt from a commercial carrier analyses adequately developed, well- relevant. Awards will be made for a or the U.S. Postal Service. Private integrated, and appropriate to the aims project period of up to 3-years. metered postmarks will not be of the project? Does the applicant 9. An explanation of how the research acceptable as proof of timely mailing. acknowledge potential problem areas and consider alternative tactics? Does findings will contribute to the national Late Applications effort to reduce the morbidity, mortality the project include plans to measure and disability caused by violence- Applications which do not meet the progress toward achieving the stated related injuries within 3–5 years from criteria above are considered late objectives? Is there an appropriate work project start-up. applications, will not be considered, plan included? An applicant organization has the and will be returned to the applicant. c. Innovation. Does the project employ novel concepts, approaches or option of having specific salary and G. Evaluation Criteria fringe benefit amounts for individuals methods? Are the aims original and Upon receipt, applications will be omitted from the copies of the innovative? Does the project challenge reviewed by CDC staff for completeness application which are made available to or advance existing paradigms, or and responsiveness as outlined under outside reviewing groups. To exercise develop new methodologies or the heading Program Requirements this option: on the original and five technologies? (Items 1–5). Incomplete applications d. Investigator. Is the principal copies of the application, the applicant and applications that are not responsive investigator appropriately trained and must use asterisks to indicate those will be returned to the applicant well suited to carry out this work? Is the individuals for whom salaries and fringe without further consideration. It is proposed work appropriate to the benefits are not shown; the subtotals especially important that the applicant’s experience level of the principal must still be shown. In addition, the abstract reflects the project’s focus, investigator and other significant applicant must submit an additional because the abstract will be used to help investigator participants? Is there a prior copy of page 4 of Form PHS–398, determine the responsiveness of the history of conducting violence-related completed in full, with the asterisks proposal. research? replaced by the salaries and fringe Applications which are complete and e. Environment. Does the scientific benefits. This budget page will be responsive may be subjected to a environment in which the work will be reserved for internal staff use only. preliminary evaluation (triage) by a peer done contribute to the probability of F. Submission and Deadline review committee, the Injury Research success? Does the proposed research Grant Review Committee (IRGRC), to take advantage of unique features of the Pre-Application Letter of Intent determine if the application is of scientific environment or employ useful Although not a prerequisite of sufficient technical and scientific merit collaborative arrangements? Is there application, a non-binding letter of to warrant further review by the IRGRC; evidence of institutional support? Is intent-to-apply is requested from CDC will withdraw from further there an appropriate degree of potential applicants. The letter of intent consideration applications judged to be commitment and cooperation of other must be submitted on or before March noncompetitive and promptly notify the interested parties as evidenced by letters 13, 2000, to the Grants Management principal investigator/program director detailing the nature and extent of the Specialist identified in the ‘‘Where to and the official signing for the applicant involvement? Obtain Additional Information’’ section organization. Those applications judged f. Ethical Issues: What provisions of this announcement. The letter should to be competitive will be further have been made for the protection of identify the announcement number, evaluated by a dual review process. human subjects and the safety of the name the principal investigator, and Awards will be determined by the research environments? How does the briefly describe the scope and intent of Director of the National Center for applicant plan to handle issues of the proposed research work. The letter Injury Prevention and Control (NCIPC) confidentiality and compliance with

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The match between the application Information’’ section of this complete independent replication at and the solicitation’s programmatic announcement. another site? Have the referral sources interests and funding preferences, i.e., The following additional been described, including the for applications with relatively similar requirements are applicable to this definitions and criteria? What plans priority scores, preference will be given program. For a complete description of have been made to include women and to those applications that focus on each see Addendum 1 in the application minorities, and their subgroups as under served population(s). package. appropriate for the scientific goals of the c. The relevance and balance of AR–1 Human Subjects Certification research? How will the applicant deal proposed research relative to the NCIPC AR–2 Requirements for inclusion of with recruitment and retention of programs and priorities. Women and Racial and Ethnic subjects? d. The significance of the proposed Minorities in Research h. Dissemination: What plans have activities in relation to the priorities and AR–9 Paperwork Reduction Act been articulated for disseminating objectives stated in ‘‘Healthy People Requirements findings? 2000’’ and the Institute of Medicine AR–10 Smoke-Free Workplace The IRGRC will also examine the report, ‘‘Reducing the Burden of Injury’’. Requirement appropriateness of the proposed project e. Budgetary considerations. AR–11 Healthy People 2000 budget and duration in relation to the 3. Continued Funding AR–12 Lobbying Restrictions proposed research and the availability Continuation awards made after FY AR–13 Prohibition on Use of CDC of data required for the project. 2000, but within the project period, will funds for Certain Gun Control 2. The secondary review will be be made on the basis of the availability Activities conducted by the Science and Program of funds and the following criteria: I. Authority and Catalog of Federal Review Work Group (SPRWG) from the a. The accomplishments reflected in Advisory Committee for Injury Domestic Assistance Number the progress report of the continuation Prevention and Control (ACIPC). The application indicate that the applicant is This program is authorized under ACIPC Federal ex officio members will meeting previously stated objectives or sections 301(a) [42 U.S.C. 241(a)] of the be invited to attend the secondary milestones contained in the project’s Public Health Service Act, as amended. review, will receive modified briefing annual workplan and satisfactory The catalog of Federal Domestic books, (i.e., abstracts, strengths and progress demonstrated through Assistance number is 93.136. weaknesses from summary statements, presentations at work-in-progress and project officer’s briefing materials). J. Where To Obtain Additional monitoring workshops. Federal ex officio members will be Information b. The objectives for the new budget encouraged to participate in This and other CDC announcements period are realistic, specific, and deliberations when applications address are available through the CDC homepage overlapping areas of research interest so measurable. on the Internet. The address for the CDC that unwarranted duplication in c. The methods described will clearly homepage is http://www.cdc.gov. federally-funded research can be lead to achievement of these objectives. To receive additional written avoided and special subject area d. The evaluation plan will allow information and to request an expertise can be shared. The NCIPC management to monitor whether the application kit, call 1–888–GRANTS4 Division Associate Directors for Science methods are effective. (1–888–472–6874). You will be asked to (ADS) or their designees will attend the e. The budget request is clearly leave you name and address and will be secondary review in a similar capacity explained, adequately justified, instructed to identify the as the Federal ex officio members to reasonable and consistent with the Announcement number of interest. If assure that research priorities of the intended use of grant funds. you have questions after reviewing the announcement are understood and to H. Other Requirements contents of all the documents, business provide background regarding current management technical assistance may research activities. Only SPRWG Technical Reporting Requirements be obtained from: Carrie Clark, Grants members will vote on funding Provide CDC with an original plus Management Specialist, Grants recommendations and their two copies of Management Branch, Procurement and recommendations will be carried to the 1. Progress report annually, Grants Office, Program Announcement entire ACIPC for voting by the ACIPC 2. Financial status report, no more #00042, Centers for Disease Control and members in closed session. than 90 days after the end of the budget Prevention (CDC), 2920 Brandywine The committee’s responsibility is to period, and Road, Room 3000, Atlanta, Georgia develop funding recommendations for 3. Final financial report and 30341, Telephone (770) 488–2719, the NCIPC Director based on the results performance report, no more than 90 Internet address: [email protected]. of the primary review, the relevance and days after the end of the project period. For program technical assistance, balance of proposed research relative to 4. At the completion of the project, contact: Ted Jones, Program Manager, the NCIPC programs and priorities, and the grant recipient will submit a brief Office of Research Grants, National to assure that unwarranted duplication (2,500 to 4,000 words) summary Center for Injury Prevention and of federally-funded research does not highlighting the findings and their Control, Centers for Disease Control and occur. The Secondary Review implications for research and policy. Prevention (CDC), 4770 Buford Committee has the latitude to reach over CDC will place the summary report and Highway, NE, Mailstop K–58, Atlanta, better ranked proposals in order to each grant recipient’s final report with GA 30341–

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3724, Telephone (770) 488–4824, pertaining to announcements of meetings and Dated: February 7, 2000. Internet address: [email protected]. other committee management activities, for Jane L. Browning, both the Centers for Disease Control and Executive Director, PCMR. Dated: February 7, 2000. Prevention and the Agency for John L. Williams, ToxicSubstances and Disease Registry. [FR Doc. 00–3245 Filed 2–10–00; 8:45 am] BILLING CODE 4104±01±M Director, Procurement and Grants Office, Dated: February 7, 2000. Centers for Disease Control and Prevention (CDC). Carolyn J. Russell, [FR Doc. 00–3184 Filed 2–10–00; 8:45 am] Director, Management Analysis and Services DEPARTMENT OF HEALTH AND Office, Centers for Disease Control and HUMAN SERVICES BILLING CODE 4163±18±P Prevention (CDC). [FR Doc. 00–3333 Filed 2–10–00; 8:45 am] Food and Drug Administration DEPARTMENT OF HEALTH AND BILLING CODE 4163±18±P [Docket No. 00N±0352] HUMAN SERVICES Status of Useful Written Prescription Centers for Disease Control and DEPARTMENT OF HEALTH AND Drug Information for Patients; Public Prevention HUMAN SERVICES Meeting Advisory Committee on Childhood Administration for Children and AGENCY: Food and Drug Administration, Lead Poisoning Prevention: Meeting Families HHS. ACTION: Notice of public meeting; In accordance with section 10(a)(2) of President's Committee on Mental request for comments. the Federal Advisory Committee Act Retardation; Notice of Meeting (Pub. L. 92–463), the National Center for SUMMARY: The Food and Drug AGENCY: President’s Committee on Environmental Health (NCEH) of the Administration (FDA) is announcing a Mental Retardation. Centers for Disease Control and public meeting to discuss the findings of Prevention (CDC) announces the ACTION: Notice of meeting. the interim study of the status of useful following committee meeting. written prescription drug information Name: Advisory Committee on Childhood DATES: Thursday, February 24, 2000 for patients consistent with the criteria Lead Poisoning Prevention. from 9:00 a.m. to 2:00 p.m. specified in the ‘‘Action Plan for the Times and Dates: 8:30 a.m.–5 p.m., Place: The meeting will be held in the Provision of Useful Prescription February 28, 2000. 8:30 a.m.–12 p.m., Loews New York Hotel, 569 Lexington Medicine Information’’ (Action Plan). February 29, 2000. Avenue at East 51st Street, New York, The purpose of this meeting is to Place: Wyndham Atlanta Hotel, 160 Spring New York 10022. Full Committee present the study methodology and Street, Atlanta, Georgia 30303, telephone Meetings are open to the public. An 404/688–8600. results and seek feedback prior to Status: Open to the public, limited only by interpreter for the deaf will be available developing assessment of the year 2000 the space available. The meeting room upon advance request. All meeting sites goals. The meeting will begin with accommodates approximately 90 people. are barrier free. presentations about the report and Purpose: The Committee shall provide Agenda: The Committee plans to findings, followed by small group advice and guidance to the Secretary; the discuss critical issues concerning discussions and feedback. FDA Assistant Secretary for Health; and the Federal Policy, Federal Research and encourages interested individuals to Director, CDC, regarding new scientific Demonstration, State Policy attend this meeting or submit knowledge and technological developments Collaboration, Minority and Cultural comments. and their practical implications for childhood lead poisoning prevention efforts. Diversity and Mission and Public DATES: The public meeting will be held The Committee shall also review and report Awareness, relating to individuals with on Tuesday, February 29, 2000, from 1 regularly on childhood lead poisoning mental retardation. p.m. to 5:30 p.m. and Wednesday, prevention practices and recommend FOR FURTHER INFORMATION CONTACT: Jane March 1, 2000, from 8:30 a.m. to 3 p.m. improvements in national childhood lead L. Browning, Executive Director, The deadline for registration is February poisoning prevention efforts. President’s Committee on Mental Matters to be Discussed: Agenda items 18, 2000. Early registration is include: Childhood Lead Poisoning Retardation, Room 701 Aerospace recommended, as space is limited. Prevention activities update, Medicaid Building, 370 L’Enfant Promenade, Registration and dissemination of issues, Screening and Case Management S.W., Washington, D.C. 20447, (202) materials will begin at 11 a.m. on Working Group updates, and updates on 619–0634. February 29, 2000. Written comments Medical and Environmental Management SUPPLEMENTARY INFORMATION: The PCMR will be accepted until April 28, 2000. issues. Agenda items are subject to change as acts in an advisory capacity to the ADDRESSES: The public meeting will be priorities dictate. Opportunities will be provided during the President and the Secretary of the U.S. held at the DoubleTree Hotel, 1750 meeting for oral comments. Depending on the Department of Health and Human Rockville Pike, Rockville MD 20852. time available and the number of requests, it Services on a broad range of topics Submit written comments to the may be necessary to limit the time of each relating to programs, services, and Dockets Management Branch (HFA– presenter. supports for persons with mental 305), Food and Drug Administration, Contact Person for More Information: retardation. The Committee, by 5630 Fishers Lane, rm. 1061, Rockville Becky Wright, Program Analyst, Lead Executive Order, is responsible for MD 20852. Two copies of any comments Poisoning Prevention Branch, Division of evaluating the adequacy of current are to be submitted, except that Environmental Hazards and Health Effects, practices in programs and supports for individuals may submit one copy. NCEH, CDC, 1600 Clifton Road, NE, M/S E– 25, Atlanta, Georgia 30333, telephone 404/ persons with mental retardation, and for Comments are to be identified with the 639–1789, fax 404/639–2570. reviewing legislative proposals that docket number found in brackets in the The Director, Management Analysis and impact the quality of life that is heading of this document. A copy of the Services Office, has been delegated the experienced by citizens with mental study report as well as registration authority to sign Federal Register notices retardation and their families. information can be obtained at http://

VerDate 272000 20:44 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7023 www.fda.gov/cder/calendar/meeting/ conceptual criteria specified in Public should they be involved in the rx2000. A transcript and summary of the Law 104–180 for defining the usefulness evaluation process? meeting may be seen at the Dockets of medication information. Specifically, • This report collected patient Management Branch (address above). it stated that such materials should be: information from U.S. retail pharmacies. FOR FURTHER INFORMATION CONTACT: (1) Scientifically accurate; (2) unbiased Are there ways to expand sampling to Marcia L. Trenter, Center for Drug in content and tone; (3) sufficiently include mail-order or other nonretail Evaluation and Research (HFD–210), specific and comprehensive; (3) pharmacies? Food and Drug Administration, 5600 presented in an understandable and A transcript and summary of the Fisher Lane, Rockville, MD 20857, 301– legible format that is readily meeting may be seen at the Dockets 827–1674, or e-mail: comprehensible to consumers; (4) Management Branch (address above) [email protected]). timely and up to date; and (5) useful, and they will be available that is, enables the consumer to use the approximately 10 working days after the SUPPLEMENTARY INFORMATION: medicine properly and appropriately, meeting at a cost of 10 cents per page. Inadequate access to useful patient receive the maximum benefit, and avoid Also, received comments may be seen in information is a major cause of harm. The Action Plan, including that office between 9 a.m. and 4 p.m., inappropriate use of prescription descriptions of the criteria, is available Monday through Friday. medicines, leading to serious personal on the Internet at http://www.nyam.org/ Dated: February 4, 2000. injury and costs to the health care library/keystone. system. While the rate of distribution of Consistent with Public Law 104–180, William K. Hubbard, written prescription drug information the Action Plan called for the Senior Associate Commissioner for Policy, materials has increased somewhat over development of a mechanism to Planning, and Legislation. the past 15 years, the quality of such periodically assess the quality of written [FR Doc. 00–3171 Filed 2–10–00; 8:45 am] material has been quite variable. prescription information for patients. To BILLING CODE 4160±01±F In the Federal Register of August 24, test a methodology for collecting patient 1995 (60 FR 44182), FDA published a information materials and assessing DEPARTMENT OF HEALTH AND proposed rule that aimed to increase the their usefulness, FDA developed a HUMAN SERVICES quality and quantity of written contract with the National Association information about prescription of Boards of Pharmacy. The contract Food and Drug Administration medicines given to patients. In the called for the selection of several State proposed rule, entitled ‘‘Prescription Boards of Pharmacy who would arrange [Docket No. 99E±0241] Drug Product Labeling; Medication for collecting, from a sample of State Guide Requirements,’’ FDA encouraged pharmacies, medication information Determination of Regulatory Review the private sector to develop and materials given with new prescriptions Period for Purposes of Patent distribute patient-oriented written for three commonly prescribed Extension; Wallstent Coronary information leaflets for all prescription prescription drugs. The contract also Endoprosthesis drugs, and set targets for the distribution called for the development of evaluation AGENCY: Food and Drug Administration, of these leaflets. In addition to setting materials to assess the usefulness of the target distribution goals by specific HHS. information through application of the ACTION: Notice. dates, the proposed rule set criteria by Action Plan criteria. The medication which written information would be information materials were collected in SUMMARY: The Food and Drug judged to determine whether it was 1999, and the final report from the Administration (FDA) has determined ‘‘useful’’ and should therefore count evaluation was completed in December the regulatory review period for toward accomplishment of the target 1999. The report is available on the Wallstent Coronary Endoprosthesis and goals. Internet at http://www.fda.gov/cder/ is publishing this notice of that In August 1996, the U.S. Congress calendar/meeting/rx2000. determination as required by law. FDA passed Public Law 104–180 mandating FDA is seeking comments on several has made the determination because of that the private sector be given the issues: the submission of an application to the opportunity to meet distribution and • What should be the minimum Commissioner of Patents and quality goals for written patient standard or threshold that must be met Trademarks, Department of Commerce, prescription medicine information. It for written information to be considered for the extension of a patent which also directed that the Secretary of useful? claims that medical device. Health and Human Services (the • Should certain criteria derived from ADDRESSES: Submit written comments Secretary) facilitate the development of the Action Plan recommendations be a long-range comprehensive action plan and petitions to the Dockets given more weight than others? If so, Management Branch (HFA–305), Food to meet these goals through private- which criteria should be weighted more sector efforts. and Drug Administration, 5630 Fishers strongly, and why? Lane, rm. 1061, Rockville, MD 20852. The Secretary asked the Keystone • Are the evaluation forms an Center to convene a Steering Committee accurate translation of the Action Plan’s FOR FURTHER INFORMATION CONTACT: to collaboratively develop this action criteria? Claudia V. Grillo, Regulatory Policy plan. The Action Plan accepted by the • Should the assessment include Staff (HFD–7), Food and Drug Secretary in January 1997 reiterated the additional criteria or types of Administration, 5600 Fishers Lane, target goals specified in the Federal information, and, if so, what? Rockville, MD 20857, 301–594–5645. legislation. These goals were that by the • Should there be a more detailed SUPPLEMENTARY INFORMATION: The Drug year 2000 useful written information assessment of factors affecting Price Competition and Patent Term would be distributed to 75 percent of readability and legibility for consumers Restoration Act of 1984 (Public Law 98– individuals receiving new prescriptions (e.g., type size, style, spacing, contrast)? 417) and the Generic Animal Drug and for medicines, and by the year 2006 to • Should the evaluation panel Patent Term Restoration Act (Public 95 percent of such individuals. The include consumers with varying Law 100–670) generally provide that a Action Plan generally endorsed the educational backgrounds? If so, how patent may be extended for a period of

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Under these acts, a required under section 520(g) of the BILLING CODE 4160±01±F product’s regulatory review period Federal Food, Drug, and Cosmetic Act forms the basis for determining the (the act) (21 U.S.C. 360j(g)) for human amount of extension an applicant may tests to begin became effective July 21, DEPARTMENT OF HEALTH AND receive. 1994. HUMAN SERVICES A regulatory review period consists of two periods of time: A testing phase and 2. The date the application was Food and Drug Administration an approval phase. For medical devices, initially submitted with respect to the the testing phase begins with a clinical device under section 515 of the act (21 [Docket No. 00D±0186] investigation of the device and runs U.S.C. 360e): April 1, 1998. The until the approval phase begins. The applicant claims March 31, 1998, as the International Conference on approval phase starts with the initial date the premarket approval application Harmonisation; M4 Common Technical submission of an application to market (PMA) for Wallstent Coronary Document; Request for Comments on the device and continues until Endoprosthesis (PMA P980009) was Initial Components; Availability permission to market the device is initially submitted. However, FDA granted. Although only a portion of a AGENCY: Food and Drug Administration, records indicate that PMA P980009 was HHS. regulatory review period may count submitted on April 1, 1998. toward the actual amount of extension ACTION: Notice; request for comments. that the Commissioner of Patents and 3. The date the application was Trademarks may award (half the testing approved: September 29, 1998. FDA has SUMMARY: The Food and Drug phase must be subtracted as well as any verified the applicant’s claim that PMA Administration (FDA) is announcing the time that may have occurred before the P980009 was approved on September availability of initial components of a 1 patent was issued), FDA’s determination 29, 1998. draft guidance entitled ‘‘M4 Common Technical Document,’’ which is being of the length of a regulatory review This determination of the regulatory period for a medical device will include developed under the auspices of the review period establishes the maximum International Conference on all of the testing phase and approval potential length of a patent extension. phase as specified in 35 U.S.C. Harmonisation of Technical However, the U.S. Patent and Requirements for Registration of 156(g)(3)(B). Trademark Office applies several FDA recently approved for marketing Pharmaceuticals for Human Use (ICH). the medical device Wallstent Coronary statutory limitations in its calculations Because of the large size of the draft Endoprosthesis. Wallstent Coronary of the actual period for patent extension. guidance, FDA is making some Endoprosthesis is indicated for use In its application for patent extension, components of the draft guidance following suboptimal percutaneous this applicant seeks 857 days of patent available to the public at this time to transluminal angioplasty of common term extension. help explain the overall scheme of the and/or external iliac artery stenotic Anyone with knowledge that any of draft guidance and to request comments. lesions. Subsequent to this approval, the the dates as published is incorrect may, When completed, the guidance entitled Patent and Trademark Office received a on or before April 11, 2000, submit to ‘‘M4 Common Technical Document’’ patent term restoration application for the Dockets Management Branch will describe a harmonized format and Wallstent Coronary Endoprosthesis (address above) written comments and content for designated new product applications for submission to the (U.S. Patent No. 4,954,126) from Boston ask for a redetermination. Furthermore, regulatory authorities in the three ICH Scientific Corp., and the Patent and any interested person may petition FDA, regions. The agency intends to make the Trademark Office requested FDA’s on or before August 9, 2000, for a assistance in determining this patent’s entire draft guidance available to the determination regarding whether the eligibility for patent term restoration. In public for comment once all the a letter dated March 9, 1999, FDA applicant for extension acted with due components have been drafted. diligence during the regulatory review advised the Patent and Trademark DATES: Submit written comments on the period. To meet its burden, the petition Office that this medical device had initial components of the draft guidance must contain sufficient facts to merit an undergone a regulatory review period by March 13, 2000. FDA investigation. (See H. Rept. 857, and that the approval of Wallstent ADDRESSES: part 1, 98th Cong., 2d sess., pp. 41–42, Submit written comments Coronary Endoprosthesis represented on these components of the draft 1984.) Petitions should be in the format the first permitted commercial guidance to the Dockets Management specified in 21 CFR 10.30. marketing or use of the product. Shortly Branch (HFA–305), Food and Drug thereafter, the Patent and Trademark Comments and petitions should be Administration, 5630 Fishers Lane, rm. Office requested that FDA determine the submitted to the Dockets Management 1061, Rockville, MD 20852. An product’s regulatory review period. Branch (address above) in three copies electronic version of the components is FDA has determined that the (except that individuals may submit available on the Internet at http:// applicable regulatory review period for single copies) and identified with the www.fda.gov/cder/guidance/index.htm Wallstent Coronary Endoprosthesis is docket number found in brackets in the or at http://www.fda.gov/cber/ 1,533 days. Of this time, 1,351 days publications.htm. occurred during the testing phase of the heading of this document. Comments regulatory review period, while 182 and petitions may be seen in the 1 days occurred during the approval Dockets Management Branch between 9 In accordance with FDA’s good guidance a.m. and 4 p.m., Monday through practices (62 FR 8961, February 27, 1997), ICH phase. These periods of time were guidance documents are now being called derived from the following dates: Friday. guidances, rather than guidelines.

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FOR FURTHER INFORMATION CONTACT: For The ICH Steering Committee includes of a submission for designated new the safety components: Joseph J. representatives from each of the ICH products, presented in a modular DeGeorge, Center for Drug Evaluation sponsors and the IFPMA, as well as fashion with summaries and tables. It is and Research (HFD–24), Food and Drug observers from the World Health intended that one of the modules in the Administration, 5600 Fishers Lane, Organization, the Canadian common technical document be Rockville, MD 20857, 301–594–5476. Therapeutics Products Programme, and reserved as a region-specific module. For the quality components: Charles the European Free Trade Area. The common technical document P. Hoiberg, Center for Drug Evaluation The ICH process has achieved modular structure is envisioned as and Research (HFD–810), Food and significant harmonization of the shown in the graphic at the end of this Drug Administration, 5600 Fishers technical requirements for the approval document and includes the following: Lane, Rockville, MD 20857, 301–594– of pharmaceuticals for human use in the 2570, and Neil D. Goldman, Center for three ICH regions. However, until Components Biologics Evaluation and Research recently, the application documents in Module I Regional Ad- (not part of (HFM–20), Food and Drug the three ICH regions had not been ministrative Common Administration, 1401 Rockville Pike, examined, and there are significantly Information Technical Rockville, MD 20852, 301–827–0377. different requirements in each region for Document) the composition and organization of Module II IIA Executive Quality (pend- For the efficacy sections: Robert J. Summaries ing) DeLap, Center for Drug Evaluation and product applications. As a result, three Nonclinical Research (HFD–105), Food and Drug Expert Working Groups for Quality, (provided) Administration, 9201 Corporate Blvd., Safety, and Efficacy have been Clinical (pend- developing harmonized guidance for the ing) Rockville, MD 20850, 301–827–2250. IIB Nonclinical IIB1 Written Regarding the ICH: Janet J. Showalter, content and format of common sections Summaries Summary Office of Health Affairs (HFY–20), Food of an application, called the ‘‘common (provided) and Drug Administration, 5600 Fishers technical document.’’ Once finalized, IIB2 Tabulated the guidance entitled ‘‘M4 Common Summary Lane, Rockville, MD 20857, 301–827– (provided) 0864. Technical Document’’ will describe an IIC Clinical (pending) acceptable format and content for Summaries, SUPPLEMENTARY INFORMATION: applications for human pharmaceuticals comprising that, once supplemented with regional written and I. Background tabulated particulars, can be used with designated summaries In recent years, many important new products for submission to the initiatives have been undertaken by Module III Quality (providedÐnine regulatory authorities in the three ICH attachments regulatory authorities and industry regions. pending) associations to promote international The ICH Steering Committee is Module IV Nonclinical (provided) harmonization of regulatory Data Study overseeing the work on the common Reports requirements. FDA has participated in technical document through the use of Module V Clinical Data (provided) many meetings designed to enhance milestones that reflect the stages of Study Re- harmonization and is committed to completion as work proceeds. A key ports seeking scientifically based harmonized goal is to ensure that the process for technical procedures for pharmaceutical developing the common technical III. Components Being Made Available development. One of the goals of document is transparent. As part of this at This Time harmonization is to identify and then transparency, the ICH Steering In addition to the preamble to the reduce differences in technical Committee agreed, in October 1999, that draft guidance entitled ‘‘M4 Common requirements for medical product the components of the draft guidance Technical Document,’’ and an development among regulatory entitled ‘‘M4 Common Technical organizational graphic, the following agencies. Document’’ be made available for public components are being made available in ICH was organized to provide an comment as they evolve. The the docket and on the Internet at this opportunity for harmonization components being made available by time: initiatives to be developed with input this notice are the product of the 1. Module IIA—Nonclinical Executive from both regulatory and industry Quality, Safety, and Efficacy Expert Summary; representatives. ICH is concerned with Working Groups of the ICH. Received 2. Module IIB—Nonclinical Written harmonization among three regions: The comments on these components will be and Tabulated Summaries; European Union, Japan, and the United considered by FDA and the appropriate 3. Module III—Quality table of States. The six ICH sponsors are the expert working group as the draft contents and explanatory notes (nine European Commission, the European guidance ‘‘M4 Common Technical attachments still pending); Federation of Pharmaceutical Industries Document’’ is finished. Once it is 4. Module IV—Nonclinical Data Associations, the Japanese Ministry of finalized, the guidance entitled ‘‘M4 Study Reports table of contents and Health and Welfare, the Japanese Common Technical Document’’ will explanatory notes; and Pharmaceutical Manufacturers describe the format and content for a 5. Module V—Clinical Data Study Association, the Centers for Drug common technical document that, when Reports table of contents and Evaluation and Research and Biologics supplemented by regional information, explanatory notes. Evaluation and Research, FDA, and the is suitable for submission to the These components detail the tables of Pharmaceutical Research and regulatory authorities in the three ICH contents for Modules III, IV, and V Manufacturers of America. The ICH regions. accompanied by explanatory notes. Secretariat, which coordinates the Module III will be supplemented further preparation of documentation, is II. Organization of the Common by a series of nine detailed attachments, provided by the International Technical Document which may be available in summer of Federation of Pharmaceutical The common technical document 2000. (The exact content of Module III Manufacturers Associations (IFPMA). should be viewed as the common part may evolve as the Expert Working

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Group’s discussions progress.) Modules These components of the draft Management Branch (address above) IIA Clinical and Quality and IIC should guidance represent the agency’s current written comments on these components also be available for consultation in thinking on the content and format of a of the draft guidance. Two copies of any summer 2000. Module IIA/B common application for designated new comments are to be submitted, except Nonclinical is being made available at products (i.e., the common technical that individuals may submit one copy. this time. document). These components do not Comments are to be identified with the The ICH Steering Committee and create or confer any rights for or on any docket number found in brackets in the Expert Working Groups are requesting person and do not operate to bind FDA heading of this document. The comments on the components being or the public. An alternative approach components of the draft guidance, made made available by this notice. Once all may be used if such approach satisfies available by this notice, and received the components of the draft guidance the requirements of the applicable comments may be seen in the Dockets entitled ‘‘M4 Common Technical statute, regulations, or both. Document’’ are ready, a compiled text Management Branch between 9 a.m. and will be released to complete step 2 of IV. Comments 4 p.m., Monday through Friday. the ICH process. It is anticipated that Interested persons may, on or before BILLING CODE 4160±01±F this will occur in summer 2000. March 13, 2000, submit to the Dockets

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Dated: February 8, 2000. ACTION: Notice. DATES: Submit written comments Margaret Dotzel, concerning either guidance by April 11, Acting Associate Commissioner for Policy. SUMMARY: The Food and Drug 2000. [FR Doc. 00–3343 Filed 2–9–00; 11:32 am] Administration (FDA) is announcing the availability of two draft guidance ADDRESSES: See the SUPPLEMENTARY BILLING CODE 4160±01±C documents entitled ‘‘Reprocessing and INFORMATION section for information on Reuse of Single-Use Devices: Review electronic access to the guidance. Submit written requests for single DEPARTMENT OF HEALTH AND Prioritization Scheme;’’ and HUMAN SERVICES ‘‘Enforcement Priorities for Single-Use copies (on a 3.5 diskette) of the Devices Reprocessed by Third Parties guidance documents entitled Food and Drug Administration and Hospitals.’’ These draft guidance ‘‘Reprocessing and Reuse of Single-Use documents are neither final, nor are Devices: Review Prioritization Scheme’’ [Docket No. 00D±0053] they in effect at this time. The review and ‘‘Enforcement Priorities for Single- prioritization scheme guidance Use Devices Reprocessed by Third Reprocessing and Reuse of Single-Use document sets forth factors FDA (we) Parties and Hospitals’’ to the Division of Devices: Review Prioritization Scheme; would consider in categorizing a Small Manufacturers Assistance (HFZ– and Enforcement Priorities for Single- reprocessed single-use device (SUD) as 220), Center for Devices and Use Devices Reprocessed by Third high, moderate, or low risk. The Radiological Health, Food and Drug Parties and Hospitals; Availability enforcement priorities guidance Administration, 1350 Piccard Dr., document sets forth our priorities for Rockville, MD 20850. Send two self- AGENCY: Food and Drug Administration, various requirements based on the risk addressed adhesive labels to assist that HHS. categorization of a device. office in processing your request, or fax

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 7028 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices your request to 301–443–8818. Submit activities based on the degree of risk would consider in categorizing a written comments concerning these posed by the reprocessing. To reprocessed device as high, moderate, or guidances to the Dockets Management accomplish this process, we proposed low risk, which we would use in setting Branch, (HFA–305), Food and Drug the following steps: our enforcement priorities. An appendix Administration, 5630 Fishers Lane, rm. (1) Develop a list of commonly reused to the guidance lists commonly 1061, Rockville, MD 20852. Comments SUD’s; reprocessed SUD’s, and lists what should be identified with the docket (2) Develop a list of factors to category of risk we believe a particular number found in brackets in the determine the degree of risks associated device falls within if reprocessed. heading of this document. with reprocessing devices; On December 9, 1999, we published (3) Use that list of factors to divide the FOR FURTHER INFORMATION CONTACT: an earlier version of the guidance list of commonly reprocessed SUD’s Regarding ‘‘Reprocessing and Reuse Of document on our Internet site. The into three categories of risk—high, Single-Use Devices: Review Federal Register document announcing moderate, and low; and this earlier draft guidance version was Prioritization Scheme,’’ Barbara C. (4) Develop priorities for enforcement Zimmerman, Center for Devices and published on February 2, 2000 (65 FR of regulatory requirements for hospitals 4985). Radiological Health (HFZ–450), Food and third party reprocessors, based on and Drug Administration, 9200 The revised draft guidance document the category of risk (high, moderate, and incorporates comments we received at Corporate Blvd., Rockville, MD 20850, low). 301–443–8517. the December 14, 1999, public meeting We received many comments and written submissions, and includes Regarding ‘‘Enforcement Priorities For expressing concern that we were Single-Use Devices Reprocessed by the risk category that we believe a proposing to develop a new regulatory particular device falls within if Third Parties and Hospitals,’’ Larry D. system for reprocessed SUD’s that was Spears, Center for Devices and reprocessed. This revised guidance outside of the current classification replaces the earlier version, however, it Radiological Health (HFZ–340), Food system under section 513 of the Federal and Drug Administration, 2094 Gaither is a draft guidance that is not in effect Food, Drug, and Cosmetic Act (21 U.S.C. at this time. Rd., Rockville, MD 20850, 301–594– 360c) for class I, II, and III devices. We 4646. (2) The other draft guidance clarified at the meeting that the document is entitled ‘‘Enforcement SUPPLEMENTARY INFORMATION: categorization of devices by risk would Priorities for Single-Use Devices be used solely in setting enforcement I. Background Reprocessed by Third Parties and priorities; it would not entail a process Hospitals.’’ This draft guidance The practice of reprocessing devices outside of the current classification document sets forth our priorities for that are intended for single-use (SUD’s) system. enforcing various regulatory began in hospitals in the late 1970’s. Under the proposed strategy, devices requirements, based on the Since that time, the practice has become would still be classified as class I, II, categorization of a device, as described widespread. We have not regulated and III and still have premarket in the risk categorization guidance. original equipment manufacturers notification (510(k)) or premarket (OEM’s), third parties, and hospitals approval (PMA) requirements based on II. Significance of Guidance that engage in reprocessing SUD’s in the that classification. The proposed These guidance documents represent same manner. In particular, to date, we prioritization scheme would only apply the agency’s current thinking on the have enforced existing premarket to our enforcement priorities, it would factors we would consider in submission requirements only against not relate to established premarket categorizing a reprocessed device as OEM’s. submission requirements. For example, high, moderate, or low risk. They also In response to concerns raised by if we categorized a certain type of identify how commonly reprocessed original equipment manufacturers and device as high risk under the devices might be categorized and how consumers about safety issues prioritization scheme, it would mean this categorization affects the agency’s associated with reprocessing SUD’s, in that we would set the enforcement of regulatory priorities. the Federal Register of November 3, regulatory requirements for that device These guidance documents do not 1999 (64 FR 59782), we announced a as the highest priority. It would not create or confer any rights for or on any proposed strategy on reuse of SUD’s. affect the classification of the device or person and do not operate to bind us or The essence of this proposed strategy the type of marketing submission that the public. was to regulate OEM’s, third parties, would be required for that device. If the The agency has adopted Good and hospitals that reprocess SUD’s in generic type of that device were class III, Guidance Practices (GGP’s), which set the same manner. we would generally require an approved forth our policies and procedures for the On December 14, 1999, we held a PMA application before marketing. If development, issuance, and use of public meeting to provide the the generic type of device were class II, guidance documents (62 FR 8961, opportunity to interested parties to we would require clearance of a 510(k) February 27, 1997). These guidance comment on its proposed strategy. We before marketing. A high risk documents are issued as Level 1 received comments on the proposed categorization, therefore, would affect guidance consistent with GGP’s. strategy from OEM’s, third party the timing of our enforcement of these III. Electronic Access reprocessors, health-care professionals, requirements rather than the and other interested parties, both during requirements themselves. In order to receive these draft and subsequent to this meeting. We are issuing two companion draft guidance documents via your fax One of the principle components of guidance documents that would machine, call the CDRH Facts-On- our proposed strategy was the implement our proposed enforcement Demand (FOD) system at 800–899–0381 establishment of agency enforcement strategy: or 301–827–0111 from a touch-tone priorities concerning regulatory (1) One draft guidance is entitled telephone. At the first voice prompt requirements for third party and ‘‘Reprocessing and Reuse of Single-Use press 1 to access DSMA Facts, at second hospital reprocessors of SUD’s. We Devices: Review Prioritization Scheme.’’ voice prompt press 2, and then enter the proposed to prioritize its enforcement This draft guidance sets forth factors we document number (1156– Reprocessing

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7029 and Reuse of Single-Use Devices: DEPARTMENT OF HEALTH AND Dated: February 4, 2000. Review Prioritization Scheme) or (1029– HUMAN SERVICES Jane M. Harrison, Enforcement Priorities for Single-Use Director, Division of Policy Review and Devices Reprocessed by Third Parties Health Resources and Services Coordination. and Hospitals) followed by the pound Administration Advisory Council; [FR Doc. 00–3170 Filed 2–10–00; 8:45 am] sign (#). Then follow the remaining Notice of Meeting BILLING CODE 4160±15±P voice prompts to complete your request. In accordance with section 10(a)(2) of Persons interested in obtaining a copy the Federal Advisory Committee Act DEPARTMENT OF HEALTH AND of these guidance documents may do so (Public Law 92–463), announcement is HUMAN SERVICES by using the Internet. CDRH maintains made of the following National an entry on the Internet for easy access Advisory body scheduled to meet National Institutes of Health to information including text, graphics, during the month of March 2000. and files that may be downloaded to a Center for Scientific Review; Notice of Name: Advisory Commission on personal computer with access to the Closed Meetings Childhood Vaccines (ACCV). Internet. Updated on a regular basis, the Date and Time: March 1, 2000; 9 a.m.–5 Pursuant to section 10(d) of the CDRH home page includes the guidance p.m. Federal Advisory Committee Act, as documents entitled ‘‘Reprocessing and Place: Parklawn Building,Conference amended (5 U.S.C. Appendix 2), notice Reuse of Single-Use Devices: Review Rooms G&H,5600 Fishers Lane,Rockville, is hereby given of the following Prioritization Scheme’’ and Maryland 20857. meetings. ‘‘Enforcement Priorities for Single-Use The meeting is open to the public. The meetings will be closed to the Devices Reprocessed by Third Parties The full Commission will meet on public in accordance with the and Hospitals,’’ device safety alerts, Wednesday, March 1, 2000, from 9 a.m. to 5 provisions set forth in sections Federal Register reprints, information p.m. Agenda items will include, but not be 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., on premarket submissions (including limited to: A presentation on the Government as amended. The grant applications and Accounting Office Report, a discussion on lists of approved applications and the discussions could disclose exemptions provided under state laws for manufacturers’ addresses), small confidential trade secrets or commercial philosophical and religious reasons in manufacturers’ assistance, information vaccinations; updates from the Department of property such as patentable material, on video conferencing and electronic Justice and the National Vaccine Program and personal information concerning submissions, mammography matters, Office; and routine program reports. individuals associated with the grant and other device-oriented information. Public comment will be permitted before applications, the disclosure of which The CDRH home page may be accessed lunch and at the end of the Commission would constitute a clearly unwarranted at http://www.fda.gov/cdrh. meeting on March 1, 2000. Oral presentations invasion of personal privacy. ‘‘Reprocessing and Reuse of Single-Use will be limited to 5 minutes per public Name of Committee: Center for Scientific Devices: Review Prioritization Scheme’’ speaker. Persons interested in providing an Review Special Emphasis Panel. will be available at http://www.fda.gov/ oral presentation should submit a written Date: February 16, 2000. cdrh/ODE. ‘‘Enforcement Priorities for request, along with a copy of their Time: 3 pm to 4 pm. Single-Use Devices Reprocessed by presentation to: Ms. Shelia Tibbs, Principal Agenda: To review and evaluate grant Staff Liaison, Division of Vaccine Injury applications. Third Parties and Hospitals’’ will be Place: Georgetown Holiday Inn, 2101 available at http://www.fda.gov/cdrh/ Compensation, Bureau of Health Professions, Health Resources and Services Wisconsin Avenue, NW, Wasingtion, DC OC. Administration, Room 8A–46, 5600 Fishers 20007. Contact Person: Zakir Bengali, PHD, Lane, Rockville, MD 20857, Telephone (301) IV. Comments Scientific Review Administrator, Center for 443–1896. Requests should contain the name, Scientific Review, National Institutes of Interested persons may submit to address, telephone number, and any business Health, 6701 Rockledge Drive, Room 5150, Dockets Management Branch (address or professional affiliation of the person MSC 7842, Bethesda, MD 20892, (301) 435– above) written comments regarding desiring to make an oral presentation. Groups 1742. these draft guidance documents by having similar interests are requested to This notice is being published less than 15 April 11, 2000. Two copies of any combine their comments and present them days prior to the meeting due to the timing comments are to be submitted, except through a single representative. The limitations imposed by the review and funding cycle. that individuals may submit one copy. allocation of time may be adjusted to accommodate the level of expressed interest. Comments are to be identified with the Name of Committee: Center for Scientific The Division of Vaccine Injury Compensation Review Special Emphasis Panel. docket number found in brackets in the will notify each presenter by mail or Date: February 18, 2000. heading of this document. The guidance telephone of their assigned presentation time. Time: 11 am to 12:30 pm. documents and received comments may Persons who do not file an advance request Agenda: To review and evaluate grant be seen in the Dockets Management for a presentation, but desire to make an oral applications. Branch between 9 a.m. and 4 p.m., statement, may sign-up in Conference Rooms Place: Georgetown Holiday Inn, 2101 Monday through Friday. G and H on March 1, 2000. These persons Wisconsin Avenue, NW, Washington, DC will be allocated time as time permits. 20007. Dated: February 8, 2000, Contact Person: Zakir Bengali, PHD, Anyone requiring information regarding Scientific Review Administrator, Center for Margaret Dotzel, the Commission should contact Ms. Tibbs, Scientific Review, National Institutes of Acting Associate Commissioner for Policy. Division of Vaccine Injury Compensation, Health, 6701 Rockledge Drive, Room 5150, [FR Doc. 00–3345 Filed 2–9–00; 12:28 pm] Bureau of Health Professions, Health MSC 7842, Bethesda, MD 20892, (301) 435– BILLING CODE 4160±01±F Resources and Services Administration, 1742. Room 8A–46, 5600 Fishers Lane, Rockville, This notice is being published less than 15 Maryland 20857, Telephone (301) 443–1896. days prior to the meeting due to the timing Agenda items are subject to change as limitations imposed by the review and priorities dictate. funding cycle.

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Name of Committee: Center for Scientific Agenda: To review 1999 Annual Report Contact Person: Michael B Small, Phd, Review Special Emphasis Panel. and develop questions and agendas for future Scientific Review Administrator, Grants Date: February 25, 2000. meetings in 2000. Review Branch, Division of Extramural Time: 8:30 am to 5 pm. Place: National Institutes of Health, 31 Activities, National Cancer Institute, 6116 Agenda: To review and evaluate grant Center Drive, Building 31C, Room 4A48, Executive Boulevard, Room 8040, Bethesda, applications. Bethesda, MD 20892–2473 (Telephone MD 20892, 301/402–0996. Conference Call). Place: Holiday Inn, 5520 Wisconsin Ave, (Catalogue of Federal Domestic Assistance Contact Person: Maureen O. Wilson, Ph.D., Chase Room, Chevy Chase, MD 20815. Program Nos. 93.392, Cancer Construction; Executive Secretary, National Cancer Contact Person: Betty Hayden, PHD, 93.393, Cancer Cause and Prevention Institute, National Institutes of Health, 31 Scientific Review Administrator, Center for Research; 93.394, Cancer Detection and Center Drive, Building 31, Room 4A48, Scientific Review, National Institutes of Diagnosis Research; 93.395, Cancer Health, 6701 Rockledge Drive, Room 4206, Bethesda, MD 20892, (301) 496–1148. This notice is being published less than 15 Treatment Research; 93.396, Cancer Biology MSC 7812, Bethesda, MD 20892, 301–435– Research; 93.397, Cancer Centers Support; 1223, [email protected]. days prior to the meeting due to the timing limitations imposed by the requirement to 93.398, Cancer Research Manpower; 93.399, This notice is being published less than 15 finalize the 1999 Annual Report and Cancer Control, National Institutes of Health, days prior to the meeting due to the timing establish future meeting agendas. HHS) limitations imposed by the review and Dated: February 7, 2000. funding cycle. (Catalogue of Federal Domestic Assistance LaVerne Y. Stringfield, Name of Committee: Center for Scientific Program Nos. 93.293, Cancer Construction; Review Special Emphasis Panel. 93.393, Cancer Cause and Prevention Director, Office of Federal Advisory Date: February 27, 2000. Research; 93.394, Cancer Detection and Committee Policy. Diagnosis Research; 93.395, Cancer Time: 4:30 pm to 6 pm. [FR Doc. 00–3251 Filed 2–10–00; 8:45 am] Treatment Research; 93.396, Cancer Biology Agenda: To review and evaluate grant BILLING CODE 4140±01±M Research; 93.397, Cancer Centers Support; applications. 93.398, Cancer Research Manpower; 93.399, Place: Holiday Inn—Bethesda, 8120 Cancer Control, National Institutes of Health, Wisconsin Avenue, Bethesda, MD 20814. HHS) DEPARTMENT OF HEALTH AND Contact Person: Dharam S. Dhindsa, DVM, HUMAN SERVICES PHD, Scientific Review Administrator, Dated: February 7, 2000. Center for Scientific Review, National LaVerne Stringfield, National Institutes of Health Institutes of Health, 6701 Rockledge Drive, Director, Office of Federal Advisory Room 5126, MSC 7854, Bethesda, MD 20892, Committee Policy. National Heart, Lung, and Blood (301) 435–1174, [email protected]. [FR Doc. 00–3250 Filed 2–10–00; 8:45 am] Institute; Notice of Closed Meeting (Catalogue of Federal Domestic Assistance BILLING CODE 4140±01±M Program Nos. 93.306, Comparative Medicine, Pursuant to section 10(d) of the 93.306; 93.333, Clinical Research, 93.333, Federal Advisory Committee Act, as 93.337, 93.393–93.396, 93.837–93.844, DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice 93.846–93.878, 93.892, 93.893, National HUMAN SERVICES is hereby given of the following Institutes of Health, HHS) meeting. Dated: February 7, 2000. National Institutes of Health The meeting will be closed to the LaVerne Y. Stringfield, public in accordance with the Director, Office of Federal Advisory National Cancer Institute; Notice of provisions set forth in sections Committee Policy. Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and [FR Doc. 00–3253 Filed 2–10–00; 8:45 am] Pursuant to section 10(d) of the the discussions could disclose BILLING CODE 4140±01±M Federal Advisory Committee Act, as confidential trade secrets or commercial amended (5 U.S.C. Appendix 2), notice property such as patentable material, is hereby given of the following DEPARTMENT OF HEALTH AND and personal information concerning meeting. HUMAN SERVICES The meeting will be closed to the individuals associated with the grant applications, the disclosure of which National Institutes of Health public in accordance with the provisions set forth in sections would constitute a clearly unwarranted invasion of personal privacy. National Cancer Institute; Notice of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Closed Meeting as amended. The grant applications and Name of Committee: Heart, Lung, and the discussions could disclose Blood Program Project Review Committee. Pursuant to section 10(d) of the confidential trade secrets or commercial Date: March 23, 2000. property such as patentable material, Time: 8 a.m. to 5 p.m. Federal Advisory Committee Act, as Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice and personal information concerning applications. is hereby given of the meeting of the individuals associated with the grant Place: Holiday Inn—Silver Spring, 8777 President’s Cancer Panel. applications, the disclosure of which Georgia Avenue, Silver Spring, MD 20910. would constitute a clearly unwarranted The meeting will be closed to the Contact Person: Jeffrey H. Hurst, PhD, invasion of personal privacy. Scientific Review Administrator, Review public in accordance with the Name of Committee: National Cancer Branch, National Heart, Lung, and Blood provisions set forth in section Institute, National Institutes of Health, 6701 552b(c)(9)(B), Title 5 U.S.C., as amended Institute Special Emphasis Panel, Molecular Mechanism of Human Bladder Rockledge Drive, Room 7208, Bethesda, MD because the premature disclosure of 20892, 301/435–0303. which would be likely to significantly Carcinogenesis. Date: February 28–March 1, 2000. (Catalogue of Federal Domestic Assistance frustrate implementation of proposed Time: 7 pm to 12 pm. Program Nos. 93.233, National Center for action the Panel may plan to take. Agenda: To review and evaluate grant Sleep Disorders Research; 93.837, Heart and Name of Committee: President’s Cancer applications. Vascular Diseases Research; 93.838, Lung Panel. Place: The Ritz Carlton Huntington Hotel, Diseases Research; 93.839, Blood Diseases Date: February 14, 2000. 1401 South Oak Knoll Avenue, Pasadena, CA and Resources Research, National Institutes Time: 3:00 p.m. to 6:00 p.m. 91106. of Health, HHS)

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Dated: February 4, 2000. Dated: February 7, 2000. DEPARTMENT OF HEALTH AND LaVerne Y. Stringfield, LaVerne Y. Stringfield, HUMAN SERVICES Director, Office of Federal Advisory Director, Office of Federal Advisory Committee Policy. Committee Policy. National Institutes of Health [FR Doc. 00–3258 Filed 2–10–00; 8:45 am] [FR Doc. 00–3248 Filed 2–10–00; 8:45 am] National Institute of Allergy and BILLING CODE 4140±01±M BILLING CODE 4140±01±M infectious Diseases; Notice of Closed Meeting DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the HUMAN SERVICES HUMAN SERVICES Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice National Institutes of Health National Institutes of Health is hereby given of the following meeting. National Institute on Deafness and The meeting will be closed to the Other Communication Disorders; National Institute on Deafness and public in accordance with the Notice of Meeting Other Communication Disorders; Notice of Closed Meeting provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the as amended. The contract proposals and Federal Advisory Committee Act, as Pursuant to section 10(d) of the the discussions could disclose amended (5 U.S.C. Appendix 2), notice Federal Advisory Committee act, as confidential trade secrets or commercial is hereby given of a meeting of the amended (5 U.S.C. Appendix 2), notice property such as patentable material, Board of Scientific Counselors, NIDCD. is hereby given of the following meeting. and personal information concerning The meeting will be open to the individuals associated with the contract public as indicated below, with The meeting will be closed to the proposals, the disclosure of which attendance limited to space available. public in accordance with the would constitute a clearly unwarranted Individuals who plan to attend and provisions set forth in sections invasion of privacy. need special assistance, such as sign 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of language interpretation or other as amended. The grant applications and Allergy and infectious Diseases Special reasonable accommodations, should the discussions could disclose Emphasis Panel. notify the Contact Person listed below confidential trade secrets or commercial Date: March 1, 2000. in advance of the meeting. property such as patentable material, Time: 1 pm to 4 pm. The meeting will be closed to the and personal information concerning Agenda: To review and evaluate contract public as indicated below in accordance individuals associated with the grant proposals. Place: 6700–B Rockledge Drive, Room with the provisions set forth in section applications, the disclosure of which 2156, Bethesda, MD 20892, (Telephone 552b(c)(6), Title 5 U.S.C., as amended would constitute a clearly unwarranted Conference Call). for the review, discussion, and invasion of personal privacy. Contact Person: Allen C. Stoolmiller, Phd, evaluation of individual intramural Name of Committee: National Institute on Scientific Review Administrator, Scientific Review Program, Division of Extramural programs and projects conducted by the Deafness and Other Communications Activities, NIAID, NIH, Room 2220, 6700–B National Institute on Deafness and Disorders Special Emphasis Panel. Other Communication Disorders, Rockledge Drive, MSC 7610, Bethesda, MD Date: March 23, 2000. 20892–7610, 301–496–2550. including consideration of personnel Time: 9:00 a.m. to 5:00 p.m. qualifications and performance, and the Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, competence of individual investigators, applications. and Transplantation Research; 93.856, the disclosure of which would Place: Westin Fairfax Hotel, 2100 constitute a clearly unwarranted Microbiology and Infectious Diseases Massachusetts Ave, N.W., Washington, DC Research, National Institutes of Health, HHS) invasion of personal privacy. 20008. Dated: February 7, 2000. Name of Committee: Board of Scientific Contact Person: Stanley C. Oaks, Jr., Phd, LaVerne Y. Stringfield, Counselors, NIDCD. Scientific Review Branch, Division of Date: March 24, 2000. Extramural Research, Executive Plaza South, Director, Office of Federal Advisory Open: 8:00 a.m. to 8:30 a.m. Room 400C, 6120 Executive Blvd., Bethesda, Committee Policy. Agenda: Reports from Institute staff. MD 20892–7180, 301–496–8683. [FR Doc. 00–3252 Filed 2–10–00; 8:45 am] Place: 5 Research Court, Conference Room BILLING CODE 4140±01±M 2A07, Rockville, MD 20850. (Catalogue of Federal Domestic Assistance Closed: 8:30 a.m. to 3:35 p.m. Program Nos. 93.173, Biological Research Agenda: To review and evaluate personal Related to Deafness and Communicative DEPARTMENT OF HEALTH AND qualifications and performance, and Disorders, National Institutes of Health, HHS) HUMAN SERVICES competence of individual investigators. Dated: February 7, 2000. Place: 5 Research Court, Conference Room LaVerne Y. Stringfield, National Institutes of Health 2A07, Rockville, MD 20850. Contact Person: Robert J. Wenthold, PhD, Director, Office of Federal Advisory National Institute of Neurological Acting Director, Division of Intramural Committee Policy. Disorders and Stroke; Notice of Closed Research, National Institute on Deafness and [FR Doc. 00–3249 Filed 2–10–00; 8:45 am] Meeting Other Communication Disorders, 5 Research BILLING CODE 4140±01±M Court, Room 2B28, Rockville, MD 20852, Pursuant to section 10(d) of the 301–402–2829. Federal Advisory Committee Act, as (Catalogue of Federal Domestic Assistance amend (5 U.S.C. Appendix 2), notice is Program Nos. 93.173, Biological Research hereby given of the following meeting. Related to Deafness and Communicative The meeting will be closed to the Disorders, National Institutes of Health, HHS) public in accordance with the

VerDate 272000 20:44 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 7032 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices provisions set forth in sections would constitute a clearly unwarranted DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. HUMAN SERVICES as amended. The contract proposals and Name of Committee: National Institute of National Institutes of Health the discussions could disclose Diabetes and Digestive and Kidney Diseases confidential trade secrets or commercial Initial Review Group, Digestive Diseases and National Institute of Dental and property such as patentable material, Nutrition C Subcommittee. and personal information concerning Craniofacial Research; Notice of Date: March 2–3, 2000. Closed Meetings individuals associated with the contract Time: 8:00 a.m. to 5:00 p.m. proposals, the disclosure of which Agenda: To review and evaluate grant Pursuant to section 10(d) of the would constitute a clearly unwarranted applications. Federal Advisory Committee Act, as invasion of personal privacy. Place: Double Tree Hotel, 1750 Rockville amended (5 U.S.C. Appendix 2), notice Name of Committee: National Institute of Pike, Rockville, MD 20852. is hereby given of the following Neurological Disorders and Stroke Special Contact Person: Dan Matsumoto, Phd, meetings. Emphasis Panel. Scientific Review Administrator, Review The meetings will be closed to the Date: February 17, 2000. Branch, DEA, NIDDK, Natcher Building, public in accordance with the Time: 3:30 pm to 5:30 pm. Room 6AS–37B, National Institutes of provisions set forth in sections Agenda: To review and evaluate contract Health, Bethesda, MD 20892–6600, (301) 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., proposals. Place: Neuroscience Center, National 594–8894. as amended. The grant applications Institutes of Health, 6001 Executive Blvd., Name of Committee: National Institute of and/or contract proposals and the Bethesda, MD 20892, (Telephone Conference Diabetes and Digestive and Kidney Diseases discussions could disclose confidential Call). Initial Review Group Diabetes, trade secrets or commercial property Contact Person: Phillip F. Wiethorn, Endocrinology and Metabolic Diseases B such as patentable material, and Scientific Review Administrator, Scientific Subcommittee. personal information concerning Review Branch, NINDS/NIH/DHHS, Date: March 9–10, 2000. individuals associated with the grant Neuroscience Center, 6001 Executive Blvd, Time: 8:30 a.m. to 5:00 p.m. applications and/or contract proposals, Suite 3208, MSC 9529, Bethesda, MD 20892– Agenda: To review and evaluate grant 9529, 301–496–9223. the disclosure of which would applications. This notice is being published less than 15 constitute a clearly unwarranted Place: The Hyatt Regency Hotel, 100 days prior to the meeting due to the timing invasion of personal privacy. Bethesda Metro Center, Bethesda, MD 20814. limitations imposed by the review and Name of Committee: National Institute of Contact Person: Ned Feder, MD, Scientific funding cycle. Dental Research Special Emphasis Panel, 00– Review Administrator, Review Branch, DEA, (Catalogue of Federal Domestic Assistance 25, R 13 Grant. NIDDK, National Institutes of Health, Program Nos. 93.853, Clinical Research Date: February 9, 2000. Building 45, Room 6AS25S, 9000 Rockville Related to Neurological Disorders; 93.854, Time: 9:00 a.m. to 10:30 a.m. Biological Basis Research in the Pike, Bethesda, MD 20892. Agenda: To review and evaluate grant Neurosciences, National Institutes of Health, Name of Committee: National Institute of applications and/or proposals. HHS) Diabetes and Digestive and Kidney Diseases Place: Natcher Building, Rm. 4AN44F, Bethesda, MD 20892, (Telephone Conference Dated: February 4, 2000. Initial Review Group, Kidney, Urologic and Hematologic Diseases D Subcommittee. Call). LaVerne Y. Stringfield, Date: March 23–24, 2000. Contact Person: H. George Hausch, PhD, Director, Office of Federal Advisory Chief, 4500 Center Drive, Natcher Building, Time: 11:00 a.m. to 5:00 p.m. Committee Policy. Rm. 4AN44F, National Institutes of Health, Agenda: To review and evaluate grant [FR Doc. 00–3254 Filed 2–10–00; 8:45 am] Bethesda, MD 20892, (301) 594–2372. applications. This notice is being published less than 15 BILLING CODE 4140±01±M Place: Bethesda Holiday Inn, 8120 days prior to the meeting due to the timing Wisconsin Avenue, Bethesda, MD 20814. limitations imposed by the review and Contact Person: Ann A. Hagan, PhD, funding cycle. DEPARTMENT OF HEALTH AND Scientific Review Administrator, Review Name of Committee: National Institute of HUMAN SERVICES Branch, DEA, NIDDK, National Institutes of Dental Research Special Emphasis Panel, 30– 00, R13 Review. National Institutes of Health Health, Building 45, Bethesda, MD 20892, (301) 594–8886. Date: February 10, 2000. Time: 1:00 p.m. to 2:00 p.m. National Institute of Diabetes and (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Digestive and Kidney Diseases; Notice Program Nos. 93.847, Diabetes, applications. of Closed Meetings Endocrinology and Metabolic Research; Place: Natcher Building, Rm. 4AN44F, Bethesda, MD 20892, (Telephone Conference Pursuant to section 10(d) of the 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology Call). Federal Advisory Committee Act, as and Hematology Research, National Institutes Contact Person: Yasaman Shirazi, PhD, amended (5 U.S.C. Appendix 2), notice of Health, HHS) Scientific Review Administrator, 4500 Center is hereby given of the following Drive, Natcher Building, Rm. 4AN44F, meetings. Dated: February 4, 2000. National Institute of Dental & Craniofacial The meetings will be closed to the LaVerne Y. Stringfield, Res., Bethesda, MD 20892, (301) 594–2372. public in accordance with the Director, Office of Federal Advisory This notice is being published less than 15 provisions set forth in sections Committee Policy. days prior to the meeting due to the timing 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., limitations imposed by the review and [FR Doc. 00–3255 Filed 2–10–00; 8:45 am] funding cycle. as amended. The grant applications and BILLING CODE 4140±01±M the discussions could disclose Name of Committee: National Institute of Dental Research Special Emphasis Panel, 00– confidential trade secrets or commercial 31, Review of R44. property such as patentable material, Date: February 25, 2000. and personal information concerning Time: 11:00 a.m. to 1:00 p.m. individuals associated with the grant Agenda: To review and evaluate grant applications, the disclosure of which applications and/or proposals.

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Place: Natcher Building, Rm. 4AN44F, Dated: February 4, 2000. DEPARTMENT OF HEALTH AND Bethesda, MD 20892, (Telephone Conference LaVerne Y. Stringfield, HUMAN SERVICES Call). Director, Office of Federal Advisory Contact Person: Philip Washko, PhD, DMD, Committee Policy. National Institutes of Health Scientific Review Administrator, 4500 Center [FR Doc. 00–3256 Filed 2–10–00; 8:45 am] Drive, Natcher Building, Rm. 4AN44F, Center for Scientific Review; Notice of National Institutes of Health, Bethesda, MD BILLING CODE 4140±01±M Closed Meetings 20892, (301) 594–2372. Pursuant to section 10(d) of the Name of Committee: National Institute of Dental Research Special Emphasis Panel, 24– DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as 00, Applicant interview P01. HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice Date: March 1–2, 2000. is hereby given of the following Time: 8:30 a.m. to 5:00 p.m. National Institutes of Health meetings. Agenda: To review and evaluate grant The meetings will be closed to the applications. National Institute of Dental and public in accordance with the Place: The Hyatt Regency Hotel, 100 Craniofacial Research; Notice of provisions set forth in sections Bethesda Metro Center, Bethesda, MD 20814. Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Yasaman Shirazi, PhD, as amended. The grant applications and Scientific Review Administrator, 4500 Center Pursuant to section 10(d) of the the discussions could disclose Drive, Natcher Building, Rm. 4AN44F, Federal Advisory Committee Act, as confidential trade secrets or commercial National Institute of Dental & Craniofacial amended (5 U.S.C. Appendix 2), notice property such as patentable material, Res., Bethesda, MD 20892, (301) 594–2372. is hereby given of the following and personal information concerning Name of Committee: National Institute of meeting. individuals associated with the grant applications, the disclosure of which Dental Research Special Emphasis Panel, 00– The meeting will be closed to the 23, R01 Review. would constitute a clearly unwarranted public in accordance with the Date: March 8, 2000. invasion personal privacy. Time: 10:00 a.m. to 11:00 a.m. provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Center for Scientific Agenda: To review and evaluate grant Review Special Emphasis Panel. applications. as amended. The grant applications Date: February 10, 2000. Place: Natcher Building, Rm. 4AN44F, and/or contract proposals and the Time: 4:30 p.m. to 7 p.m. Bethesda, MD 20892, (Telephone Conference discussions could disclose confidential Agenda: To review and evaluate grant Call). trade secrets or commercial property applications. Contact Person: Philip Washko, PhD, DMD, such as patentable material, and Place: Holiday Inn Chevy Chase, 5520 Scientific Review Administrator, 4500 Center personal information concerning Wisconsin Avenue, Chevy Chase, MD 20815. Drive, Natcher Building, Rm. 4AN44F, individuals associated with the grant Contact Person: Anita Miller Sostek, PhD, Scientific Review Administrator, Center for National Institutes of Health, Bethesda, MD applications and/or contract proposals, 20892, (301) 594–2372. Scientific Review, National Institutes of the disclosure of which would Health, 6701 Rockledge Drive, Room 3176, Name of Committee: National Institute of constitute a clearly unwarranted MSC 7848, Bethesda, MD 20892, (301) 435– Dental Research Special Emphasis Panel, 00– invasion of personal privacy. 1260. 33, Review of grant. This notice is being published less than 15 Date: March 21, 2000. Name of Committee: NIDR Special Grants days prior to the meeting due to the timing Time: 2:00 p.m. to 4:00 p.m. Review Committee, Review Comm. limitations imposed by the review and Agenda: To review and evaluate grant Date: February 17–18, 2000. funding cycle. applications and/or proposals. Time: 8:00 a.m. to 5:00 p.m. Name of Committee: Center for Scientific Place: Natcher Building, Rm. 4AN44F, Agenda: To review and evaluate grant Review Special Emphasis Panel, ZRG1 VR– Bethesda, MD 20892, (Telephone Conference applications and/or proposals. 02. Call). Place: Hyatt Regency, One Metro Center, Date: February 14, 2000. Contact Person: Philip Washko, PhD, DMD, Bethesda, MD 20814. Time: 11 a.m. to 12 p.m. Scientific Review Administrator, 4500 Center Contact Person: William J. Gartland, PhD, Agenda: To review and evaluate grant Drive, Natcher Building, Rm. 4AN44F, Scientific Review Administrator, Scientific applications. National Institutes of Health, Bethesda, MD Review Section, National Institute of Dental Place: NIH, Rockledge 2, Bethesda, MD 20892, (301) 594–2372. Research, National Institutes of Health, PHS, 20892, (Telephone Conference Call). Contact Person: Rita Anand, PhD, DHHS, Bethesda, MD 20892, (301) 594–2372. Name of Committee: National Institute of Scientific Review Administrator, Center for Dental Research Special Emphasis Panel, 00– This notice is being published less than 15 Scientific Review, National Institutes of 22, Review of R13. days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 4188, Date: March 29, 2000. limitations imposed by the review and MSC 7808, Bethesda, MD 20892, (301) 435– Time: 1:00 p.m. to 3:00 p.m. funding cycle. 1151. Agenda: To review and evaluate grant This notice is being published less than 15 applications. (Catalogue of Federal Domestic Assistance days prior to the meeting due to the timing Place: Natcher Building, Rm. 4AN44F, Program Nos. 93.121, Oral Diseases and limitations imposed by the review and Bethesda, MD 20892, (Telephone Conference Disorders Research, National Institutes of funding cycle. Call). Health, HHS) Name of Committee: Center for Scientific Contact Person: H. George Hausch, PhD, Dated: February 4, 2000. Review Special Emphasis Panel. Chief, 4500 Center Drive, Natcher Building, LaVerne Y. Stringfield, Date: February 16, 2000. Time: 1 p.m to 4 p.m. Rm. 4AN44F, National Institutes of Health, Director, Office of Federal Advisory Bethesda, MD 20892, (301) 594–2372. Agenda: To review and evaluate grant Committee Policy. applications. (Catalogue of Federal Domestic Assistance [FR Doc. 00–3257 Filed 2–10–00; 8:45 am] Place: Governor’s House Hotel, Program Nos. 93.121, Oral Diseases and BILLING CODE 4140±01±U Washington, DC 20036. Disorders Research, National Institutes of Contact Person: John Bishop, PhD, Health, HHS) Scientific Review Administrator, Center for

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Scientific Review, National Institutes of Scientific Review, National Institutes of MSC 7802 Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 5180, Health, 6701 Rockledge Drive, Room 3186, 1212, [email protected]. MSC 7844, Bethesda, MD 20892, (301) 435– MSC 7848, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 1250. 0677. days prior to the meeting due to the timing This notice is being published less than 15 This notice is being published less than 15 limitations imposed by the review and days prior to the meeting due to the timing days prior to the meeting due to the timing funding cycle. limitations imposed by the review and limitations imposed by the review and Name of Committee: Infectious Diseases funding cycle. funding cycle. and Microbiology Initial Review Group, Name of Committee: Musculoskeletal and Name of Committee: Center for Scientific Microbial Physiology and Genetics Dental Sciences Initial Review Group, Oral Review Special Emphasis Panel. Subcommittee 1. Biology and Medicine Subcommittee 1. Date: February 22, 2000. Date: February 23–24, 2000. Date: February 21–22, 2000. Time: 2 p.m. to 4 p.m. Time: 8:30 am to 6 pm. Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. applications. applications. Place: NIH, Rockledge 2, Bethesda, MD Place: One Washington Circle Hotel, Place: Holiday Inn Old Town Alexandria, 20892, (Telephone Conference Call). Conference Center, One Washington Circle, 480 King Street, Alexandria, VA 22314. Contact Person: Syed Amir, PhD, Scientific Washington, DC 20037. Contact Person: Priscilla B. Chen, PhD, Review Administrator, Center for Scientific Contact Person: Martin L. Slater, PhD, Scientific Review Administrator, Center for Review, National Institutes of Health, 6701 Scientific Review Administrator, Center for Scientific Review, National Institutes of Rockledge Drive, Room 6168, MSC 7892, Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4104, Bethesda, MD 20892, (301) 435–1043. Health, 6701 Rockledge Drive, Room 4184, MSC 7814, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 MSC 7808, Bethesda, MD 20892, (301) 435– 1787. days prior to the meeting due to the timing 1149. This notice being published less than 15 limitations imposed by the review and This notice is being published less than 15 days prior to the meeting due to the timing funding cycle. days prior to the meeting due to the timing limitations imposed by the review and Name of Committee: Center for Scientific limitations imposed by the review and funding cycle. Review Special Emphasis Panel. funding cycle. Name of Committee: Infectious Diseases Date: February 23–24, 2000. Name of Committee: Oncological Sciences and Microbiology Initial Review Group, Time: 8 a.m. to 5 p.m. Initial Review Group, Experimental Bacteriology and Mycology Subcommittee 1. Agenda: To review and evaluate grant Therapeutics Subcommittee 2. Date: February 21–22, 2000. applications. Date: February 23–25, 2000. Time: 8:30 a.m. to 6 p.m. Place: Washington Monarch Hotel, 2401 M Time: 8:30 am to 6 pm. Agenda: To review and evaluate grant Street, NW, Washington, DC 20037. Agenda: To review and evaluate grant applications. Contact Person: Daniel R. Kenshalo, PhD, applications. Place: Embassy Suites, Chevy Chase Scientific Review Administrator, Center for Place: Embassy Suites, Chevy Chase Pavilion, 4300 Military Rd., Wisconsin at Scientific Review, National Institutes of Pavilion, 4300 Military Rd., Wisconsin at Western Ave., Washington, DC 20015. Health, 6701 Rockledge Drive, Room 5176, Western Ave., Washington, DC 20015. Contact Person: Timothy J. Henry, PhD, MSC 7844, Bethesda, MD 20892, (301) 435– Contact Person: Marcia Litwack, PhD, Scientific Review Administrator, Center for 1255. Scientific Review Administrator, Center for Scientific Review, National Institutes of This notice is being published less than 15 Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4180, days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 4150, MSC 7808, Bethesda, MD 20892, (301) 435– limitations imposed by the review and MSC 7804, Bethesda, MD 20892, (301) 435– 1147. funding cycle. 1719. This notice is being published less than 15 Name of Committee: Pathophysiological This notice is being published less than 15 days prior to the meeting due to the timing Sciences Initial Review Group, Lung Biology days prior to the meeting due to the timing limitations imposed by the review and and Pathology Study Section. limitations imposed by the review and funding cycle. Date: February 23–24, 2000. funding cycle. Name of Committee: Center for Scientific Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Review Special Emphasis Panel. Agenda: To review and evaluate grant Review Special Emphasis Panel. Date: February 22–23, 2000. applications. Date: February 23–24, 2000. Time: 8:30 a.m. to 5 p.m. Place: St. James Preferred Residence, 950 Time: 9 am to 5 pm. Agenda: To review and evaluate grant 24th St., NW, Washington, DC 20037. Agenda: To review and evaluate grant applications. Contact Person: George M. Barnas, PhD, applications. Place: Hyatt Regency Hotel, One Bethesda Scientific Review Administrator, Center for Place: Holiday Inn, 5520 Wisconsin Metro Center, Bethesda, MD 20814. Scientific Review, National Institutes of Avenue, Chevy Chase, MD 20815. Contact Person: Joanne T. Fujii, PhD, Health, 6701 Rockledge Drive, Room 2182, Contact Person: Cheri Wiggs, PhD, Scientific Review Administrator, Center for MSC 7818, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Scientific Review, National Institutes of 0696. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5218, This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 3180, Bethesda, MD 20892, (301) 435–1178, days prior to the meeting due to the timing MSC 7848, Bethesda, MD 20892, (301) 435– [email protected]. limitations imposed by the review and 8367. This notice is being published less than 15 funding cycle. This notice is being published less than 15 days prior to the meeting due to the timing Name of Committee: Cardiovascular days prior to the meeting due to the timing limitations imposed by the review and Sciences Initial Review Group, limitations imposed by the review and funding cycle. Cardiovascular Study Section. funding cycle. Name of Committee: Center for Scientific Date: February 23–24, 2000. Name of Committee: Center for Scientific Review Special Emphasis Panel. Time: 8 a.m. to 5 p.m. Review Emphasis Panel. Date: February 22, 2000. Agenda: To review and evaluate grant Date: February 23, 2000. Time: 8:30 a.m. to 4 p.m. applications. Time: 11:00 am to 1 pm. Agenda: To review and evaluate grant Place: Holiday Inn, 5520 Wisconsin Ave., Agenda: To review and evaluate grant applications. Chevy Chase, MD 20815. applications. Place: Holiday Inn Chevy Chase, 5520 Contact Person: Gordon L. Johnson, PhD, Place: NIH, Rockledge 2, Bethesda, MD Wisconsin Avenue, Chevy Chase, MD 20815. Scientific Review Administrator, Center for 20892, (Telephone Conference Call). Contact Person: Lee S. Mann, PhD, JD, Scientific Review, National Institutes of Contact Person: Dennis Leszczynski, PhD, Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 4136, Scientific Review Administrator, Center for

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Scientific Review, National Institutes of Name of Committee: Musculoskeletal and Date: February 24–25, 2000. Health, 6701 Rockledge Drive, Room 6170, Dental Sciences Initial Review Group, Time: 8:30 am to 5 pm. MSC 7892, Bethesda, MD 20892, (301) 435– Geriatrics and Rehabilitation Medicine. Agenda: To review and evaluate grant 1044. Date: February 24–25, 2000. applications. This notice is being published less than 15 Time: 8 a.m. to 5 p.m. Place: Embassy Suites, Chevy Chase days prior to the meeting due to the timing Agenda: To review and evaluate grant Pavilion, 4300 Military Rd., Wisconsin at limitations imposed by the review and applications. Western Ave., Washington, DC 20015. funding cycle. Place: Latham Hotel, 3000 M Street, NW, Contact Person: Michael A. Lang, PhD, Washington, DC 20007–3701. Scientific Review Administrator, Center for Name of Committee: Center for Scientific Contact Person: Jo Pelham, BA, Scientific Scientific Review, National Institutes of Review Special Emphasis Panel. Review Administrator, Center for Scientific Health, 6701 Rockledge Drive, Room 5210, Date: February 23, 2000. Review, National Institutes of Health, 6701 MSC 7850, Bethesda, MD 20892, (301) 435– Time: 3 pm to 4:30 pm. Rockledge Drive, Room 4106, MSC 7814, 1265. Agenda: To review and evaluate grant Bethesda, MD 20892, (301) 435–1786. Name of Committee: Cell Development and applications. Name of Committee: Biochemical Sciences Function Initial Review Group, International Place: NIH, Rockledge 2, Bethesda, MD Initial Review Group, Physiological and Cooperative Projects Study Section. 20892, (Telephone Conference Call). Chemistry Study Section. Date: February 24–25, 2000. Contact Person: Chhanda L. Ganguly, PhD, Date: February 24–25, 2000. Time: 8:30 am to 5 pm. Scientific Review Administrator, Center for Time: 8 a.m. to 3 p.m. Agenda: To review and evaluate grant Scientific Review, National Institutes of Agenda: To review and evaluate grant applications. Health, 6701 Rockledge Drive, Room 5156, applications. Place: DoubleTree Hotel, 1750 Rockville MSC 7842, Bethesda, MD 20892, (301) 435– Place: Ritz-Carlton Hotel at Pentagon City, Pike, Rockville, MD 20852. 1739. 1250 South Hayes Street, Arlington, VA Contact Person: Sandy Warren, MPH, This notice is being published less than 15 22202. DMD, Scientific Review Administrator, days prior to the meeting due to the timing Contact Person: Richard Panniers, PhD, Center for Scientific Review, National limitations imposed by the review and Scientific Review Administrator, Center for Institutes of Health, 6701 Rockledge Drive, funding cycle. Scientific Review, National Institutes of Room 5134, MDC 7840, Bethesda, MD 20892, Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5148, (301) 435–1019. Review Special Emphasis Panel. 7842, Bethesda, MD 20892, (301) 435–1741. Name of Committee: Center for Scientific Date: February 23, 2000. Name of Committee: Cell Development and Review Special Emphasis Panel. Time: 5 pm to 7 pm. Function Initial Review Group, Cell Date: February 24–25, 2000. Agenda: To review and evaluate grant Development and Function 3. Time: 8:30 am to 5 pm. applications. Date: February 24–25, 2000. Agenda: To review and evaluate grant Place: Holiday Inn Chevy Chase, 5520 Time: 8:30 a.m. to 5 p.m. applications. Wisconsin Avenue, Chevy Chase, MD 20815. Agenda: To review and evaluate grant Place: Bethesda Holiday Inn, Versailles III, Contact Person: Sooja K. Kim, PhD, Chief, applications. 8120 Wisconsin Avenue, Bethesda, MD Nutritional and Metabolic Sciences Initial Place: Holiday Inn Chevy Chase, 5520 20814. Review Group, Center for Scientific Review, Wisconsin Avenue, Chevy Chase, MD 20815. Contact Person: Samuel Rawlings, PhD, Naitonal Institutes of Health, 6701 Rockledge Contact Person: Gerhard Ehrenspeck, PhD, Scientific Review Administrator, Center for Drive, Room 6158, MSC 7892, Bethesda, MD Scientific Review Administrator, Center for Scientific Review, National Institutes of 20892, (301) 435–1780. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5160, This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 5138, MSC 7844, Bethesda, MD 20892, (301) 435– MSC 7840, Bethesda, MD 20892, (301) 435– 1243. days prior to the meeting due to the timing 1022, [email protected]. limitations imposed by the review and Name of Committee: Immunological funding cycle. Name of Committee: Infectious Diseases Sciences Initial Review Group, Allergy and and Microbiology Initial Review Group, Immunology Study Section. Name of Committee: Nutritional and Microbial Physiology and Genetics Date: February 24–25, 2000. Metabolic Sciences Initial Reveiw Group, Subcommittee 2. Time: 8:30 am to 5 pm. Nutrition Study Section. Date: February 24–25, 2000. Agenda: To review and evaluate grant Date: February 24–25, 2000. Time: 8:30 a.m. to 5 p.m. applications. Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant Place: Holiday Inn, 5520 Wisconsin Ave, Agenda: To review and evaluate grant applications. Palladian West, Chevy Chase, MD 20815. applications. Place: River Inn, 924 25th Street, NW, Contact Person: Eugene M. Zimmerman, Place: Double Tree Hotel, 1750 Rockville Washington, DC 20037. PhD, Scientific Review Administrator, Center Pike, Rockville, MD 20852. Contact Person: Rona L. Hirschberg, PhD, for Scientific Review, National Institutes of Contact Person: Sooja K. Kim, PhD, RD, Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 4202, Scientific Review Administrator, Center for Scientific Review, National Institutes of MSC 7812, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4186, 1220. Health, 6701 Rockledge Drive, Room 6158, MSC 7808, Bethesda, MD 20892, (301) 435– Name of Committee: Nutritional and MSC 7892, Bethesda, MD 20892, (301) 435– 1150. Metabolic Sciences Initial Review Group, 1780. Name of Committee: Genetic Sciences Metabolism Study Section. Name of Committee: Center for Scientific Initial Review Group, Genome Study Section. Date: February 24–25, 2000. Review Special Emphasis Panel. Date: February 24–25, 2000. Time: 8:30 am to 6 pm. Date: February 24–25, 2000. Time: 8:30 a.m. to 4:30 p.m. Agenda: To review and evaluate grant Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant applications. Agenda: To review and evaluate grant applications. Place: Holiday Inn Georgetown, 2101 applications. Place: Doubletree Hotel Rockville, 1750 Wisconsin Avenue, NW., Washington, DC Place: The Westin Fairfax Hotel, 2100 Rockville Pike, Rockville, MD 20852. 20007. Massachusetts Ave., NW, Washington, DC Contact Person: Cheryl M. Corsaro, PhD, Contact Person: Krish Krishnan, PhD, 20008. Scientific Review Administrator, Center for Scientific Review Administrator, Center for Contact Person: Nancy Hicks, PhD, Scientific Review, National Institutes of Scientific Review, National Institutes of Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 6172, Health, 6701 Rockledge Drive, Room 6164, Scientific Review, National Institutes of MSC 7890, Bethesda, MD 20892, (301) 435– MSC 7892, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 3158, 1045, [email protected]. 1041. MSC 7770, Bethesda, MD 20892, (301) 435– Name of Committee: Center for Scientific Name of Committee: Biophysical and 0695. Review Special Emphasis Panel. Chemical Sciences Initial Review Group, Bio-

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Organic and Natural Products Chemistry Name of Committee: Center for Scientific notice is hereby given of the cause and Study Section. Review Special Emphasis Panel. description of administrative actions Date: February 24–25, 2000. Date: February 24, 2000. taken by HUD’s Mortgagee Review Time: 9 am to 5 pm. Time: 11 am to 12:30 pm. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Board against HUD-approved applications. applications. mortgagees. Place: Holiday Inn—Silver Spring, 8777 Place: NIH, Rockledge 2, Bethesda, MD Georgia Avenue, Silver Spring, MD 20910. 20892, (Telephone Conference Call). FOR FURTHER INFORMATION CONTACT: Contact Person: Mike Radtke, PhD, Contact Person: Syed Husain, PhD, Phillip A. Murray, Director, Office of Scientific Review Administrator, Center for Scientific Review Administrator, Center for Lender Activities and Program Scientific Review, National Institutes of Scientific Review, National Institutes of Compliance, Room B–133–3214 Plaza, Health, 6701 Rockledge Drive, Room 4176, Health, 6701 Rockledge Drive, Room 5216, 451 7th Street, SW, Washington, DC MSC 7806, Bethesda, MD 20892, (301) 435– MSC 7850, Bethesda, MD 20892–7850, (301) 1728, [email protected]. 435–1224. 20410, telephone: (202) 708–1515. (This Name of Committee: Center for Scientific Name of Committee: Center for Scientific is not a toll-free number.) A Review Special Emphasis Panel. Review Special Emphasis Panel. Telecommunications Device for Hearing Date: February 24–25, 2000. Date: February 24–26, 2000. and Speech-Individuals (TTY) is Time: 9 am to 3 pm. Time: 7 pm to 4 pm. available at 1–800–877–8339 (Federal Agenda: To review and evaluate grant Agenda: To review and evaluate grant Information Relay Service). applications. applications. Place: Holiday Inn, Select, 480 King Street, Place: Admiral Fell Inn, 888 South SUPPLEMENTARY INFORMATION: Section Old Town Alexandria, VA 22314. Broadway, Baltimore, MD 21231. 202(c)(5) of the National Housing Act Contact Person: Robert Weller, PhD, Contact Person: Lee Rosen PhD, Scientific (added by section 142 of the Department Scientific Review Administrator, Center for Review Administrator, Center for Scientific of Housing and Urban Development Scientific Review, National Institutes of Review, National Institutes of Health, 6701 Reform Act of 1989, Public Law 101– Health, 6701 Rockledge Drive, Room 3160, Rockledge Drive, Room 5116, MSC 7854, MSC 7770, Bethesda, MD 20892, (301) 435– Bethesda, MD 20892, (301) 435–1171. 235, approved December 15, 1989), 0694. requires that HUD ‘‘publish a (Catalogue of Federal Domestic Assistance description of and the cause for Name of Committee: Center for Scientific Program Nos. 93.306, Comparative Medicine, Review Special Emphasis Panel. 93.306; 93.333, Clinical Research, 93.333, administrative actions against a HUD- Date: February 24–25, 2000. 93.337, 93.393–93.396, 93.837–93.844, approved mortgagee’’ by the Time: 9 am to 5 pm. 93.846–93.878, 93.892, 93.893, National Department’s Mortgagee Review Board. Agenda: To review and evaluate grant Institutes of Health, HHS) In compliance with the requirements of applications. Place: Georgetown Suites Hotel—Harbor Dated: February 4, 2000. Section 202(c)(5), notice is hereby given Building, 1000 29th Street NW., Washington, LaVerne Y. Stringfield, of administrative actions that have been DC 20007. Director, Office of Federal Advisory taken by the Mortgagee Review Board Contact Person: Anita Miller Sostek, PhD, Committee Policy. from October 1, 1998 through Scientific Review Administrator, Center for [FR Doc. 00–3259 Filed 2–10–00; 8:45 am] September 30, 1999. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3176, BILLING CODE 4140±01±M 1. Title I Lenders and Title II MSC 7848, Bethesda, MD 20892, (301) 435– Mortgagees That Failed To Comply 1260. With HUD/FHA Requirements for the Name of Committee: Center for Scientific DEPARTMENT OF HOUSING AND Submission of an Audited Annual Review Special Emphasis Panel. URBAN DEVELOPMENT Financial Statement and/or Payment of Date: February 24–25, 2000. Time: 9 am to 5 pm. [Docket No. FR±4558±N±01] the Annual Recertification Fee Agenda: To provide concept review of ACTION: Withdrawal of HUD/FHA proposed grant applications. Mortgagee Review Board; Place: The Doyle Hotel, 1500 New Administrative Actions Title I lender approval and Title II Hampshire Avenue, NW., Washington, DC mortgagee approval. AGENCY: 20036. Office of the Assistant Secretary for Housing-Federal Housing CAUSE: Failure to submit to the Contact Person: Carl D. Banner, PhD, Department the required annual audited Scientific Review Administrator, Center for Commissioner, HUD. financial statement, an acceptable Scientific Review, National Institutes of ACTION: Notice. Health, 6701 Rockledge Drive, Room 5212, annual audited financial statement, and/ MSC 7850, Bethesda, MD 20892, (301) 435– SUMMARY: In compliance with Section or remit the required annual 1251, [email protected]. 202(c) of the National Housing Act, recertification fee.

TITLE I.ÐLENDERS WITHDRAWN

Lender name City State

AAMES HOME LOAN ...... LOS ANGELES ...... CA ACCESSIBLE MORTGAGE CORP ...... PITTSFIELD ...... MA ACCURATE REALTY SERVICES INC ...... ENCINO ...... CA ADVANTAGE FINANCIAL INC ...... CORAL SPRINGS ...... FL AFFINITY FINANCE LLC ...... WALNUT CREEK ...... CA AHWATUKEE MORTGAGE INVESTMENT ...... MESA ...... AZ AIR GUARD FEDERAL CREDIT UNION ...... SIOUX FALLS ...... SD ALBANY SAVINGS BANK ...... ALBANY ...... NY ALL FLORIDA MORTGAGE INC ...... DAVIE ...... FL AMERICAN BANTRUST MTG SER CORP ...... PHOENIX ...... AZ AMERICAN DISCOUNT MORTGAGE INC ...... SCOTTSDALE ...... AZ AMERICAN FIDELITY MTG SERVICES INC ...... NAPERVILLE ...... IL AMERICAN FINANCIAL MORTGAGE CORPORATION ...... KING OF PRUSSIA...... PA

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TITLE I.ÐLENDERS WITHDRAWNÐContinued

Lender name City State

AMERICAN HOME MTG AND ASSOCIATES LC ...... PLANTATION ...... FL AMERICAN LENDING CORPORATION ...... PORT ST LUCIE ...... FL AMERICAN LIBERTY CAPITAL CORP ...... NEWPORT BEACH ...... CA AMERICAN MARINE BANK ...... WINSLOW ...... WA AMERICAN MORTGAGE COMPANY ...... NORTH PLATTE ...... NE AMERICAN MORTGAGE FIN SVCS INC ...... COVINGTON ...... KY AMERICAN MORTGAGE-LINE INC ...... ORANGE ...... CA AMERICAN NATIONAL BANK UNION SPRINGS ...... UNION SPRINGS ...... AL AMERICAN PACIFIC FUNDING ...... COLTON ...... CA AMERICAN UNITED LENDERS ...... MISSION VIEJO ...... CA AMERICAS FIRST HOME MORTGAGE CO INC ...... TUCKER ...... GA AMERIFIRST MORTGAGE CORP ...... HEMPSTEAD ...... NY AMERILOAN INC ...... ENGLEWOOD ...... CO AMERIMORT FINANCIAL CORPORATION ...... SOUTH EL MONTE ...... CA AMERIVEST MORTGAGE CORPORATION ...... TAMPA ...... FL AMERUS MORTGAGE INC ...... WEST DES MOINES ...... IA ANEW MORTGAGE INC ...... BAKERSFIELD ...... CA ANTELOPE VALLEY MORTGAGE CO INC ...... LANCASTER ...... CA APEX FINANCIAL GROUP INC ...... STOCKTON ...... CA ASSOCIATED BANK NA ...... NEENAH ...... WI ASSOCIATED LENDERS INC ...... SAN DIEGO ...... CA ATLANTIC RICHFIELD CREDIT UN ...... PASADENA ...... TX ATM MORTGAGE CORPORATION ...... SACRAMENTO ...... CA AURORA NATIONAL BANK ...... AURORA ...... IL AVALON LENDING GROUP INC ...... ALISO VIEJO ...... CA BANCO POPULAR NA ...... LOS ANGELES ...... CA BANK OF ASHLAND ...... ASHLAND ...... KY BANK OF BUFFALO ...... COCHRANE...... WI BANK OF LAKEWOOD ...... LAKEWOOD ...... CA BANK OF PADEN CITY ...... PADEN CITY ...... WV BANK OF POCAHONTAS ...... POCAHONTAS ...... AR BANK OF WHITMAN ...... COLFAX ...... WA BANKERS MORTGAGE CORPORATION ...... LOUISVILLE ...... KY BANKERS MORTGAGE LENDING GR ...... DAVIE ...... FL BARRON FINANCIAL SERVICE INC ...... IRVINE ...... CA BAS FINANCIAL GROUP INC ...... FRESNO ...... CA BC GROUP INC ...... ORANGE ...... CA BCC CORPORATION ...... LOUISVILLE ...... KY BETHESDA HOSPITAL FEDERAL C U ...... CINCINNATI ...... OH BLAINE STATE BANK ...... BLAINE ...... MN BLUE CHIP MORTGAGE BANKERS CORP ...... WESTBURY ...... NY BLUEFIELDS INTERNATIONAL...... DOWNEY ...... CA BOATMEN'S NATIONAL BANK CAPE GIRARDEAU ...... CAPE GIRARDEU ...... MO BOATMEN'S NATIONAL BANK HOT SPRINGS ...... HOT SPRINGS ...... AR BOATMEN'S NATIONAL BANK S ARKANSAS ...... CAMDEN ...... AR CAL-STATE LENDERS INC ...... ANAHEIM ...... CA CALIFORNIA FUNDERS MORTGAGE ...... RANCHO CUCAMONGA ...... CA CAPITAL BANK ...... CARLSBAD ...... CA CAROLINA MORTGAGE BROKERS ...... GREENSBORO ...... NC CENTRAL NATIONAL BJ CANAJOHARIE ...... CANAJOHARIE ...... NY CENTRAL WEST END BANK, FSB ...... ST LOUIS ...... MO CENTURY BANK FSB ...... SANTA FE ...... NM CENTURY FINANCIAL GROUP INC ...... NEWPORT BEACH ...... CA CERTIFIED MORTGAGE BANKERS INC ...... CORAL GABLES ...... FL CHEMICAL BANK BAY AREA ...... BAY CITY ...... MI CHEMICAL BANK MICHIGAN ...... CLARE ...... MI CHEMICAL FINANCIAL SER COR LTD ...... CLEVELAND ...... OH CHESAPEAKE MORTGAGE SERV INC ...... COLUMBIA ...... MD CITIFED DIVERSIFIED INC ...... SANTA ANA ...... CA CITIZENS NATIONAL BANK ...... HOUSTON ...... TX COASTLAND MORTGAGE CORPORATION ...... CARSON ...... CA COLORADO CAPITAL FUNDING INC ...... IRVINE ...... CA COMERICA BANK ...... DETROIT ...... MI COMMERCE BANK PA ...... DEVON ...... PA COMMERCIAL FINANCIAL SERVICES INC ...... TULSA ...... OK COMMERCIAL TRUST AND SAVINGS ...... MITCHELL ...... SD COMMERICIAL FEDERAL BANK ...... OMAHA ...... NE COMMUNITY FIRST BANK ...... APPLETON CITY ...... MO COMMUNITY FIRST NATIONAL BANK ...... CHEYENNE ...... WY COMSTOCK BANK ...... RENO ...... NV CONCORD MORTGAGE COMPANY ...... PHOENIX ...... AZ CONSUMER FUNDING INC ...... RIVERSIDE ...... CA

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TITLE I.ÐLENDERS WITHDRAWNÐContinued

Lender name City State

CONTINENTAL HOME FUNDING CORP ...... MIAMI ...... FL CORE FINANCIAL GROUP INC ...... COSTA MESA ...... CA CORNERSTONE COMMERCIAL MTG LNS ...... MESA ...... AZ CORNERSTONE LENDING CORPORATION ...... LOS ANGELES ...... CA CORONA MORTGAGE ...... CORONA ...... CA CPAC FINANCIAL CORPORATION ...... CANYON LAKE ...... CA CREDIT MORTGAGE INC ...... SAN DIEGO ...... CA CROSSROADS FUNDING CORP ...... COVINA ...... CA CUSTOM FINANCIAL SERVICES ...... LONGWOOD ...... FL CUYAHOGA SAVINGS ASSN ...... CLEVELAND ...... OH D AND E MORTGAGE CORP ...... TAMPA ...... FL DACOTAH BANK ...... ABERDEEN ...... SD DENNIS JOSLIN COMPANY LL LLC ...... DYERSBURG ...... TN DOMINION FINANCIAL SERVICES INC ...... LAKE WORTH ...... FL DULANEY NATIONAL BANK ...... MARSHALL ...... IL DYNAMIC FINANCIAL CORP ...... HIALEAH ...... FL EASTERN BANK ...... LYNN ...... MA EASTERN RESIDENTIAL MORTGAGE ...... BALTIMORE ...... MD EASTLAND MORTGAGE CORPORATION ...... MISSION VIEJO ...... CA EMPIRE MORTGAGE CORPORATION ...... MEMPHIS ...... TN ENVOY CAPITAL CORP ...... TORRANCE ...... CA EPOCH ENTERPRISES INC ...... SOLANA BEACH ...... CA EQUITRUST MORTGAGE CORPORATION ...... GULFPORT ...... MS ERIE SHORE MORTGAGE ...... ELYRIA ...... OH EVERGREEN MORTGAGE CORPORATION ...... GRAND RAPIDS ...... MI EXCEL BANK ...... EDINA ...... MN EXCHANGE BANK ...... MILLEDGEVILLE ...... GA EZ LENDING INC ...... FT LAUDERDALE ...... FL F AND M BANK MASSANUTTEN NA ...... HARRISONBURG ...... VA FAIRMONT FEDERAL CREDIT UNION ...... FAIRMONT ...... WV FAITH FINANCIAL GROUP ...... MIAMI LAKES ...... FL FCM CORPORATION DBA FINANCIAL CENTER MTG ...... NEWHALL ...... CA FEDERAL FINANCE CORPORATION ...... CHICAGO ...... IL FEDERAL MORTGAGE FUNDING ...... LEMON GROVE ...... CA FEDERAL STANDARD MTG BKING CORP ...... LITTLE NECK ...... NY FEDERATED MORTGAGE COMPANY INC ...... COVINA ...... CA FIDELITY BOND AND MORTGAGE COMPANY...... BLUE BELL ...... PA FINANCE PLUS MORTGAGE CORP ...... TEMECULA ...... CA FINANCIAL SERV MORTGAGE CORP ...... IRVINE ...... CA FIRST ALLIANCE MORTGAGE COMPANY ...... BLOOMFIELD HILLS ...... MI FIRST BANK ...... CREVE COEUR ...... MO FIRST CAPITAL FINANCIAL CORP ...... REDONDO BEACH ...... CA FIRST CENTURY BANK NA ...... BLUEFIELD ...... WV FIRST CHOICE BANK ...... GREELEY ...... CO FIRST CLASS AMERICAN CU ...... FORT WORTH ...... TX FIRST COMMERCIAL BANK NA ...... LITTLE ROCK ...... AR FIRST FEDERAL SAVINGS BANK-COLORADO ...... LAKEWOOD ...... CO FIRST FINANCIAL MORTGAGE CORP ...... AKRON ...... OH FIRST GOVERNMENT MORTGAGE AND INV CORP ...... LANDOVER ...... MD FIRST GUARANTY MORTGAGE CORPORATION ...... MCLEAN ...... VA FIRST HOME SAVINGS BANK ...... PENNS GROVE ...... NJ FIRST ILLINOIS BANK ...... E ST LOUIS ...... IL FIRST INVESTORS MORTGAGE CORP ...... MIAMI ...... FL FIRST MORTGAGE GROUP LLC ...... MARIETTA ...... GA FIRST NATIONAL BANK ...... KILLEEN ...... TX FIRST NATIONAL BANK ...... BOWBELLS ...... ND FIRST NATIONAL BANK ...... GLEN HEAD ...... NY FIRST NATIONAL BANK ...... CRYSTAL FALLS ...... MI FIRST NATIONAL BANK ...... TEMPLE ...... TX FIRST NATIONAL BANK ...... PARSONS ...... KS FIRST NATIONAL BANK ...... MISSOURI CITY ...... TX FIRST NATIONAL BANK ...... LAS ANIMAS ...... CO FIRST NATIONAL BANK ...... WILLIAMSOM ...... WV FIRST NATIONAL BANK CONWAY ...... CONWAY ...... AR FIRST NATIONAL BANK EVERGREEN PARK ...... EVERGREEN PARK ...... IL FIRST NATIONAL BANK GRAPEVIEW ...... GRAPEVINE ...... TX FIRST NATIONAL BANK IN CANNON FALLS ...... CANNON FALLS ...... MN FIRST NATIONAL BANK OF CENTRAL FLORIDA ...... LONGWOOD ...... FL FIRST NATIONAL BANK-CHICAGO ...... CHICAGO ...... IL FIRST POTOMAC MORTGAGE CORPORATION ...... FAIRFAX ...... VA FIRST PREFERENCE MGT CORP ...... BALTIMORE ...... MD FIRST QUALITY FUNDING INC ...... WALNUT CREEK ...... CA

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TITLE I.ÐLENDERS WITHDRAWNÐContinued

Lender name City State

FIRST SAVINGS BANK SLA ...... BAYONNE ...... NJ FIRST SECURITY MORTGAGE CORP ...... COLUMBIA ...... SC FIRST SELECT FINANCIAL INC ...... DOWNEY ...... CA FIRST STATE BANK ...... HONEY GROVE ...... TX FIRST STATE BANK ...... PARAMOUNT ...... CA FIRST STORY MORTGAGE CORPORATION ...... RANCHO CUCAMONGA ...... CA FIRST TOWN MORTGAGE CORPORATION ...... ATLANTA ...... GA FIRST TRUST FINANCIAL INC ...... RANDOLPH ...... MA FIRST TRUST OF ILLINOIS ...... CHICAGO ...... IL FIRSTAR BANK NA ...... OWENSBORO ...... KY FIRSTPLUS FINANCIAL INC ...... DALLAS ...... TX FIRSTPLUS INVESTMENT CORP ...... DALLAS ...... TX FIRSTRUST SAVINGS BANK ...... PHILADELPHIA ...... PA FLAGSHIP FEDERAL SAVINGS BANK ...... SAN DIEGO ...... CA FREEDOM LENDING CENTER INCORPORATED ...... CASSELBERRY ...... FL FREMONT INVESTMENT AND LOAN ...... ANAHEIM ...... CA FTF MORTGAGE CORPORATION ...... IRVINE ...... CA FULLERTON MORTGAGE ESCROW CO ...... OCEANSIDE ...... CA GELT FINANCIAL CORPORATION ...... SOUTHHAMPTON ...... PA GERING STATE BANK AND TRUST CO ...... GERING ...... NE GLEN ROCK SAVINGS AND LOAN ASSOC ...... GLEN ROCK ...... NJ GLENDORA MORTGAGE INC ...... GLENDORA ...... CA GML MORTGAGE INC ...... SACRAMENTO ...... CA GOLD COAST FUNDING GROUP INC ...... DAVIE ...... FL GOLDEN INVESTMENTS OF AMERICA INC ...... SAN MARINO ...... CA GOLDENWEST CREDIT UNION ...... OGDEN ...... UT GRACO EMPLOYEES CREDIT UNION ...... MINNEAPOLIS ...... MN GREAT FIVE PERCENT REAL EST CO ...... COVINA ...... CA GREAT PLAINS PROVISIONERS CR U ...... OMAHA ...... NE GUARANTY FEDERAL SAVINGS BANK ...... DALLAS ...... TX GULF FINANCIAL SERVICES INC ...... BLAIRSVILLE ...... GA H AND R MORTGAGE INC ...... BAKERSFIELD ...... CA HALLMARK GOVERNMENT MORTGAGE INC ...... BELLEVUE ...... WA HARBOR FINANCIAL MORTGAGE CORP ...... HOUSTON ...... TX HARBOR VIEW MORTGAGE INC ...... NEWPORT BEACH ...... CA HEALTH EMPLOYEES FEDERAL CR UN ...... ALBANY...... NY HERITAGE BANK NA ...... WILLMAR ...... MN HERSHEY STATE BANK ...... HERSHEY ...... NE HOLMGREN AND ASSOCIATES ...... OAKLAND ...... CA HOME LOAN ASSISTANCE CENTER INC ...... ALTAMONT SPRINGS ...... FL HOME LOANS INC ...... MIAMI ...... FL HOME MORTGAGE INC ...... PHOENIX ...... AZ HOMEOWNERS MORTGAGE AND EQUITY INC ...... AUSTIN ...... TX HOMESTEAD REAL ESTATE FINANCING INC ...... SAN RAMON ...... CA HURON NATIONAL BANK ...... ROGERS CITY ...... MI IDEAL FINANCIAL CORPORATION ...... ELLICOTT CITY ...... MD IMAGE MORTGAGE INC ...... TEMECULA ...... CA INDEPENDENT CONSUMER MTG CORP ...... GAINESVILLE ...... GA INTERCOASTAL MORTGAGE CO AND ASSOC INC ...... ORLANDO ...... FL JANDEL GROUP LLC ...... SCOTTS DALE ...... AZ JONATHAN FUNDING GROUP INC ...... MARINA DEL REY ...... CA JP MORTGAGE INC ...... NORTH MIAMI ...... FL JUDITH O SMITH MORTGAGE GROUP INC ...... FORT WORTH ...... TX KENNETT NATIONAL BANK ...... KENNETT ...... MO KENNY FINANCIAL SERVICES INC ...... WEST CHESTER ...... PA KERMIT STATE BANK ...... KERMIT ...... TX KEY MORTGAGE CORPORATION ...... EDINA ...... MN KEYBANK NA ...... SEATAC ...... WA KEYBANK NATIONAL ASSOCIATION ...... FORT COLLINS ...... CO KEYSTONE MORTGAGE CORP INC ...... KEYSTONE ...... WV LAD FINANCIAL...... SAN DIEGO ...... CA LBVAMC FEDERAL CREDIT UNION ...... LONG BEACH ...... CA LEHMAN BROTHERS HOLDINGS INC ...... NEW YORK ...... NY LEXINGTON SAVINGS BANK ...... LEXINGTON ...... MA LIBERTY FINANCIAL R E FUNDING CORP ...... CLEARWATER ...... FL LIDD ENTERPRISES INC ...... PASADENA ...... CA LOAN SOURCE ONE FUNDING INC ...... WALNUT ...... CA MAGNUM CAPITAL GROUP INC ...... MONARCH BEACH ...... CA MARATHON HOME LENDING ...... TUSTIN ...... CA MARICOPA SANTA FE FED C U ...... PHOENIX ...... AZ MASTERS FUNDING GROUP INC ...... RIVERSIDE ...... CA MAXIMA FINANCIAL GROUP ...... TEMPE ...... AZ

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TITLE I.ÐLENDERS WITHDRAWNÐContinued

Lender name City State

MEDALLION MORTGAGE CO ...... SCOTLAND ...... CT MELLON BANK DE NA ...... WILMINGTON ...... DE MERCANTILE BANK ARKANSAS ...... NORTH LITTLE ROCK ...... AR METRO MORTGAGE CORPORATION ...... COLUMBIA ...... SC METROPOLITAN FINANCIAL INC ...... ORANGE ...... CA METROPOLITAN HOME MORTGAGE CORP OF NY ...... EAST NORWICH ...... NY MICAL MORTGAGE ...... SAN DIEGO ...... CA MICHIGAN NATIONAL BANK ...... FARMINGTON HILLS ...... MI MIDAMERICA BANK NORTH ...... PHILLIPS ...... WI MIDAMERICA BANK STOUGHTON ...... STOUGHTON ...... WI MIDWEST AMERICA FINANCIAL CORPORATION ...... CHICAGO ...... IL MINNWEST BANK ...... DAWSON ...... MN MISSION NATIONAL BANK ...... SAN FRANCISCO ...... CA MONEYLINE FINANCIAL SERVICES INC ...... ST LOUIS ...... MO MORNING STAR REAL EST AND MTG FIN CORP ...... MASSAPEQUA ...... NY MORTGAGE CENTER CORPORATION ...... MILLBRAE ...... CA MORTGAGE ENTERPRISES INC ...... LYONS ...... IL MORTGAGE FEDERAL CORPRORATION ...... CLEVELAND ...... OH MORTGAGE NETWORK INC ...... SALT LAKE CITY ...... UT MORTGAGE SERVICE CENTER OF SOUTH FLORIDA ...... TAMARAC ...... FL MOUNTAIN NATIONAL BANK ...... WOODLAND PARK ...... CO MUNDACA FINANCIAL SERVICES LLC ...... FRANKLIN ...... TN MUNICIPAL CREDIT UNION ...... NEW YORK ...... NY MUTUAL FEDERAL SAVINGS BANK ...... ATLANTA ...... GA MUTUAL SAVINGS ASSO ...... LEAVENWORTH ...... KS NATIONAL BANK OF CALIFORNIA...... LOS ANGELES ...... CA NATIONAL EQUITY CORPORATION ...... IRVINE ...... CA NATIONAL HOME MORTGAGE BANKING CORP ...... HAUPPAUGE ...... NY NATIONAL SECURITY BANK ...... PORTLAND ...... OR NAVIGATION BANK ...... HOUSTON ...... TX NBD BANK NA ...... DETROIT ...... MI NEIGHBORHOOD HOUSING SERVICES ...... NEW YORK ...... NY NEVADA FEDERAL FINANCIAL CORP ...... LAS VEGAS ...... NV NEW HOMES MORTGAGE INC ...... SHERMAN OAKS ...... CA NOREAST MORTGAGE CORPORATION ...... ONTARIO ...... CA NORTH FORK FINANCIAL INC ...... NEWPORT BEACH ...... CA NORTH PACIFIC BANK ...... TACOMA ...... WA NORTH VIEW MORTGAGE INC ...... POWAY ...... CA NORTHERN FINANCIAL MTG CO...... CHAGRIN FALLS ...... OH NORTHERN STATES POWER ST PAUL CU ...... SAINT PAUL ...... MN NORWEST BANK TEXAS NA ...... SAN ANTONIO ...... TX OLD REDWOOD MORTGAGE COMPANY...... SANTA ROSA ...... CA ON-LINE MORTGAGE EXPRESS ...... UPLAND ...... CA OREGON FEDERAL CREDIT UNION ...... COQUILLE ...... OR OREGONIAN FEDERAL CREDIT UN ...... PORTLAND ...... OR ORNL FEDERAL CREDIT UNION ...... OAK RIDGE ...... TN P F G INC ...... ENCINO ...... CA PACIFIC BAY BANK ...... SAN PABLO ...... CA PACIFIC EMPIRE FUNDING ...... LAKE FOREST ...... CA PACIFIC MUTUAL FUNDING INC ...... BREA ...... CA PALACE CITY FEDERAL C U ...... MITCHELL ...... SD PARISH BANK TRUST COMPANY ...... MOMENCE ...... IL PENN FEDERAL SAVINGS BANK ...... WEST ORANGE ...... NJ PENNIES TO MILLIONS INC ...... UPLAND ...... CA PEOPLES MORTGAGE CORPORATION ...... LIVINGSTON ...... NJ PERRY STATE BANK ...... PERRY ...... MO PHOENIX HOME LENDING INC ...... TEMPE ...... AZ PIONEER ENTERPRISE CORPORATION ...... SUGAR LAND ...... TX PIONEER FINANCIAL INC ...... CHATTANOOGA ...... TN PIONEER MORTGAGE INC ...... HADDON HEIGHTS ...... NJ PIONEER SAVINGS AND LOAN ASSN FSLA ...... IRVINE ...... CA PLATINUM MORTGAGE INC...... ROSEVILLE ...... MN PLAZA CAPITAL CORP ...... SANTA FE ...... NM POLLARI WRIGHT INC ...... SAN JOSE ...... CA PREFERRED CREDIT CORPORATION ...... IRVINE ...... CA PREFERRED FUNDING CORP ...... FORT LAUDERDALE ...... FL PRESERV FINANCIAL INC ...... DENVER ...... CO PRESTIGE FINANCIAL SVCS CORP ...... DEERFIELD BEACH ...... FL PRIME FINANCIAL NETWORK INC ...... LA JOLLA ...... CA QUALITY FINANCING CORP ...... CHICAGO ...... IL QUEEN CITY FEDERAL SAVINGS BANK ...... VIRGINIA ...... MN R K MAGUIRE INC ...... DANA POINT ...... CA

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TITLE I.ÐLENDERS WITHDRAWNÐContinued

Lender name City State

REFCO MORTGAGE AND FINANCIAL SER INC ...... CHICAGO ...... IL REI INC ...... ORANGE ...... CA REPUBLIC MORTGAGE CORPORATION ...... NAMPA ...... ID RES-COM MORTGAGE CORP ...... NILES ...... IL RESIDENTIAL MORTGAGE NETWORK INC ...... CEDAR RAPIDS ...... IA REV CORP ...... NORTHBROOK ...... IL RICK BAILEY MORTGAGE UNLIMITED INC ...... ARCATA ...... CA ROXBURY-HIGHLAND CO-OPERATIVE ...... JAMAICA PLAIN ...... MA RUSHMORE STATE BANK ...... RAPID CITY ...... SD S MORTGAGE CORPORATION ...... FAIR OAKS ...... CA SACVAL MORTGAGE CORPORATION ...... CITRUS HEIGHTS ...... CA SAND DOLLAR MORTGAGE SER INC ...... CHINO ...... CA SASCO INC ...... ENCINO ...... CA SECURITY BANK ...... MADISON ...... SD SECURITY BANK AND TRUST CO...... LAWTON ...... OK SECURITY FIRST FUNDING ...... COVINA ...... CA SECURITY MORTGAGE CORP OF MISS ...... JACKSON ...... MS SOCIETY FINANCIAL CORP ...... FARMINGTON ...... CT SOUTH PLAINS FEDERAL CU ...... LUBBOCK ...... TX SOUTH TEXAS NATIONAL BANK ...... LAREDO ...... TX SOUTHERN STATES FUNDING ...... WINTER PARK ...... FL SOUTHFORK MORTGAGE COMPANY CORP ...... RIVERSIDE ...... CA SOUTHWEST BENEFICIAL FIN INC ...... DALLAS ...... TX SOUTHWEST KANSAS NATIONAL BANK ...... ULYSSES ...... KS SOVEREIGN BANK FSB ...... WYOMISSING ...... PA SPARTAN MORTGAGE INC ...... SAVANNAH ...... GA SPECTRUM MORTGAGE CORP ...... ENGLEWOOD ...... CO STALLION CAPITAL INC ...... RANCHO CUCAMONGA...... CA STATE CAPITOL FEDERAL CU ...... SAINT PAUL ...... MN STATE CENTER CREDIT UNION ...... FRESNO ...... CA STATEWIDE FUNDING INC ...... WOODLAND HILLS ...... CA STATEWIDE VENTURES ...... GRASS VALLEY ...... CA STELLAR INVESTMENTS FINAN SERV ...... BREA ...... CA STUART-WRIGHT MTG FUNDING CORP ...... MURRAY ...... UT SULLIVAN AND MOCK CORP OF-NEV ...... LAS VEGAS ...... NV SUN COUNTRY BANK ...... APPLE VALLEY ...... CA SUN HARBOR MORTGAGE INC ...... SAN DIEGO ...... CA SUN PACIFIC FUNDING INC ...... SANTA ANA ...... CA SUNTRUST FINANCIAL CORP ...... HOLLYWOOD ...... FL SUNWEST BANK OF SANTA FE ...... SANTA FE ...... NM TAMMAC CORPORATION ...... WILKES-BARRE ...... PA TCS MORTGAGE INC ...... SAN DIEGO ...... CA TENNESSEE BANK AND TRUST ...... MEMPHIS ...... TN THE FEDERAL SAVINGS BANK ...... WALTHAM ...... MA THE FIRST NATIONAL BANK ...... PORTAGE ...... WI THE FIRST NATIONAL BANK ...... LA JARA ...... CO THE-BANK-FIRST CITIZENS BANK ...... CLEVELAND ...... TN THE-NORTHERN TRUST COMPANY ...... CHICAGO ...... IL TMMG INC ...... LAGUNA HILLS ...... CA TOOELE FEDERAL CREDIT UNION ...... TOOELE ...... UT TREASURE COAST MORTGAGE CORP ...... PORT ST LUCIE ...... FL TREO FUNDING ...... LAKE OSEWGO ...... OR TURNER MORTGAGE CORPORATION ...... MIAMI LAKES ...... FL U S EMPLOYEES CREDIT UNION ...... HOUSTON ...... TX U S MORTGAGE INC ...... LITTLE ROCK ...... AR UBS MORTGAGE FINANCE INC ...... NEW YORK ...... NY UNIFED MORTGAGE CORP ...... ESCONDIDO ...... CA UNION FEDERAL MORTGAGE INC ...... IRVINE ...... CA UNION PLANTERS BANK MID-MO...... COLUMBIA ...... MO UNITED HOME LENDING SERVICES INC ...... CHARLESTON ...... WV UNITED LENDING COMPANIES INC ...... RAMSEY ...... NJ UNIVERSAL MORTGAGE INC ...... JACKSONVILLE ...... FL UNIVERSITY MORTGAGE INC ...... CHEVY CHASE ...... MD US CREDIT CORP ...... AURORA ...... CO US LENDS ...... ORANGE ...... CA US MORTGAGE CONSULTANTS INC ...... LAS VEGAS ...... NV USA MORTGAGE CORP ...... ELMWOOD PARK ...... IL VANGUARD LENDING GROUP ...... ATASCADERO ...... CA VILLA PARK TRUST AND SAVINGS ...... VILLA PARK ...... IL W D WICKLEY INC ...... RANCHO CUCAMONGA ...... CA WALL STREET FUNDONG GROUP ...... RANCHO CUCAMONGA ...... CA WEALTHWISE INVESTMENT CORP ...... MILPITAS ...... CA

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TITLE I.ÐLENDERS WITHDRAWNÐContinued

Lender name City State

WESTERN CAPITAL FUNDING INC ...... WILDOMAR ...... CA WESTERN HOME MORTGAGE CORP ...... IRVINE ...... CA WESTERN NATIONAL FUNDING INC ...... NEWPORT BEACH ...... CA WESTMINSTER MORTGAGE CORPORATION ...... ATLANTA ...... GA WESTSTAR FINANCIAL GROUP INC ...... SAN DIEGO ...... CA WESTWIND FINANCIAL CORPORATION ...... HUNTINGTON BEACH ...... CA WOHLETZ ENTERPRISES INC ...... KIRKLAND ...... WA

TITLE II.ÐMORTGAGEES WITHDRAWN

Mortgagee name City State

A AND C MORTGAGE CORPORATION ...... NORTH CHARLESTON ...... SC A B C BANK ...... CHICAGO ...... IL A ONE MORTGAGE CORP ...... MIAMI ...... FL A±PAN±AMERICAN MORTGAGE GROUP ...... CHICAGO ...... IL AAACTION MORTGAGE INC ...... FREMONT ...... CA AAMBASSADOR MORTGAGE SVCS CORP ...... PALOS HEIGHTS ...... IL ABSOLUTE ACCEPTANCE FINANCIAL CO LLC ...... SOUTHFIELD ...... MI ABSOLUTE FINANCIAL CORPORATION ...... BLUE BELL ...... PA ACACIA MORTGAGE ...... GREENWOOD VILLAGE ...... CO ACCENT MORTGAGE INC ...... ZACHARY ...... LA ACCURATE REALTY SERVICES INC ...... ENCINO ...... CA ADAM MORGTAGE COMPANY ...... BRYAN ...... TX ADVANCED FINANCIAL INC ...... ARVADA ...... CO ADVANCED HOME LOAN INC ...... ROUND ROCK ...... TX ADVANTAGE FINANCIAL FUNDING CORPORATION ...... EXTON ...... PA ADVANTAGE FINANCIAL INC ...... TAMATAC ...... FL ADVANTAGE REAL ESTATE LOANS INC ...... ARROYO GRANDE ...... CA AHMANSON MORTGAGE COMPANY ...... TIGARD ...... OR AJA FINANCIAL LLC ...... MIDDLESEX ...... NJ ALL STATE MORTGAGE SERVICES INC ...... COLORADO SPRINGS ...... CO ALLEGIANCE MORTGAGE CORP LLC ...... ATLANTA ...... GA ALLIED FINANCIAL SERVICES INC ...... BIRMINGHAM ...... AL ALPHA CAPITAL FINANCIAL INC ...... WOODLAND HILLS ...... CA AMERICAN BANKER DIVERS LENDING ...... LA CRESCENTA ...... CA AMERICAN CHOICE MORTGAGE CORP ...... MIAMI ...... FL AMERICAN EAGLE LENDING SRVS ...... PROVO ...... UT AMERICAN EAGLE MORTGAGE CORP ...... CLEVELAND ...... OH AMERICAN FEDERAL BANK FSB ...... GREENVILLE ...... SC AMERICAN FINANCIAL MORTGAGE CORP ...... KING OF PRUSSIA ...... PA AMERICAN HOME FINANCE INC ...... PALATINE ...... IL AMERICAN HOME LENDERS CORP ...... SAN MARCOS ...... CA AMERICAN LENDING CORPORATION ...... PORT ST LUCIE ...... FL AMERICAN MONEY MARKET INC ...... HIALEAH ...... FL AMERICAN MORTGAGEÐFINANCIAL SVCS INC ...... COVINGTON ...... KY AMERICAN MORTGAGE INV SVCS INC ...... POOLER ...... GA AMERICAN MORTGAGE±LINE INC ...... ORANGE ...... CA AMERICAN NATIONAL MORTGAGE CORP ...... TOTOWA ...... NJ AMERICAN NATIONAL SAVINGS ASSO ...... BALTIMORE ...... MD AMERICAN PACIFIC FUNDING ...... COLTON ...... CA AMERICAN RESIDENTIAL FUNDING INC ...... SANTA ANA ...... CA AMERICAN UNITED LENDERS INC ...... MISSION VIEJO ...... CA AMERIFIRST MORTGAGE CORP ...... HEMPSTEAD ...... NY AMPHIBIOUS BASE FEDERAL CR UNION ...... NORFOLK ...... VA AMSTERDAM SAVINGS BANK ...... AMSTERDAM ...... NY APEX MORTGAGE LLC ...... OREM ...... UT APLEND COMPANY ...... BROOKS ...... ME ARBORETUM MORTGAGE CORP ...... SEATTLE ...... WA ARKANSAS FIDELITY MORTGAGE CORP ...... LITTLE ROCK ...... AR ASPEN MORTGAGE BROKERS LC ...... OGDEN ...... UT ASSOCIATED LENDERS INC ...... SAN DIEGO ...... CA ASSURANCE CAPITAL MORTGAGE LLC ...... TULSA ...... OK ATLANTIC STATES FINANCIAL INC ...... TAMARAC ...... FL ATLANTIC TRUST MORTGAGE ...... MIAMI ...... FL BANCO POPULAR NA ...... LOS ANGELES ...... CA BANCTRUST INC ...... CHICAGO ...... IL BANK OF ARIZONA ...... SCOTTSDALE ...... AZ BANK OF ASHLAND ...... ASHLAND ...... KY BANK OF BELFASTÐMARSHALL CNTY ...... LEWISBURG ...... TN BANK OF COLORADO WESTERN SLOPE ...... GRAND JUNCTION ...... CO

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TITLE II.ÐMORTGAGEES WITHDRAWNÐContinued

Mortgagee name City State

BANK OF FRANKLIN ...... MEADVILLE ...... MS BANK OF GWINNETT COUNTY ...... LAWRENCEVILLE ...... GA BANK OF MATTESON ...... MATTESON ...... IL BANK OF NEW MEXICO ALBUQUERQUE ...... ALBUQUERQUE ...... NM BANK OF SANTA MARIA ...... SANTA MARIA ...... CA BANK OF SUMNER ...... SUMNER ...... WA BANK OF UNION ...... MONROE ...... NC BANK OF±SOUTH WINDSOR ...... SOUTH WINDSOR ...... CT BANKERS AFFILIATED MORTGAGE ...... RIVERSIDE ...... CA BANKERS DIRECT MORTGAGE CORP ...... WEST PALM BEACH ...... FL BANKERS MUTUAL MORTGAGE INC ...... NEWPORT BEACH ...... CA BANKERS SAVINGS BANK ...... CORAL GABLES ...... FL BANKFIRST ...... KNOXVILLE ...... TN BCC CORPORATION INC ...... LOUISVILLE ...... KY BELFORD PARTNERS INC ...... DENVER ...... CO BELMONT SAVINGS BANK ...... BELMONT ...... MA BENCHMARK FED SAV BANK ...... CINCINNATI ...... OH BENEFICIAL NATIONAL BANK ...... WILMINGTON ...... DE BENEFIT MORTGAGE CORPORATION ...... CAMP SPRINGS ...... MD BERKSHIRE LIFE INSURANCE CO ...... PITTSFIELD ...... MA BEST MORTGAGE CORPORATION ...... HARKER HEIGHTS ...... TX BEVERLY NATIONAL BANK ...... WILMINGTON ...... IL BLUE CHIP MORTGAGE BANKERS CORP ...... WESTBURY ...... NY BOATMEN'S FIRST NATIONAL BANK±AMARILLO ...... AMARILLO ...... TX BOATMEN'S NATIONAL BANK BATESVILLE ...... BATESVILLE ...... AR BOATMEN'S NATIONAL BANK CAPE GIRARDEAU ...... CAPE GIRARDEAU ...... MO BOATMEN'S NATIONAL BANK N CENTRAL AR ...... HARRISON ...... AR BOATMEN'S RIVER VALLEY BANK ...... LEXINGTON ...... MO BROWARD SCHOOLS DIST CU ...... LAUDERHILL ...... FL BROWNSVILLE DEPOSIT BANK ...... BROWNSVILLE ...... KY BUCKS COUNTY MORTGAGE CORPORATION ...... NEWTON ...... PA BUY OWNER MORTGAGE COMPANY ...... TAMPA ...... FL CAL PLAZA MORTGAGE COMPANY ...... SAN DIEGO ...... CA CALIFORNIA CAPITAL MORTGAGE ...... SACRAMENTO ...... CA CALIFORNIA FUNDERS MTG ...... ONTARIO ...... CA CAPRI MORTGAGE CAPITAL LLC ...... CHICAGO ...... IL CAREY KRAMER CO N FL ...... TAMPA ...... FL CAROLD CORP ...... NEW YORK ...... NY CAROLINA CAPITAL MARKETS LLC ...... COLUMBIA ...... SC CAYUGA MORTGAGE COMPANY ...... ITHACA ...... NY CBS MORTGAGE CORP ...... HOUSTON ...... TX CERRITOS VALLEY BANK ...... NORWALK ...... CA CHANNEL ISLANDS NATIONAL BANK ...... OXNARD ...... CA CHASE MORTGAGE SERVICES INC ...... TAMPA ...... FL CHEMICAL BANK BAY AREA ...... BAY CITY ...... MI CHEYENNE WESTERN BANK ...... ASHLAND ...... MT CHINA TRUST BANK NEW YORK ...... NEW YORK ...... NY CITIFED DIVERSIFIED INC ...... SANTA ANA ...... CA CITIZENS BANK ...... COLLIERVILLE ...... TN CITIZENS BANK ...... CARTHAGE ...... TN CITIZENS BANK AND TRUST CO ...... HUTCHINSON ...... MN CITIZENS CORPORATION MORTGAGE ...... FRANKLIN ...... TN CITIZENS NATIONAL BANK ...... TELL CITY ...... IN CITY NATIONAL BANK OF PITTSBURG ...... PITTSBURG ...... KS CLAYTON NATIONAL INC ...... SHELTON ...... CT COASTAL FEDERAL MORTGAGE CO ...... MANALAPAN ...... NJ COASTAL FEDERAL MORTGAGE INC ...... MYRTLE BEACH ...... SC COASTAL MORTGAGE COMPANY ...... PARMA ...... OH COASTLAND MORTGAGE CORPORATION ...... CARSON ...... CA COLOMBO SAVINGS BANK FSB ...... BETHESDA ...... MD COLONIAL BANK ST LOUIS ...... DES PERES ...... MO COLORADO CAPITAL FUNDING CORP ...... ENGLEWOOD ...... CO COMMERCIAL BANK ...... SALEM ...... OR COMMERCIAL BANK OF NEVADA ...... LAS VEGAS ...... NV COMMERCIAL FINANCIAL SERVICES INC ...... TULSA ...... OK COMMONPOINT MORTGAGE COMPANY ...... KENTWOOD ...... MI COMMUNITY BANK ...... STAUNTON ...... VA COMMUNITY FEDERAL SAVINGS ALA ...... TUPELO ...... MS COMMUNITY FIRST MORTGAGE INC ...... SAN LUIS OBISPO ...... CA COMMUNITY FIRST NATIONAL BANK ...... CHEYENNE ...... WY COMMUNITY LENDERS GROUP ...... DULUTH ...... GA COMMUNITY NATIONAL BANK NJ ...... MARLTON ...... NJ

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TITLE II.ÐMORTGAGEES WITHDRAWNÐContinued

Mortgagee name City State

COMPASS BANK ...... SAN ANTONIO ...... TX COMPASS BANK FSB ...... FORT WALTON BEACH ...... FL CONCEPT CAPITAL MORTGAGE CORPORATION ...... CANYON COUNTRY ...... CA CONSUMER DIRECT MORTGAGE INC ...... DALLAS ...... TX CONSUMERS CHOICE MORTGAGE CORP ...... DELRAN ...... NJ CONTINENTAL GENERAL MORTGAGE ...... BALTIMORE ...... MD CONTINENTAL HOME FUNDING CORP ...... MIAMI ...... FL CORE FINANCIAL GROUP INC ...... COSTA MESA ...... CA CORNERSTONE LENDING CORP ...... LOS ANGELES ...... CA CREDIT UNION MORTGAGE COMPANY ...... PORTAGE ...... MI CRESCENT CREDIT UNION ...... BROCKTON ...... MA CROSS COUNTY FEDERAL SAVINGS BANK ...... MIDDLE VILLAGE ...... NY CROSSROADS FUNDING CORP ...... COVINA ...... CA D AND E MORTGAGE CORP ...... TAMPA ...... FL DALLAS PLANNING GROUP ...... WAXAHACHIE ...... TX DALLAS POSTAL CREDIT UNION ...... DALLAS ...... TX DEGEORGE CAPITAL CORP ...... CHESHIRE ...... CT DELMAR MORTGAGE INC ...... BOCA RATON ...... FL DENNIS JOSLIN COMPANY LL LLC ...... DYERSBURG ...... TN DEPOSIT GUARANTY MORTGAGE CO ...... JACKSON ...... MS DEPOSIT GUARANTY MORTGAGE SERV ...... JACKSON ...... MS DESERT SERVICES INC ...... RICHLAND ...... WA DESTIN BANK ...... DESTIN ...... FL DEUEL COUNTY NATIONAL BANK ...... CLEAR LAKE ...... SD DIADCO FINANCIAL SERVICES INC ...... COVINA ...... CA DIME SAVINGS BANK ...... NORWICH ...... CT DIME SAVINGS BANK WALLINGFORD ...... WALLINGFORD ...... CT DIMENSIONS MORTGAGE CORP ...... SAN DIEGO ...... CA DIVERSIFIED EQUITIES INC ...... BATTLEGROUND ...... WA DOLPHIN MORTGAGE CO ...... MIAMI ...... FL DRAPER AND KRAMER INC ...... CHICAGO ...... IL DRH MORTGAGE COMPANY LTD ...... PLANO ...... TX DRUMMOND COMMUNITY BANK ...... CHIEFLAND ...... FL DUCHESNE BANK ...... ST PETERS ...... MO DYNAMIC FINANCIAL CORP ...... HIALEAH ...... FL EAGLE MORTGAGE CORPORATION ...... WOODBURY ...... MN EASTERN MORTGAGE SERVICES INC ...... TREVOSE ...... PA EASTERN RESIDENTIAL MORTGAGE ...... COLUMBIA ...... MD EASTON MORTGAGE CORPORATION ...... SAN FRANCISCO ...... CA EDGE FINANCIAL CORPORATION ...... AURORAE ...... CO EINBINDER MANAGEMENT MORTGAGE CORP ...... MATAWAN ...... NJ ELVERSON NATIONAL BANK ...... ELVERSON ...... PA ENTERPRISE MORTGAGE CORPORATION ...... APOPKA ...... FL EPOCH ENTERPRISES INC ...... SOLANA BEACH ...... CA EQUIFUND MORTGAGE CORPORATION ...... CAPE CANAVERAL ...... FL EQUITABLE LIFE ASSUR SOC ...... ATLANTA ...... GA EQUITABLE REAL ESTATE INV MNGT ...... ATLANTA ...... GA EQUITRUST MORTGAGE CORPORATION ...... GULFPORT ...... MS EVERGLADES FEDERAL CU ...... CLEWISTON ...... FL EXECUTIVE FIRST MORTGAGE CORP ...... FRESNO ...... CA EXPERT MORTGAGE BROKERS LLC ...... VANCOUVER ...... WA EZ LENDING INC ...... LAUDERHILL ...... FL FAMILY BANK FSB ...... PAINTSVILLE ...... KY FARMERS AND MERCHANTS BANK ...... PRAIRIE GROVE ...... AR FARMERS AND MERCHANTS BANK ...... HURON ...... SD FARMERS NATIONAL BANK ...... SCOTTSVILLE ...... KY FARMERS NATIONAL BANK ...... DANVILLE ...... KY FEDERAL FINANCE CORPORATION ...... CHICAGO ...... IL FEDERAL SAVINGS BANK ...... WALTHAM ...... MA FEDERATED MORTGAGE COMPANY INC ...... COVINA ...... CA FEDERATION FINANCIAL INSTITUTIONS LLC ...... ATLANTA ...... GA FIDELITY BOND AND MORTGAGE CO ...... BLUE BELL ...... PA FIDELITY NATIONAL FUNDING CORP ...... RAPID CITY ...... SD FINANCE FACTORS LTD ...... HONOLULU ...... HI FINANCIAL NETWORK SERVICES ...... VAN NUYS ...... CA FINANCIAL SERVICES MTG CORP ...... IRVINE ...... CA FIRST BANK ...... MCKINNEY ...... TX FIRST BANK ARKANSAS ...... JONESBORO ...... AR FIRST CAPITAL FINANCIAL CORP ...... REDONDO BEACH ...... CA FIRST CITIZENS BANK ...... BILLINGS ...... MT FIRST COMMERCIAL BANK NA ...... LITTLE ROCK ...... AR FIRST COMMERCIAL BANK NA MEMPHIS ...... MEMPHIS ...... TN

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TITLE II.ÐMORTGAGEES WITHDRAWNÐContinued

Mortgagee name City State

FIRST EQUITY RESIDENTIAL MORTGAGE INC ...... CHELSEA ...... MI FIRST FEDERAL SAVINGS ALA ...... LYNCHBURG ...... VA FIRST FEDERAL SAVINGS AND LOAN ...... WOOSTER ...... OH FIRST FEDERAL SAVINGS BANK ...... NEW CASTLE ...... PA FIRST GOVERNMENT MORTGAGE AND INVEST COR ...... LANDOVER ...... MD FIRST HOME SAVINGS BANK SLA ...... PENNSVILLE ...... NJ FIRST MANHATTAN FUNDING INC ...... WESTCHESTER ...... CA FIRST MORTGAGE CORPORATION ...... WACO ...... TX FIRST NATIONAL BANK ...... TEMPLE ...... TX FIRST NATIONAL BANK ...... CONWAY ...... AR FIRST NATIONAL BANK ...... LITTLE FALLS ...... MN FIRST NATIONAL BANK ...... WARSAW ...... IN FIRST NATIONAL BANK ...... PIERRE ...... SD FIRST NATIONAL BANK ...... BREWSTER ...... MN FIRST NATIONAL BANK ...... BERRYVILLE ...... AR FIRST NATIONAL BANK ...... MONTICELLO ...... MN FIRST NATIONAL BANK ...... WORLAND ...... WY FIRST NATIONAL BANK EVERGREEN PARK ...... EVERGREEN PARK ...... IL FIRST NATIONAL BANK FOX VALLEY ...... NEENAH ...... WI FIRST NATIONAL BANK OF MICHIGAN ...... EAST LANSING ...... MI FIRST NATIONAL BANK OF ST PETER ...... SAINT PETER ...... MN FIRST NATIONAL BANK ROCHESTER ...... ROCHESTER ...... NY FIRST NATIONAL BK CENTRAL ILL ...... SPRINGFIELD ...... IL FIRST NATIONAL MORTGAGE CORP ...... MIAMISBURG ...... OH FIRST NEW YORK MORTGAGE CORP ...... NEW YORK ...... NY FIRST PATRIOT MORTGAGE INC ...... REVERE ...... MA FIRST POTOMAC MORTGAGE CORP ...... FAIRFAX ...... VA FIRST REPUBLIC MORTGAGE CORP ...... SANTA ANA ...... CA FIRST SAVINGS AND LOAN ASSN ND ...... ABERDEEN ...... SD FIRST SECURITY MORTGAGE CORP ...... COLUMBIA ...... SC FIRST STATE BANK ...... LEOTI ...... KS FIRST STATE BANK OF SO CA ...... PARAMOUNT ...... CA FIRST STATE BANK SAUK CENTRE ...... SAUK CENTRE ...... MN FIRST TEACHERS FEDERAL CU ...... SCHENECTADY ...... NY FIRST TEXAS MORTGAGE COMPANY ...... SAN ANTONIO ...... TX FIRST VOLUNTEER BANK ...... UNION CITY ...... TN FIVE STAR FINANCIAL SERVICES ...... SCHAUMBURG ...... IL FLAGSHIP FEDERAL SAVINGS BANK ...... SAN DIEGO ...... CA FLEET MORTGAGE±FLEET MTG CORP ...... MILWAUKEE ...... WI FORT WAYNE NATIONAL BANK ...... FORT WAYNE ...... IN FRANCES SLOCUM BANK ...... WABASH ...... IN FTF MORTGAGE CORP ...... IRVINE ...... CA FUNDERS MORTGAGE CORP AMERICA ...... COVINA ...... CA GAMS INC ...... SUTTER CREEK ...... CA GATEWAY RESIDENTIAL GROUP LLC ...... DES PERES ...... MO GENTRY CAPITAL MORTGAGE CORPORATION ...... PINE BUSH ...... NY GEORGIA UNION MORTGAGE CO LP ...... MACON ...... GA GESCO SERVICES LLC ...... LUBBOCK ...... TX GLEN ROCK SAVINGS BANK SLA ...... GLEN ROCK ...... NJ GMAC MORTGAGE GROUP INC ...... HORSHAM ...... PA GOLD COAST FUNDING GROUP INC ...... DAVIE ...... FL GOLD KEY MOPRTGAGE CORPORATION ...... NASHVILLE ...... TN GOLDEN BAY CAPITAL CORPORATION ...... OAKLAND ...... CA GOLDSTAR GROUP INC ...... BETHESDA ...... MD GOMEMX MARKETING GROUP INC ...... POMONA ...... CA GRAND NATIONAL BANK ...... WAUCONDA ...... IL GRANTS STATE BANK ...... GRANTS ...... NM GREAT LAKES FUNDING INC ...... EDINA ...... MN GREAT WESTERN BANK ...... IRVINE ...... CA GREATER FUNDING OF NY INC ...... CANANDAIGUA ...... NY GRIFFIN FEDERAL SAVINGS ALA ...... GRIFFIN ...... GA GSL SAVINGS BANK ...... GUTTENBERG ...... NJ GULF FINANCIAL SERVICES INC ...... BLAIRSVILLE ...... GA H AND R BLOCK MORTGAGE CO LLC ...... KANSAS CITY ...... MO H AND R MORTGAGE INC ...... BAKERSFIELD ...... CA HALLMARK GOVERNMENT MORTGAGE ...... BELLEVUE ...... WA HAMMOND MORTGAGE INC ...... CUMMING ...... GA HAMPSTEAD FINANCIAL CORPORATION ...... FORT LEE ...... NJ HAVERHILL COOPERATIVE BANK ...... HAVERHILL ...... MA HEARTLAND COMMUNITY BANK FSB ...... MONTICELLO ...... AR HEARTLAND MORTGAGE INC ...... TUCSON ...... AZ HIGHLAND FEDERAL S L ASSOC ...... CROSSVILLE ...... TN

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TITLE II.ÐMORTGAGEES WITHDRAWNÐContinued

Mortgagee name City State

HILL COUNTRY BANK ...... AUSTIN ...... TX HOLMGREN AND ASSOCIATES ...... OAKLAND ...... CA HOME AMERICA FINANCIAL SERVICES INC ...... INDIANAPOLIS ...... IN HOME BANK ...... GUNTERSVILLE ...... AL HOME LOANS INC ...... MIAMI ...... FL HOME MORTGAGE FIN SRVS CORP ...... MIAMI ...... FL HOMEOWNERS FINANCIAL SERVICES ...... NORCROSS ...... GA HOMEOWNERS MORTGAGE WHOLESALERS INCORP ...... MARIETTA ...... GA HOMEOWNERS MTG AND EQUITY INC ...... AUSTIN ...... TX HORIZON FEDERAL SAVINGS BANK ...... OSKALOOSA ...... IA HOWARD WEIL MORTGAGE CORP ...... NEW ORLEANS ...... LA HUB MORTGAGE SERVICE INC ...... MARYSVILLE ...... CA HUDSON ADVISORS LLC ...... DALLAS ...... TX HUNTINGTON NATIONAL BANK ...... COLUMBUS ...... OH HYDE PARK BANK AND TRUST CO ...... CHICAGO ...... IL IBJ SCHRODER BANK AND TR CO ...... NEW YORK ...... NY ICI FUNDING CORPORATION ...... SANTA ANA HEIGHTS ...... CA IFS DIRECT INCORPORATED ...... DENVER ...... CO IMAGE MORTGAGE INC ...... TEMECULA ...... CA INDEPENDENT BANK ...... FT LUPTON ...... CO INDUSTRIAL BANK ...... VAN NUYS ...... CA INFINITY FINANCIAL SERVICES INC ...... PROVO ...... UT INTEGRATED FISCAL SERVICES INC ...... WILTON MANORS ...... FL INTER±BORO SAVINGS AND LOAN ...... CHERRY HILL ...... NJ INTERAMERICAN FINAN SER INC ...... MIAMI ...... FL IPSWICH CO±OPERATIVE BANK ...... IPSWICH ...... MA J B CORKLAND MORTGAGE CO ...... KNOXVILLE ...... TN JACOBS BANK ...... SCOTTSBORO ...... AL JEFFERSON MORTGAGE GROUP LTD ...... OAKTON ...... VA JEFFERSON NATIONAL BANK ...... CHARLOTTESVILLE ...... VA JEFFERSON SAVINGS BANK ...... WEST JEFFERSON ...... OH JMJ FINANCIAL GROUP ...... GARDEN GROVE ...... CA JOHNSON±ANDERSON MORTGAGE CO ...... DENVER ...... CO JSM FINANCIAL INCORPORATED ...... FOLSOM ...... CA JVS FINANCIAL GROUP INC ...... WOODRIDGE ...... IL JW RIKER NORTHERN RI INC ...... WARWICK ...... RI KANSAS HOME MTG JUNCT CITY INC ...... JUNCTION CITY ...... KS KEMBA COLUMBUS CREDIT UNION ...... COLUMBUS ...... OH KILGORE FIRST NATIONAL BANK ...... KILGORE ...... TX KITSAP FEDERAL CREDIT UNION ...... SILVERDALE ...... WA KLEBERG FIRST NAT MTG CO INC ...... KINGSVILLE ...... TX KZ MORTGAGE LLC ...... PUYALLUP ...... WA LA BANK NA ...... SCRANTON ...... PA LAD FINANCIAL ...... SAN DIEGO ...... CA LAFAYETTE AMERICAN BANK AND TRUST CO ...... BRIDGEPORT ...... CT LEBANON VALLEY NATIONAL BANK ...... LEBANON ...... PA LENDERS ASSOCIATES CORP ...... MARIETTA ...... GA LEOMINSTER CREDIT UNION ...... LEOMINSTER ...... MA LEXINGTON SAVINGS BANK ...... LEXINGTON ...... MA LIBERTY MORTGAGE SERVICES INC DELAWARE ...... MORRIS PLAINS ...... NJ LOAN COMPANY ...... ASHEVILLE ...... NC LOAN SOURCE CORPORATION ...... WESTLAKE VILLAGE ...... CA LOUISIANA CENTRAL BANK ...... FERRIDAY ...... LA LYON COUNTY STATE BANK ...... EMPORIA ...... KS M JAMES AND CO ...... YARMOUTH ...... ME MADISON COUNTY BANK ...... MADISON ...... NE MAGELLAN MORTGAGE LLC ...... SALEM ...... OR MAGNUM CAPITAL GROUP INC ...... MONARCH BEACH ...... CA MAHONING NATIONAL BANK ...... YOUNGSTOWN ...... OH MAIN AMERICA CAPITOL LC ...... ATLANTA ...... GA MARGARET M BROWN INC ...... RIVERDALE ...... GA MARYLAND BANK AND TRUST COMPANY NA ...... WALDORF ...... MD MASTERS FUNDING GROUP INC ...... RIVERSIDE ...... CA MAXIMA FINANCIAL GROUP ...... TAMPE ...... AZ MAYFLOWER COOPERATIVE BANK ...... MIDDLEBORO ...... MA MBI MORTGAG NINETEEN SIXTY INC ...... HOUSTON ...... TX MCNAIR FINANCIAL GROUP INC ...... INDIANAPOLIS ...... IN MEDICAL AREA FEDERAL CREDIT UNION ...... BOSTON ...... MA MEMBERS FIRST FEDERAL CREDIT UNION ...... MECHANICSBURG ...... PA MERCANTILE BANK W CENTRAL MO ...... SEDALIA ...... MO MERCHANTS AND FARMERS BANK ...... WEST HELENA ...... AR MERCHANTS BANK OF CALIFORNIA NA ...... LAGUNA HILLS ...... CA

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Mortgagee name City State

METRO FINANCIAL INC ...... LAS VEGAS ...... NV METROPOLITAN FINANCIAL INC ...... ORANGE ...... CA METROPOLITAN LIFE INS CO ...... NEW YORK ...... NY MEZA GOLD MORTGAGE CORPORATION ...... RANCHO CUCAMONGA ...... CA MICAL MORTGAGE INC ...... SAN DIEGO ...... CA MID AMERICA BANK SOUTH ...... MANKATO ...... MN MID AMERICA MORTGAGE SERVICES ...... LEAWOOD ...... KS MID EAST FINANCIAL SERVICES ...... NEW YORK ...... NY MID FLORIDA FUNDING LTD ...... LONGWOOD ...... FL MIDAMERICA BANK ...... MAPLEWOOD ...... MN MIDDLE TENNESSEE BANK ...... COLUMBIA ...... TN MIDLAND DATA SYSTEMS INC ...... KANSAS CITY ...... MO MIDWEST AMERICA FINANCIAL CORPORATION ...... CHICAGO ...... IL MIDWEST AMERICA MORTGAGE CORPORATION ...... BROOKLYN PARK ...... MN MIDWEST LOAN SERVICES INC ...... HOUGHTON ...... MI MILLENNIUM FUNDING CORP ...... NORWELL ...... MA MINNESOTA'S CREDIT UNION ...... EAGAN ...... MN MINNWEST BANK DAWSON ...... DAWSON ...... MN MISSION NATIONAL BANK ...... SAN FRANCISCO ...... CA MONEYLINE FINANCIAL SERVICE INC ...... ST LOUIS ...... MO MORRIS SMITH FEYH ...... COLUMBUS ...... OH MORTGAGE ACCEPTANCE CORP ...... CLOSTER ...... NJ MORTGAGE ALTERNATIVES INC ...... SALT LAKE CITY ...... UT MORTGAGE ASSOCIATES INC ...... DIAMOND BAR ...... CA MORTGAGE CENTER ...... WEST SPRINGFIELD ...... MA MORTGAGE CENTER CORP ...... MILLBRAE ...... CA MORTGAGE CONSULTANTS INC ...... SMYRNA ...... GA MORTGAGE FINANCIAL SERVICES INC ...... DALLAS ...... TX MORTGAGE MART INC ...... BLUE BELL ...... PA MORTGAGE MATTERS INC ...... INDIANAPOLIS ...... IN MORTGAGE NETWORK INC ...... SALT LAKE CITY ...... UT MORTGAGE NOW INC ...... SOUTHFIELD ...... MI MORTGAGE PLANNING CORPORATION ...... DENVER ...... CO MORTGAGE PROS CORP ...... MIAMI ...... FL MORTGAGE RESOURCES INC ...... PHOENIX ...... AZ MORTGAGE SERVICE CENTER INC ...... CAMP SPRINGS ...... MD MORTGAGE SERVICE CENTER OF S FLORIDA INC ...... TAMARAC ...... FL MORTGAGE STORE ...... WILLOWBROOK ...... IL MUNICIPAL CREDIT UNION ...... NEW YORK ...... NY MURAL COMPANY LLC ...... PHOENIX ...... AZ MUTUAL SAVINGS AND LOAN ASSN ...... METAIRIE ...... LA MUTUAL SAVINGS ASSN ...... LEAVENWORTH ...... KS NATIONAL BANK OF DAINGERFIELD ...... DAINAGERFIELD ...... TX NATIONAL CITY BANK MINNEAPOLIS ...... MINNEAPOLIS ...... MN NATIONAL CITY BANK OF PENNSYLVANIA ...... PITTSBURGH ...... PA NATIONAL HOME FUNDING CORPORATION ...... CALABASAS ...... CA NETWORK LENDERS OF AMERICA INC ...... LITTLE NECK ...... NY NEVADA FEDERAL FINANCIAL CORP ...... LAS VEGAS ...... NV NEXUS FINANCIAL LLC ...... OAKLAND ...... NJ NOREAST MORTGAGE CORPORATION ...... ONTARIO ...... CA NORTH FORK FINANCIAL INC ...... NEWPORT BEACH ...... CA NORTH PACIFIC BANK ...... TACOMA ...... WA NORTHAMERICAN EQUITY CORP ...... FORT WAYNE ...... IN NORTHEAST BANK ...... MINNEAPOLIS ...... MN NORTHERN FINANCIAL MORTGAGE CO ...... CHAGRIN FALLS ...... OH NORTHERN MORTGAGE AND INVESTMENT LTD ...... FLAGSTAFF ...... AZ NORTHWEST LENDING ASSOCIATES ...... BELLEVUE ...... WA NORTHWEST NATIONAL BANK ...... VANCOUVER ...... WA NOVA MORTGAGE CORPORATION ...... ROCKVILLE ...... MD NUNEZ FINANCE CO ...... MIAMI ...... FL OAKWOOD ACCEPTANCE CORPORATION ...... GREENSBORO ...... NC OCALA NATIONAL BANK ...... OCALA ...... FL OCEANMARK FINANCIAL CORP ...... HOLLYWOOD ...... FL OMNI BANK ...... PONTOON BEACH ...... IL ON-SITE MORTGAGE SERVICE ...... CARMEL ...... IN ONE VALLEY BANKÐCLARKSBURG ...... CLARKSBURG ...... WV ONE VALLEY BANK OF RONCEVERTE ...... RONCEVERTE ...... WV OZAUKEE BANK ...... CEDARBURG ...... WI PACIFIC EMPIRE FUNDING ...... LAKE FOREST ...... CA PACIFIC NORTHWEST FUNDING GROUP ...... PALM SPRINGS ...... CA PADUCAH BANK AND TRUST COMPANY ...... PADUCAH ...... KY PAINE WEBBER REAL EST SEC INC ...... NEW YORK ...... NY

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Mortgagee name City State

PALM BEACH FINANCIAL NETWORK INC ...... JUPITER ...... FL PALMYRA STATE BANK ...... WEST QUINCY ...... MO PAN-AMERICAN LIFE INS CO ...... NEW ORLEANS ...... LA PAWLING SAVINGS BANK ...... FISHKILL ...... NY PENNIES TO MILLIONS INC ...... UPLAND ...... CA PEOPLES BANK ...... SANDY HOOK ...... KY PEOPLES MORTGAGE CORPORATION ...... UNION ...... NJ PERPETUAL SAVINGS BANK FSB ...... CEDAR RAPIDS ...... IA PFG INC ...... ENCINO ...... CA PFI BANCORP INC ...... INDIANAPOLIS ...... IN PHOENIX HOME LENDING INC ...... TEMPE ...... AZ PHOENIX HOME MORTGAGE CORP ...... ROCKVILLE ...... MD PINNACLE FUNDING GROUP ...... FT MYERS ...... FL PIONEER BANK CHATTANOOGA ...... CHATTANOOGA ...... TN PIONEER BANK FSB ...... CHATTANOOGA ...... TN PIONEER CITIZENS BANK ...... RENO ...... NV PIONEER FEDERAL SAVINGS BANK ...... WINCHESTER ...... KY PIONEER SAVINGS AND LOAN ASSOC FSLA ...... IRVINE ...... CA PLATINUM MORTGAGE ...... ROSEVILLE ...... MN PLATTSMOUTH STATE BANK ...... PLATTSMOUTH ...... NE PNC BANK KENTUCKY INC ...... LOUISVILLE ...... KY PNC BANK OHIO NA ...... CINCINNATI ...... OH POINSETT BANK FSB ...... GREENVILLE ...... SC POLICE AND FIRE FEDERAL CU ...... PHILADELPHIA ...... PA POLLARI WRIGHT INC ...... SAN JOSE ...... CA POST OAK FINANCIAL LLC ...... HOUSTON ...... TX PREFERRED EQUITY MORTGAGE CORP ...... INDIANAPOLIS ...... IN PREMIER BANK ...... JEFFERSON CITY ...... MO PRESERV FINANCIAL INC ...... DENVER ...... CO PRESIDENTIAL MTG AND FINAN INC ...... ORANGE ...... CA PRESTIGE MORTGAGE INC ...... SAN ANTONIO ...... TX PRESTIGE MORTGAGE LLC ...... SOUTHINGTON ...... CT PRIME BANK OF CENTRAL FLORIDA ...... TITUSVILLE ...... FL PRIME FINANCIAL NETWORK INC ...... LA JOLLA ...... CA PRIME MORTGAGE INVESTORS ...... CORAL GABLES ...... FL PRIMERCHANT CAPITAL CORPORATION ...... SHERMAN OAKS ...... CA PROVIDENT MUT LIFE INS PHIL ...... BERWYN ...... PA QMD INC ...... DENVER ...... CO R AND J MORTGAGE SERVICE INC ...... LEDGEWOOD ...... NJ R E I INC ...... ORANGE ...... CA RANCHO MORTGAGE CORPORATION ...... UPLAND ...... CA REDLANDS FEDERAL SAVINGS AND LOAN ASSN ...... REDLANDS ...... CA REHABILITATION LOAN CORP ...... KANSAS CITY ...... MO RELOCATION MORTGAGE SERVICE INC ...... PLYMOUTH ...... MN REPUBLIC SECURITY BANK FSB ...... WEST PALM BEACH ...... FL RESIDENTIAL FINANCIAL SRVS INC ...... HOLLYWOOD ...... FL RESIDENTIAL MORTGAGE BANKING ...... HAUPPAUGE ...... NY RESIDENTIAL MORTGAGE LLC ...... OGDEN ...... UT RICHLAND MORTGAGE INC ...... FORT WORTH ...... TX RICK BAILEY MORTGAGE UNLIMITED INC ...... ARCATA ...... CA RIO GRANDE MORTGAGE CORP ...... ALBUQUERQUE ...... NM RIVER VALLEY MORTGAGE INC ...... ROSEVILLE ...... MN RIVERTON STATE BANK ...... RIVERTON ...... WY RMST MORTGAGE INC ...... NORTH PROVIDENCE ...... RI ROCKINGHAM HERITAGE BANK ...... HARRISONBURG ...... VA ROKLOUD FUNDING INC ...... SARASOTA ...... FL ROSLYN SAVINGS BANK ...... ROSLYN ...... NY ROTHSCHILD FINANCIAL GROUP ...... OCALA ...... FL ROYAL MORTGAGE INC ...... HUNTINGTON WOODS ...... MI SAFE RITE CAPITAL CORP ...... SOLVANG ...... CA SANDWICH COOPERATIVE BANK ...... SANDWICH ...... MA SANDY SPRING NATIONAL BANKÐMD ...... SILVER SPRING ...... MD SANTIAM MORTGAGE MORTGAGE CORP ...... LEBANON ...... OR SASCO INC ...... ENCINO ...... CA SEABOARD EMPLOYEES CREDIT UNION ...... JAACKSONVILLE ...... FL SECURED LENDERS MORTGAGE ...... MERCED ...... CA SECURITY BANK AND TRUST CO ...... LAWTON ...... OK SECURITY BANK HARRISON ...... HARRISON ...... AR SECURITY MTG AND INVESTMENT CO ...... INWOOD ...... WV SECURITY STATE BANK ...... ABILENE ...... TX SECURITY TRUST AND SAVINGS BANK ...... SHENANDOAH ...... IA SENIOR LOAN CENTER INC ...... CARMICHAEL ...... CA

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TITLE II.ÐMORTGAGEES WITHDRAWNÐContinued

Mortgagee name City State

SENTINEL MORTGAGE LLC ...... TUCSON ...... AZ SERVE CORPS MORTGAGE INC ...... NAPERVILLE ...... IL SHARON CREDIT UNION ...... SHARON ...... MA SHELTER MORTGAGE SERVICES INC ...... CHERRY HILL ...... NJ SHOPTAW JAMES INC ...... ATLANTA ...... GA SHORE BANK ...... ONLEY ...... VA SHORE BANK AND TRUST ...... CLEVELAND ...... OH SHORELINE FUNDING ...... LONG BEACH ...... CA SILSBEE STATE BANK ...... SILSBEE ...... TX SOUTH CAROLINA FEDERAL SAVINGS BANK ...... COLUMBIA ...... SC SOUTHCOAST FINANCIAL GROUP ...... NORTH DARTMOUTH ...... MA SOUTHERN FINANCIAL MORTGAGE CORP ...... CUMMING ...... GA SOUTHERN HERITAGE MORTGAGE ...... ATLANTA ...... GA SOUTHERN STATES FUNDING ...... WINTER PARK ...... FL SOUTHLAND MORTGAGE FINANCING CORP ...... FORT WALTON BEACH ...... FL SOUTHSIDE BANK ...... TAPPAHANNOCK ...... VA SOUTHWEST FEDERAL SAVINGS AND LOAN ASSN ...... CHICAGO ...... IL SPOKANE RAILWAY CREDIT UNION ...... SPOKANE ...... WA STALLION CAPITAL INC ...... RANCHO CUCAMONGA ...... CA STATE BANK LA CROSSE ...... LA CROSSE ...... WI STATE SAVINGS BANK ...... DUBLIN ...... OH STATE STREET BANK AND TRUST COMPANY NA ...... NEW YORK ...... NY STATE TEACHERS RT BOARD OHIO ...... COLUMBUS ...... OH STOCKMENS NATIONAL BANK ...... RUSHVILLE ...... NE STUART±WRIGHT MTG FUNDING COR ...... MURRAY ...... UT SUBURBAN FEDERAL SAVINGS FSB ...... HARVEY ...... IL SUMMIT BANK ...... AKRON ...... OH SUMMIT FUNDING INC ...... LAS VEGAS ...... NV SUMMIT SAVINGS FSB ...... ROHNERT PARK ...... CA SUN CITY BANK ...... SUN CITY ...... AZ SUN FEDERAL FINANCIAL CORP ...... MIAMI ...... FL SUN PACIFIC FUNDING INC ...... SANTA ANA ...... CA SUN WORLD NA ...... EL PASO ...... TX SUNTRUST BANK SOUTH CENTRAL TN ...... LAWRENCEBURG ...... TN SUNTRUST BANK TALLAHASSEE NA ...... TALLAHASSEE ...... FL SUNTRUST FINANCIAL CORP ...... HOLLYWOOD ...... FL SUNWEST BANK OF FARMINGTON ...... FARMINGTON ...... NM SUPERIOR MORTGAGE SERVICES INC ...... LANHAM ...... MD SUTTER MORTGAGE CORPORATION ...... WALNUT CREEK ...... CA TAG FUNDING CORP ...... WOODLAND HILLS ...... CA TENNESSEE BANK AND TRUST ...... MEMPHIS ...... TN TEXAS CAPITAL MORTGAGE ...... HOUSTON ...... TX THE±HOMETOWN BANK ...... CLYDE ...... NC THIRD FEDERAL SAVINGS BANK ...... NEWTOWN ...... PA TINTON FALLS STATE BANK ...... TINTON FALLS ...... NJ TOM WOOD MORTGAGE INC ...... INDIANAPOLIS ...... IN TOWER FINANCIAL SERVICES LLC ...... PASADENA ...... MD TOWNE CENTER PROPERTIES INCORPORATED ...... CERRITOS ...... CA TOWNE SQUARE MORTGAGE ...... SAN DIEGO ...... CA TOYOTA MOTORS FEDERAL CR UN ...... TORRANCE ...... CA TRANS-MUTUAL MORTGAGE BANKERS ...... CORAL GABLES ...... FL TRANSFINANCIAL BANK ...... BOWLING GREEN ...... KY TRENTON SAVINGS BANK ...... LAWERENCEVILLE ...... NJ TRI COUNTY STATE BANK ...... CHAMBERLAIN ...... SD TRI STAR AMERICA MORTGAGE CORP ...... TOLEDO ...... OH TRI-STAR FUNDING CORPORATION ...... DALLAS ...... TX TRINIDAD MORTGAGE ...... TRINIDAD ...... CO TURNER MORTGAGE CORP ...... MIAMI LAKES ...... FL TWENTIETH CENTURY FOX FCU ...... LOS ANGELES ...... CA U S MORTGAGE CONSULTANTS INC ...... LAS VEGAS ...... NV UBS MORTGAGE FINANCE INC ...... NEW YORK ...... NY UNICOR MORTGAGE INC ...... BATON ROUGE ...... LA UNIFED MORTGAGE CORP ...... SAN DIEGO ...... CA UNIFIRST FEDERAL SAVINGS BANK ...... HOLLYWOOD ...... FL UNION BANK OF MENA ...... MENA ...... AR UNION PLANTERS BANK LAKEWAY AREA ...... KNOXVILLE ...... TN UNITED BANK AND TRUST CO ...... VERSAILLES ...... KY UNITED BANK OF±PHILADELPHIA ...... PHILADELPHIA ...... PA UNITED CENTRAL BANK ...... GARLAND ...... TX UNITED HOME LENDING SERVICES INC ...... CHARLESTON ...... WV UNITED LENDING COMPANIES INC ...... RAMSEY ...... NJ UNITED MORTGAGE INC ...... TULSA ...... OK

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Mortgagee name City State

UNITED SECURITY SAVINGS BANK ...... MARION ...... IA UNITED SOUTHERN MORTGAGE CORP ROANOKE ...... VIRGINIA BEACH ...... VA US CREDIT CORP ...... AURORA ...... CO US MORTGAGE INC ...... LITTLE ROCK ...... AR US NEW MEXICO FEDERAL CU ...... ALBUQUERQUE ...... NM USB MORTGAGE COMPANY INC ...... SPOKANE ...... WA VICTORIA STATE BANK ...... VICTORIA ...... MN VICTORY BANK AND TRUST COMPANY ...... CORDOVA ...... TN VIKING MORTGAGE SERVICES INC ...... PORT ORCHARD ...... WA VILLA PARK TRUST AND SAVINGS BANK ...... VILLA PARK ...... IL VILLAGE BANK AND TRUST CO ...... RIDGEFIELD ...... CT VINTAGE BANK ...... NAPA ...... CA W LYMAN CASE AND CO ...... COLUMBUS ...... OH WEALTHWISE INVESTMENT CORP ...... MILPITAS ...... CA WEST ALLIS SAVINGS BANK SA ...... WEST ALLIS ...... WI WESTERN CAPITAL FUNDING INC ...... WILDOMAR ...... CA WESTERN MORTGAGE EXPRESS ...... EL CENTRO ...... CA WESTMONT MORTGAGE SERVICES INC ...... DENVER ...... CO WHITE OAK MORTGAGE ...... TEXARKANA ...... TX WILSHIRE FUNDING CORPORATION ...... PORTLAND ...... OR

Dated: January 4, 2000. official administrative record and may DEPARTMENT OF THE INTERIOR William C. Apgar, be made available to the public. Assistant Secretary for Housing-Federal Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: Housing Commissioner, Chairman,Mortgagee Review Board. Jennifer O’Brion, Ecological Services, Notice of Intent To Prepare an [FR Doc. 00–2893 Filed 2–10–00; 8:45 am] Fish and Wildlife Service, 911 NE. 11th Environmental Impact Statement for Avenue, Portland, Oregon 97232–4181; Issuance of a Permit To Incidentally BILLING CODE 4210±27±P Fax: (503) 231–6243. Take Threatened and Endangered Species in Association With a Habitat SUPPLEMENTARY INFORMATION: Conservation Plan for the Metro Air DEPARTMENT OF THE INTERIOR Background Park Project in the Natomas Basin, Fish and Wildlife Service Sacramento County, CA Currently all permits issued pursuant to section 10(a)(1)(A) of the Act to AGENCY: Fish and Wildlife Service, Announcement of Proposed Change to Interior. All Endangered Species Act Section conduct presence or absence surveys for ACTION: 10(a)(1)(A) Permits Issued for the the Quino checkerspot butterfly only Notice of intent. authorize permittees to pursue the Quino Checkerspot Butterfly SUMMARY: We, the Fish and Wildlife (Euphydryas editha quino) butterfly when conducting surveys, and Service (Service), are considering no capture or handling of individuals is AGENCY: Fish and Wildlife Service, approval of a Habitat Conservation Plan allowed. The Service would like to (Plan) and issuance of an Endangered Interior. amend permits to authorize permittees SUMMARY: Species Act Incidental Take Permit The Fish and Wildlife Service to capture and handle individuals in (Service) proposes to modify all under section 10(a)(1)(B) of the order to confirm identification and scientific research permits issued Endangered Species Act to the Metro either release individuals at the capture pursuant to section 10(a)(1)(A) of the Air Park Property Owners Association site or potentially kill them for voucher Endangered Species Act of 1973, as (Association), a non-profit mutual amended (Act) for the Quino specimens with prior approval from the benefit corporation representing 138 checkerspot butterfly to authorize the Service. This amendment will ensure individual property owners. The permit following activities: survey by pursuit; that any changes made to the would authorize incidental take of listed capture; handle; release; and with prior management of the Quino checkerspot species and unlisted species that may be approval from the Service, purposefully butterfly are based on confirmed new listed in the future. Incidental taking of kill for the collection of voucher locations. listed species could occur as a result of specimens. development of the Metro Air Park Dated: February 4, 2000. industrial park project and from rice DATES: Written comments on this Cynthia U. Barry, farming activities. proposed action must be received on or Regional Director, Region 1, Portland, Oregon. Pursuant to the National before March 13, 2000. [FR Doc. 00–3065 Filed 2–10–00; 8:45 am] Environmental Policy Act, the Service ADDRESSES: Written data or comments BILLING CODE 4310±55±P intends to prepare an Environmental should be submitted to the Impact Statement addressing our Chief’Endangered Species, Ecological proposed action of approving the Plan Services, Fish and Wildlife Service, 911 and issuance of an incidental take NE. 11th Avenue, Portland, Oregon permit. The Plan covers an area of 1,892 97232–4181; Fax: (503) 231–6243. All acres within the Metro Air Park comments received, including names Planning Area in the Natomas Basin, and addresses, will become part of the Sacramento County, California. The

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Plan addresses the federally threatened governing permits for endangered adjustments required under the giant garter snake (Thamnophis gigas), species are at 50 CFR 17.22 and 17.32. Natomas Basin Habitat Conservation Aleutian Canada goose (Branta In accordance with the requirements Plan. The Plan also includes take canadensis leucopareia), valley for obtaining an incidental take permit, avoidance and minimization measures elderberry longhorn beetle (Desmocerus the Association has developed a Plan. that include the requirement for californicus dimorphus), and 10 The goals of the Plan are to conserve landowners to conduct pre-construction currently unlisted species and their listed and unlisted species and their species surveys and to carry out habitats. The Plan creates a process for habitat while accommodating otherwise minimization measures prior to site the issuance of permits under the lawful land uses. development. Federal Endangered Species Act, and The Plan study area comprises 1,892 Although the consultant for the the California Endangered Species Act. acres within the Natomas Basin in applicant, Thomas Reid and Associates, This notice describes the proposed Sacramento County, California. will prepare the draft Environmental action and possible alternatives, invites Agriculture is the dominant land use in Impact Statement, the Service will be public participation in the scoping the Natomas Basin and on the Metro Air responsible for its content and scope. process for preparing the Environmental Park site. The predominant crops are The Environmental Impact Statement Impact Statement, solicits written rice, corn, sugar beets, grain, tomatoes, will consider the proposed action comments, and identifies the Service’s and pasture. Natural and uncultivated (issuance of a section 10(a)(1)(B) official to whom questions and vegetation types are interspersed Endangered Species Act permit to the comments concerning the proposed throughout the agricultural areas of the Association) and a reasonable range of action and the Environmental Impact Natomas Basin. Natural areas are found alternatives. Potential alternatives may Statement may be directed. primarily along irrigation canals, include different entities as the drainage ditches, pasture, and permittee (e.g., the County or individual DATES: Written comments are encouraged and should be received on uncultivated fields. The borders of land owners), and a No Action drainage canals are often associated alternative. If the County were the or before March 13, 2000. with narrow strips of emergent permittee, then the Association and ADDRESSES: Information, comments, or vegetation and/or wooded riparian landowners would delay development questions related to preparation of the areas. of the Metro Air Park project until the Environmental Impact Statement and Portions of the Natomas Basin that are County obtained a section 10(a)(1)(B) the National Environmental Policy Act within the jurisdiction of the City of permit for areas under its jurisdiction in process should be submitted to Wayne Sacramento are included in the Natomas the Natomas Basin. If each individual White, Field Supervisor, U.S. Fish and Basin Habitat Conservation Plan which land owner were the permittee then Wildlife Service, Sacramento Fish and was completed by the City of separate incidental take permits would Wildlife Office, 2800 Cottage Way, W– Sacramento in November, 1997. The need to be processed. The No Action 2605, Sacramento, California 95825. Metro Air Park project is described in alternative would involve the Service Written comments may also be sent by the Natomas Basin Habitat Conservation not issuing a section 10(a)(1)(B) permit. facsimile to telephone (916) 414–6711. Plan, but because the Metro Air Park Environmental review of the Plan will FOR FURTHER INFORMATION CONTACT: Lori project is outside the City limits, the be conducted in accordance with the Rinek, Fish and Wildlife Biologist, or project cannot be covered by the City’s requirements of the 1969 National Vicki Campbell, Division Chief, at the incidental take permit. Therefore, the Environmental Policy Act, as amended Sacramento Fish and Wildlife Office, Association is seeking a separate (42 U.S.C. 4321 et seq.), National telephone (916) 414–6600. Persons incidental take permit for the Metro Air Environmental Policy Act regulations wishing to obtain background material Park project. Take could occur as a (40 CFR parts 1500–1508), other should contact Victoria Harris, Thomas result of urban development of the appropriate regulations, and Service Reid and Associates, 560 Waverley Metro Air Park industrial park project procedures for compliance with those Street, Suite 201, P.O. Box 880, Palo and from rice farming activities. regulations. This notice is being Alto, California 94301, telephone (650) Under the Plan, the Association furnished in accordance with Section 327–0429. proposes to minimize and mitigate the 1501.7 of the National Environmental SUPPLEMENTARY INFORMATION effects of urban development by Policy Act to obtain suggestions and participating in the basin-wide information from other agencies and the Availability of Documents conservation program set up for the public on the scope of issues to be Documents will also be available for entire Natomas Basin which is addressed in the Environmental Impact public inspection by appointment described in the Natomas Basin Habitat Statement. during normal business hours (7:30 a.m. Conservation Plan. The focus of this Comments and participation in the to 4:30 p.m., Monday through Friday) at basin-wide conservation program is on scoping process are solicited. The the Sacramento Fish and Wildlife Office the preservation and enhancement of Natomas Basin Habitat Conservation address provided above. ecological communities that support Plan, upon which the Metro Air Park species associated with wetland and project is based, was subject to Background upland habitats. Through the payment extensive public review through the Listed wildlife species are protected of development fees, one-half acre of City of Sacramento’s California against ‘‘take’’ pursuant to section 9 of mitigation land would be established for Environmental Quality Act process the Act. That is, no one may harass, every acre of land developed within the (Initial Study and Negative Declaration, harm, pursue, hunt, shoot, wound, kill, Plan area. The mitigation land would be 6/97), and the Federal review process trap, capture, or collect listed animal acquired and managed by the Natomas (National Environmental Policy Act species, or attempt to engage in such Basin Conservancy, a non-profit Environmental Assessment, December conduct (16 U.S.C. 1538). The Service, conservation organization established to 1997). All of the issues associated with however, may issue permits to take implement the Natomas Basin Habitat this project have been thoroughly listed animal species if such taking is Conservation Plan. Mitigation fee addressed under the California incidental to, and not the purpose of, amounts and the mitigation strategy for Environmental Quality Act compliance otherwise lawful activities. Regulations the Plan would be subject to the same process. The Service’s Environmental

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Impact Statement will be examining the To reduce the current delays in Indian Appeals (IBIA), requiring the BIA same issues that have been dealt with reviewing petitions for to prepare the record and responses to under the California Environmental acknowledgment, the AS–IA is changing issues referred by the IBIA. In addition, Quality Act as well as any others that certain internal procedures for the BIA is currently responding to may arise. processing acknowledgment petitions, litigation in at least five lawsuits The primary purpose of the scoping and clarifying other procedures. The concerning acknowledgment decisions. process is to identify rather than to current acknowledgment process has a Finally, there are substantial numbers of debate the significant issues related to substantial backlog resulting in delays Freedom of Information Act (FOIA) the proposed action. Interested persons of several years before review is begun requests which require the BIA to copy are encouraged to provide comments on of a petition that is ready for active the voluminous records of current and the scope of issues and alternatives consideration and before there is a final completed cases. There is no anticipated addressed in the draft Environmental resolution of a petition on its merits. It decrease in these types of required work Impact Statement. is essential to change the internal in the foreseeable future. In light of the backlog and other Dated: February 7, 2000. processes so that acknowledgment decisions may be made in a more timely demands on the time of the BIA staff, it Elizabeth H. Stevens, manner. is necessary to make whatever Deputy Manager, California/Nevada The acknowledgment process is based procedural changes are possible within Operations Office. on the regulations in 25 CFR Part 83, the framework of the existing [FR Doc. 00–3181 Filed 2–10–00; 8:45 am] first issued in 1978 and revised in 1994. regulations in order to resolve more BILLING CODE 4310±55±P No specific legislation established the expeditiously pending petitions for acknowledgment process. An agency acknowledgment. may change its procedures and Changes in Procedures DEPARTMENT OF THE INTERIOR implementation of its own regulations where these changes do not contradict Under the regulations, the petitioner Bureau of Indian Affairs or alter the regulations. These revised has the burden to present evidence that it meets the mandatory criteria. Section Changes in the Internal Processing of procedures do not change the 83.5(c) of the acknowledgment Federal Acknowledgment Petitions acknowledgment regulations. Rather, these changes provide a different means regulations, describing the duties of the AGENCY: Bureau of Indian Affairs, of implementing the existing Department, states that: ‘‘the Interior. regulations. This Federal Register Department shall not be responsible for ACTION: Notice. notice is to advise petitioners, interested the actual research on the part of the parties, and the public of these changes. petitioner.’’ SUMMARY: Notice is hereby given that Petitioners and interested parties will be Section 83.10(a) of the regulations the Assistant Secretary—Indian Affairs provided a copy of this notice of provides that the AS–IA may ‘‘initiate (AS–IA) is changing certain internal changes in procedures by first class other research for any purpose relative procedures for processing petitions for mail. to analyzing the documented petition federal acknowledgment as an Indian After issuance of a proposed finding and obtaining additional information tribe, and clarifying other procedures. in Little Shell and a final determination about the petitioner’s status.’’ This These revised procedures do not change in Cowlitz, the Branch of language makes action on the part of the the acknowledgment regulations, 25 Acknowledgment and Research (BAR) AS–IA discretionary and does not CFR Part 83. will still have five active cases awaiting mandate that any additional research be carried out. In the past, under the DATES: These changes are effective as of completion of a proposed finding. The February 11, 2000. They are to apply to BAR has not started the evaluation of authority of this section, substantial all future proposed findings, except for four cases awaiting a final additional research often has been Little Shell of Montana petitioner, and determination (two of which have been conducted by BIA staff to supplement a to all future final determinations, except ready for more than two years), and petitioner’s research, especially where for the Cowlitz petitioner, where three cases which are awaiting amended deficiencies remained even after technical reports have been prepared or second proposed findings. In extensive technical assistance had been already. addition, there are now 11 completed provided to the petitioner. The present petitions awaiting active consideration demands on BIA staff time and the FOR FURTHER INFORMATION CONTACT: which have not been reviewed. Six of backlog of cases mandate that this Acting Director, Duane Birdbear, Office these have been ready for review for research no longer be done. of Tribal Services, Bureau of Indian more than three years. New letters of The AS–IA is therefore directing the Affairs, 1849 C Street, N.W., intent and documented petitions are BIA that, in conducting its review of Washington, D.C. 20240, Attention: continuing to be received in substantial petitions and third party comments, it is Branch of Acknowledgment and numbers. There is no reason to believe not expected or required to locate new Research, MailStop 4660–MIB. (202) that the number of requests for data in any substantial way. Staff 208–3463. acknowledgment received by the research is to be limited to that needed SUPPLEMENTARY INFORMATION: Department will decline in the to verify and evaluate the materials foreseeable future. presented by the petitioner and Introduction At the same time, there are other submitted by third parties. The BIA’s This notice is published in the substantial demands on the time of the review of a petition shall be limited to exercise of authority under 5 U.S.C. BIA’s staff which will continue to evaluating the arguments presented by 552(a); 5 U.S.C. 301; 25 U.S.C. 2 and 9; reduce the proportion of their time the petitioner and third parties and to 43 U.S.C. 1457; and under the exercise available for evaluation of petitions. For determining whether the evidence of authority delegated by the Secretary example, petitioners and third parties submitted by the petitioner, or by third of the Interior to the Assistant frequently request an independent parties, demonstrates that the petitioner Secretary—Indian Affairs by 209 review of acknowledgment final meets each of the criteria. The BIA is Departmental Manual 8. determinations by the Interior Board of expected to use its expertise and

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Indeed, the or third parties submit data that they reasonable expectation, and anticipating existence of a substantial body of have not analyzed, the BIA shall not such challenges may require that established precedents now makes itself conduct extensive analysis of extensive additional research or analysis possible this more streamlined review these data to demonstrate that the be conducted beyond that necessary for process. criteria have or have not been met, but the Department to reach a decision. shall refer the responsibility for analysis Therefore, the AS—IA is directing the The AS–IA is directing that the to the petitioner or third parties to be BIA to limit such research and analysis departmental review of recommended completed during the comment period. to that necessary for the decision. decisions, including signature by the A proposed finding represents the The regulations (83.6(a)) state that a AS–IA, is to take no more than six agency’s conclusions at the time that petition may be ‘‘in any readable form weeks from the time the draft finding is made, based on the evidence that contains detailed, specific recommendation leaves the Branch of in the record. One purpose of the evidence . . .’’ In some instances, Acknowledgment and Research office comment period on the proposed materials submitted by the petitioner or and enters the surname process. finding is to give the petitioner and a third party are poorly organized, do third parties an opportunity to present not identify the sources or even the Advice to Petitioners additional evidence in response to the nature of the documents provided, or In view of these changes, petitioners deficiencies and weaknesses in the cannot be identified with the source are reminded that the petitioner has the petition which were defined by the cited in the text submitted by the burden to show it meets the criteria and proposed finding. Submissions by the petitioner or third party. Where petitioner and third parties during the documents or exhibits are not, in whole the requirements established by the comment period, rather than BIA or in part, in a ‘‘readable form,’’ BIA regulations. Under section 83.6(c), a research, is the appropriate means to researchers shall no longer expend more petitioner ‘‘must satisfy all of the remedy such deficiencies. than a reasonable amount of time criteria in paragraphs (a) through (g) of Once the regulatory time frame for attempting to identify the source or section 83.7 in order for tribal existence active consideration has begun on a sources of documentary materials to be acknowledged. Therefore, the proposed finding, the BIA will not submitted without such information. documented petition must include consider additional materials submitted Therefore, it is important for the thorough explanations and supporting by petitioners or third parties. Any such petitioner and third parties to cite the documentation in response to all of the materials received from the petitioner or source(s) for each document submitted criteria’’ (emphasis added). Section third parties will be held for review in order for it to be given appropriate 83.6(a) states that the petition must during preparation of the final weight as evidence. contain ‘‘detailed specific evidence in determination. The staff members The acknowledgment regulations support of a request to the Secretary to evaluating the petition shall not request require that the AS–IA ‘‘prepare a report acknowledge tribal existence.’’ While additional information from the summarizing the evidence, reasoning, section 83.6(a) also provides that the petitioner and third parties during the and analyses that are the basis for the ‘‘documented petition may be in any preparation of the proposed finding. If proposed decision’’ (83.10(h)). In most readable form,’’ this does not relieve the necessary information and analysis are instances in the past, one or more petitioner of the burden of providing lacking, the petitioner or third parties technical reports have been prepared in adequate evidence that it meets all may supply it in response to the addition to the summary evaluation of proposed finding. the evidence under the criteria. A seven mandatory criteria. Petitioners are The review of a petition is to be similar approach has been used for final reminded that a petition can and will be conducted by a team of professional BIA determinations where there has been a turned down for lack of evidence researchers working in consultation substantial challenge to the proposed (83.6(d)). with each other. The acknowledgment finding. The AS–IA is directing that, The regulations at 83.5(b) provide that decision is not intended to be a except for current cases where the the guidelines for preparation of definitive scholarly study of the technical reports have already been documented petitions may be updated petitioning group. The scope of the drafted, technical reports such as have as necessary. The changes the AS–IA is review shall be limited to that necessary been prepared in the past shall no here making will require minor to establish whether the petitioner has longer be prepared to accompany the revisions of the guidelines. Until revised met its burden to establish by a summary under the criteria. guidelines are issued, petitioners are reasonable likelihood of the validity of Henceforth, the report on the advised by this notice that the policies the facts that it meets all seven proposed finding called for under the and procedures in this memorandum regulatory criteria. Although regulations, which is prepared for professional standards of BIA review by the decision makers, shall supersede the existing guidelines where researchers will be applied to the consist of a detailed summary they may be in conflict. review, these standards shall be applied evaluation of the arguments and Dated: February 7, 2000. within the constraints of time evidence presented by the petitioner Kevin Gover, established by these procedures and the and any third parties. The summary Assistant Secretary—Indian Affairs. resources available, and as appropriate evaluation report may be supplemented [FR Doc. 00–3161 Filed 2–10–00; 8:45 am] to the role of the Government in these by a chart, or charts, listing the evidence procedures, which is to evaluate under each criterion, describing how the BILLING CODE 4310±02±P whether the petitioner has met its evidence has been weighed, and burden as defined in the regulations. In indicating the sections of the regulations conducting its review and preparing its and the precedents from past decisions report and recommendation for the that have been applied to that evidence. decision makers, it is not possible or The acknowledgment process will

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DEPARTMENT OF THE INTERIOR same time will provide an important Section 210. Package. Means any source of revenue for the continued container or receptacle used for holding Bureau of Indian Affairs operation and strengthening of the tribal liquor. government and the delivery of tribal Section 211. Public Place. Includes Mooretown Rancheria Alcoholic government services. state or county or tribal or federal Beverage Control Law highways or roads; buildings and Chapter II—Definitions AGENCY: Bureau of Indian Affairs, grounds used for school purposes; Interior. Section 201. As used in this public dance halls and grounds adjacent ordinance, the following words shall thereto; soft drink establishment, public ACTION: Notice. have the following meanings unless the buildings, public meeting halls, lobbies, SUMMARY: This Notice is published in context clearly requires otherwise. halls and dining rooms of hotels, accordance with authority delegated by Section 202. Alcohol. Means that restaurants, theater, gaming facilities, the Secretary of the Interior to the substance known as ethyl alcohol, entertainment centers, store garages, and Assistant Secretary—Indian Affairs by hydrated oxide of ethyl, or spirit of wine filling stations which are open to and/ 209 DM 8, and in accordance with the which is commonly produced by the or are generally used by the public and Act of August 15, 1953 (Pub. L. 83–277), fermentation or distillation of grain, to which the public is permitted to have 67 Stat. 586, 18 U.S.C. 1161, as starch, molasses, or sugar, or other unrestricted access; public conveyances interpreted by the United States substances including all dilutions of of all kinds of character; and all other Supreme Court in Rice v. Rehner, 463 this substance. places of like or similar nature to which U.S. 713 (1983). This notice certifies Section 203. Alcoholic Beverage. Is the general public has unrestricted right that Ordinance No. 98–16, the Liquor synonymous with the term ‘‘Liquor’’ as of access, and which are generally used Ordinance of the Concow Maidu Tribe defined in Section 207 of this Chapter. by the public. For the purposes of this of the Mooretown Rancheria, was duly Section 204. Bar. Means any ordinance, ‘‘Public Place’’ shall also adopted by the Mooretown Rancheria establishment with special space and include any establishment other than a Tribal Council on July 30, 1998. The accommodations for sale by the glass, single family home which is designed ordinance provides for the regulation of can or bottle and for consumption on for or may be used by more than just the the activities of the manufacture, the premises of liquor, as herein owner of the establishment. distribution, sale, and consumption of defined. Section 212. Rancheria. Means land liquor in the area of Mooretown Section 205. Beer. Means any held in trust by the United States Rancheria lands under the jurisdiction beverage obtained by the alcoholic Government for the benefit of the of the Mooretown Rancheria. fermentation of an infusion or decoction Concow Maidu Tribe of the Mooretown of pure hops, or pure extract of hops DATES: This ordinance is effective as of Rancheria (see also Section 216, Tribal February 11, 2000. and pure barley malt or other Land). wholesome grain of cereal in pure water Section 213. Sale and Sell. Include FOR FURTHER INFORMATION CONTACT: Jim containing not more than four percent of exchange, barter, and traffic; and also James, Branch of Judicial Services, alcohol by volume. For the purposes of include the selling or supplying or Division of Tribal Government Services, this title, any such beverage, including distributing by any means whatsoever, Office of Tribal Services, 1849 C Street ale, stout, and porter, containing more of liquor, or of any liquid known or NW, MS 4631–MIB, Washington, DC than four percent of alcohol by weight described as beer or by any name 20240–4001; telephone (202) 208–4400. shall be referred to as ‘‘strong beer.’’ whatsoever commonly used to describe SUPPLEMENTARY INFORMATION: The Section 206. General Lineal malt or brewed liquor or wine by any Mooretown Rancheria Ordinance No. Membership. Means the general lineal person to any person. 98–16 is to read as follows: membership of the Mooretown Section 214. Spirits. Means any Liquor Ordinance of the Concow Maidu Rancheria, which is composed of the beverage, which contains alcohol Tribe of the Mooretown Rancheria voting membership of the Tribe as a obtained by distillation, including Ordinance 98–16 whole. wines exceeding 17 percent of alcohol Section 207. Liquor. Includes the four by weight. Chapter I—Introduction varieties of liquor herein defined Section 215. Tribal Council. Means Section 101. Title. This ordinance (alcohol, spirits, wine and beer), and all the Tribal Council of the Concow Maidu shall be known as the ‘‘Liquor fermented spirituous, vinous, or malt Tribe of the Mooretown Rancheria. Ordinance of the Concow Maidu Tribe liquor or combination thereof, and Section 216. Tribal Land. Means any of the Mooretown Rancheria.’’ mixed liquor, or otherwise intoxicating; land within the exterior boundaries of Section 102. Authority. This and every liquor or solid or semisolid or the Rancheria which is held in trust by ordinance is enacted pursuant to the Act other substance, patented or not, the United States for the Tribe as a of August 15, 1953 (Pub. L. 83–277, 67 containing alcohol, spirits, wine or beer, whole, including such land leased to Stat. 588, 18 U.S.C. 1161) and the and all drinks or drinkable liquids and other parties. Constitution of the Concow Maidu Tribe all preparations or mixtures capable of Section 217. Tribe. Means the Concow of the Mooretown Rancheria human consumption and any liquid, Maidu Tribe of the Mooretown (‘‘Mooretown Rancheria’’ or semisolid, solid, or other substances, Rancheria. ‘‘Rancheria’’). which contain more than one percent of Section 218. Wine. Means any Section 103. Purpose. The purpose of alcohol by weight shall be conclusively alcoholic beverage obtained by this ordinance is to regulate and control deemed to be intoxicating. fermentation of fruits (grapes, berries, the possession and sale of liquor on the Section 208. Liquor Store. Means any apples, etc.) or other agricultural Mooretown Rancheria. The enactment store at which liquor is sold and, for the product containing sugar, to which any of a tribal ordinance governing liquor purposes of this ordinance, includes saccharine substances may have been possession and sale on the Rancheria stores only a portion of which are added before, during or after will increase the ability of the tribal devoted to sale of liquor or beer. fermentation, and containing not more government to control Rancheria liquor Section 209. Malt Liquor. Means beer, than 17 percent of alcohol by weight, distribution and possession, and at the strong beer, ale stout, and porter. including sweet wines fortified with

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Hearing on Application Tribal Chairperson or a designee of the sales within the Rancheria boundaries for Tribal Liquor License. All Chairperson. shall be on a cash only basis and no applications for a tribal liquor license credit shall be extended to any person, shall be considered by the Tribal Chapter III—Powers of Enforcement organization, or entity, except that this Council in open session at which the Section 301. Powers. The Tribal provision does not prevent the use of applicant, his attorney, and any person Council, in furtherance of this major credit cards such as Visa, protesting the application shall have the ordinance, shall have the following American Express, etc. right to be present, and to offer sworn powers and duties: Section 404. Sale for Personal oral or documentary evidence relevant (a) To publish and enforce the rules Consumption. All sales shall be for the to the application. After the hearing, the and regulations governing the sale, personal use and consumption of the Tribal Council shall determine whether manufacture, and distribution of purchaser. Resale of any alcoholic to grant or deny the application based alcoholic beverages on the Rancheria; beverage purchased within the exterior on: (b) To employ managers, accountants, boundaries of the Rancheria is (1) Whether the requirements of security personnel, inspectors, and such prohibited. Any person who is not Section 501 have been met; and other persons as shall be reasonably licensed pursuant to this ordinance who (2) Whether the Tribal Council, in its necessary to allow the Tribal Council to purchases an alcoholic beverage within discretion, determines that granting the perform its functions; the boundaries of the Rancheria and license is in the best interests of the (c) To issue licenses permitting the sells it, whether in the original Tribe. sale or manufacture or distribution of container or not, shall be guilty of a In the event that the applicant is a liquor on the Rancheria; violation of this ordinance and shall be member of the Tribal Council, or a (d) To hold hearings on violations of subjected to paying damages to the member of the immediate family of a this ordinance or for the issuance or Tribe as set forth herein. Tribal Council member, such members revocation of licenses hereunder; shall not vote on the application or (e) To bring suit in the appropriate Chapter V—Licensing participate in the hearings as a Tribal court to enforce this ordinance as Section 501. Application for Tribal Council member. necessary; Liquor License Requirements. No tribal Section 503. Temporary Permits. The (f) To determine and seek damages for license shall issue under this ordinance Tribal Council or their designee may violation of this ordinance; except upon a sworn application filed grant a temporary permit for the sale of (g) To make such reports as may be with the Tribal Council containing a full intoxicating beverages for a period not required by the General Lineal and complete showing of the following: to exceed 3 days to any person applying Membership; (a) Satisfactory proof that the for the same in connection with a tribal (h) To collect taxes and fees levied or applicant is or will be duly licensed by or community activity, provided that set by the Tribal Council and to keep the State of California. the conditions prescribed in Section 504 accurate records, books, and accounts; (b) Satisfactory proof that the of this ordinance shall be observed by and applicant is of good character and the permittee. Each permit issued shall (i) To exercise such powers as are reputation among the people of the specify the types of intoxicating delegated by the General Lineal Rancheria and that the applicant is beverages to be sold. Further, a fee of Membership. financially responsible. $25 will be assessed on temporary Section 302. Limitation on Powers. In (c) The description of the premises in permits. the exercise of its powers and duties which the intoxicating beverages are to Section 504. Conditions of the Tribal under this ordinance, the Tribal Council be sold, proof that the applicant is the License. Any tribal license issued under and its individual members shall not owner of such premises, or lessee of this title shall be subject to such accept any gratuity, compensation or such premises, for at least the term of reasonable conditions as the Tribal other thing of value from any liquor the license. Council shall fix, including, but not wholesaler, retailer, or distributor or (d) Agreement by the applicant to limited to the following: from any licensee. accept and abide by all conditions of the (a) The license shall be for a term not Section 303. Inspection Rights. The tribal license. to exceed 1 year. premises on which liquor is sold or (e) Payment of $250 fee as prescribed (b) The licensee shall at all times distributed shall be open for inspection by the Tribal Council. maintain an orderly, clean and neat by the Tribal Council or its designee at (f) Satisfactory proof that neither the establishment, both inside and outside all reasonable times for the purposes of applicant nor the applicant’s spouse has the licensed premises. ascertaining whether the rules and ever been convicted of a felony. (c) The State of California shall have regulations of this ordinance are being (g) Satisfactory proof that notice of the jurisdiction over offenses and civil complied with. application has been posted in a causes of action committed on the prominent, noticeable place on the licensed premises to the same extent Chapter IV—Sales of Liquor premises where intoxicating beverages that it has jurisdiction over offenses and Section 401. Licenses Required. No are to be sold for at least 30 days prior civil causes of action committed sales of alcoholic beverages shall be to consideration by the Tribal Council elsewhere within California, and the made within the exterior boundaries of and has been published at least twice in California criminal laws, and civil laws the Rancheria, except at a tribally such local newspaper serving the of general applicability to private licensed or tribally owned business community that may be affected by the persons or private property, shall have

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Any person guilty of a law enforcement officials as may be any liquor in violation of this ordinance, violation of this ordinance shall be authorized under federal, California, or or who shall operate or shall have liquor liable to pay the Tribe a penalty not to tribal law. in his possession with intent to sell or exceed $500 per violation as civil distribute without a permit, shall be damages to defray the Tribe’s cost of (e) The licensed premises shall be enforcement of this ordinance. In open to inspection by duly authorized guilty of a violation of this ordinance. Section 602. Purchases From Other addition to any penalties so imposed, tribal officials at all times during the any license issued hereunder may be regular business hours. Than Licensed Facilities. Any person within the boundaries of the Rancheria suspended or canceled by the Tribal (f) Subject to the provisions of who buys liquor from any person other Council after 10 days notice to the subsection ‘‘g’’ of this section, no than at a properly licensed facility shall licensee. The decision of the Tribal intoxicating beverages shall be sold, be guilty of a violation of this ordinance. Council shall be final. served, disposed of, delivered or Section 603. Sales to Persons Under Section 610. Acceptable consumed on the licensed premises the Influence of Liquor. Any person who Identification. Where there may be a except in conformity with the hours and sells liquor to a person apparently under question of a person’s right to purchase days prescribed by the laws of the State the influence of liquor shall be guilty of liquor by reason of his age, such person of California, and in accordance with a violation of this ordinance. shall be required to present any one of the hours fixed by the tribal Council, Section 604. Consuming Liquor in the following issued cards of provided that the licensed premises Public Conveyance. Any person engaged identification which shows his correct shall not operate or open earlier or wholly or in part in the business of age and bears his signature and operate or close later than is permitted carrying passengers for hire, and every photograph: by the laws of the State of California. agent, servant or employee or such (1) Driver’s license of any state or (g) No liquor shall be sold within 200 person who shall knowingly permit any identification card issued by any State feet of a polling place on tribal election person to drink any liquor in any public Department of Motor vehicles; days, or when a referendum is held of conveyance shall be guilty of an offense. (2) United States Active Duty the people of the Tribe, and including Any person who shall drink any liquor Military; and special days of observation as in a public conveyance shall be guilty (3) Passport. designated by the Tribal Council. of a violation of this ordinance. Section 611. Possession of Liquor Section 605. Consumption or Contrary to This Ordinance. Alcoholic (h) All acts and transactions under Possession of Liquor by Persons Under beverages which are possessed contrary authority of the tribal liquor license 21 Years of Age. No person under the to the terms of this ordinance are shall be in conformity with the laws of age of 21 years shall consume, acquire declared to be contraband. Any tribal the State of California, and shall be in or have in his possession any alcoholic agent, employee, or officer who is accordance with this ordinance and any beverage. No person shall permit any authorized by the Tribal Council to tribal license issued pursuant to this other person under the age of 21 to enforce this section shall have the ordinance. consume liquor on his premises or any authority to, and shall seize, all (i) No person under the age permitted premises under his control except in contraband. under the laws of the State of California those situations set out in this section. Section 612. Disposition of Seized shall be sold, served, delivered, given, Any person violating this section shall Contraband. Any officer seizing or allowed to consume alcoholic be guilty of a separate violation of this contraband shall preserve the beverages in the licensed establishment ordinance for each and every drink so contraband in accordance with the and/or area. consumed. appropriate California law code. Upon (j) There shall be no discrimination in Section 606. Sales of Liquor to being found in violation of the the operations under the tribal license Persons Under 21 Years of Age. Any ordinance by the Tribal Council, the by reason of race, color, or creed. person who shall sell or provide liquor party shall forfeit all right, title and to any person under the age of 21 years interest in the items seized which shall Section 505. License Not a Property shall be guilty of a violation of this become the property of the Tribe. Right. Notwithstanding any other ordinance for each sale or drink Chapter VII—Taxes provision of this ordinance, a tribal provided. liquor license is a mere permit for a Section 607. Transfer of Identification Section 701. Sales Tax. There is fixed duration of time. A tribal liquor to Minor. Any person who transfers in hereby levied and shall be collected a license shall not be deemed a property any manner an identification of age to tax on each sale of alcoholic beverages right or vested right of any kind, nor a minor for the purpose of permitting on the Rancheria in the amount of 1 shall the granting of a tribal liquor such minor to obtain liquor shall be percent of the amount actually license give rise to a presumption of guilty of an offense; provided, that collected, including payments by major legal entitlement to the granting of such corroborative testimony of a witness credit cards. The tax imposed by this license for a subsequent time period. other than the minor shall be a section shall apply to all retail sales of Section 506. Assignment or Transfer. requirement of finding a violation of liquor on the Rancheria and shall No tribal license issued under this this ordinance. preempt any tax imposed on such liquor ordinance shall be assigned or Section 608. Use of False or Altered sales by the State of California. transferred without the written approval Identification. Any person who attempts Section 702. Payment of Taxes to of the Tribal Council expressed by to purchase an alcoholic beverage Tribe. All taxes from the sale of formal resolution. through the use of false or altered alcoholic beverages on the Rancheria

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7057 shall be paid over to the trust agent of Chapter X—Amendment Winnemucca, Nevada: Lander County the Tribe. Section 1001. This ordinance may Library, Battle Mountain, Nevada: and Section 703. Taxes Due. All taxes for only be amended by a majority vote of the University of Nevada Library in the sale of alcoholic beverages on the the Tribal Council. Reno, Nevada. Rancheria are due within 30 days at the FOR FURTHER INFORMATION CONTACT: Chapter XI—Sovereign Immunity end of the calendar quarter for which Gerald Moritz, Project Manager at the the taxes are due. Section 1101. Nothing contained in above Winnemucca Field Office address this ordinance is intended to, nor does or telephone (702) 623–1500. Section 704. Reports. Along with in any way limit, alter, restrict, or waive payment of the taxes imposed herein, SUPPLEMENTARY INFORMATION: The Draft the Tribe’s sovereign immunity from the taxpayer shall submit an accounting Environmental Impact Statement unconsented suit or action. for the quarter of all income from the analyzes the potential environmental sale or distribution of said beverages as Dated: February 4, 2000. impacts that could result from the well as for the taxes collected. Kevin Gover, continued mining and expansion of the Red Rock and Top Zone pits, mining of Section 705. Audit. As a condition of Assistant Secretary—Indian Affairs. [FR Doc. 00–3221 Filed 2–10–00; 8:45 am] two new pits (5–North and 8–North), obtaining a license, the licensee must new heap leach facility, heap leach pad agree to the review or audit of its books BILLING CODE 4310±02±P expansion, new waste rock dumps, and records relating to the sale of waste rock dump expansion, tailing alcoholic beverages on the Rancheria. DEPARTMENT OF THE INTERIOR impoundment and/or new tailing Said review or audit may be done impoundment, miscellaneous ancillary annually by the Tribe through its agents Bureau of Land Management facilities and exploration disturbance. or employees whenever, in the opinion The document analyzes three of the Tribal Council, such a review or [NV±020±1990±01] alternatives: the Proposed Action, the audit is necessary to verify the accuracy No Action, and the 8-South Partial Pit of reports. Marigold Mine Draft Environmental Impact Statement Backfill. Chapter VIII—Profits Dated: February 2, 2000. AGENCY: Bureau of Land Management, Terry A. Reed, Section 801. Disposition of Proceeds. Interior. Field Manager. The gross proceeds collected by the ACTION: Notice of availability. Tribal Council from all licensing [FR Doc. 00–3270 Filed 2–10–00; 8:45 am] provided from the taxation of the sale of SUMMARY: Pursuant to section 102(2)(c) BILLING CODE 4310±HC±M alcoholic beverages on the Rancheria of the National Environmental Policy shall be distributed as follows: Act of 1969, notice is given that the DEPARTMENT OF THE INTERIOR (a) For the payment of all necessary Winnemucca Field Office of the Bureau of Land Management (BLM) has personnel, administrative costs, and Bureau of Land Management legal fees for the operation and its prepared, by third party contractor, a activities. Draft Environmental Impact Statement [MT±924±1430±ET; SDM 87066] on Glamis Marigold Mining Company’s (b) The remainder shall be turned Marigold Mine Expansion Project. This Opening of Land in a Proposed over to the Trust Account of the Tribe. document is available for public review Withdrawal; Montana for a 45 day period. Chapter IX—Severability and AGENCY: Bureau of Land Management, Miscellaneous DATES AND ADDRESSES: Written Interior. comments on the Draft Environmental ACTION: Notice. Section 901. Severability. If any Impact Statement must be postmarked provision or application of this by April 10, 2000. SUMMARY: The temporary 2-year ordinance is determined by review to be Public meetings to receive oral and segregation of a proposed withdrawal of invalid, such adjudication shall not be written comments have been scheduled .25 acre of National Forest System land held to render ineffectual the remaining for the dates and places listed below. for the National Park Service for portions of this title or to render such Meetings will begin at 7 p.m. construction of temporary quarters for provisions inapplicable to other persons March 8, 2000, Battle Mountain Field summer seasonal employees expires on or circumstances. Office, 50 Bastian Road, Battle March 19, 2000, after which the land Section 902. Prior Enactments. All Mountain, Nevada. will be open to surface entry and prior enactments of the Tribal Council, March 9, 2000 at the Winnemucca mining, subject to other segregations of which are inconsistent with the Field Office, 5100 E. Winnemucca record. The land has been and remains provisions of this ordinance, are hereby Blvd., Winnemucca, Nevada. open to mineral leasing. A copy of the Draft Environmental rescinded. EFFECTIVE DATE: Impact Statement can be obtained from: March 19, 2000. Section 903. Conformance with Bureau of Land Management, FOR FURTHER INFORMATION CONTACT: California Laws. All acts and Winnemucca Field Office, ATTN: Sandra Ward, BLM Montana State transactions under this ordinance shall Gerald Moritz, Project Manager, 5100 E. Office, P.O. Box 36800, Billings, be in conformity with the laws of the Winnemucca Blvd., Winnemucca, Montana 59107, 406–896–5052. State of California as that term is used Nevada 89445. SUPPLEMENTARY INFORMATION: A Notice in 18 U.S.C. 1161. The Draft Environmental Impact of Proposed Withdrawal was published Section 904. Effective Date. This Statement is available for inspection at in the Federal Register, 63 FR 13687, ordinance shall be effective on such the following additional locations: March 20, 1998, which segregated the date as the Secretary of the Interior Bureau of Land Management, Nevada land described therein for up to 2 years certifies this ordinance and publishes State Office, 1340 Financial Blvd., Reno, from settlement, sale, location or entry the same in the Federal Register. Nevada: Humboldt County Library, under the general land laws, including

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 7058 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices the mining laws, subject to valid EFFECTIVE DATE: March 20, 2000. Dated: February 2, 2000. existing rights, but not from other forms Robert D. DeViney, Jr., FOR FURTHER INFORMATION CONTACT: of disposition which may by law be Jenny Liang, BLMOregon/Washington Chief, Branch of Realty and Records Services. made of National Forest System land or State Office, P.O. Box 2965, Portland, [FR Doc. 00–3099 Filed 2–10–00; 8:45 am] the mineral leasing laws. The 2-year Oregon 97208,503–952–6299. BILLING CODE 4310±33±P segregation expires March 19, 2000. The withdrawal application will continue to SUPPLEMENTARY INFORMATION: Under the be processed, unless it is canceled or authority of the General Exchange Act of DEPARTMENT OF THE INTERIOR denied. The land is described as March 30, 1922, as amended; the follows: Federal Land Policy and Management Bureau of Land Management Act of 1976, and the Federal Land Black Hills Meridian [ES±960±9820±BK±ES02] [ES±50588, Group Exchange Facilitation Act of August 20, 183, Minnesota] T. 3 S., R. 4 E., 1988, the following described Federal Sec. 23, portion of the S1⁄2 of lot 19. land identified in a proposed exchange Notice of Filing of Plat of Survey; The area described contains .25 acre in between the Wallowa-Whitman Custer County. Minnesota At 9 a.m. on October 19, 2000, the National Forest and Bill Brown, The plat of the dependent resurvey of land will be opened to such forms of Ceridwyn Trust, UAD, has been a portion of the east boundary, a portion disposition as may by law be made of withdrawn in its entirety: of the subdivisional lines, the National Forest System land, including Willamette Meridian subdivision of fractional section 13, and location and entry under the United T. 9 S., R. 36 E., the reestablishment of a portion of the States mining laws, subject to valid Sec. 3, record meander line in Township 146 existing rights, the provisions of existing Those portions of unpatented mining North, Range 27 West, 5th Principal withdrawals, other segregations of claims IBM 56, IBM 62, IBM 63, Midnight Meridian, Minnesota, will be officially record, and the requirements of and Midnight Extension. Except any portion filed in Eastern States, Springfield, applicable law. Appropriation of any contained in unpatented mining claim IBM Virginia at 7:30 a.m., on March 7, 2000. lands described in this order under the 61; and also excepting any portion contained The survey was requested by the U.S. general mining laws prior to the date in the following patented mining claims: Forest Service. and time of restoration is unauthorized. Chebogan, Kitchi, Bald Mountain, Saginaw, All inquiries or protests concerning Any such attempted appropriation, Albine, Three Star, of MS 477, also La Cross the technical aspects of the survey must including attempting adverse possession and Pacific, of MS 813. The area described contains 66.24 acres in be sent to the Chief Cadastral Surveyor, under 30 U.S.C. 38 (1988), shall vest no Baker County, Oregon. Eastern States, Bureau of Land rights against the United States. Acts Management, 7450 Boston Boulevard, required to establish a location and to At 8:30 a.m., on March 20, 2000, the Springfield, Virginia 22153, prior to initiate a right of possession are land will be opened to such forms of 7:30 a.m., March 7, 2000. governed by State law where not in disposition as may by law be made of Copies of the plat will be made conflict with Federal law. The Bureau of National Forest System lands, subject to available upon request and prepayment Land Management will not intervene in valid existing rights, the provisions of of the appropriate fee. disputes between rival locators over existing withdrawals, and the possessory rights, since Congress has requirements of applicable law. All Dated: January 21, 2000. provided for such determinations in valid existing applications received at or Stephen G. Kopach, local courts. prior to 8:30 a.m., on March 20, 2000, Chief Cadastral Surveyor. Dated: January 27, 2000. will be considered as simultaneously [FR Doc. 00–3268 Filed 2–10–00; 8:45 am] Howard A. Lemm, filed at that time. Those received BILLING CODE 4310±GJ±P Acting Deputy State Director, Division of thereafter will be considered in the Resources. order of filing. DEPARTMENT OF THE INTERIOR [FR Doc. 00–3267 Filed 2–10–00; 8:45 am] At 8:30 a.m., on March 20, 2000, the BILLING CODE 4310±DN±P land will be opened to location and Bureau of Land Management entry under the United States mining laws. Appropriation under the general [ES±960±9820±BK±ES02] [ES±50589, Group DEPARTMENT OF THE INTERIOR mining laws prior to the date and time 184, Minnesota] of restoration is unauthorized. Any such Bureau of Land Management attempted appropriation, including Notice of Filing of Plat of Survey; Minnesota [OR±958±1430±HN; GP0±0105; OR±54394] attempted adverse possession under 30 U.S.C. Sec. 38, shall vest no rights The plat of the dependent resurvey of Order Providing for Opening of Land; against the United States. Acts required the south boundary of section 18, Oregon to establish a location and to initiate a Township 146 North, Range 26 West, right of possession are governed by State AGENCY: Bureau of Land Management, 5th Principal Meridian, Minnesota, will law where not in conflict with Federal Interior. be officially filed in Eastern States, law. The Bureau of Land Management ACTION: Notice. Springfield, Virginia at 7:30 a.m., on will not intervene in disputes between March 7, 2000. SUMMARY: This action will open 66.24 rival locators over possessory rights The survey was requested by the U.S. acres of land to such forms of since Congress has provided for such Forest Service. disposition as may by law be made of determinations in local courts. All inquiries or protests concerning National Forest system lands, mining, At 8:30 a.m., on March 20, 2000, the the technical aspects of the survey must mineral leasing, and geothermal leasing. land will be opened to applications and be sent to the Chief Cadastral Surveyor, The Forest Service exchange proposal offers under the mineral leasing laws Eastern States, Bureau of Land has been withdrawn in its entirety. and the Geothermal Steam Act. Management, 7450 Boston Boulevard,

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Springfield, Virginia 22153, prior to individuals are advised that information Taiwan,First International Computer 7:30 a.m., March 7, 2000. on this matter can be obtained by of America, Inc., 5070 Brandin Court, Copies of the plat will be made contacting the Commission’s TDD Fremont, California 94538 available upon request and prepayment terminal on 202–205–1810. Persons Everex Systems, Inc., 5020 Brandin of the appropriate fee. with mobility impairments who will Court, Fremont, California 94538 Dated: January 21, 2000. need special assistance in gaining access (c) Shival P. Virmani, Esq., Office of Stephen G. Kopach, to the Commission should contact the Unfair Import Investigations, U.S. Chief Cadastral Surveyor. Office of the Secretary at 202–205–2000. International Trade Commission, 500 E General information concerning the Street, S.W., Room 401–J, Washington, [FR Doc. 00–3269 Filed 2–10–00; 8:45 am] Commission may be obtained by D.C. 20436, who shall be the BILLING CODE 4310±GJ±P accessing its Internet server (http:// Commission investigative attorney, www.usitc.gov). party to this investigation; and (4) For the investigation so instituted, FOR FURTHER INFORMATION CONTACT: INTERNATIONAL TRADE the Honorable Paul J. Luckern is Shival P. Virmani, Esq., Office of Unfair COMMISSION designated as the presiding Import Investigations, U.S. International [Inv. No. 337±TA±428] administrative law judge. Trade Commission, telephone 202–205– Responses to the complaint and the Certain Integrated Circuit Chipsets and 2568. notice of investigation must be Products Containing Same; Notice of Authority: The authority for institution of submitted by the named respondents in Investigation this investigation is contained in section 337 accordance with section 210.13 of the of the Tariff Act of 1930, as amended, and Commission’s Rules of Practice and AGENCY: U.S. International Trade in section 210.10 of the Commission’s Rules Procedure, 19 CFR 210.13. Pursuant to Commission. of Practice and Procedure, 19 CFR 210.10 19 CFR 201.16(d) and 210.13(a), such (1999). ACTION: Institution of investigation responses will be considered by the pursuant to 19 U.S.C. 1337. Scope of Investigation Commission if received no later than 20 days after the date of service by the SUMMARY: Notice is hereby given that a Having considered the complaint, the complaint was filed with the U.S. U.S. International Trade Commission, Commission of the complaint and the International Trade Commission on on February 4, 2000, ORDERED THAT— notice of investigation. Extensions of January 6, 2000, under section 337 of (1) Pursuant to subsection (b) of time for submitting responses to the complaint will not be granted unless the Tariff Act of 1930, as amended, 19 section 337 of the Tariff Act of 1930, as good cause therefor is shown. U.S.C. 1337, on behalf of Intel amended, an investigation be instituted Failure of a respondent to file a timely to determine whether there is a Corporation, 2200 Mission College response to each allegation in the violation of subsection (a)(1)(B) of Boulevard, Santa Clara, California complaint and in this notice may be section 337 in the importation into the 95052–8119. A supplemental complaint deemed to constitute a waiver of the United States, the sale for importation, was filed on January 20, 2000. The right to appear and contest the or the sale within the United States after complaint, as supplemented, alleges allegations of the complaint and to importation of certain integrated circuit violations of section 337 in the authorize the administrative law judge chipsets or products containing same by importation into the United States, the and the Commission, without further reason of infringement of claims 1–3 or sale for importation, and the sale within notice to the respondent, to find the 15–16 of U.S. Letters Patent 5,333,276, the United States after importation of facts to be as alleged in the complaint claims 1–4, 10, 15, 22, 27–30, 36–37, certain integrated circuit chipsets and and this notice and to enter both an 44–45, or 49 of U.S. Letters Patent products containing same by reason of initial determination and a final 5,740,385, claims 1–12 or 28–48 of U.S. infringement of claims 1–3 and 15–16 of determination containing such findings, Letters Patent 5,581,782, or claims 1–31 U.S. Letters Patent 5,333,276, claims 1– and may result in the issuance of a of U.S. Letters Patent 5,548,733, and 4, 10, 15, 22, 27–30, 36–37, 44–45, and limited exclusion order or a cease and whether there exists an industry in the 49 of U.S. Letters Patent 5,740,385, desist order or both directed against United States as required by subsection claims 1–12 and 28–48 of U.S. Letters such respondent. Patent 5,581,782, and claims 1–31 of (a)(2) of section 337. U.S. Letters Patent 5,548,733. The (2) For the purpose of the By order of the Commission. complaint further alleges that there investigation so instituted, the following Issued: February 7, 2000. exists an industry in the United States are hereby named as parties upon which Donna R. Koehnke, as required by subsection (a)(2) of this notice of investigation shall be Secretary. section 337. The complainant requests served: [FR Doc. 00–3243 Filed 2–10–00; 8:45 am] that the Commission institute an (a) The complainant is—Intel BILLING CODE 7020±02±P investigation and, after the Corporation, 2200 Mission College investigation, issue a permanent Boulevard, Santa Clara, California exclusion order and permanent cease 95052–8119. DEPARTMENT OF JUSTICE and desist orders. (b) The respondents are the following ADDRESSES: The complaint and companies alleged to be in violation of Immigration and Naturalization Service supplemental complaint, except for any section 337, and are the parties upon confidential information contained which the complaint is to be served: Agency Information Collection therein, are available for inspection VIA Technologies, Inc., 8F, 533 Chung- Activities; Comment Request during official business hours (8:45 a.m. Chen Road, Hsin-Tien, Taipei, Taiwan ACTION: Request OMB emergency to 5:15 p.m.) in the Office of the VIA Technologies, Inc., 1045 Mission approval; application for benefits under Secretary, U.S. International Trade Court, Fremont, California 94539 the Family Unity Program. Commission, 500 E Street, S.W., Room First International Computer, Inc., 6F, 112, Washington, D.C. 20436, telephone Fermosa Plastics Rear Building, 201– The Department of Justice, 202–205–2000. Hearing-impaired 24, Tun Hwa North Road, Taipei, Immigration and Naturalization Service

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(INS) has submitted an emergency (3) Enhance the quality, utility, and DEPARTMENT OF LABOR information collection request (ICR) clarity of the information to be utilizing emergency review procedures, collected; and Employment Standards Administration, Wage and Hour to the Office of Management and Budget (4) Minimize the burden of the Division (OMB) for review and clearance in collection of information on those who accordance with section are to respond, including through the 1320.13(a)(1)(ii) and (a)(2)(iii) of the Minimum Wages for Federal and use of appropriate automated, Paperwork Reduction Act of 1995. The Federally Assisted Construction; electronic, mechanical, or other INS has determined that it cannot General Wage Determination Decision technological collection techniques or reasonably comply with the normal other forms of information technology, General wage determination decisions clearance procedures under this part e.g., permitting electronic submission of of the Secretary of Labor are issued in because normal clearance procedures responses. accordance with applicable law and are are reasonably likely to prevent or based on the information obtained by disrupt the collection of information. Overview of this information the Department of Labor from its study Therefore, OMB approval has been collection: of local wage conditions and data made requested by February 14, 2000. If (1) Type of Information Collection: available from other sources. They granted, the emergency approval is only Revision of a currently approved specify the basis hourly wage rates and valid for 180 days. ALL comments and/ collection. fringe benefits which are determined to or questions pertaining to this pending be prevailing for the described classes of (2) Title of the Form/Collection: request for emergency approval MUST laborers and mechanics employed on Application for Benefits Under the be directed to OMB, Office of construction projects of a similar Family Unity Program. Information and Regulatory Affairs, character and in the localities specified Attention: Mr. Stuart Shapiro, 202–395– (3) Agency form number, if any, and therein. 7316, Department of Justice Desk the applicable component of the The determinations in these decisions Officer, Washington, DC 20503 before Department of Justice sponsoring the of prevailing rates and fringe benefits February 14, 2000. Comments regarding collection: Form I–817. Adjudications have been made in accordance with 29 the emergency submission of this Division, Immigration and CFR Part 1, by authority of the Secretary information collection may also be Naturalization Service. of Labor pursuant to the provisions of submitted via facimile to Mr. Shapiro at (4) Affected public who will be asked the Davis-Bacon Act of March 3, 1931, 202–395–6974. or required to respond, as well as a brief as amended (46 Stat. 1494, as amended, During the first 60 days of this same abstract: Primary: Individuals or 40 U.S.C. 27a) and of other Federal period, a regular review of this households. This application provides statutes referred to in 29 CFR Part 1, Appendix, as well as such additional information collection is also being for an automatic stay of deportation and statutes as may from time to time be undertaken. During the regular review employment authorization for the enacted containing provisions for the period, the INS requests written spouse or unmarried son or daughter of payment of wages determined to be comments and suggestions from the an alien who has been granted either prevailing by the Secretary of Labor in public and affected agencies concerning temporary or permanent resident status this information collection. Comments accordance with the Davis-Bacon Act. pursuant to section 210 (SAW) or The prevailing rates and fringe benefits are encouraged and will be accepted section 245a (Legalization) of the INA or until April 11, 2000. During the 60-day determined in these decisions shall, in section 202 of IRCA (Cuban/Haitian accordance with the provisions of the regular review, ALL comments and Adjustment). suggestions, or questions regarding foregoing statutes, constitute the additional information, to include (5) An estimate of the total number of minimum wages payable on Federal and obtaining a copy of the information respondents and the amount of time federally assisted construction projects collection instrument with instructions, estimated for an average respondent to to laborers and mechanics of the should be directed to Mr. Richard A. respond: 25,000 responses at 2 hours specified classes engaged on contract Sloan, 202–514–3291, Director, Policy and 5 minutes (2.083 hours) per work of the character and in the Directives and Instructions Branch, response. localities described therein. Good cause is hereby found for not Immigration and Naturalization Service, (6) An estimate of the total public utilizing notice and public comment U.S. Department of Justice, Room 5307, burden (in hours) associated with the procedure thereon prior to the issuance 425 I Street, NW., Washington, DC collection: 52,075 annual burden hours. 20536. Written comments and of these determinations as prescribed in If additional information is required suggestions from the public and affected 5 U.S.C. 553 and not providing for delay agencies concerning the proposed contact: Mr. Robert B. Briggs, Clearance in the effective date as prescribed in that collection of information should address Officer, United States Department of section, because the necessity to issue one or more of the following four points: Justice, Information Management and current construction industry wage Security Staff, Justice Management determinations frequently and in large (1) Evaluate whether the proposed Division, Suite 850, Washington Center, volume causes procedures to be collection of information is necessary 1001 G Street, NW., Washington, DC impractical and contrary to the public for the proper performance of the 20530. interest. functions of the agency, including General wage determinations Dated: February 7, 2000. whether the information will have decisions, and modifications and practical utility; Stephen R. Tarragon, supersedeas decisions thereto, contain (2) Evaluate the accuracy of the Acting Department Clearance Officer, United no expiration dates and are effective agencies estimate of the burden of the States Department of Justice, Immigration and from their date of notice in the Federal proposed collection of information, Naturalization Service. Register, or on the date written notice including the validity of the [FR Doc. 00–3154 Filed 2–10–00; 8:45 am] is received by the agency, whichever is methodology and assumptions used; BILLING CODE 4410±10±M earlier. These decisions are to be used

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Accordingly, the MA99–20 (Mar. 12, 1999) (MA00–20) NY99–08 (Mar. 12, 1999) (NY00–08) applicable decision, together with any MA99–21 (Mar. 12, 1999) (MA00–21) NY99–09 (Mar. 12, 1999) (NY00–09) modifications issued, must be made a Maine NY99–10 (Mar. 12, 1999) (NY00–10) ME99–01 (Mar. 12, 1999) (ME00–01) NY99–11 (Mar. 12, 1999) (NY00–11) part of every contract for performance of ME99–02 (Mar. 12, 1999) (ME00–02) NY99–12 (Mar. 12, 1999) (NY00–12) the described work within the ME99–03 (Mar. 12, 1999) (ME00–03) NY99–13 (Mar. 12, 1999) (NY00–13) geographic area indicated as required by ME99–04 (Mar. 12, 1999) (ME00–04) NY99–14 (Mar. 12, 1999) (NY00–14) an applicable Federal prevailing wage ME99–05 (Mar. 12, 1999) (ME00–05) NY99–15 (Mar. 12, 1999) (NY00–15) law and 29 CFR Part 5. The wage rates ME99–06 (Mar. 12, 1999) (ME00–06) NY99–16 (Mar. 12, 1999) (NY00–16) and fringe benefits, notice of which is ME99–07 (Mar. 12, 1999) (ME00–07) NY99–17 (Mar. 12, 1999) (NY00–17) published herein, and which are ME99–08 (Mar. 12, 1999) (ME00–08) NY99–18 (Mar. 12, 1999) (NY00–18) contained in the Government Printing ME99–09 (Mar. 12, 1999) (ME00–09) NY99–19 (Mar. 12, 1999) (NY00–19) ME99–10 (Mar. 12, 1999) (ME00–10) NY99–20 (Mar. 12, 1999) (NY00–20) Office (GPO) document entitled ME99–11 (Mar. 12, 1999) (ME00–11) NY99–21 (Mar. 12, 1999) (NY00–21) ‘‘General Wage Determinations Issued ME99–12 (Mar. 12, 1999) (ME00–12) NY99–22 (Mar. 12, 1999) (NY00–22) Under the Davis-Bacon and Related ME99–13 (Mar. 12, 1999) (ME00–13) NY99–23 (Mar. 12, 1999) (NY00–23) Acts,’’ shall be the minimum paid by ME99–14 (Mar. 12, 1999) (ME00–14) NY99–24 (Mar. 12, 1999) (NY00–24) contractors and subcontractors to ME99–15 (Mar. 12, 1999) (ME00–15) NY99–25 (Mar. 12, 1999) (NY00–25) laborers and mechanics. ME99–16 (Mar. 12, 1999) (ME00–16) NY99–26 (Mar. 12, 1999) (NY00–26) Any person, organization, or ME99–17 (Mar. 12, 1999) (ME00–17) NY99–27 (Mar. 12, 1999) (NY00–27) government agency having an interest in ME99–18 (Mar. 12, 1999) (ME00–18) NY99–28 (Mar. 12, 1999) (NY00–28) the rates determined as prevailing is ME99–19 (Mar. 12, 1999) (ME00–19) NY99–29 (Mar. 12, 1999) (NY00–29) ME99–20 (Mar. 12, 1999) (ME00–20) NY99–30 (Mar. 12, 1999) (NY00–30) encouraged to submit wage rate and ME99–21 (Mar. 12, 1999) (ME00–21) NY99–31 (Mar. 12, 1999) (NY00–31) fringe benefit information for ME99–22 (Mar. 12, 1999) (ME00–22) NY99–32 (Mar. 12, 1999) (NY00–32) consideration by the Department. ME99–23 (Mar. 12, 1999) (ME00–23) NY99–33 (Mar. 12, 1999) (NY00–33) Further information and self- ME99–24 (Mar. 12, 1999) (ME00–24) NY99–34 (Mar. 12, 1999) (NY00–34) explanatory forms for the purpose of ME99–25 (Mar. 12, 1999) (ME00–25) NY99–35 (Mar. 12, 1999) (NY00–35) submitting this data may be obtained by ME99–26 (Mar. 12, 1999) (ME00–26) NY99–36 (Mar. 12, 1999) (NY00–36) writing to the U.S. Department of Labor, ME99–27 (Mar. 12, 1999) (ME00–27) NY99–37 (Mar. 12, 1999) (NY00–37) Employment Standards Administration, ME99–28 (Mar. 12, 1999) (ME00–28) NY99–38 (Mar. 12, 1999) (NY00–38) Wage and Hour Division, Division of ME99–29 (Mar. 12, 1999) (ME00–29) NY99–39 (Mar. 12, 1999) (NY00–39) ME99–30 (Mar. 12, 1999) (ME00–30) NY99–40 (Mar. 12, 1999) (NY00–40) Wage Determinations, 200 Constitution ME99–31 (Mar. 12, 1999) (ME00–31) NY99–41 (Mar. 12, 1999) (NY00–41) Avenue, N.W., Room S–3014, ME99–32 (Mar. 12, 1999) (ME00–32) NY99–42 (Mar. 12, 1999) (NY00–42) Washington, D.C. 20210. ME99–33 (Mar. 12, 1999) (ME00–33) NY99–43 (Mar. 12, 1999) (NY00–43) Supersedeas Decisions to General Wage ME99–34 (Mar. 12, 1999) (ME00–34) NY99–44 (Mar. 12, 1999) (NY00–44) ME99–35 (Mar. 12, 1999) (ME00–35) NY99–45 (Mar. 12, 1999) (NY00–45) Determination Decisions ME99–36 (Mar. 12, 1999) (ME00–36) NY99–46 (Mar. 12, 1999) (NY00–46) The number of decisions being ME99–37 (Mar. 12, 1999) (ME00–37) NY99–47 (Mar. 12, 1999) (NY00–47) superseded and their date of notice in ME99–38 (Mar. 12, 1999) (ME00–38) NY99–48 (Mar. 12, 1999) (NY00–48) the Federal Register are listed with each New Hampshire NY99–49 (Mar. 12, 1999) (NY00–49) State. Supersedeas decision numbers are NH99–01 (Mar. 12, 1999) (NH00–01) NY99–50 (Mar. 12, 1999) (NY00–50) in parentheses following the number of NH99–02 (Mar. 12, 1999) (NH00–02) NY99–51 (Mar. 12, 1999) (NY00–51) NH99–03 (Mar. 12, 1999) (NH00–03) NY99–52 (Mar. 12, 1999) (NY00–52) decisions being superseded. NH99–04 (Mar. 12, 1999) (NH00–04) NY99–53 (Mar. 12, 1999) (NY00–53) Volume I NH99–05 (Mar. 12, 1999) (NH00–05) NY99–54 (Mar. 12, 1999) (NY00–54) Connecticut NH99–06 (Mar. 12, 1999) (NH00–06) NY99–55 (Mar. 12, 1999) (NY00–55) CT99–01 (Mar. 12, 1999) (CT00–01) NH99–07 (Mar. 12, 1999) (NH00–07) NY99–56 (Mar. 12, 1999) (NY00–56) CT99–02 (Mar. 12, 1999) (CT00–02) NH99–08 (Mar. 12, 1999) (NH00–08) NY99–57 (Mar. 12, 1999) (NY00–57) CT99–03 (Mar. 12, 1999) (CT00–03) NH99–09 (Mar. 12, 1999) (NH00–09) NY99–58 (Mar. 12, 1999) (NY00–58) CT99–04 (Mar. 12, 1999) (CT00–04) NH99–10 (Mar. 12, 1999) (NH00–10) NY99–59 (Mar. 12, 1999) (NY00–59) CT99–05 (Mar. 12, 1999) (CT00–05) NH99–11 (Mar. 12, 1999) (NH00–11) NY99–60 (Mar. 12, 1999) (NY00–60) CT99–06 (Mar. 12, 1999) (CT00–06) NH99–12 (Mar. 12, 1999) (NH00–12) NY99–61 (Mar. 12, 1999) (NY00–61) CT99–07 (Mar. 12, 1999) (CT00–07) NH99–13 (Mar. 12, 1999) (NH00–13) NY99–62 (Mar. 12, 1999) (NY00–62) CT99–08 (Mar. 12, 1999) (CT00–08) NH99–14 (Mar. 12, 1999) (NH00–14) NY99–63 (Mar. 12, 1999) (NY00–63) Massachusetts NH99–15 (Mar. 12, 1999) (NH00–15) NY99–64 (Mar. 12, 1999) (NY00–64) MA99–01 (Mar. 12, 1999) (MA00–01) NH99–16 (Mar. 12, 1999) (NH00–16) NY99–65 (Mar. 12, 1999) (NY00–65) MA99–02 (Mar. 12, 1999) (MA00–02) NH99–17 (Mar. 12, 1999) (NH00–17) NY99–66 (Mar. 12, 1999) (NY00–66) MA99–03 (Mar. 12, 1999) (MA00–03) New Jersey NY99–67 (Mar. 12, 1999) (NY00–67) MA99–04 (Mar. 12, 1999) (MA00–04) NJ99–01 (Mar. 12, 1999) (NJ00–01) NY99–68 (Mar. 12, 1999) (NY00–68) MA99–05 (Mar. 12, 1999) (MA00–05) NJ99–02 (Mar. 12, 1999) (NJ00–02) NY99–69 (Mar. 12, 1999) (NY00–69) MA99–06 (Mar. 12, 1999) (MA00–06) NJ99–03 (Mar. 12, 1999) (NJ00–03) NY99–70 (Mar. 12, 1999) (NY00–70) MA99–07 (Mar. 12, 1999) (MA00–07) NJ99–04 (Mar. 12, 1999) (NJ00–04) NY99–71 (Mar. 12, 1999) (NY00–71) MA99–08 (Mar. 12, 1999) (MA00–08) NJ99–05 (Mar. 12, 1999) (NJ00–05) NY99–72 (Mar. 12, 1999) (NY00–72) MA99–09 (Mar. 12, 1999) (MA00–09) NJ99–06 (Mar. 12, 1999) (NJ00–06) NY99–73 (Mar. 12, 1999) (NY00–73) MA99–10 (Mar. 12, 1999) (MA00–10) NJ99–07 (Mar. 12, 1999) (NJ00–07) NY99–74 (Mar. 12, 1999) (NY00–74) MA99–11 (Mar. 12, 1999) (MA00–11) NJ99–08 (Mar. 12, 1999) (NJ00–08) NY99–75 (Mar. 12, 1999) (NY00–75) MA99–12 (Mar. 12, 1999) (MA00–12) New York NY99–76 (Mar. 12, 1999) (NY00–76) MA99–13 (Mar. 12, 1999) (MA00–13) NY99–01 (Mar. 12, 1999) (NY00–01) NY99–77 (Mar. 12, 1999) (NY00–77) MA99–14 (Mar. 12, 1999) (MA00–14) NY99–02 (Mar. 12, 1999) (NY00–02) Guam MA99–15 (Mar. 12, 1999) (MA00–15) NY99–03 (Mar. 12, 1999) (NY00–03) GU99–01 (Mar. 12, 1999) (GU00–01) MA99–16 (Mar. 12, 1999) (MA00–16) NY99–04 (Mar. 12, 1999) (NY00–04) Puerto Rico MA99–17 (Mar. 12, 1999) (MA00–17) NY99–05 (Mar. 12, 1999) (NY00–05) PR99–01 (Mar. 12, 1999) (PR00–01) MA99–18 (Mar. 12, 1999) (MA00–18) NY99–06 (Mar. 12, 1999) (NY00–06) PR99–02 (Mar. 12, 1999) (PR00–02)

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PR99–03 (Mar. 12, 1999) (PR00–03) MD99–07 (Mar. 12, 1999) (MD00–07) PA99–23 (Mar. 12, 1999) (PA00–23) Rhode Island MD99–08 (Mar. 12, 1999) (MD00–08) PA99–24 (Mar. 12, 1999) (PA00–24) RI99–01 (Mar. 12, 1999) (RI00–01) MD99–09 (Mar. 12, 1999) (MD00–09) PA99–25 (Mar. 12, 1999) (PA00–25) RI99–02 (Mar. 12, 1999) (RI00–02) MD99–10 (Mar. 12, 1999) (MD00–10) PA99–26 (Mar. 12, 1999) (PA00–26) RI99–03 (Mar. 12, 1999) (RI00–03) MD99–11 (Mar. 12, 1999) (MD00–11) PA99–27 (Mar. 12, 1999) (PA00–27) RI99–04 (Mar. 12, 1999) (RI00–04) MD99–12 (Mar. 12, 1999) (MD00–12) PA99–28 (Mar. 12, 1999) (PA00–28) RI99–05 (Mar. 12, 1999) (RI00–05) MD99–13 (Mar. 12, 1999) (MD00–13) PA99–29 (Mar. 12, 1999) (PA00–29) Virgin Islands MD99–14 (Mar. 12, 1999) (MD00–14) PA99–30 (Mar. 12, 1999) (PA00–30) VI99–01 (Mar. 12, 1999) (VI00–01) MD99–15 (Mar. 12, 1999) (MD00–15) PA99–31 (Mar. 12, 1999) (PA00–31) VI99–02 (Mar. 12, 1999) (VI00–02) MD99–16 (Mar. 12, 1999) (MD00–16) PA99–32 (Mar. 12, 1999) (PA00–32) Vermont MD99–17 (Mar. 12, 1999) (MD00–17) PA99–33 (Mar. 12, 1999) (PA00–33) VT99–01 (Mar. 12, 1999) (VT00–01) MD99–18 (Mar. 12, 1999) (MD00–18) PA99–34 (Mar. 12, 1999) (PA00–34) VT99–02 (Mar. 12, 1999) (VT00–02) MD99–19 (Mar. 12, 1999) (MD00–19) PA99–35 (Mar. 12, 1999) (PA00–35) VT99–03 (Mar. 12, 1999) (VT00–03) MD99–20 (Mar. 12, 1999) (MD00–20) PA99–36 (Mar. 12, 1999) (PA00–36) VT99–04 (Mar. 12, 1999) (VT00–04) MD99–21 (Mar. 12, 1999) (MD00–21) PA99–37 (Mar. 12, 1999) (PA00–37) VT99–05 (Mar. 12, 1999) (VT00–05) MD99–22 (Mar. 12, 1999) (MD00–22) PA99–38 (Mar. 12, 1999) (PA00–38) VT99–06 (Mar. 12, 1999) (VT00–06) MD99–23 (Mar. 12, 1999) (MD00–23) PA99–39 (Mar. 12, 1999) (PA00–39) VT99–07 (Mar. 12, 1999) (VT00–07) MD99–24 (Mar. 12, 1999) (MD00–24) PA99–40 (Mar. 12, 1999) (PA00–40) VT99–08 (Mar. 12, 1999) (VT00–08) MD99–25 (Mar. 12, 1999) (MD00–25) PA99–41 (Mar. 12, 1999) (PA00–41) VT99–09 (Mar. 12, 1999) (VT00–09) MD99–26 (Mar. 12, 1999) (MD00–26) PA99–42 (Mar. 12, 1999) (PA00–42) VT99–10 (Mar. 12, 1999) (VT00–10) MD99–27 (Mar. 12, 1999) (MD00–27) PA99–43 (Mar. 12, 1999) (PA00–43) VT99–11 (Mar. 12, 1999) (VT00–11) MD99–28 (Mar. 12, 1999) (MD00–28) PA99–44 (Mar. 12, 1999) (PA00–44) VT99–12 (Mar. 12, 1999) (VT00–12) MD99–29 (Mar. 12, 1999) (MD00–29) PA99–45 (Mar. 12, 1999) (PA00–45) VT99–13 (Mar. 12, 1999) (VT00–13) MD99–30 (Mar. 12, 1999) (MD00–30) PA99–46 (Mar. 12, 1999) (PA00–46) VT99–14 (Mar. 12, 1999) (VT00–14) MD99–31 (Mar. 12, 1999) (MD00–31) PA99–47 (Mar. 12, 1999) (PA00–47) VT99–15 (Mar. 12, 1999) (VT00–15) MD99–32 (Mar. 12, 1999) (MD00–32) PA99–48 (Mar. 12, 1999) (PA00–48) VT99–16 (Mar. 12, 1999) (VT00–16) MD99–33 (Mar. 12, 1999) (MD00–33) PA99–49 (Mar. 12, 1999) (PA00–49) VT99–17 (Mar. 12, 1999) (VT00–17) MD99–34 (Mar. 12, 1999) (MD00–34) PA99–50 (Mar. 12, 1999) (PA00–50) VT99–18 (Mar. 12, 1999) (VT00–18) MD99–35 (Mar. 12, 1999) (MD00–35) PA99–51 (Mar. 12, 1999) (PA00–51) VT99–19 (Mar. 12, 1999) (VT00–19) MD99–36 (Mar. 12, 1999) (MD00–36) PA99–52 (Mar. 12, 1999) (PA00–52) VT99–20 (Mar. 12, 1999) (VT00–20) MD99–37 (Mar. 12, 1999) (MD00–37) PA99–53 (Mar. 12, 1999) (PA00–53) VT99–21 (Mar. 12, 1999) (VT00–21) MD99–38 (Mar. 12, 1999) (MD00–38) PA99–54 (Mar. 12, 1999) (PA00–54) VT99–22 (Mar. 12, 1999) (VT00–22) MD99–39 (Mar. 12, 1999) (MD00–39) PA99–55 (Mar. 12, 1999) (PA00–55) VT99–23 (Mar. 12, 1999) (VT00–23) MD99–40 (Mar. 12, 1999) (MD00–40) PA99–56 (Mar. 12, 1999) (PA00–56) VT99–24 (Mar. 12, 1999) (VT00–24) MD99–41 (Mar. 12, 1999) (MD00–41) PA99–57 (Mar. 12, 1999) (PA00–57) VT99–25 (Mar. 12, 1999) (VT00–25) MD99–42 (Mar. 12, 1999) (MD00–42) PA99–58 (Mar. 12, 1999) (PA00–58) VT99–26 (Mar. 12, 1999) (VT00–26) MD99–43 (Mar. 12, 1999) (MD00–43) PA99–59 (Mar. 12, 1999) (PA00–59) VT99–27 (Mar. 12, 1999) (VT00–27) MD99–44 (Mar. 12, 1999) (MD00–44) PA99–60 (Mar. 12, 1999) (PA00–60) VT99–28 (Mar. 12, 1999) (VT00–28) MD99–45 (Mar. 12, 1999) (MD00–45) PA99–61 (Mar. 12, 1999) (PA00–61) VT99–29 (Mar. 12, 1999) (VT00–29) MD99–46 (Mar. 12, 1999) (MD00–46) PA99–62 (Mar. 12, 1999) (PA00–62) VT99–30 (Mar. 12, 1999) (VT00–30) MD99–47 (Mar. 12, 1999) (MD00–47) PA99–63 (Mar. 12, 1999) (PA00–63) VT99–31 (Mar. 12, 1999) (VT00–31) MD99–48 (Mar. 12, 1999) (MD00–48) PA99–64 (Mar. 12, 1999) (PA00–64) VT99–32 (Mar. 12, 1999) (VT00–32) MD99–49 (Mar. 12, 1999) (MD00–49) PA99–65 (Mar. 12, 1999) (PA00–65) VT99–33 (Mar. 12, 1999) (VT00–33) MD99–50 (Mar. 12, 1999) (MD00–50) PA99–66 (Mar. 12, 1999) (PA00–66) VT99–34 (Mar. 12, 1999) (VT00–34) MD99–51 (Mar. 12, 1999) (MD00–51) Virginia VT99–35 (Mar. 12, 1999) (VT00–35) MD99–52 (Mar. 12, 1999) (MD00–52) VA99–01 (Mar. 12, 1999) (VA00–01) VT99–36 (Mar. 12, 1999) (VT00–36) MD99–53 (Mar. 12, 1999) (MD00–53) VA99–02 (Mar. 12, 1999) (VA00–02) VT99–37 (Mar. 12, 1999) (VT00–37) MD99–54 (Mar. 12, 1999) (MD00–54) VA99–03 (Mar. 12, 1999) (VA00–03) VT99–38 (Mar. 12, 1999) (VT00–38) MD99–55 (Mar. 12, 1999) (MD00–55) VA99–04 (Mar. 12, 1999) (VA00–04) VT99–39 (Mar. 12, 1999) (VT00–39) MD99–56 (Mar. 12, 1999) (MD00–56) VA99–05 (Mar. 12, 1999) (VA00–05) VT99–40 (Mar. 12, 1999) (VT00–40) MD99–57 (Mar. 12, 1999) (MD00–57) VA99–06 (Mar. 12, 1999) (VA00–06) VT99–41 (Mar. 12, 1999) (VT00–41) MD99–58 (Mar. 12, 1999) (MD00–58) VA99–07 (Mar. 12, 1999) (VA00–07) MD99–59 (Mar. 12, 1999) (MD00–59) VA99–08 (Mar. 12, 1999) (VA00–08) Volume II Pennsylvania VA99–09 (Mar. 12, 1999) (VA00–09) District of Columbia PA99–01 (Mar. 12, 1999) (PA00–01) VA99–10 (Mar. 12, 1999) (VA00–10) DC99–01 (Mar. 12, 1999) (DC00–01) PA99–02 (Mar. 12, 1999) (PA00–02) VA99–11 (Mar. 12, 1999) (VA00–11) DC99–02 (Mar. 12, 1999) (DC00–02) PA99–03 (Mar. 12, 1999) (PA00–03) VA99–12 (Mar. 12, 1999) (VA00–12) DC99–03 (Mar. 12, 1999) (DC00–03) PA99–04 (Mar. 12, 1999) (PA00–04) VA99–13 (Mar. 12, 1999) (VA00–13) Delaware PA99–05 (Mar. 12, 1999) (PA00–05) VA99–14 (Mar. 12, 1999) (VA00–14) DE99–01 (Mar. 12, 1999) (DE00–01) PA99–06 (Mar. 12, 1999) (PA00–06) VA99–15 (Mar. 12, 1999) (VA00–15) DE99–02 (Mar. 12, 1999) (DE00–02) PA99–07 (Mar. 12, 1999) (PA00–07) VA99–16 (Mar. 12, 1999) (VA00–16) DE99–03 (Mar. 12, 1999) (DE00–03) PA99–08 (Mar. 12, 1999) (PA00–08) VA99–17 (Mar. 12, 1999) (VA00–17) DE99–04 (Mar. 12, 1999) (DE00–04) PA99–09 (Mar. 12, 1999) (PA00–09) VA99–18 (Mar. 12, 1999) (VA00–18) DE99–05 (Mar. 12, 1999) (DE00–05) PA99–10 (Mar. 12, 1999) (PA00–10) VA99–19 (Mar. 12, 1999) (VA00–19) DE99–06 (Mar. 12, 1999) (DE00–06) PA99–11 (Mar. 12, 1999) (PA00–11) VA99–20 (Mar. 12, 1999) (VA00–20) DE99–07 (Mar. 12, 1999) (DE00–07) PA99–12 (Mar. 12, 1999) (PA00–12) VA99–21 (Mar. 12, 1999) (VA00–21) DE99–08 (Mar. 12, 1999) (DE00–08) PA99–13 (Mar. 12, 1999) (PA00–13) VA99–22 (Mar. 12, 1999) (VA00–22) DE99–09 (Mar. 12, 1999) (DE00–09) PA99–14 (Mar. 12, 1999) (PA00–14) VA99–23 (Mar. 12, 1999) (VA00–23) DE99–10 (Mar. 12, 1999) (DE00–10) PA99–15 (Mar. 12, 1999) (PA00–15) VA99–24 (Mar. 12, 1999) (VA00–24) Maryland PA99–16 (Mar. 12, 1999) (PA00–16) VA99–25 (Mar. 12, 1999) (VA00–25) MD99–01 (Mar. 12, 1999) (MD00–01) PA99–17 (Mar. 12, 1999) (PA00–17) VA99–26 (Mar. 12, 1999) (VA00–26) MD99–02 (Mar. 12, 1999) (MD00–02) PA99–18 (Mar. 12, 1999) (PA00–18) VA99–27 (Mar. 12, 1999) (VA00–27) MD99–03 (Mar. 12, 1999) (MD00–03) PA99–19 (Mar. 12, 1999) (PA00–19) VA99–28 (Mar. 12, 1999) (VA00–28) MD99–04 (Mar. 12, 1999) (MD00–04) PA99–20 (Mar. 12, 1999) (PA00–20) VA99–29 (Mar. 12, 1999) (VA00–29) MD99–05 (Mar. 12, 1999) (MD00–05) PA99–21 (Mar. 12, 1999) (PA00–21) VA99–30 (Mar. 12, 1999) (VA00–30) MD99–06 (Mar. 12, 1999) (MD00–06) PA99–22 (Mar. 12, 1999) (PA00–22) VA99–31 (Mar. 12, 1999) (VA00–31)

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VA99–32 (Mar. 12, 1999) (VA00–32) WV99–04 (Mar. 12, 1999) (WV00–04) FL99–10 (Mar. 12, 1999) (FL00–10) VA99–33 (Mar. 12, 1999) (VA00–33) WV99–05 (Mar. 12, 1999) (WV00–05) FL99–11 (Mar. 12, 1999) (FL00–11) VA99–34 (Mar. 12, 1999) (VA00–34) WV99–06 (Mar. 12, 1999) (WV00–06) FL99–12 (Mar. 12, 1999) (FL00–12) VA99–35 (Mar. 12, 1999) (VA00–35) WV99–07 (Mar. 12, 1999) (WV00–07) FL99–13 (Mar. 12, 1999) (FL00–13) VA99–36 (Mar. 12, 1999) (VA00–36) WV99–08 (Mar. 12, 1999) (WV00–08) FL99–14 (Mar. 12, 1999) (FL00–14) VA99–37 (Mar. 12, 1999) (VA00–37) WV99–09 (Mar. 12, 1999) (WV00–09) FL99–15 (Mar. 12, 1999) (FL00–15) VA99–38 (Mar. 12, 1999) (VA00–38) WV99–10 (Mar. 12, 1999) (WV00–10) FL99–16 (Mar. 12, 1999) (FL00–16) VA99–39 (Mar. 12, 1999) (VA00–39) WV99–11 (Mar. 12, 1999) (WV00–11) FL99–17 (Mar. 12, 1999) (FL00–17) VA99–40 (Mar. 12, 1999) (VA00–40) WV99–12 (Mar. 12, 1999) (WV00–12) FL99–18 (Mar. 12, 1999) (FL00–18) VA99–41 (Mar. 12, 1999) (VA00–41) FL99–19 (Mar. 12, 1999) (FL00–19) VA99–42 (Mar. 12, 1999) (VA00–42) Volume III FL99–20 (Mar. 12, 1999) (FL00–20) VA99–43 (Mar. 12, 1999) (VA00–43) Alabama FL99–21 (Mar. 12, 1999) (FL00–21) VA99–44 (Mar. 12, 1999) (VA00–44) AL99–01 (Mar. 12, 1999) (AL00–01) FL99–22 (Mar. 12, 1999) (FL00–22) VA99–45 (Mar. 12, 1999) (VA00–45) AL99–02 (Mar. 12, 1999) (AL00–02) FL99–23 (Mar. 12, 1999) (FL00–23) VA99–46 (Mar. 12, 1999) (VA00–46) AL99–03 (Mar. 12, 1999) (AL00–03) FL99–24 (Mar. 12, 1999) (FL00–24) VA99–47 (Mar. 12, 1999) (VA00–47) AL99–04 (Mar. 12, 1999) (AL00–04) FL99–25 (Mar. 12, 1999) (FL00–25) VA99–48 (Mar. 12, 1999) (VA00–48) AL99–05 (Mar. 12, 1999) (AL00–05) FL99–26 (Mar. 12, 1999) (FL00–26) VA99–49 (Mar. 12, 1999) (VA00–49) AL99–06 (Mar. 12, 1999) (AL00–06) FL99–27 (Mar. 12, 1999) (FL00–27) VA99–50 (Mar. 12, 1999) (VA00–50) AL99–07 (Mar. 12, 1999) (AL00–07) FL99–28 (Mar. 12, 1999) (FL00–28) VA99–51 (Mar. 12, 1999) (VA00–51) AL99–08 (Mar. 12, 1999) (AL00–08) FL99–29 (Mar. 12, 1999) (FL00–29) VA99–52 (Mar. 12, 1999) (VA00–52) AL99–09 (Mar. 12, 1999) (AL00–09) FL99–30 (Mar. 12, 1999) (FL00–30) VA99–53 (Mar. 12, 1999) (VA00–53) AL99–10 (Mar. 12, 1999) (AL00–10) FL99–31 (Mar. 12, 1999) (FL00–31) VA99–54 (Mar. 12, 1999) (VA00–54) AL99–11 (Mar. 12, 1999) (AL00–11) FL99–32 (Mar. 12, 1999) (FL00–32) VA99–55 (Mar. 12, 1999) (VA00–55) AL99–12 (Mar. 12, 1999) (AL00–12) FL99–33 (Mar. 12, 1999) (FL00–33) VA99–56 (Mar. 12, 1999) (VA00–56) AL99–13 (Mar. 12, 1999) (AL00–13) FL99–34 (Mar. 12, 1999) (FL00–34) VA99–57 (Mar. 12, 1999) (VA00–57) AL99–14 (Mar. 12, 1999) (AL00–14) FL99–35 (Mar. 12, 1999) (FL00–35) VA99–58 (Mar. 12, 1999) (VA00–58) AL99–15 (Mar. 12, 1999) (AL00–15) FL99–36 (Mar. 12, 1999) (FL00–36) VA99–59 (Mar. 12, 1999) (VA00–59) AL99–16 (Mar. 12, 1999) (AL00–16) FL99–37 (Mar. 12, 1999) (FL00–37) VA99–60 (Mar. 12, 1999) (VA00–60) AL99–17 (Mar. 12, 1999) (AL00–17) FL99–38 (Mar. 12, 1999) (FL00–38) VA99–61 (Mar. 12, 1999) (VA00–61) AL99–18 (Mar. 12, 1999) (AL00–18) FL99–39 (Mar. 12, 1999) (FL00–39) VA99–62 (Mar. 12, 1999) (VA00–62) AL99–19 (Mar. 12, 1999) (AL00–19) FL99–40 (Mar. 12, 1999) (FL00–40) VA99–63 (Mar. 12, 1999) (VA00–63) AL99–20 (Mar. 12, 1999) (AL00–20) FL99–41 (Mar. 12, 1999) (FL00–41) VA99–64 (Mar. 12, 1999) (VA00–64) AL99–21 (Mar. 12, 1999) (AL00–21) FL99–42 (Mar. 12, 1999) (FL00–42) VA99–65 (Mar. 12, 1999) (VA00–65) AL99–22 (Mar. 12, 1999) (AL00–22) FL99–43 (Mar. 12, 1999) (FL00–43) VA99–66 (Mar. 12, 1999) (VA00–66) AL99–23 (Mar. 12, 1999) (AL00–23) FL99–44 (Mar. 12, 1999) (FL00–44) VA99–67 (Mar. 12, 1999) (VA00–67) AL99–24 (Mar. 12, 1999) (AL00–24) FL99–45 (Mar. 12, 1999) (FL00–45) VA99–68 (Mar. 12, 1999) (VA00–68) AL99–25 (Mar. 12, 1999) (AL00–25) FL99–46 (Mar. 12, 1999) (FL00–46) VA99–69 (Mar. 12, 1999) (VA00–69) AL99–26 (Mar. 12, 1999) (AL00–26) FL99–47 (Mar. 12, 1999) (FL00–47) VA99–70 (Mar. 12, 1999) (VA00–70) AL99–27 (Mar. 12, 1999) (AL00–28) FL99–48 (Mar. 12, 1999) (FL00–48) VA99–71 (Mar. 12, 1999) (VA00–71) AL99–29 (Mar. 12, 1999) (AL00–29) FL99–49 (Mar. 12, 1999) (FL00–49) VA99–72 (Mar. 12, 1999) (VA00–72) AL99–30 (Mar. 12, 1999) (AL00–30) FL99–50 (Mar. 12, 1999) (FL00–50) VA99–73 (Mar. 12, 1999) (VA00–73) AL99–31 (Mar. 12, 1999) (AL00–31) FL99–51 (Mar. 12, 1999) (FL00–51) VA99–74 (Mar. 12, 1999) (VA00–74) AL99–32 (Mar. 12, 1999) (AL00–32) FL99–52 (Mar. 12, 1999) (FL00–52) VA99–75 (Mar. 12, 1999) (VA00–75) AL99–33 (Mar. 12, 1999) (AL00–33) FL99–53 (Mar. 12, 1999) (FL00–53) VA99–76 (Mar. 12, 1999) (VA00–76) AL99–34 (Mar. 12, 1999) (AL00–34) FL99–54 (Mar. 12, 1999) (FL00–54) VA99–77 (Mar. 12, 1999) (VA00–77) AL99–35 (Mar. 12, 1999) (AL00–35) FL99–55 (Mar. 12, 1999) (FL00–55) VA99–78 (Mar. 12, 1999) (VA00–78) AL99–36 (Mar. 12, 1999) (AL00–36) FL99–56 (Mar. 12, 1999) (FL00–56) VA99–79 (Mar. 12, 1999) (VA00–79) AL99–37 (Mar. 12, 1999) (AL00–37) FL99–57 (Mar. 12, 1999) (FL00–57) VA99–80 (Mar. 12, 1999) (VA00–80) AL99–38 (Mar. 12, 1999) (AL00–38) FL99–58 (Mar. 12, 1999) (FL00–58) VA99–81 (Mar. 12, 1999) (VA00–81) AL99–39 (Mar. 12, 1999) (AL00–39) FL99–59 (Mar. 12, 1999) (FL00–59) VA99–82 (Mar. 12, 1999) (VA00–82) AL99–40 (Mar. 12, 1999) (AL00–40) FL99–60 (Mar. 12, 1999) (FL00–60) VA99–83 (Mar. 12, 1999) (VA00–83) AL99–41 (Mar. 12, 1999) (AL00–41) FL99–61 (Mar. 12, 1999) (FL00–61) VA99–84 (Mar. 12, 1999) (VA00–84) AL99–42 (Mar. 12, 1999) (AL00–42) FL99–62 (Mar. 12, 1999) (FL00–62) VA99–85 (Mar. 12, 1999) (VA00–85) AL99–43 (Mar. 12, 1999) (AL00–43) FL99–63 (Mar. 12, 1999) (FL00–63) VA99–86 (Mar. 12, 1999) (VA00–86) AL99–44 (Mar. 12, 1999) (AL00–44) FL99–64 (Mar. 12, 1999) (FL00–64) VA99–87 (Mar. 12, 1999) (VA00–87) AL99–45 (Mar. 12, 1999) (AL00–45) FL99–65 (Mar. 12, 1999) (FL00–65) VA99–88 (Mar. 12, 1999) (VA00–88) AL99–46 (Mar. 12, 1999) (AL00–46) FL99–66 (Mar. 12, 1999) (FL00–66) VA99–89 (Mar. 12, 1999) (VA00–89) AL99–47 (Mar. 12, 1999) (AL00–47) FL99–67 (Mar. 12, 1999) (FL00–67) VA99–90 (Mar. 12, 1999) (VA00–90) AL99–48 (Mar. 12, 1999) (AL00–48) FL99–68 (Mar. 12, 1999) (FL00–68) VA99–91 (Mar. 12, 1999) (VA00–91) AL99–49 (Mar. 12, 1999) (AL00–49) FL99–69 (Mar. 12, 1999) (FL00–69) VA99–92 (Mar. 12, 1999) (VA00–92) AL99–50 (Mar. 12, 1999) (AL00–50) FL99–70 (Mar. 12, 1999) (FL00–70) VA99–93 (Mar. 12, 1999) (VA00–93) AL99–51 (Mar. 12, 1999) (AL00–51) FL99–71 (Mar. 12, 1999) (FL00–71) VA99–94 (Mar. 12, 1999) (VA00–94) AL99–52 (Mar. 12, 1999) (AL00–52) FL99–72 (Mar. 12, 1999) (FL00–72) VA99–95 (Mar. 12, 1999) (VA00–95) AL99–53 (Mar. 12, 1999) (AL00–53) FL99–73 (Mar. 12, 1999) (FL00–73) VA99–96 (Mar. 12, 1999) (VA00–96) AL99–54 (Mar. 12, 1999) (AL00–54) FL99–74 (Mar. 12, 1999) (FL00–74) VA99–97 (Mar. 12, 1999) (VA00–97) AL99–55 (Mar. 12, 1999) (AL00–55) FL99–75 (Mar. 12, 1999) (FL00–75) VA99–98 (Mar. 12, 1999) (VA00–98) Florida FL99–76 (Mar. 12, 1999) (FL00–76) VA99–99 (Mar. 12, 1999) (VA00–99) FL99–01 (Mar. 12, 1999) (FL00–01) FL99–77 (Mar. 12, 1999) (FL00–77) VA99–100 (Mar. 12, 1999) (VA00–100) FL99–02 (Mar. 12, 1999) (FL00–02) FL99–78 (Mar. 12, 1999) (FL00–78) VA99–101 (Mar. 12, 1999) (VA00–101) FL99–03 (Mar. 12, 1999) (FL00–03) FL99–79 (Mar. 12, 1999) (FL00–79) VA99–102 (Mar. 12, 1999) (VA00–102) FL99–04 (Mar. 12, 1999) (FL00–04) FL99–80 (Mar. 12, 1999) (FL00–80) VA99–103 (Mar. 12, 1999) (VA00–103) FL99–05 (Mar. 12, 1999) (FL00–05) FL99–81 (Mar. 12, 1999) (FL00–81) West Virginia FL99–06 (Mar. 12, 1999) (FL00–06) FL99–82 (Mar. 12, 1999) (FL00–82) WV99–01 (Mar. 12, 1999) (WV00–01) FL99–07 (Mar. 12, 1999) (FL00–07) FL99–83 (Mar. 12, 1999) (FL00–83) WV99–02 (Mar. 12, 1999) (WV00–02) FL99–08 (Mar. 12, 1999) (FL00–08) FL99–84 (Mar. 12, 1999) (FL00–84) WV99–03 (Mar. 12, 1999) (WV00–03) FL99–09 (Mar. 12, 1999) (FL00–09) FL99–85 (Mar. 12, 1999) (FL00–85)

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 7064 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices

FL99–86 (Mar. 12, 1999) (FL00–86) GA99–59 (Mar. 12, 1999) (GA00–59) KY99–40 (Mar. 12, 1999) (KY00–40) FL99–87 (Mar. 12, 1999) (FL00–87) GA99–60 (Mar. 12, 1999) (GA00–60) KY99–41 (Mar. 12, 1999) (KY00–41) FL99–88 (Mar. 12, 1999) (FL00–88) GA99–61 (Mar. 12, 1999) (GA00–61) KY99–42 (Mar. 12, 1999) (KY00–42) FL99–89 (Mar. 12, 1999) (FL00–89) GA99–62 (Mar. 12, 1999) (GA00–62) KY99–43 (Mar. 12, 1999) (KY00–43) FL99–90 (Mar. 12, 1999) (FL00–90) GA99–63 (Mar. 12, 1999) (GA00–63) KY99–44 (Mar. 12, 1999) (KY00–44) FL99–91 (Mar. 12, 1999) (FL00–91) GA99–64 (Mar. 12, 1999) (GA00–64) KY99–45 (Mar. 12, 1999) (KY00–45) FL99–92 (Mar. 12, 1999) (FL00–92) GA99–65 (Mar. 12, 1999) (GA00–65) KY99–46 (Mar. 12, 1999) (KY00–46) FL99–93 (Mar. 12, 1999) (FL00–93) GA99–66 (Mar. 12, 1999) (GA00–66) KY99–47 (Mar. 12, 1999) (KY00–47) FL99–94 (Mar. 12, 1999) (FL00–94) GA99–67 (Mar. 12, 1999) (GA00–67) KY99–48 (Mar. 12, 1999) (KY00–48) FL99–95 (Mar. 12, 1999) (FL00–95) GA99–68 (Mar. 12, 1999) (GA00–68) KY99–49 (Mar. 12, 1999) (KY00–49) FL99–96 (Mar. 12, 1999) (FL00–96) GA99–69 (Mar. 12, 1999) (GA00–69) KY99–50 (Mar. 12, 1999) (KY00–50) FL99–97 (Mar. 12, 1999) (FL00–97) GA99–70 (Mar. 12, 1999) (GA00–70) KY99–51 (Mar. 12, 1999) (KY00–51) FL99–98 (Mar. 12, 1999) (FL00–98) GA99–71 (Mar. 12, 1999) (GA00–71) KY99–52 (Mar. 12, 1999) (KY00–52) FL99–99 (Mar. 12, 1999) (FL00–99) GA99–72 (Mar. 12, 1999) (GA00–72) KY99–53 (Mar. 12, 1999) (KY00–53) FL99–100 (Mar. 12, 1999) (FL00–100) GA99–73 (Mar. 12, 1999) (GA00–73) Mississippi FL99–101 (Mar. 12, 1999) (FL00–101) GA99–74 (Mar. 12, 1999) (GA00–74) MS99–01 (Mar. 12, 1999) (MS00–01) FL99–102 (Mar. 12, 1999) (FL00–102) GA99–75 (Mar. 12, 1999) (GA00–75) MS99–02 (Mar. 12, 1999) (MS00–02) Georgia GA99–76 (Mar. 12, 1999) (GA00–76) MS99–03 (Mar. 12, 1999) (MS00–03) GA99–01 (Mar. 12, 1999) (GA00–01) GA99–77 (Mar. 12, 1999) (GA00–77) MS99–04 (Mar. 12, 1999) (MS00–04) GA99–02 (Mar. 12, 1999) (GA00–02) GA99–78 (Mar. 12, 1999) (GA00–78) MS99–05 (Mar. 12, 1999) (MS00–05) GA99–03 (Mar. 12, 1999) (GA00–03) GA99–79 (Mar. 12, 1999) (GA00–79) MS99–06 (Mar. 12, 1999) (MS00–06) GA99–04 (Mar. 12, 1999) (GA00–04) GA99–80 (Mar. 12, 1999) (GA00–80) MS99–07 (Mar. 12, 1999) (MS00–07) GA99–05 (Mar. 12, 1999) (GA00–05) GA99–81 (Mar. 12, 1999) (GA00–81) MS99–08 (Mar. 12, 1999) (MS00–08) GA99–06 (Mar. 12, 1999) (GA00–06) GA99–82 (Mar. 12, 1999) (GA00–82) MS99–09 (Mar. 12, 1999) (MS00–09) GA99–07 (Mar. 12, 1999) (GA00–07) GA99–83 (Mar. 12, 1999) (GA00–83) MS99–10 (Mar. 12, 1999) (MS00–10) GA99–08 (Mar. 12, 1999) (GA00–08) GA99–84 (Mar. 12, 1999) (GA00–84) MS99–11 (Mar. 12, 1999) (MS00–11) GA99–09 (Mar. 12, 1999) (GA00–09) GA99–85 (Mar. 12, 1999) (GA00–85) MS99–12 (Mar. 12, 1999) (MS00–12) GA99–10 (Mar. 12, 1999) (GA00–10) GA99–86 (Mar. 12, 1999) (GA00–86) MS99–13 (Mar. 12, 1999) (MS00–13) GA99–11 (Mar. 12, 1999) (GA00–11) GA99–87 (Mar. 12, 1999) (GA00–87) MS99–14 (Mar. 12, 1999) (MS00–14) GA99–12 (Mar. 12, 1999) (GA00–12) GA99–88 (Mar. 12, 1999) (GA00–88) MS99–15 (Mar. 12, 1999) (MS00–15) GA99–13 (Mar. 12, 1999) (GA00–13) GA99–89 (Mar. 12, 1999) (GA00–89) MS99–16 (Mar. 12, 1999) (MS00–16) GA99–14 (Mar. 12, 1999) (GA00–14) GA99–90 (Mar. 12, 1999) (GA00–90) MS99–17 (Mar. 12, 1999) (MS00–17) GA99–15 (Mar. 12, 1999) (GA00–15) GA99–91 (Mar. 12, 1999) (GA00–91) MS99–18 (Mar. 12, 1999) (MS00–18) GA99–16 (Mar. 12, 1999) (GA00–16) GA99–92 (Mar. 12, 1999) (GA00–92) MS99–19 (Mar. 12, 1999) (MS00–19) GA99–17 (Mar. 12, 1999) (GA00–17) GA99–93 (Mar. 12, 1999) (GA00–93) MS99–20 (Mar. 12, 1999) (MS00–20) GA99–18 (Mar. 12, 1999) (GA00–18) GA99–94 (Mar. 12, 1999) (GA00–94) MS99–21 (Mar. 12, 1999) (MS00–21) GA99–19 (Mar. 12, 1999) (GA00–19) Kentucky MS99–22 (Mar. 12, 1999) (MS00–22) GA99–20 (Mar. 12, 1999) (GA00–20) KY99–01 (Mar. 12, 1999) (KY00–01) MS99–23 (Mar. 12, 1999) (MS00–23) GA99–21 (Mar. 12, 1999) (GA00–21) KY99–02 (Mar. 12, 1999) (KY00–02) MS99–24 (Mar. 12, 1999) (MS00–24) GA99–22 (Mar. 12, 1999) (GA00–22) KY99–03 (Mar. 12, 1999) (KY00–03) MS99–25 (Mar. 12, 1999) (MS00–25) GA99–23 (Mar. 12, 1999) (GA00–23) KY99–04 (Mar. 12, 1999) (KY00–04) MS99–26 (Mar. 12, 1999) (MS00–26) GA99–24 (Mar. 12, 1999) (GA00–24) KY99–05 (Mar. 12, 1999) (KY00–05) MS99–27 (Mar. 12, 1999) (MS00–27) GA99–25 (Mar. 12, 1999) (GA00–25) KY99–06 (Mar. 12, 1999) (KY00–06) MS99–28 (Mar. 12, 1999) (MS00–28) GA99–26 (Mar. 12, 1999) (GA00–26) KY99–07 (Mar. 12, 1999) (KY00–07) MS99–29 (Mar. 12, 1999) (MS00–29) GA99–27 (Mar. 12, 1999) (GA00–27) KY99–08 (Mar. 12, 1999) (KY00–08) MS99–30 (Mar. 12, 1999) (MS00–30) GA99–28 (Mar. 12, 1999) (GA00–28) KY99–09 (Mar. 12, 1999) (KY00–09) MS99–31 (Mar. 12, 1999) (MS00–31) GA99–29 (Mar. 12, 1999) (GA00–29) KY99–10 (Mar. 12, 1999) (KY00–10) MS99–32 (Mar. 12, 1999) (MS00–32) GA99–30 (Mar. 12, 1999) (GA00–30) KY99–11 (Mar. 12, 1999) (KY00–11) MS99–33 (Mar. 12, 1999) (MS00–33) GA99–31 (Mar. 12, 1999) (GA00–31) KY99–12 (Mar. 12, 1999) (KY00–12) MS99–34 (Mar. 12, 1999) (MS00–34) GA99–32 (Mar. 12, 1999) (GA00–32) KY99–13 (Mar. 12, 1999) (KY00–13) MS99–35 (Mar. 12, 1999) (MS00–35) GA99–33 (Mar. 12, 1999) (GA00–33) KY99–14 (Mar. 12, 1999) (KY00–14) MS99–36 (Mar. 12, 1999) (MS00–36) GA99–34 (Mar. 12, 1999) (GA00–34) KY99–15 (Mar. 12, 1999) (KY00–15) MS99–37 (Mar. 12, 1999) (MS00–37) GA99–35 (Mar. 12, 1999) (GA00–35) KY99–16 (Mar. 12, 1999) (KY00–16) MS99–38 (Mar. 12, 1999) (MS00–38) GA99–36 (Mar. 12, 1999) (GA00–36) KY99–17 (Mar. 12, 1999) (KY00–17) MS99–39 (Mar. 12, 1999) (MS00–39) GA99–37 (Mar. 12, 1999) (GA00–37) KY99–18 (Mar. 12, 1999) (KY00–18) MS99–40 (Mar. 12, 1999) (MS00–40) GA99–38 (Mar. 12, 1999) (GA00–38) KY99–19 (Mar. 12, 1999) (KY00–19) MS99–41 (Mar. 12, 1999) (MS00–41) GA99–39 (Mar. 12, 1999) (GA00–39) KY99–20 (Mar. 12, 1999) (KY00–20) MS99–42 (Mar. 12, 1999) (MS00–42) GA99–40 (Mar. 12, 1999) (GA00–40) KY99–21 (Mar. 12, 1999) (KY00–21) MS99–43 (Mar. 12, 1999) (MS00–43) GA99–41 (Mar. 12, 1999) (GA00–41) KY99–22 (Mar. 12, 1999) (KY00–22) MS99–44 (Mar. 12, 1999) (MS00–44) GA99–42 (Mar. 12, 1999) (GA00–42) KY99–23 (Mar. 12, 1999) (KY00–23) MS99–45 (Mar. 12, 1999) (MS00–45) GA99–43 (Mar. 12, 1999) (GA00–43) KY99–24 (Mar. 12, 1999) (KY00–24) MS99–46 (Mar. 12, 1999) (MS00–46) GA99–44 (Mar. 12, 1999) (GA00–44) KY99–25 (Mar. 12, 1999) (KY00–25) MS99–47 (Mar. 12, 1999) (MS00–47) GA99–45 (Mar. 12, 1999) (GA00–45) KY99–26 (Mar. 12, 1999) (KY00–26) MS99–48 (Mar. 12, 1999) (MS00–48) GA99–46 (Mar. 12, 1999) (GA00–46) KY99–27 (Mar. 12, 1999) (KY00–27) MS99–49 (Mar. 12, 1999) (MS00–49) GA99–47 (Mar. 12, 1999) (GA00–47) KY99–28 (Mar. 12, 1999) (KY00–28) MS99–50 (Mar. 12, 1999) (MS00–50) GA99–48 (Mar. 12, 1999) (GA00–48) KY99–29 (Mar. 12, 1999) (KY00–29) MS99–51 (Mar. 12, 1999) (MS00–51) GA99–49 (Mar. 12, 1999) (GA00–49) KY99–30 (Mar. 12, 1999) (KY00–30) MS99–52 (Mar. 12, 1999) (MS00–52) GA99–50 (Mar. 12, 1999) (GA00–50) KY99–31 (Mar. 12, 1999) (KY00–31) MS99–53 (Mar. 12, 1999) (MS00–53) GA99–51 (Mar. 12, 1999) (GA00–51) KY99–32 (Mar. 12, 1999) (KY00–32) MS99–54 (Mar. 12, 1999) (MS00–54) GA99–52 (Mar. 12, 1999) (GA00–52) KY99–33 (Mar. 12, 1999) (KY00–33) MS99–55 (Mar. 12, 1999) (MS00–55) GA99–53 (Mar. 12, 1999) (GA00–53) KY99–34 (Mar. 12, 1999) (KY00–34) MS99–56 (Mar. 12, 1999) (MS00–56) GA99–54 (Mar. 12, 1999) (GA00–54) KY99–35 (Mar. 12, 1999) (KY00–35) MS99–57 (Mar. 12, 1999) (MS00–57) GA99–55 (Mar. 12, 1999) (GA00–55) KY99–36 (Mar. 12, 1999) (KY00–36) MS99–58 (Mar. 12, 1999) (MS00–58) GA99–56 (Mar. 12, 1999) (GA00–56) KY99–37 (Mar. 12, 1999) (KY00–37) MS99–59 (Mar. 12, 1999) (MS00–59) GA99–57 (Mar. 12, 1999) (GA00–57) KY99–38 (Mar. 12, 1999) (KY00–38) MS99–60 (Mar. 12, 1999) (MS00–60) GA99–58 (Mar. 12, 1999) (GA00–58) KY99–39 (Mar. 12, 1999) (KY00–39) MS99–61 (Mar. 12, 1999) (MS00–61)

VerDate 272000 21:32 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7065

MS99–62 (Mar. 12, 1999) (MS00–62) SC99–20 (Mar. 12, 1999) (SC00–20) TN99–58 (Mar. 12, 1999) (TN00–58) North Carolina SC99–21 (Mar. 12, 1999) (SC00–21) TN99–59 (Mar. 12, 1999) (TN00–59) NC99–01 (Mar. 12, 1999) (NC00–01) SC99–22 (Mar. 12, 1999) (SC00–22) TN99–60 (Mar. 12, 1999) (TN00–60) NC99–02 (Mar. 12, 1999) (NC00–02) SC99–23 (Mar. 12, 1999) (SC00–23) TN99–61 (Mar. 12, 1999) (TN00–61) NC99–03 (Mar. 12, 1999) (NC00–03) SC99–24 (Mar. 12, 1999) (SC00–24) TN99–62 (Mar. 12, 1999) (TN00–62) NC99–04 (Mar. 12, 1999) (NC00–04) SC99–25 (Mar. 12, 1999) (SC00–25) TN99–63 (Mar. 12, 1999) (TN00–63) NC99–05 (Mar. 12, 1999) (NC00–05) SC99–26 (Mar. 12, 1999) (SC00–26) TN99–64 (Mar. 12, 1999) (TN00–64) NC99–06 (Mar. 12, 1999) (NC00–06) SC99–27 (Mar. 12, 1999) (SC00–27) TN99–65 (Mar. 12, 1999) (TN00–65) NC99–07 (Mar. 12, 1999) (NC00–07) SC99–28 (Mar. 12, 1999) (SC00–28) TN99–66 (Mar. 12, 1999) (TN00–66) NC99–08 (Mar. 12, 1999) (NC00–08) SC99–29 (Mar. 12, 1999) (SC00–29) NC99–09 (Mar. 12, 1999) (NC00–09) SC99–30 (Mar. 12, 1999) (SC00–30) Volume IV NC99–10 (Mar. 12, 1999) (NC00–10) SC99–31 (Mar. 12, 1999) (SC00–31) Illinois NC99–11 (Mar. 12, 1999) (NC00–11) SC99–32 (Mar. 12, 1999) (SC00–32) IL99–01 (Mar. 12, 1999) (IL00–01) NC99–12 (Mar. 12, 1999) (NC00–12) SC99–33 (Mar. 12, 1999) (SC00–33) IL99–02 (Mar. 12, 1999) (IL00–02) NC99–13 (Mar. 12, 1999) (NC00–13) SC99–34 (Mar. 12, 1999) (SC00–34) IL99–03 (Mar. 12, 1999) (IL00–03) NC99–14 (Mar. 12, 1999) (NC00–14) SC99–35 (Mar. 12, 1999) (SC00–35) IL99–04 (Mar. 12, 1999) (IL00–04) NC99–15 (Mar. 12, 1999) (NC00–15) SC99–36 (Mar. 12, 1999) (SC00–36) IL99–05 (Mar. 12, 1999) (IL00–05) NC99–16 (Mar. 12, 1999) (NC00–16) SC99–37 (Oct. 15, 1999) (SC00–37) IL99–06 (Mar. 12, 1999) (IL00–06) NC99–17 (Mar. 12, 1999) (NC00–17) Tennessee IL99–07 (Mar. 12, 1999) (IL00–07) NC99–18 (Mar. 12, 1999) (NC00–18) TN99–01 (Mar. 12, 1999) (TN00–01) IL99–08 (Mar. 12, 1999) (IL00–08) NC99–19 (Mar. 12, 1999) (NC00–19) TN99–02 (Mar. 12, 1999) (TN00–02) IL99–09 (Mar. 12, 1999) (IL00–09) NC99–20 (Mar. 12, 1999) (NC00–20) TN99–03 (Mar. 12, 1999) (TN00–03) IL99–10 (Mar. 12, 1999) (IL00–10) NC99–21 (Mar. 12, 1999) (NC00–21) TN99–04 (Mar. 12, 1999) (TN00–04) IL99–11 (Mar. 12, 1999) (IL00–11) NC99–22 (Mar. 12, 1999) (NC00–22) TN99–05 (Mar. 12, 1999) (TN00–05) IL99–12 (Mar. 12, 1999) (IL00–12) NC99–23 (Mar. 12, 1999) (NC00–23) TN99–06 (Mar. 12, 1999) (TN00–06) IL99–13 (Mar. 12, 1999) (IL00–13) NC99–24 (Mar. 12, 1999) (NC00–24) TN99–07 (Mar. 12, 1999) (TN00–07) IL99–14 (Mar. 12, 1999) (IL00–14) NC99–25 (Mar. 12, 1999) (NC00–25) TN99–08 (Mar. 12, 1999) (TN00–08) IL99–15 (Mar. 12, 1999) (IL00–15) NC99–26 (Mar. 12, 1999) (NC00–26) TN99–09 (Mar. 12, 1999) (TN00–09) IL99–16 (Mar. 12, 1999) (IL00–16) NC99–27 (Mar. 12, 1999) (NC00–27) TN99–10 (Mar. 12, 1999) (TN00–10) IL99–17 (Mar. 12, 1999) (IL00–17) NC99–28 (Mar. 12, 1999) (NC00–28) TN99–11 (Mar. 12, 1999) (TN00–11) IL99–18 (Mar. 12, 1999) (IL00–18) NC99–29 (Mar. 12, 1999) (NC00–29) TN99–12 (Mar. 12, 1999) (TN00–12) IL99–19 (Mar. 12, 1999) (IL00–19) NC99–30 (Mar. 12, 1999) (NC00–30) TN99–13 (Mar. 12, 1999) (TN00–13) IL99–20 (Mar. 12, 1999) (IL00–20) NC99–31 (Mar. 12, 1999) (NC00–31) TN99–14 (Mar. 12, 1999) (TN00–14) IL99–21 (Mar. 12, 1999) (IL00–21) NC99–32 (Mar. 12, 1999) (NC00–32) TN99–15 (Mar. 12, 1999) (TN00–15) IL99–22 (Mar. 12, 1999) (IL00–22) NC99–33 (Mar. 12, 1999) (NC00–33) TN99–16 (Mar. 12, 1999) (TN00–16) IL99–23 (Mar. 12, 1999) (IL00–23) NC99–34 (Mar. 12, 1999) (NC00–34) TN99–17 (Mar. 12, 1999) (TN00–17) IL99–24 (Mar. 12, 1999) (IL00–24) NC99–35 (Mar. 12, 1999) (NC00–35) TN99–18 (Mar. 12, 1999) (TN00–18) IL99–25 (Mar. 12, 1999) (IL00–25) NC99–36 (Mar. 12, 1999) (NC00–36) TN99–19 (Mar. 12, 1999) (TN00–19) IL99–26 (Mar. 12, 1999) (IL00–26) NC99–37 (Mar. 12, 1999) (NC00–37) TN99–20 (Mar. 12, 1999) (TN00–20) IL99–27 (Mar. 12, 1999) (IL00–27) NC99–38 (Mar. 12, 1999) (NC00–38) TN99–21 (Mar. 12, 1999) (TN00–21) IL99–28 (Mar. 12, 1999) (IL00–28) NC99–39 (Mar. 12, 1999) (NC00–39) TN99–22 (Mar. 12, 1999) (TN00–22) IL99–29 (Mar. 12, 1999) (IL00–29) NC99–40 (Mar. 12, 1999) (NC00–40) TN99–23 (Mar. 12, 1999) (TN00–23) IL99–30 (Mar. 12, 1999) (IL00–30) NC99–41 (Mar. 12, 1999) (NC00–41) TN99–24 (Mar. 12, 1999) (TN00–24) IL99–31 (Mar. 12, 1999) (IL00–31) NC99–42 (Mar. 12, 1999) (NC00–42) TN99–25 (Mar. 12, 1999) (TN00–25) IL99–32 (Mar. 12, 1999) (IL00–32) NC99–43 (Mar. 12, 1999) (NC00–43) TN99–26 (Mar. 12, 1999) (TN00–26) IL99–33 (Mar. 12, 1999) (IL00–33) NC99–44 (Mar. 12, 1999) (NC00–44) TN99–27 (Mar. 12, 1999) (TN00–27) IL99–34 (Mar. 12, 1999) (IL00–34) NC99–45 (Mar. 12, 1999) (NC00–45) TN99–28 (Mar. 12, 1999) (TN00–28) IL99–35 (Mar. 12, 1999) (IL00–35) NC99–46 (Mar. 12, 1999) (NC00–46) TN99–29 (Mar. 12, 1999) (TN00–29) IL99–36 (Mar. 12, 1999) (IL00–36) NC99–47 (Mar. 12, 1999) (NC00–47) TN99–30 (Mar. 12, 1999) (TN00–30) IL99–37 (Mar. 12, 1999) (IL00–37) NC99–48 (Mar. 12, 1999) (NC00–48) TN99–31 (Mar. 12, 1999) (TN00–31) IL99–38 (Mar. 12, 1999) (IL00–38) NC99–49 (Mar. 12, 1999) (NC00–49) TN99–32 (Mar. 12, 1999) (TN00–32) IL99–39 (Mar. 12, 1999) (IL00–39) NC99–50 (Mar. 12, 1999) (NC00–50) TN99–33 (Mar. 12, 1999) (TN00–33) IL99–40 (Mar. 12, 1999) (IL00–40) NC99–51 (Mar. 12, 1999) (NC00–51) TN99–34 (Mar. 12, 1999) (TN00–34) IL99–41 (Mar. 12, 1999) (IL00–41) NC99–52 (Mar. 12, 1999) (NC00–52) TN99–35 (Mar. 12, 1999) (TN00–35) IL99–42 (Mar. 12, 1999) (IL00–42) NC99–53 (Mar. 12, 1999) (NC00–53) TN99–36 (Mar. 12, 1999) (TN00–36) IL99–43 (Mar. 12, 1999) (IL00–43) NC99–54 (Mar. 12, 1999) (NC00–54) TN99–37 (Mar. 12, 1999) (TN00–37) IL99–44 (Mar. 12, 1999) (IL00–44) South Carolina TN99–38 (Mar. 12, 1999) (TN00–38) IL99–45 (Mar. 12, 1999) (IL00–45) SC99–01 (Mar. 12, 1999) (SC00–01) TN99–39 (Mar. 12, 1999) (TN00–39) IL99–46 (Mar. 12, 1999) (IL00–46) SC99–02 (Mar. 12, 1999) (SC00–02) TN99–40 (Mar. 12, 1999) (TN00–40) IL99–47 (Mar. 12, 1999) (IL00–47) SC99–03 (Mar. 12, 1999) (SC00–03) TN99–41 (Mar. 12, 1999) (TN00–41) IL99–48 (Mar. 12, 1999) (IL00–48) SC99–04 (Mar. 12, 1999) (SC00–04) TN99–42 (Mar. 12, 1999) (TN00–42) IL99–49 (Mar. 12, 1999) (IL00–49) SC99–05 (Mar. 12, 1999) (SC00–05) TN99–43 (Mar. 12, 1999) (TN00–43) IL99–50 (Mar. 12, 1999) (IL00–50) SC99–06 (Mar. 12, 1999) (SC00–06) TN99–44 (Mar. 12, 1999) (TN00–44) IL99–51 (Mar. 12, 1999) (IL00–51) SC99–07 (Mar. 12, 1999) (SC00–07) TN99–45 (Mar. 12, 1999) (TN00–45) IL99–52 (Mar. 12, 1999) (IL00–52) SC99–08 (Mar. 12, 1999) (SC00–08) TN99–46 (Mar. 12, 1999) (TN00–46) IL99–53 (Mar. 12, 1999) (IL00–53) SC99–09 (Mar. 12, 1999) (SC00–09) TN99–47 (Mar. 12, 1999) (TN00–47) IL99–54 (Mar. 12, 1999) (IL00–54) SC99–10 (Mar. 12, 1999) (SC00–10) TN99–48 (Mar. 12, 1999) (TN00–48) IL99–55 (Mar. 12, 1999) (IL00–55) SC99–11 (Mar. 12, 1999) (SC00–11) TN99–49 (Mar. 12, 1999) (TN00–49) IL99–56 (Mar. 12, 1999) (IL00–56) SC99–12 (Mar. 12, 1999) (SC00–12) TN99–50 (Mar. 12, 1999) (TN00–50) IL99–57 (Mar. 12, 1999) (IL00–57) SC99–13 (Mar. 12, 1999) (SC00–13) TN99–51 (Mar. 12, 1999) (TN00–51) IL99–58 (Mar. 12, 1999) (IL00–58) SC99–14 (Mar. 12, 1999) (SC00–14) TN99–52 (Mar. 12, 1999) (TN00–52) IL99–59 (Mar. 12, 1999) (IL00–59) SC99–15 (Mar. 12, 1999) (SC00–15) TN99–53 (Mar. 12, 1999) (TN00–53) IL99–60 (Mar. 12, 1999) (IL00–60) SC99–16 (Mar. 12, 1999) (SC00–16) TN99–54 (Mar. 12, 1999) (TN00–54) IL99–61 (Mar. 12, 1999) (IL00–61) SC99–17 (Mar. 12, 1999) (SC00–17) TN99–55 (Mar. 12, 1999) (TN00–55) IL99–62 (Mar. 12, 1999) (IL00–62) SC99–18 (Mar. 12, 1999) (SC00–18) TN99–56 (Mar. 12, 1999) (TN00–56) IL99–63 (Mar. 12, 1999) (IL00–63) SC99–19 (Mar. 12, 1999) (SC00–19) TN99–57 (Mar. 12, 1999) (TN00–57) IL99–64 (Mar. 12, 1999) (IL00–64)

VerDate 272000 21:32 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 7066 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices

IL99–65 (Mar. 12, 1999) (IL00–65) MI99–20 (Mar. 12, 1999) (MI00–20) MN99–07 (Mar. 12, 1999) (MN00–07) IL99–66 (Mar. 12, 1999) (IL00–66) MI99–21 (Mar. 12, 1999) (MI00–21) MN99–08 (Mar. 12, 1999) (MN00–08) IL99–67 (Mar. 12, 1999) (IL00–67) MI99–22 (Mar. 12, 1999) (MI00–22) MN99–09 (Mar. 12, 1999) (MN00–09) IL99–68 (Mar. 12, 1999) (IL00–68) MI99–23 (Mar. 12, 1999) (MI00–23) MN99–10 (Mar. 12, 1999) (MN00–10) IL99–69 (Mar. 12, 1999) (IL00–69) MI99–24 (Mar. 12, 1999) (MI00–24) MN99–11 (Mar. 12, 1999) (MN00–11) IL99–70 (Mar. 12, 1999) (IL00–70) MI99–25 (Mar. 12, 1999) (MI00–25) MN99–12 (Mar. 12, 1999) (MN00–12) Indiana MI99–26 (Mar. 12, 1999) (MI00–26) MN99–13 (Mar. 12, 1999) (MN00–13) IN99–01 (Mar. 12, 1999) (IN00–01) MI99–27 (Mar. 12, 1999) (MI00–27) MN99–14 (Mar. 12, 1999) (MN00–14) IN99–02 (Mar. 12, 1999) (IN00–02) MI99–28 (Mar. 12, 1999) (MI00–28) MN99–15 (Mar. 12, 1999) (MN00–15) IN99–03 (Mar. 12, 1999) (IN00–03) MI99–29 (Mar. 12, 1999) (MI00–29) MN99–16 (Mar. 12, 1999) (MN00–16) IN99–04 (Mar. 12, 1999) (IN00–04) MI99–30 (Mar. 12, 1999) (MI00–30) MN99–17 (Mar. 12, 1999) (MN00–17) IN99–05 (Mar. 12, 1999) (IN00–05) MI99–31 (Mar. 12, 1999) (MI00–31) MN99–18 (Mar. 12, 1999) (MN00–18) IN99–06 (Mar. 12, 1999) (IN00–06) MI99–32 (Mar. 12, 1999) (MI00–32) MN99–19 (Mar. 12, 1999) (MN00–19) IN99–07 (Mar. 12, 1999) (IN00–07) MI99–33 (Mar. 12, 1999) (MI00–33) MN99–20 (Mar. 12, 1999) (MN00–20) IN99–08 (Mar. 12, 1999) (IN00–08) MI99–34 (Mar. 12, 1999) (MI00–34) MN99–21 (Mar. 12, 1999) (MN00–21) IN99–09 (Mar. 12, 1999) (IN00–09) MI99–35 (Mar. 12, 1999) (MI00–35) MN99–22 (Mar. 12, 1999) (MN00–22) IN99–10 (Mar. 12, 1999) (IN00–10) MI99–36 (Mar. 12, 1999) (MI00–36) MN99–23 (Mar. 12, 1999) (MN00–23) IN99–11 (Mar. 12, 1999) (IN00–11) MI99–37 (Mar. 12, 1999) (MI00–37) MN99–24 (Mar. 12, 1999) (MN00–24) IN99–12 (Mar. 12, 1999) (IN00–12) MI99–38 (Mar. 12, 1999) (MI00–38) MN99–25 (Mar. 12, 1999) (MN00–25) IN99–13 (Mar. 12, 1999) (IN00–13) MI99–39 (Mar. 12, 1999) (MI00–39) MN99–26 (Mar. 12, 1999) (MN00–26) IN99–14 (Mar. 12, 1999) (IN00–14) MI99–40 (Mar. 12, 1999) (MI00–40) MN99–27 (Mar. 12, 1999) (MN00–27) IN99–15 (Mar. 12, 1999) (IN00–15) MI99–41 (Mar. 12, 1999) (MI00–41) MN99–28 (Mar. 12, 1999) (MN00–28) IN99–16 (Mar. 12, 1999) (IN00–16) MI99–42 (Mar. 12, 1999) (MI00–42) MN99–29 (Mar. 12, 1999) (MN00–29) IN99–17 (Mar. 12, 1999) (IN00–17) MI99–43 (Mar. 12, 1999) (MI00–43) MN99–30 (Mar. 12, 1999) (MN00–30) IN99–18 (Mar. 12, 1999) (IN00–18) MI99–44 (Mar. 12, 1999) (MI00–44) MN99–31 (Mar. 12, 1999) (MN00–31) IN99–19 (Mar. 12, 1999) (IN00–19) MI99–45 (Mar. 12, 1999) (MI00–45) MN99–32 (Mar. 12, 1999) (MN00–32) IN99–20 (Mar. 12, 1999) (IN00–20) MI99–46 (Mar. 12, 1999) (MI00–46) MN99–33 (Mar. 12, 1999) (MN00–33) IN99–21 (Mar. 12, 1999) (IN00–21) MI99–47 (Mar. 12, 1999) (MI00–47) MN99–34 (Mar. 12, 1999) (MN00–34) IN99–22 (Mar. 12, 1999) (IN00–22) MI99–48 (Mar. 12, 1999) (MI00–48) MN99–35 (Mar. 12, 1999) (MN00–35) IN99–23 (Mar. 12, 1999) (IN00–23) MI99–49 (Mar. 12, 1999) (MI00–49) MN99–36 (Mar. 12, 1999) (MN00–36) IN99–24 (Mar. 12, 1999) (IN00–24) MI99–50 (Mar. 12, 1999) (MI00–50) MN99–37 (Mar. 12, 1999) (MN00–37) IN99–25 (Mar. 12, 1999) (IN00–25) MI99–51 (Mar. 12, 1999) (MI00–51) MN99–38 (Mar. 12, 1999) (MN00–38) IN99–26 (Mar. 12, 1999) (IN00–26) MI99–52 (Mar. 12, 1999) (MI00–52) MN99–39 (Mar. 12, 1999) (MN00–39) IN99–27 (Mar. 12, 1999) (IN00–27) MI99–53 (Mar. 12, 1999) (MI00–53) MN99–40 (Mar. 12, 1999) (MN00–40) IN99–28 (Mar. 12, 1999) (IN00–28) MI99–54 (Mar. 12, 1999) (MI00–54) MN99–41 (Mar. 12, 1999) (MN00–41) IN99–29 (Mar. 12, 1999) (IN00–29) MI99–55 (Mar. 12, 1999) (MI00–55) MN99–42 (Mar. 12, 1999) (MN00–42) IN99–30 (Mar. 12, 1999) (IN00–30) MI99–56 (Mar. 12, 1999) (MI00–56) MN99–43 (Mar. 12, 1999) (MN00–43) IN99–31 (Mar. 12, 1999) (IN00–31) MI99–57 (Mar. 12, 1999) (MI00–57) MN99–44 (Mar. 12, 1999) (MN00–44) IN99–32 (Mar. 12, 1999) (IN00–32) MI99–58 (Mar. 12, 1999) (MI00–58) MN99–45 (Mar. 12, 1999) (MN00–45) IN99–33 (Mar. 12, 1999) (IN00–33) MI99–59 (Mar. 12, 1999) (MI00–59) MN99–46 (Mar. 12, 1999) (MN00–46) IN99–34 (Mar. 12, 1999) (IN00–34) MI99–60 (Mar. 12, 1999) (MI00–60) MN99–47 (Mar. 12, 1999) (MN00–47) IN99–35 (Mar. 12, 1999) (IN00–35) MI99–61 (Mar. 12, 1999) (MI00–61) MN99–48 (Mar. 12, 1999) (MN00–48) IN99–36 (Mar. 12, 1999) (IN00–36) MI99–62 (Mar. 12, 1999) (MI00–62) MN99–49 (Mar. 12, 1999) (MN00–49) IN99–37 (Mar. 12, 1999) (IN00–37) MI99–63 (Mar. 12, 1999) (MI00–63) MN99–50 (Mar. 12, 1999) (MN00–50) IN99–38 (Mar. 12, 1999) (IN00–38) MI99–64 (Mar. 12, 1999) (MI00–64) MN99–51 (Mar. 12, 1999) (MN00–51) IN99–39 (Mar. 12, 1999) (IN00–39) MI99–65 (Mar. 12, 1999) (MI00–65) MN99–52 (Mar. 12, 1999) (MN00–52) IN99–40 (Mar. 12, 1999) (IN00–40) MI99–66 (Mar. 12, 1999) (MI00–66) MN99–53 (Mar. 12, 1999) (MN00–53) IN99–41 (Mar. 12, 1999) (IN00–41) MI99–67 (Mar. 12, 1999) (MI00–67) MN99–54 (Mar. 12, 1999) (MN00–54) IN99–42 (Mar. 12, 1999) (IN00–42) MI99–68 (Mar. 12, 1999) (MI00–68) MN99–55 (Mar. 12, 1999) (MN00–55) IN99–43 (Mar. 12, 1999) (IN00–43) MI99–69 (Mar. 12, 1999) (MI00–69) MN99–56 (Mar. 12, 1999) (MN00–56) IN99–44 (Mar. 12, 1999) (IN00–44) MI99–70 (Mar. 12, 1999) (MI00–70) MN99–57 (Mar. 12, 1999) (MN00–57) IN99–45 (Mar. 12, 1999) (IN00–45) MI99–71 (Mar. 12, 1999) (MI00–71) MN99–58 (Mar. 12, 1999) (MN00–58) IN99–46 (Mar. 12, 1999) (IN00–46) MI99–72 (Mar. 12, 1999) (MI00–72) MN99–59 (Mar. 12, 1999) (MN00–59) IN99–47 (Mar. 12, 1999) (IN00–47) MI99–73 (Mar. 12, 1999) (MI00–73) MN99–60 (Mar. 12, 1999) (MN00–60) IN99–48 (Mar. 12, 1999) (IN00–48) MI99–74 (Mar. 12, 1999) (MI00–74) MN99–61 (Mar. 12, 1999) (MN00–61) IN99–49 (Mar. 12, 1999) (IN00–49) MI99–75 (Mar. 12, 1999) (MI00–75) MN99–62 (Mar. 12, 1999) (MN00–62) Michigan MI99–76 (Mar. 12, 1999) (MI00–76) Ohio MI99–01 (Mar. 12, 1999) (MI00–01) MI99–77 (Mar. 12, 1999) (MI00–77) OH99–01 (Mar. 12, 1999) (OH00–01) MI99–02 (Mar. 12, 1999) (MI00–02) MI99–78 (Mar. 12, 1999) (MI00–78) OH99–02 (Mar. 12, 1999) (OH00–02) MI99–03 (Mar. 12, 1999) (MI00–03) MI99–79 (Mar. 12, 1999) (MI00–79) OH99–03 (Mar. 12, 1999) (OH00–03) MI99–04 (Mar. 12, 1999) (MI00–04) MI99–80 (Mar. 12, 1999) (MI00–80) OH99–04 (Mar. 12, 1999) (OH00–04) MI99–05 (Mar. 12, 1999) (MI00–05) MI99–81 (Mar. 12, 1999) (MI00–81) OH99–05 (Mar. 12, 1999) (OH00–05) MI99–06 (Mar. 12, 1999) (MI00–06) MI99–82 (Mar. 12, 1999) (MI00–82) OH99–06 (Mar. 12, 1999) (OH00–06) MI99–07 (Mar. 12, 1999) (MI00–07) MI99–83 (Mar. 12, 1999) (MI00–83) OH99–07 (Mar. 12, 1999) (OH00–07) MI99–08 (Mar. 12, 1999) (MI00–08) MI99–84 (Mar. 12, 1999) (MI00–84) OH99–08 (Mar. 12, 1999) (OH00–08) MI99–09 (Mar. 12, 1999) (MI00–09) MI99–85 (Mar. 12, 1999) (MI00–85) OH99–09 (Mar. 12, 1999) (OH00–09) MI99–10 (Mar. 12, 1999) (MI00–10) MI99–86 (Mar. 12, 1999) (MI00–86) OH99–10 (Mar. 12, 1999) (OH00–10) MI99–11 (Mar. 12, 1999) (MI00–11) MI99–87 (Mar. 12, 1999) (MI00–87) OH99–11 (Mar. 12, 1999) (OH00–11) MI99–12 (Mar. 12, 1999) (MI00–12) MI99–88 (Mar. 12, 1999) (MI00–88) OH99–12 (Mar. 12, 1999) (OH00–12) MI99–13 (Mar. 12, 1999) (MI00–13) Minnesota OH99–13 (Mar. 12, 1999) (OH00–13) MI99–14 (Mar. 12, 1999) (MI00–14) MN99–01 (Mar. 12, 1999) (MN00–01) OH99–14 (Mar. 12, 1999) (OH00–14) MI99–15 (Mar. 12, 1999) (MI00–15) MN99–02 (Mar. 12, 1999) (MN00–02) OH99–15 (Mar. 12, 1999) (OH00–15) MI99–16 (Mar. 12, 1999) (MI00–16) MN99–03 (Mar. 12, 1999) (MN00–03) OH99–16 (Mar. 12, 1999) (OH00–16) MI99–17 (Mar. 12, 1999) (MI00–17) MN99–04 (Mar. 12, 1999) (MN00–04) OH99–17 (Mar. 12, 1999) (OH00–17) MI99–18 (Mar. 12, 1999) (MI00–18) MN99–05 (Mar. 12, 1999) (MN00–05) OH99–18 (Mar. 12, 1999) (OH00–18) MI99–19 (Mar. 12, 1999) (MI00–19) MN99–06 (Mar. 12, 1999) (MN00–06) OH99–19 (Mar. 12, 1999) (OH00–19)

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OH99–20 (Mar. 12, 1999) (OH00–20) WI99–59 (Mar. 12, 1999) (WI00–59) IA99–15 (Mar. 12, 1999) (IA00–15) OH99–21 (Mar. 12, 1999) (OH00–21) WI99–60 (Mar. 12, 1999) (WI00–60) IA99–16 (Mar. 12, 1999) (IA00–16) OH99–22 (Mar. 12, 1999) (OH00–21) WI99–61 (Mar. 12, 1999) (WI00–61) IA99–17 (Mar. 12, 1999) (IA00–17) OH99–23 (Mar. 12, 1999) (OH00–23) WI99–62 (Mar. 12, 1999) (WI00–62) IA99–18 (Mar. 12, 1999) (IA00–18) OH99–24 (Mar. 12, 1999) (OH00–24) WI99–63 (Mar. 12, 1999) (WI00–63) IA99–19 (Mar. 12, 1999) (IA00–19) OH99–25 (Mar. 12, 1999) (OH00–25) WI99–64 (Mar. 12, 1999) (WI00–64) IA99–20 (Mar. 12, 1999) (IA00–20) OH99–26 (Mar. 12, 1999) (OH00–26) WI99–65 (Mar. 12, 1999) (WI00–65) IA99–21 (Mar. 12, 1999) (IA00–21) OH99–27 (Mar. 12, 1999) (OH00–27) WI99–66 (Mar. 12, 1999) (WI00–66) IA99–22 (Mar. 12, 1999) (IA00–22) OH99–28 (Mar. 12, 1999) (OH00–28) WI99–67 (Mar. 12, 1999) (WI00–67) IA99–23 (Mar. 12, 1999) (IA00–23) OH99–29 (Mar. 12, 1999) (OH00–29) WI99–68 (Mar. 12, 1999) (WI00–68) IA99–24 (Mar. 12, 1999) (IA00–24) OH99–30 (Mar. 12, 1999) (OH00–30) WI99–69 (Mar. 12, 1999) (WI00–69) IA99–25 (Mar. 12, 1999) (IA00–25) OH99–31 (Mar. 12, 1999) (OH00–31) IA99–26 (Mar. 12, 1999) (IA00–26) OH99–32 (Mar. 12, 1999) (OH00–32) Volume V IA99–27 (Mar. 12, 1999) (IA00–27) OH99–33 (Mar. 12, 1999) (OH00–33) Arkansas IA99–28 (Mar. 12, 1999) (IA00–28) OH99–34 (Mar. 12, 1999) (OH00–34) AR99–01 (Mar. 12, 1999) (AR00–01) IA99–29 (Mar. 12, 1999) (IA00–29) OH99–35 (Mar. 12, 1999) (OH00–35) AR99–02 (Mar. 12, 1999) (AR00–02) IA99–30 (Mar. 12, 1999) (IA00–30) OH99–36 (Mar. 12, 1999) (OH00–36) AR99–03 (Mar. 12, 1999) (AR00–03) IA99–31 (Mar. 12, 1999) (IA00–31) Wisconsin AR99–04 (Mar. 12, 1999) (AR00–04) IA99–32 (Mar. 12, 1999) (IA00–32) WI99–01 (Mar. 12, 1999) (WI00–01) AR99–05 (Mar. 12, 1999) (AR00–05) IA99–33 (Mar. 12, 1999) (IA00–33) WI99–02 (Mar. 12, 1999) (WI00–02) AR99–06 (Mar. 12, 1999) (AR00–06) IA99–34 (Mar. 12, 1999) (IA00–34) WI99–03 (Mar. 12, 1999) (WI00–03) AR99–07 (Mar. 12, 1999) (AR00–07) IA99–35 (Mar. 12, 1999) (IA00–35) WI99–04 (Mar. 12, 1999) (WI00–04) AR99–08 (Mar. 12, 1999) (AR00–08) IA99–36 (Mar. 12, 1999) (IA00–36) WI99–05 (Mar. 12, 1999) (WI00–05) AR99–09 (Mar. 12, 1999) (AR00–09) IA99–37 (Mar. 12, 1999) (IA00–37) WI99–06 (Mar. 12, 1999) (WI00–06) AR99–10 (Mar. 12, 1999) (AR00–10) IA99–38 (Mar. 12, 1999) (IA00–38) WI99–07 (Mar. 12, 1999) (WI00–07) AR99–11 (Mar. 12, 1999) (AR00–11) IA99–39 (Mar. 12, 1999) (IA00–39) WI99–08 (Mar. 12, 1999) (WI00–08) AR99–12 (Mar. 12, 1999) (AR00–12) IA99–40 (Mar. 12, 1999) (IA00–40) WI99–09 (Mar. 12, 1999) (WI00–09) AR99–13 (Mar. 12, 1999) (AR00–13) IA99–41 (Mar. 12, 1999) (IA00–41) WI99–10 (Mar. 12, 1999) (WI00–10) AR99–14 (Mar. 12, 1999) (AR00–14) IA99–42 (Mar. 12, 1999) (IA00–42) WI99–11 (Mar. 12, 1999) (WI00–11) AR99–15 (Mar. 12, 1999) (AR00–15) IA99–43 (Mar. 12, 1999) (IA00–43) WI99–12 (Mar. 12, 1999) (WI00–12) AR99–16 (Mar. 12, 1999) (AR00–16) IA99–44 (Mar. 12, 1999) (IA00–44) WI99–13 (Mar. 12, 1999) (WI00–13) AR99–17 (Mar. 12, 1999) (AR00–17) IA99–45 (Mar. 12, 1999) (IA00–45) WI99–14 (Mar. 12, 1999) (WI00–14) AR99–18 (Mar. 12, 1999) (AR00–18) IA99–46 (Mar. 12, 1999) (IA00–46) WI99–15 (Mar. 12, 1999) (WI00–15) AR99–19 (Mar. 12, 1999) (AR00–19) IA99–47 (Mar. 12, 1999) (IA00–47) WI99–16 (Mar. 12, 1999) (WI00–16) AR99–20 (Mar. 12, 1999) (AR00–20) IA99–48 (Mar. 12, 1999) (IA00–48) WI99–17 (Mar. 12, 1999) (WI00–17) AR99–21 (Mar. 12, 1999) (AR00–21) IA99–49 (Mar. 12, 1999) (IA00–49) WI99–18 (Mar. 12, 1999) (WI00–18) AR99–22 (Mar. 12, 1999) (AR00–22) IA99–50 (Mar. 12, 1999) (IA00–50) WI99–19 (Mar. 12, 1999) (WI00–19) AR99–23 (Mar. 12, 1999) (AR00–23) IA99–51 (Mar. 12, 1999) (IA00–51) WI99–20 (Mar. 12, 1999) (WI00–20) AR99–24 (Mar. 12, 1999) (AR00–24) IA99–52 (Mar. 12, 1999) (IA00–52) WI99–21 (Mar. 12, 1999) (WI00–21) AR99–25 (Mar. 12, 1999) (AR00–25) IA99–53 (Mar. 12, 1999) (IA00–53) WI99–22 (Mar. 12, 1999) (WI00–22) AR99–26 (Mar. 12, 1999) (AR00–26) IA99–54 (Mar. 12, 1999) (IA00–54) WI99–23 (Mar. 12, 1999) (WI00–23) AR99–27 (Mar. 12, 1999) (AR00–27) IA99–55 (Mar. 12, 1999) (IA00–55) WI99–24 (Mar. 12, 1999) (WI00–24) AR99–28 (Mar. 12, 1999) (AR00–28) IA99–56 (Mar. 12, 1999) (IA00–56) WI99–25 (Mar. 12, 1999) (WI00–25) AR99–29 (Mar. 12, 1999) (AR00–29) IA99–57 (Mar. 12, 1999) (IA00–57) WI99–26 (Mar. 12, 1999) (WI00–26) AR99–30 (Mar. 12, 1999) (AR00–30) IA99–58 (Mar. 12, 1999) (IA00–58) WI99–27 (Mar. 12, 1999) (WI00–27) AR99–31 (Mar. 12, 1999) (AR00–31) IA99–59 (Mar. 12, 1999) (IA00–59) WI99–28 (Mar. 12, 1999) (WI00–28) AR99–32 (Mar. 12, 1999) (AR00–32) IA99–60 (Mar. 12, 1999) (IA00–60) WI99–29 (Mar. 12, 1999) (WI00–29) AR99–33 (Mar. 12, 1999) (AR00–33) IA99–61 (Mar. 12, 1999) (IA00–61) WI99–30 (Mar. 12, 1999) (WI00–30) AR99–34 (Mar. 12, 1999) (AR00–34) IA99–62 (Mar. 12, 1999) (IA00–62) WI99–31 (Mar. 12, 1999) (WI00–31) AR99–35 (Mar. 12, 1999) (AR00–35) IA99–63 (Mar. 12, 1999) (IA00–63) WI99–32 (Mar. 12, 1999) (WI00–32) AR99–36 (Mar. 12, 1999) (AR00–36) IA99–64 (Mar. 12, 1999) (IA00–64) WI99–33 (Mar. 12, 1999) (WI00–33) AR99–37 (Mar. 12, 1999) (AR00–37) IA99–65 (Mar. 12, 1999) (IA00–65) WI99–34 (Mar. 12, 1999) (WI00–34) AR99–38 (Mar. 12, 1999) (AR00–38) IA99–66 (Mar. 12, 1999) (IA00–66) WI99–35 (Mar. 12, 1999) (WI00–35) AR99–39 (Mar. 12, 1999) (AR00–39) IA99–67 (Mar. 12, 1999) (IA00–67) WI99–36 (Mar. 12, 1999) (WI00–36) AR99–40 (Mar. 12, 1999) (AR00–40) IA99–68 (Mar. 12, 1999) (IA00–68) WI99–37 (Mar. 12, 1999) (WI00–37) AR99–41 (Mar. 12, 1999) (AR00–41) IA99–69 (Mar. 12, 1999) (IA00–69) WI99–38 (Mar. 12, 1999) (WI00–38) AR99–42 (Mar. 12, 1999) (AR00–42) IA99–70 (Mar. 12, 1999) (IA00–70) WI99–39 (Mar. 12, 1999) (WI00–39) AR99–43 (Mar. 12, 1999) (AR00–43) IA99–71 (Mar. 12, 1999) (IA00–71) WI99–40 (Mar. 12, 1999) (WI00–40) AR99–44 (Mar. 12, 1999) (AR00–44) IA99–72 (Mar. 12, 1999) (IA00–72) WI99–41 (Mar. 12, 1999) (WI00–41) AR99–45 (Mar. 12, 1999) (AR00–45) IA99–73 (Mar. 12, 1999) (IA00–73) WI99–42 (Mar. 12, 1999) (WI00–42) AR99–46 (Mar. 12, 1999) (AR00–46) IA99–74 (Mar. 12, 1999) (IA00–74) WI99–43 (Mar. 12, 1999) (WI00–43) AR99–47 (Mar. 12, 1999) (AR00–47) IA99–75 (Mar. 12, 1999) (IA00–75) WI99–44 (Mar. 12, 1999) (WI00–44) Iowa IA99–76 (Mar. 12, 1999) (IA00–76) WI99–45 (Mar. 12, 1999) (WI00–45) IA99–01 (Mar. 12, 1999) (IA00–01) IA99–77 (Mar. 12, 1999) (IA00–77) WI99–46 (Mar. 12, 1999) (WI00–46) IA99–02 (Mar. 12, 1999) (IA00–02) IA99–78 (Mar. 12, 1999) (IA00–78) WI99–47 (Mar. 12, 1999) (WI00–47) IA99–03 (Mar. 12, 1999) (IA00–03) IA99–79 (Mar. 12, 1999) (IA00–79) WI99–48 (Mar. 12, 1999) (WI00–48) IA99–04 (Mar. 12, 1999) (IA00–04) IA99–80 (Mar. 12, 1999) (IA00–80) WI99–49 (Mar. 12, 1999) (WI00–49) IA99–05 (Mar. 12, 1999) (IA00–05) Kansas WI99–50 (Mar. 12, 1999) (WI00–50) IA99–06 (Mar. 12, 1999) (IA00–06) KS99–01 (Mar. 12, 1999) (KS00–01) WI99–51 (Mar. 12, 1999) (WI00–51) IA99–07 (Mar. 12, 1999) (IA00–07) KS99–02 (Mar. 12, 1999) (KS00–02) WI99–52 (Mar. 12, 1999) (WI00–52) IA99–08 (Mar. 12, 1999) (IA00–08) KS99–03 (Mar. 12, 1999) (KS00–03) WI99–53 (Mar. 12, 1999) (WI00–53) IA99–09 (Mar. 12, 1999) (IA00–09) KS99–04 (Mar. 12, 1999) (KS00–04) WI99–54 (Mar. 12, 1999) (WI00–54) IA99–10 (Mar. 12, 1999) (IA00–10) KS99–05 (Mar. 12, 1999) (KS00–05) WI99–55 (Mar. 12, 1999) (WI00–55) IA99–11 (Mar. 12, 1999) (IA00–11) KS99–06 (Mar. 12, 1999) (KS00–06) WI99–56 (Mar. 12, 1999) (WI00–56) IA99–12 (Mar. 12, 1999) (IA00–12) KS99–07 (Mar. 12, 1999) (KS00–07) WI99–57 (Mar. 12, 1999) (WI00–57) IA99–13 (Mar. 12, 1999) (IA00–13) KS99–08 (Mar. 12, 1999) (KS00–08) WI99–58 (Mar. 12, 1999) (WI00–58) IA99–14 (Mar. 12, 1999) (IA00–14) KS99–09 (Mar. 12, 1999) (KS00–09)

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KS99–10 (Mar. 12, 1999) (KS00–10) LA99–15 (Mar. 12, 1999) (LA00–15) MO99–36 (Mar. 12, 1999) (MO00–36) KS99–11 (Mar. 12, 1999) (KS00–11) LA99–16 (Mar. 12, 1999) (LA00–16) MO99–37 (Mar. 12, 1999) (MO00–37) KS99–12 (Mar. 12, 1999) (KS00–12) LA99–17 (Mar. 12, 1999) (LA00–17) MO99–38 (Mar. 12, 1999) (MO00–38) KS99–13 (Mar. 12, 1999) (KS00–13) LA99–18 (Mar. 12, 1999) (LA00–18) MO99–39 (Mar. 12, 1999) (MO00–39) KS99–14 (Mar. 12, 1999) (KS00–14) LA99–19 (Mar. 12, 1999) (LA00–19) MO99–40 (Mar. 12, 1999) (MO00–40) KS99–15 (Mar. 12, 1999) (KS00–15) LA99–20 (Mar. 12, 1999) (LA00–20) MO99–41 (Mar. 12, 1999) (MO00–41) KS99–16 (Mar. 12, 1999) (KS00–16) LA99–21 (Mar. 12, 1999) (LA00–21) MO99–42 (Mar. 12, 1999) (MO00–42) KS99–17 (Mar. 12, 1999) (KS00–17) LA99–22 (Mar. 12, 1999) (LA00–22) MO99–43 (Mar. 12, 1999) (MO00–43) KS99–18 (Mar. 12, 1999) (KS00–18) LA99–23 (Mar. 12, 1999) (LA00–23) MO99–44 (Mar. 12, 1999) (MO00–44) KS99–19 (Mar. 12, 1999) (KS00–19) LA99–24 (Mar. 12, 1999) (LA00–24) MO99–45 (Mar. 12, 1999) (MO00–45) KS99–20 (Mar. 12, 1999) (KS00–20) LA99–25 (Mar. 12, 1999) (LA00–25) MO99–46 (Mar. 12, 1999) (MO00–46) KS99–21 (Mar. 12, 1999) (KS00–21) LA99–26 (Mar. 12, 1999) (LA00–26) MO99–47 (Mar. 12, 1999) (MO00–47) KS99–22 (Mar. 12, 1999) (KS00–22) LA99–27 (Mar. 12, 1999) (LA00–27) MO99–48 (Mar. 12, 1999) (MO00–48) KS99–23 (Mar. 12, 1999) (KS00–23) LA99–28 (Mar. 12, 1999) (LA00–28) MO99–49 (Mar. 12, 1999) (MO00–49) KS99–24 (Mar. 12, 1999) (KS00–24) LA99–29 (Mar. 12, 1999) (LA00–29) MO99–50 (Mar. 12, 1999) (MO00–50) KS99–25 (Mar. 12, 1999) (KS00–25) LA99–30 (Mar. 12, 1999) (LA00–30) MO99–51 (Mar. 12, 1999) (MO00–51) KS99–26 (Mar. 12, 1999) (KS00–26) LA99–31 (Mar. 12, 1999) (LA00–31) MO99–52 (Mar. 12, 1999) (MO00–52) KS99–27 (Mar. 12, 1999) (KS00–27) LA99–32 (Mar. 12, 1999) (LA00–32) MO99–53 (Mar. 12, 1999) (MO00–53) KS99–28 (Mar. 12, 1999) (KS00–28) LA99–33 (Mar. 12, 1999) (LA00–33) MO99–54 (Mar. 12, 1999) (MO00–54) KS99–29 (Mar. 12, 1999) (KS00–29) LA99–34 (Mar. 12, 1999) (LA00–34) MO99–55 (Mar. 12, 1999) (MO00–55) KS99–30 (Mar. 12, 1999) (KS00–30) LA99–35 (Mar. 12, 1999) (LA00–35) MO99–56 (Mar. 12, 1999) (MO00–56) KS99–31 (Mar. 12, 1999) (KS00–31) LA99–36 (Mar. 12, 1999) (LA00–36) MO99–57 (Mar. 12, 1999) (MO00–57) KS99–32 (Mar. 12, 1999) (KS00–32) LA99–37 (Mar. 12, 1999) (LA00–37) MO99–58 (Mar. 12, 1999) (MO00–58) KS99–33 (Mar. 12, 1999) (KS00–33) LA99–38 (Mar. 12, 1999) (LA00–38) MO99–59 (Mar. 12, 1999) (MO00–59) KS99–34 (Mar. 12, 1999) (KS00–34) LA99–39 (Mar. 12, 1999) (LA00–39) MO99–60 (Mar. 12, 1999) (MO00–60) KS99–35 (Mar. 12, 1999) (KS00–35) LA99–40 (Mar. 12, 1999) (LA00–40) MO99–61 (Mar. 12, 1999) (MO00–61) KS99–36 (Mar. 12, 1999) (KS00–36) LA99–41 (Mar. 12, 1999) (LA00–41) MO99–62 (Mar. 12, 1999) (MO00–62) KS99–37 (Mar. 12, 1999) (KS00–37) LA99–42 (Mar. 12, 1999) (LA00–42) MO99–63 (Mar. 12, 1999) (MO00–63) KS99–38 (Mar. 12, 1999) (KS00–38) LA99–43 (Mar. 12, 1999) (LA00–43) MO99–64 (Mar. 12, 1999) (MO00–64) KS99–39 (Mar. 12, 1999) (KS00–39) LA99–44 (Mar. 12, 1999) (LA00–44) MO99–65 (Mar. 12, 1999) (MO00–65) KS99–40 (Mar. 12, 1999) (KS00–40) LA99–45 (Mar. 12, 1999) (LA00–45) MO99–66 (Mar. 12, 1999) (MO00–66) KS99–41 (Mar. 12, 1999) (KS00–41) LA99–46 (Mar. 12, 1999) (LA00–46) Nebraska KS99–42 (Mar. 12, 1999) (KS00–42) LA99–47 (Mar. 12, 1999) (LA00–47) NE99–01 (Mar. 12, 1999) (NE00–01) KS99–43 (Mar. 12, 1999) (KS00–43) LA99–48 (Mar. 12, 1999) (LA00–48) NE99–02 (Mar. 12, 1999) (NE00–02) KS99–44 (Mar. 12, 1999) (KS00–44) LA99–49 (Mar. 12, 1999) (LA00–49) NE99–03 (Mar. 12, 1999) (NE00–03) KS99–45 (Mar. 12, 1999) (KS00–45) LA99–50 (Mar. 12, 1999) (LA00–50) NE99–04 (Mar. 12, 1999) (NE00–04) KS99–46 (Mar. 12, 1999) (KS00–46) LA99–51 (Mar. 12, 1999) (LA00–51) NE99–05 (Mar. 12, 1999) (NE00–05) KS99–47 (Mar. 12, 1999) (KS00–47) LA99–52 (Mar. 12, 1999) (LA00–52) NE99–06 (Mar. 12, 1999) (NE00–06) KS99–48 (Mar. 12, 1999) (KS00–48) LA99–53 (Mar. 12, 1999) (LA00–53) NE99–07 (Mar. 12, 1999) (NE00–07) KS99–49 (Mar. 12, 1999) (KS00–49) LA99–54 (Mar. 12, 1999) (LA00–54) NE99–08 (Mar. 12, 1999) (NE00–08) KS99–50 (Mar. 12, 1999) (KS00–50) Missouri NE99–09 (Mar. 12, 1999) (NE00–09) KS99–51 (Mar. 12, 1999) (KS00–51) MO99–01 (Mar. 12, 1999) (MO00–01) NE99–10 (Mar. 12, 1999) (NE00–10) KS99–52 (Mar. 12, 1999) (KS00–52) MO99–02 (Mar. 12, 1999) (MO00–02) NE99–11 (Mar. 12, 1999) (NE00–11) KS99–53 (Mar. 12, 1999) (KS00–53) MO99–03 (Mar. 12, 1999) (MO00–03) NE99–12 (Mar. 12, 1999) (NE00–12) KS99–54 (Mar. 12, 1999) (KS00–54) MO99–04 (Mar. 12, 1999) (MO00–04) NE99–13 (Mar. 12, 1999) (NE00–13) KS99–55 (Mar. 12, 1999) (KS00–55) MO99–05 (Mar. 12, 1999) (MO00–05) NE99–14 (Mar. 12, 1999) (NE00–14) KS99–56 (Mar. 12, 1999) (KS00–56) MO99–06 (Mar. 12, 1999) (MO00–06) NE99–15 (Mar. 12, 1999) (NE00–15) KS99–57 (Mar. 12, 1999) (KS00–57) MO99–07 (Mar. 12, 1999) (MO00–07) NE99–16 (Mar. 12, 1999) (NE00–16) KS99–58 (Mar. 12, 1999) (KS00–58) MO99–08 (Mar. 12, 1999) (MO00–08) NE99–17 (Mar. 12, 1999) (NE00–17) KS99–59 (Mar. 12, 1999) (KS00–59) MO99–09 (Mar. 12, 1999) (MO00–09) NE99–18 (Mar. 12, 1999) (NE00–18) KS99–60 (Mar. 12, 1999) (KS00–60) MO99–10 (Mar. 12, 1999) (MO00–10) NE99–19 (Mar. 12, 1999) (NE00–19) KS99–61 (Mar. 12, 1999) (KS00–61) MO99–11 (Mar. 12, 1999) (MO00–11) NE99–20 (Mar. 12, 1999) (NE00–20) KS99–62 (Mar. 12, 1999) (KS00–62) MO99–12 (Mar. 12, 1999) (MO00–12) NE99–21 (Mar. 12, 1999) (NE00–21) KS99–63 (Mar. 12, 1999) (KS00–63) MO99–13 (Mar. 12, 1999) (MO00–13) NE99–22 (Mar. 12, 1999) (NE00–22) KS99–64 (Mar. 12, 1999) (KS00–64) MO99–14 (Mar. 12, 1999) (MO00–14) NE99–23 (Mar. 12, 1999) (NE00–23) KS99–65 (Mar. 12, 1999) (KS00–65) MO99–15 (Mar. 12, 1999) (MO00–15) NE99–24 (Mar. 12, 1999) (NE00–24) KS99–66 (Mar. 12, 1999) (KS00–66) MO99–16 (Mar. 12, 1999) (MO00–16) NE99–25 (Mar. 12, 1999) (NE00–25) KS99–67 (Mar. 12, 1999) (KS00–67) MO99–17 (Mar. 12, 1999) (MO00–17) NE99–26 (Mar. 12, 1999) (NE00–26) KS99–68 (Mar. 12, 1999) (KS00–68) MO99–18 (Mar. 12, 1999) (MO00–18) NE99–27 (Mar. 12, 1999) (NE00–27) KS99–69 (Mar. 12, 1999) (KS00–69) MO99–19 (Mar. 12, 1999) (MO00–19) NE99–28 (Mar. 12, 1999) (NE00–28) KS99–70 (Mar. 12, 1999) (KS00–70) MO99–20 (Mar. 12, 1999) (MO00–20) NE99–29 (Mar. 12, 1999) (NE00–29) Louisiana MO99–21 (Mar. 12, 1999) (MO00–21) NE99–30 (Mar. 12, 1999) (NE00–30) LA99–01 (Mar. 12, 1999) (LA00–01) MO99–22 (Mar. 12, 1999) (MO00–22) NE99–31 (Mar. 12, 1999) (NE00–31) LA99–02 (Mar. 12, 1999) (LA00–02) MO99–23 (Mar. 12, 1999) (MO00–23) NE99–32 (Mar. 12, 1999) (NE00–32) LA99–03 (Mar. 12, 1999) (LA00–03) MO99–24 (Mar. 12, 1999) (MO00–24) NE99–33 (Mar. 12, 1999) (NE00–33) LA99–04 (Mar. 12, 1999) (LA00–04) MO99–25 (Mar. 12, 1999) (MO00–25) NE99–34 (Mar. 12, 1999) (NE00–34) LA99–05 (Mar. 12, 1999) (LA00–05) MO99–26 (Mar. 12, 1999) (MO00–26) NE99–35 (Mar. 12, 1999) (NE00–35) LA99–06 (Mar. 12, 1999) (LA00–06) MO99–27 (Mar. 12, 1999) (MO00–27) NE99–36 (Mar. 12, 1999) (NE00–36) LA99–07 (Mar. 12, 1999) (LA00–07) MO99–28 (Mar. 12, 1999) (MO00–28) NE99–37 (Mar. 12, 1999) (NE00–37) LA99–08 (Mar. 12, 1999) (LA00–08) MO99–29 (Mar. 12, 1999) (MO00–29) NE99–38 (Mar. 12, 1999) (NE00–38) LA99–09 (Mar. 12, 1999) (LA00–09) MO99–30 (Mar. 12, 1999) (MO00–30) NE99–39 (Mar. 12, 1999) (NE00–39) LA99–10 (Mar. 12, 1999) (LA00–10) MO99–31 (Mar. 12, 1999) (MO00–31) NE99–40 (Mar. 12, 1999) (NE00–40) LA99–11 (Mar. 12, 1999) (LA00–11) MO99–32 (Mar. 12, 1999) (MO00–32) NE99–41 (Mar. 12, 1999) (NE00–41) LA99–12 (Mar. 12, 1999) (LA00–12) MO99–33 (Mar. 12, 1999) (MO00–33) NE99–42 (Mar. 12, 1999) (NE00–42) LA99–13 (Mar. 12, 1999) (LA00–13) MO99–34 (Mar. 12, 1999) (MO00–34) NE99–43 (Mar. 12, 1999) (NE00–43) LA99–14 (Mar. 12, 1999) (LA00–14) MO99–35 (Mar. 12, 1999) (MO00–35) NE99–44 (Mar. 12, 1999) (NE00–44)

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NE99–45 (Mar. 12, 1999) (NE00–45) TX99–09 (Mar. 12, 1999) (TX00–09) TX99–85 (Mar. 12, 1999) (TX00–85) NE99–46 (Mar. 12, 1999) (NE00–46) TX99–10 (Mar. 12, 1999) (TX00–10) TX99–86 (Mar. 12, 1999) (TX00–86) NE99–47 (Mar. 12, 1999) (NE00–47) TX99–11 (Mar. 12, 1999) (TX00–11) TX99–87 (Mar. 12, 1999) (TX00–87) NE99–48 (Mar. 12, 1999) (NE00–48) TX99–12 (Mar. 12, 1999) (TX00–12) TX99–88 (Mar. 12, 1999) (TX00–88) NE99–49 (Mar. 12, 1999) (NE00–49) TX99–13 (Mar. 12, 1999) (TX00–13) TX99–89 (Mar. 12, 1999) (TX00–89) NE99–50 (Mar. 12, 1999) (NE00–50) TX99–14 (Mar. 12, 1999) (TX00–14) TX99–90 (Mar. 12, 1999) (TX00–90) NE99–51 (Mar. 12, 1999) (NE00–51) TX99–15 (Mar. 12, 1999) (TX00–15) TX99–91 (Mar. 12, 1999) (TX00–91) NE99–52 (Mar. 12, 1999) (NE00–52) TX99–16 (Mar. 12, 1999) (TX00–16) TX99–92 (Mar. 12, 1999) (TX00–92) NE99–53 (Mar. 12, 1999) (NE00–53) TX99–17 (Mar. 12, 1999) (TX00–17) TX99–93 (Mar. 12, 1999) (TX00–93) NE99–54 (Mar. 12, 1999) (NE00–54) TX99–18 (Mar. 12, 1999) (TX00–18) TX99–94 (Mar. 12, 1999) (TX00–94) NE99–55 (Mar. 12, 1999) (NE00–55) TX99–19 (Mar. 12, 1999) (TX00–19) TX99–95 (Mar. 12, 1999) (TX00–95) NE99–56 (Mar. 12, 1999) (NE00–56) TX99–20 (Mar. 12, 1999) (TX00–20) TX99–96 (Mar. 12, 1999) (TX00–96) NE99–57 (Mar. 12, 1999) (NE00–57) TX99–21 (Mar. 12, 1999) (TX00–21) TX99–97 (Mar. 12, 1999) (TX00–97) New Mexico TX99–22 (Mar. 12, 1999) (TX00–22) TX99–98 (Mar. 12, 1999) (TX00–98) NM99–01 (Mar. 12, 1999) (NM00–01) TX99–23 (Mar. 12, 1999) (TX00–23) TX99–99 (Mar. 12, 1999) (TX00–99) NM99–02 (Mar. 12, 1999) (NM00–02) TX99–24 (Mar. 12, 1999) (TX00–24) TX99–100 (Mar. 12, 1999) (TX00–100) NM99–03 (Mar. 12, 1999) (NM00–03) TX99–25 (Mar. 12, 1999) (TX00–25) TX99–101 (Mar. 12, 1999) (TX00–101) NM99–04 (Mar. 12, 1999) (NM00–04) TX99–26 (Mar. 12, 1999) (TX00–26) TX99–102 (Mar. 12, 1999) (TX00–102) NM99–05 (Mar. 12, 1999) (NM00–05) TX99–27 (Mar. 12, 1999) (TX00–27) TX99–103 (Mar. 12, 1999) (TX00–103) NM99–06 (Mar. 12, 1999) (NM00–06) TX99–28 (Mar. 12, 1999) (TX00–28) TX99–104 (Mar. 12, 1999) (TX00–104) Oklahoma TX99–29 (Mar. 12, 1999) (TX00–29) TX99–105 (Mar. 12, 1999) (TX00–105) OK99–01 (Mar. 12, 1999) (OK00–01) TX99–30 (Mar. 12, 1999) (TX00–30) TX99–106 (Mar. 12, 1999) (TX00–106) OK99–02 (Mar. 12, 1999) (OK00–02) TX99–31 (Mar. 12, 1999) (TX00–31) TX99–107 (Mar. 12, 1999) (TX00–107) OK99–03 (Mar. 12, 1999) (OK00–03) TX99–32 (Mar. 12, 1999) (TX00–32) TX99–108 (Mar. 12, 1999) (TX00–108) OK99–04 (Mar. 12, 1999) (OK00–04) TX99–33 (Mar. 12, 1999) (TX00–33) TX99–109 (Mar. 12, 1999) (TX00–109) OK99–05 (Mar. 12, 1999) (OK00–05) TX99–34 (Mar. 12, 1999) (TX00–34) TX99–110 (Mar. 12, 1999) (TX00–110) OK99–06 (Mar. 12, 1999) (OK00–06) TX99–35 (Mar. 12, 1999) (TX00–35) TX99–111 (Mar. 12, 1999) (TX00–111) OK99–07 (Mar. 12, 1999) (OK00–07) TX99–36 (Mar. 12, 1999) (TX00–36) TX99–112 (Mar. 12, 1999) (TX00–112) OK99–08 (Mar. 12, 1999) (OK00–08) TX99–37 (Mar. 12, 1999) (TX00–37) TX99–113 (Mar. 12, 1999) (TX00–113) OK99–09 (Mar. 12, 1999) (OK00–09) TX99–38 (Mar. 12, 1999) (TX00–38) TX99–114 (Mar. 12, 1999) (TX00–114) OK99–10 (Mar. 12, 1999) (OK00–10) TX99–39 (Mar. 12, 1999) (TX00–39) TX99–115 (Mar. 12, 1999) (TX00–115) OK99–11 (Mar. 12, 1999) (OK00–11) TX99–40 (Mar. 12, 1999) (TX00–40) TX99–116 (Mar. 12, 1999) (TX00–116) OK99–12 (Mar. 12, 1999) (OK00–12) TX99–41 (Mar. 12, 1999) (TX00–41) TX99–117 (Mar. 12, 1999) (TX00–117) OK99–13 (Mar. 12, 1999) (OK00–13) TX99–42 (Mar. 12, 1999) (TX00–42) TX99–118 (Mar. 12, 1999) (TX00–118) OK99–14 (Mar. 12, 1999) (OK00–14) TX99–43 (Mar. 12, 1999) (TX00–43) TX99–119 (Mar. 12, 1999) (TX00–119) OK99–15 (Mar. 12, 1999) (OK00–15) TX99–44 (Mar. 12, 1999) (TX00–44) TX99–120 (Mar. 12, 1999) (TX00–120) OK99–16 (Mar. 12, 1999) (OK00–16) TX99–45 (Mar. 12, 1999) (TX00–45) OK99–17 (Mar. 12, 1999) (OK00–17) TX99–46 (Mar. 12, 1999) (TX00–46) Volume VI OK99–18 (Mar. 12, 1999) (OK00–18) TX99–47 (Mar. 12, 1999) (TX00–47) Alaska OK99–19 (Mar. 12, 1999) (OK00–19) TX99–48 (Mar. 12, 1999) (TX00–48) AK99–01 (Mar. 12, 1999) (AK00–01) OK99–20 (Mar. 12, 1999) (OK00–20) TX99–49 (Mar. 12, 1999) (TX00–49) AK99–02 (Mar. 12, 1999) (AK00–02) OK99–21 (Mar. 12, 1999) (OK00–21) TX99–50 (Mar. 12, 1999) (TX00–50) AK99–03 (Mar. 12, 1999) (AK00–03) OK99–22 (Mar. 12, 1999) (OK00–22) TX99–51 (Mar. 12, 1999) (TX00–51) AK99–04 (Mar. 12, 1999) (AK00–04) OK99–23 (Mar. 12, 1999) (OK00–23) TX99–52 (Mar. 12, 1999) (TX00–52) AK99–05 (Mar. 12, 1999) (AK00–05) OK99–24 (Mar. 12, 1999) (OK00–24) TX99–53 (Mar. 12, 1999) (TX00–53) AK99–06 (Mar. 12, 1999) (AK00–06) OK99–25 (Mar. 12, 1999) (OK00–25) TX99–54 (Mar. 12, 1999) (TX00–54) AK99–07 (Mar. 12, 1999) (AK00–07) OK99–26 (Mar. 12, 1999) (OK00–26) TX99–55 (Mar. 12, 1999) (TX00–55) AK99–08 (Mar. 12, 1999) (AK00–08) OK99–27 (Mar. 12, 1999) (OK00–27) TX99–56 (Mar. 12, 1999) (TX00–56) Colorado OK99–28 (Mar. 12, 1999) (OK00–28) TX99–57 (Mar. 12, 1999) (TX00–57) CO99–01 (Mar. 12, 1999) (CO00–01) OK99–29 (Mar. 12, 1999) (OK00–29) TX99–58 (Mar. 12, 1999) (TX00–58) CO99–02 (Mar. 12, 1999) (CO00–02) OK99–30 (Mar. 12, 1999) (OK00–30) TX99–59 (Mar. 12, 1999) (TX00–59) CO99–03 (Mar. 12, 1999) (CO00–03) OK99–31 (Mar. 12, 1999) (OK00–31) TX99–60 (Mar. 12, 1999) (TX00–60) CO99–04 (Mar. 12, 1999) (CO00–04) OK99–32 (Mar. 12, 1999) (OK00–32) TX99–61 (Mar. 12, 1999) (TX00–61) CO99–05 (Mar. 12, 1999) (CO00–05) OK99–33 (Mar. 12, 1999) (OK00–33) TX99–62 (Mar. 12, 1999) (TX00–62) CO99–06 (Mar. 12, 1999) (CO00–06) OK99–34 (Mar. 12, 1999) (OK00–34) TX99–63 (Mar. 12, 1999) (TX00–63) CO99–07 (Mar. 12, 1999) (CO00–07) OK99–35 (Mar. 12, 1999) (OK00–35) TX99–64 (Mar. 12, 1999) (TX00–64) CO99–08 (Mar. 12, 1999) (CO00–08) OK99–36 (Mar. 12, 1999) (OK00–36) TX99–65 (Mar. 12, 1999) (TX00–65) CO99–09 (Mar. 12, 1999) (CO00–09) OK99–37 (Mar. 12, 1999) (OK00–37) TX99–66 (Mar. 12, 1999) (TX00–66) CO99–10 (Mar. 12, 1999) (CO00–10) OK99–38 (Mar. 12, 1999) (OK00–38) TX99–67 (Mar. 12, 1999) (TX00–67) CO99–11 (Mar. 12, 1999) (CO00–11) OK99–39 (Mar. 12, 1999) (OK00–39) TX99–68 (Mar. 12, 1999) (TX00–68) CO99–12 (Mar. 12, 1999) (CO00–12) OK99–40 (Mar. 12, 1999) (OK00–40) TX99–69 (Mar. 12, 1999) (TX00–69) CO99–13 (Mar. 12, 1999) (CO00–13) OK99–41 (Mar. 12, 1999) (OK00–41) TX99–70 (Mar. 12, 1999) (TX00–70) CO99–14 (Mar. 12, 1999) (CO00–14) OK99–42 (Mar. 12, 1999) (OK00–42) TX99–71 (Mar. 12, 1999) (TX00–71) CO99–15 (Mar. 12, 1999) (CO00–15) OK99–43 (Mar. 12, 1999) (OK00–43) TX99–72 (Mar. 12, 1999) (TX00–72) CO99–16 (Mar. 12, 1999) (CO00–16) OK99–44 (Mar. 12, 1999) (OK00–44) TX99–73 (Mar. 12, 1999) (TX00–73) CO99–17 (Mar. 12, 1999) (CO00–17) OK99–45 (Mar. 12, 1999) (OK00–45) TX99–74 (Mar. 12, 1999) (TX00–74) CO99–18 (Mar. 12, 1999) (CO00–18) OK99–46 (Mar. 12, 1999) (OK00–46) TX99–75 (Mar. 12, 1999) (TX00–75) CO99–19 (Mar. 12, 1999) (CO00–19) Texas TX99–76 (Mar. 12, 1999) (TX00–76) CO99–20 (Mar. 12, 1999) (CO00–20) TX99–01 (Mar. 12, 1999) (TX00–01) TX99–77 (Mar. 12, 1999) (TX00–77) CO99–21 (Mar. 12, 1999) (CO00–21) TX99–02 (Mar. 12, 1999) (TX00–02) TX99–78 (Mar. 12, 1999) (TX00–78) CO99–22 (Mar. 12, 1999) (CO00–22) TX99–03 (Mar. 12, 1999) (TX00–03) TX99–79 (Mar. 12, 1999) (TX00–79) CO99–23 (Mar. 12, 1999) (CO00–23) TX99–04 (Mar. 12, 1999) (TX00–04) TX99–80 (Mar. 12, 1999) (TX00–80) CO99–24 (Mar. 12, 1999) (CO00–24) TX99–05 (Mar. 12, 1999) (TX00–05) TX99–81 (Mar. 12, 1999) (TX00–81) CO99–25 (Mar. 12, 1999) (CO00–25) TX99–06 (Mar. 12, 1999) (TX00–06) TX99–82 (Mar. 12, 1999) (TX00–82) CO99–26 (Mar. 12, 1999) (CO00–26) TX99–07 (Mar. 12, 1999) (TX00–07) TX99–83 (Mar. 12, 1999) (TX00–83) CO99–27 (Mar. 12, 1999) (CO00–27) TX99–08 (Mar. 12, 1999) (TX00–08) TX99–84 (Mar. 12, 1999) (TX00–84) CO99–28 (Mar. 12, 1999) (CO00–28)

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CO99–29 (Mar. 12, 1999) (CO00–29) ND99–18 (Mar. 12, 1999) (ND00–18) SD99–22 (Mar. 12, 1999) (SD00–22) CO99–30 (Mar. 12, 1999) (CO00–30) ND99–19 (Mar. 12, 1999) (ND00–19) SD99–23 (Mar. 12, 1999) (SD00–23) CO99–31 (Mar. 12, 1999) (CO00–31) ND99–20 (Mar. 12, 1999) (ND00–20) SD99–24 (Mar. 12, 1999) (SD00–24) CO99–32 (Mar. 12, 1999) (CO00–32) ND99–21 (Mar. 12, 1999) (ND00–21) SD99–25 (Mar. 12, 1999) (SD00–25) CO99–33 (Mar. 12, 1999) (CO00–33) ND99–22 (Mar. 12, 1999) (ND00–22) SD99–26 (Mar. 12, 1999) (SD00–26) CO99–34 (Mar. 12, 1999) (CO00–34) ND99–23 (Mar. 12, 1999) (ND00–23) SD99–27 (Mar. 12, 1999) (SD00–27) CO99–35 (Mar. 12, 1999) (CO00–35) ND99–24 (Mar. 12, 1999) (ND00–24) SD99–28 (Mar. 12, 1999) (SD00–28) Idaho ND99–25 (Mar. 12, 1999) (ND00–25) SD99–29 (Mar. 12, 1999) (SD00–29) ID99–01 (Mar. 12, 1999) (ID00–01) ND99–26 (Mar. 12, 1999) (ND00–26) SD99–30 (Mar. 12, 1999) (SD00–30) ID99–02 (Mar. 12, 1999) (ID00–02) ND99–27 (Mar. 12, 1999) (ND00–27) SD99–31 (Mar. 12, 1999) (SD00–31) ID99–03 (Mar. 12, 1999) (ID00–03) ND99–28 (Mar. 12, 1999) (ND00–28) SD99–32 (Mar. 12, 1999) (SD00–32) ID99–04 (Mar. 12, 1999) (ID00–04) ND99–29 (Mar. 12, 1999) (ND00–29) SD99–33 (Mar. 12, 1999) (SD00–33) ID99–05 (Mar. 12, 1999) (ID00–05) ND99–30 (Mar. 12, 1999) (ND00–30) SD99–34 (Mar. 12, 1999) (SD00–34) ID99–06 (Mar. 12, 1999) (ID00–06) ND99–31 (Mar. 12, 1999) (ND00–31) SD99–35 (Mar. 12, 1999) (SD00–35) ID99–07 (Mar. 12, 1999) (ID00–07) ND99–32 (Mar. 12, 1999) (ND00–32) SD99–36 (Mar. 12, 1999) (SD00–36) ID99–08 (Mar. 12, 1999) (ID00–08) ND99–33 (Mar. 12, 1999) (ND00–33) SD99–37 (Mar. 12, 1999) (SD00–37) ID99–09 (Mar. 12, 1999) (ID00–09) ND99–34 (Mar. 12, 1999) (ND00–34) SD99–38 (Mar. 12, 1999) (SD00–38) ID99–10 (Mar. 12, 1999) (ID00–10) ND99–35 (Mar. 12, 1999) (ND00–35) SD99–39 (Mar. 12, 1999) (SD00–39) ID99–11 (Mar. 12, 1999) (ID00–11) ND99–36 (Mar. 12, 1999) (ND00–36) SD99–40 (Mar. 12, 1999) (SD00–40) ID99–12 (Mar. 12, 1999) (ID00–12) ND99–37 (Mar. 12, 1999) (ND00–37) SD99–41 (Mar. 12, 1999) (SD00–41) ID99–13 (Mar. 12, 1999) (ID00–13) ND99–38 (Mar. 12, 1999) (ND00–38) SD99–42 (Mar. 12, 1999) (SD00–42) ID99–14 (Mar. 12, 1999) (ID00–14) ND99–39 (Mar. 12, 1999) (ND00–39) SD99–43 (Mar. 12, 1999) (SD00–43) Montana ND99–40 (Mar. 12, 1999) (ND00–40) SD99–44 (Mar. 12, 1999) (SD00–44) MT99–01 (Mar. 12, 1999) (MT00–01) ND99–41 (Mar. 12, 1999) (ND00–41) Utah MT99–02 (Mar. 12, 1999) (MT00–02) ND99–42 (Mar. 12, 1999) (ND00–42) UT99–01 (Mar. 12, 1999) (UT00–01) MT99–03 (Mar. 12, 1999) (MT00–03) ND99–43 (Mar. 12, 1999) (ND00–43) UT99–02 (Mar. 12, 1999) (UT00–02) MT99–04 (Mar. 12, 1999) (MT00–04) ND99–44 (Mar. 12, 1999) (ND00–44) UT99–03 (Mar. 12, 1999) (UT00–03) MT99–05 (Mar. 12, 1999) (MT00–05) ND99–45 (Mar. 12, 1999) (ND00–45) UT99–04 (Mar. 12, 1999) (UT00–04) MT99–06 (Mar. 12, 1999) (MT00–06) ND99–46 (Mar. 12, 1999) (ND00–46) UT99–05 (Mar. 12, 1999) (UT00–05) MT99–07 (Mar. 12, 1999) (MT00–07) ND99–47 (Mar. 12, 1999) (ND00–47) UT99–06 (Mar. 12, 1999) (UT00–06) MT99–08 (Mar. 12, 1999) (MT00–08) ND99–48 (Mar. 12, 1999) (ND00–48) UT99–07 (Mar. 12, 1999) (UT00–07) MT99–09 (Mar. 12, 1999) (MT00–09) ND99–49 (Mar. 12, 1999) (ND00–49) UT99–08 (Mar. 12, 1999) (UT00–08) MT99–10 (Mar. 12, 1999) (MT00–10) ND99–50 (Mar. 12, 1999) (ND00–50) UT99–09 (Mar. 12, 1999) (UT00–09) MT99–11 (Mar. 12, 1999) (MT00–11) ND99–51 (Mar. 12, 1999) (ND00–51) UT99–10 (Mar. 12, 1999) (UT00–10) MT99–12 (Mar. 12, 1999) (MT00–12) ND99–52 (Mar. 12, 1999) (ND00–52) UT99–11 (Mar. 12, 1999) (UT00–11) MT99–13 (Mar. 12, 1999) (MT00–13) ND99–53 (Mar. 12, 1999) (ND00–53) UT99–12 (Mar. 12, 1999) (UT00–12) MT99–14 (Mar. 12, 1999) (MT00–14) Oregon UT99–13 (Mar. 12, 1999) (UT00–13) MT99–15 (Mar. 12, 1999) (MT00–15) OR99–01 (Mar. 12, 1999) (OR00–01) UT99–14 (Mar. 12, 1999) (UT00–14) MT99–16 (Mar. 12, 1999) (MT00–16) OR99–02 (Mar. 12, 1999) (OR00–02) UT99–15 (Mar. 12, 1999) (UT00–15) MT99–17 (Mar. 12, 1999) (MT00–17) OR99–03 (Mar. 12, 1999) (OR00–03) UT99–16 (Mar. 12, 1999) (UT00–16) MT99–18 (Mar. 12, 1999) (MT00–18) OR99–04 (Mar. 12, 1999) (OR00–04) UT99–17 (Mar. 12, 1999) (UT00–17) MT99–19 (Mar. 12, 1999) (MT00–19) OR99–05 (Mar. 12, 1999) (OR00–05) UT99–18 (Mar. 12, 1999) (UT00–18) MT99–20 (Mar. 12, 1999) (MT00–20) OR99–06 (Mar. 12, 1999) (OR00–06) UT99–19 (Mar. 12, 1999) (UT00–19) MT99–21 (Mar. 12, 1999) (MT00–21) OR99–07 (Mar. 12, 1999) (OR00–07) UT99–20 (Mar. 12, 1999) (UT00–20) MT99–22 (Mar. 12, 1999) (MT00–22) OR99–08 (Mar. 12, 1999) (OR00–08) UT99–21 (Mar. 12, 1999) (UT00–21) MT99–23 (Mar. 12, 1999) (MT00–23) OR99–09 (Mar. 12, 1999) (OR00–09) UT99–22 (Mar. 12, 1999) (UT00–22) MT99–24 (Mar. 12, 1999) (MT00–24) OR99–10 (Mar. 12, 1999) (OR00–10) UT99–23 (Mar. 12, 1999) (UT00–23) MT99–25 (Mar. 12, 1999) (MT00–25) OR99–11 (Mar. 12, 1999) (OR00–11) UT99–24 (Mar. 12, 1999) (UT00–24) MT99–26 (Mar. 12, 1999) (MT00–26) OR99–12 (Mar. 12, 1999) (OR00–12) UT99–25 (Mar. 12, 1999) (UT00–25) MT99–27 (Mar. 12, 1999) (MT00–27) OR99–13 (Mar. 12, 1999) (OR00–13) UT99–26 (Mar. 12, 1999) (UT00–26) MT99–28 (Mar. 12, 1999) (MT00–28) OR99–14 (Mar. 12, 1999) (OR00–14) UT99–27 (Mar. 12, 1999) (UT00–27) MT99–29 (Mar. 12, 1999) (MT00–29) OR99–15 (Mar. 12, 1999) (OR00–15) UT99–28 (Mar. 12, 1999) (UT00–28) MT99–30 (Mar. 12, 1999) (MT00–30) OR99–16 (Mar. 12, 1999) (OR00–16) UT99–29 (Mar. 12, 1999) (UT00–29) MT99–31 (Mar. 12, 1999) (MT00–31) OR99–17 (Mar. 12, 1999) (OR00–17) UT99–30 (Mar. 12, 1999) (UT00–30) MT99–32 (Mar. 12, 1999) (MT00–32) South Dakota UT99–31 (Mar. 12, 1999) (UT00–31) MT99–33 (Mar. 12, 1999) (MT00–33) SD99–01 (Mar. 12, 1999) (SD00–01) UT99–32 (Mar. 12, 1999) (UT00–32) MT99–34 (Mar. 12, 1999) (MT00–34) SD99–02 (Mar. 12, 1999) (SD00–02) UT99–33 (Mar. 12, 1999) (UT00–33) MT99–35 (Mar. 12, 1999) (MT00–35) SD99–03 (Mar. 12, 1999) (SD00–03) UT99–34 (Mar. 12, 1999) (UT00–34) North Dakota SD99–04 (Mar. 12, 1999) (SD00–04) UT99–35 (Mar. 12, 1999) (UT00–35) ND99–01 (Mar. 12, 1999) (ND00–01) SD99–05 (Mar. 12, 1999) (SD00–05) UT99–36 (Mar. 12, 1999) (UT00–36) ND99–02 (Mar. 12, 1999) (ND00–02) SD99–06 (Mar. 12, 1999) (SD00–06) Washington ND99–03 (Mar. 12, 1999) (ND00–03) SD99–07 (Mar. 12, 1999) (SD00–07) WA99–01 (Mar. 12, 1999) (WA00–01) ND99–04 (Mar. 12, 1999) (ND00–04) SD99–08 (Mar. 12, 1999) (SD00–08) WA99–02 (Mar. 12, 1999) (WA00–02) ND99–05 (Mar. 12, 1999) (ND00–05) SD99–09 (Mar. 12, 1999) (SD00–09) WA99–03 (Mar. 12, 1999) (WA00–03) ND99–06 (Mar. 12, 1999) (ND00–06) SD99–10 (Mar. 12, 1999) (SD00–10) WA99–04 (Mar. 12, 1999) (WA00–04) ND99–07 (Mar. 12, 1999) (ND00–07) SD99–11 (Mar. 12, 1999) (SD00–11) WA99–05 (Mar. 12, 1999) (WA00–05) ND99–08 (Mar. 12, 1999) (ND00–08) SD99–12 (Mar. 12, 1999) (SD00–12) WA99–06 (Mar. 12, 1999) (WA00–06) ND99–09 (Mar. 12, 1999) (ND00–09) SD99–13 (Mar. 12, 1999) (SD00–13) WA99–07 (Mar. 12, 1999) (WA00–07) ND99–10 (Mar. 12, 1999) (ND00–10) SD99–14 (Mar. 12, 1999) (SD00–14) WA99–08 (Mar. 12, 1999) (WA00–08) ND99–11 (Mar. 12, 1999) (ND00–11) SD99–15 (Mar. 12, 1999) (SD00–15) WA99–09 (Mar. 12, 1999) (WA00–09) ND99–12 (Mar. 12, 1999) (ND00–12) SD99–16 (Mar. 12, 1999) (SD00–16) WA99–10 (Mar. 12, 1999) (WA00–10) ND99–13 (Mar. 12, 1999) (ND00–13) SD99–17 (Mar. 12, 1999) (SD00–17) WA99–11 (Mar. 12, 1999) (WA00–11) ND99–14 (Mar. 12, 1999) (ND00–14) SD99–18 (Mar. 12, 1999) (SD00–18) WA99–12 (Mar. 12, 1999) (WA00–12) ND99–15 (Mar. 12, 1999) (ND00–15) SD99–19 (Mar. 12, 1999) (SD00–19) WA99–13 (Mar. 12, 1999) (WA00–13) ND99–16 (Mar. 12, 1999) (ND00–16) SD99–20 (Mar. 12, 1999) (SD00–20) WA99–14 (Mar. 12, 1999) (WA00–14) ND99–17 (Mar. 12, 1999) (ND00–17) SD99–21 (Mar. 12, 1999) (SD00–21) WA99–15 (Mar. 12, 1999) (WA00–15)

VerDate 272000 22:23 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7071

WA99–16 (Mar. 12, 1999) (WA00–16) CA99–16 (Mar. 12, 1999) (CA00–16) which includes all current general wage WA99–17 (Mar. 12, 1999) (WA00–17) CA99–17 (Mar. 12, 1999) (CA00–17) determinations for the States covered by WA99–18 (Mar. 12, 1999) (WA00–18) CA99–18 (Mar. 12, 1999) (CA00–18) each volume. Throughout the remainder WA99–19 (Mar. 12, 1999) (WA00–19) CA99–19 (Mar. 12, 1999) (CA00–19) of the year, regular weekly updates are WA99–20 (Mar. 12, 1999) (WA00–20) CA99–20 (Mar. 12, 1999) (CA00–20) WA99–21 (Mar. 12, 1999) (WA00–21) CA99–21 (Mar. 12, 1999) (CA00–21) distributed to subscribers. WA99–22 (Mar. 12, 1999) (WA00–22) CA99–22 (Mar. 12, 1999) (CA00–22) Signed at Washington, DC, this 1st day of WA99–23 (Mar. 12, 1999) (WA00–23) CA99–23 (Mar. 12, 1999) (CA00–23) February 2000. WA99–24 (Mar. 12, 1999) (WA00–24) CA99–24 (Mar. 12, 1999) (CA00–24) Carl J. Poleskey, WA99–25 (Mar. 12, 1999) (WA00–25) CA99–25 (Mar. 12, 1999) (CA00–25) WA99–26 (Mar. 12, 1999) (WA00–26) CA99–26 (Mar. 12, 1999) (CA00–26) Chief, Branch of Construction Wage WA99–27 (Mar. 12, 1999) (WA00–27) CA99–27 (Mar. 12, 1999) (CA00–27) Determinations. Wyoming CA99–28 (Mar. 12, 1999) (CA00–28) [FR Doc. 00–2506 Filed 2–10–00; 8:45 am] WY99–01 (Mar. 12, 1999) (WY00–01) CA99–29 (Mar. 12, 1999) (CA00–29) BILLING CODE 4510±27±M WY99–02 (Mar. 12, 1999) (WY00–02) CA99–30 (Mar. 12, 1999) (CA00–30) WY99–03 (Mar. 12, 1999) (WY00–03) CA99–31 (Mar. 12, 1999) (CA00–31) CA99–32 (Mar. 12, 1999) (CA00–32) WY99–04 (Mar. 12, 1999) (WY00–04) FEDERAL MINE SAFETY AND HEALTH WY99–05 (Mar. 12, 1999) (WY00–05) CA99–33 (Mar. 12, 1999) (CA00–33) WY99–06 (Mar. 12, 1999) (WY00–06) CA99–34 (Mar. 12, 1999) (CA00–34) REVIEW COMMISSION WY99–07 (Mar. 12, 1999) (WY00–07) CA99–35 (Mar. 12, 1999) (CA00–35) WY99–08 (Mar. 12, 1999) (WY00–08) CA99–36 (Mar. 12, 1999) (CA00–36) Sunshine Act Meeting WY99–09 (Mar. 12, 1999) (WY00–09) CA99–37 (Mar. 12, 1999) (CA00–37) February 3, 2000. WY99–10 (Mar. 12, 1999) (WY00–10) CA99–38 (Mar. 12, 1999) (CA00–38) WY99–11 (Mar. 12, 1999) (WY00–11) CA99–39 (Mar. 12, 1999) (CA00–39) TIME AND DATE: 10 a.m., Thursday, WY99–12 (Mar. 12, 1999) (WY00–12) CA99–40 (Mar. 12, 1999) (CA00–40) February 10, 2000. WY99–13 (Mar. 12, 1999) (WY00–13) CA99–41 (Mar. 12, 1999) (CA00–41) Hawaii PLACE: Room 6005, 6th Floor, 1730 K WY99–14 (Mar. 12, 1999) (WY00–14) Street, NW., Washington, DC. WY99–15 (Mar. 12, 1999) (WY00–15) HI99–01 (Mar. 12, 1999) (HI00–01) WY99–16 (Mar. 12, 1999) (WY00–16) Nevada STATUS: Closed [Pursuant to 5 U.S.C. WY99–17 (Mar. 12, 1999) (WY00–17) NV99–01 (Mar. 12, 1999) (NV00–01) § 552b(c)(10)]. WY99–18 (Mar. 12, 1999) (WY00–18) NV99–02 (Mar. 12, 1999) (NV00–02) NV99–03 (Mar. 12, 1999) (NV00–03) MATTERS TO BE CONSIDERED: This WY99–19 (Mar. 12, 1999) (WY00–19) NV99–04 (Mar. 12, 1999) (NV00–04) Commission meeting is a continuation WY99–20 (Mar. 12, 1999) (WY00–20) NV99–05 (Mar. 12, 1999) (NV00–05) of the Commission meeting held in WY99–21 (Mar. 12, 1999) (WY00–21) NV99–06 (Mar. 12, 1999) (NV00–06) WY99–22 (Mar. 12, 1999) (WY00–22) closed session on January 27, 2000, to NV99–07 (Mar. 12, 1999) (NV00–07) WY99–23 (Mar. 12, 1999) (WY00–23) discuss the following: NV99–08 (Mar. 12, 1999) (NV00–08) WY99–24 (Mar. 12, 1999) (WY00–24) 1. Pero v. Cyprus Plateau Mining NV99–09 (Mar. 12, 1999) (NV00–09) Corp., Docket No. WEST 97–154–D Volume VII General Wage Determination (Issues include whether substantial Arizona Publication evidence supports the judge’s finding AZ99–01 (Mar. 12, 1999) (AZ00–01) General Wage Determinations issued that the operator did not discriminate AZ99–02 (Mar. 12, 1999) (AZ00–02) against Pero in violation of section AZ99–03 (Mar. 12, 1999) (AZ00–03) under the Davis-Bacon and related Acts, AZ99–04 (Mar. 12, 1999) (AZ00–04) including those noted above, may be 105(c).). AZ99–05 (Mar. 12, 1999) (AZ00–05) found in the Government Printing Office CONTACT PERSON FOR MORE INFORMATION: AZ99–06 (Mar. 12, 1999) (AZ00–06) (GPO) document entitled ‘‘General Wage Jean Ellen (202) 653–5629/(202) 708– AZ99–07 (Mar. 12, 1999) (AZ00–07) Determinations Issued Under The Davis- 9300 for TDD Relay/1–800–877–8339 AZ99–08 (Mar. 12, 1999) (AZ00–08) Bacon and Related Acts.’’ This for toll free. AZ99–09 (Mar. 12, 1999) (AZ00–09) AZ99–10 (Mar. 12, 1999) (AZ00–10) publication is available at each of the 50 Jean H. Ellen, AZ99–11 (Mar. 12, 1999) (AZ00–11) Regional Government Depository Chief Docket Clerk. Libraries and many of the 1,400 AZ99–12 (Mar. 12, 1999) (AZ00–12) [FR Doc. 00–3365 Filed 2–9–00; 1:15 pm] AZ99–13 (Mar. 12, 1999) (AZ00–13) Government Depository Libraries across AZ99–14 (Mar. 12, 1999) (AZ00–14) the country. BILLING CODE 67635±01±M AZ99–15 (Mar. 12, 1999) (AZ00–15) The general wage determinations AZ99–16 (Mar. 12, 1999) (AZ00–16) issued under the Davis-Bacon and AZ99–17 (Mar. 12, 1999) (AZ00–17) related Acts are available electronically NUCLEAR REGULATORY AZ99–18 (Mar. 12, 1999) (AZ00–18) by subscription to the FedWorld COMMISSION AZ99–19 (Mar. 12, 1999) (AZ00–19) Bulletin Board System of the National AZ99–20 (Mar. 12, 1999) (AZ00–20) Docket No. 50±289 California Technical Information Service (NTIS) of CA99–01 (Mar. 12, 1999) (CA00–01) the U.S. Department of Commerce at 1– Amergen Energy Company, LLC; CA99–02 (Mar. 12, 1999) (CA00–02) 800–363–2068. Notice of Withdrawal of Application for CA99–03 (Mar. 12, 1999) (CA00–03) Hard-copy subscriptions may be Amendment to Facility Operating CA99–04 (Mar. 12, 1999) (CA00–04) purchased from: Superintendent of License CA99–05 (Mar. 12, 1999) (CA00–05) Documents, U.S. Government Printing CA99–06 (Mar. 12, 1999) (CA00–06) Office, Washington, DC 20402; (202) The U.S. Nuclear Regulatory CA99–07 (Mar. 12, 1999) (CA00–07) 512–1800. Commission (the Commission) has CA99–08 (Mar. 12, 1999) (CA00–08) When ordering hard-copy granted the request of AmerGen Energy CA99–09 (Mar. 12, 1999) (CA00–09) subscription(s), be sure to specify the Company, LLC, (the licensee) to CA99–10 (Mar. 12, 1999) (CA00–10) CA99–11 (Mar. 12, 1999) (CA00–11) State(s) of interest, since subscriptions withdraw the October 19, 1998, CA99–12 (Mar. 12, 1999) (CA00–12) may be ordered for any or all of the application, as supplemented by letters CA99–13 (Mar. 12, 1999) (CA00–13) seven separate volumes, arranged by dated February 16, and September 2, CA99–14 (Mar. 12, 1999) (CA00–14) State. Subscriptions include an annual 1999, filed by GPU Nuclear Inc., (the CA99–15 (Mar. 12, 1999) (CA00–15) edition (issued in January or February) then-licensee) for proposed amendment

VerDate 272000 22:40 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 7072 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices to Facility Operating License No. DPR– Island County, Illinois. This exemption It should be noted that, although Code 50 for the Three Mile Island Nuclear refers to both units. Case N–640 was incorporated into the Station, Unit No. 1, located in Dauphin ASME Code recently, an exemption is II. County, Pa. still needed because the proposed P–T The proposed amendment requested Title 10 of the Code of Federal limits (excluding Code Cases N–588 and approval of a revised reactor coolant Regulations (10 CFR) Part 50, Appendix N–640) are based on the 1989 edition of maximum allowable dose equivalent G, requires that pressure-temperature the ASME Code. iodine 131 specific activity level of 1.0 (P–T) limits be established for reactor microcuries/gram. pressure vessels (RPVs) during normal Code Case N–588 The Commission had previously operating and hydrostatic or leak rate The licensee has proposed an issued a Notice of Consideration of testing conditions. Specifically, 10 CFR exemption to allow the use of ASME Issuance of Amendment published in Part 50, Appendix G states, ‘‘The Code Case N–588 in conjunction with the Federal Register on November 18, appropriate requirements on both the ASME Section XI, 10 CFR 50.60(a) and 1998 (63 FR 64118). However, by letter pressure-temperature limits and the 10 CFR Part 50, Appendix G, to dated December 29, 1999, the licensee minimum permissible temperature must determine the P–T limits. withdrew the proposed change request. be met for all conditions.’’ Appendix G The proposed amendments to revise For further details with respect to this of 10 CFRPart 50 specifies that the the P–T limits for Quad Cities rely, in action, see the application for requirements for these limits are the part, on the requested exemption. These amendment dated October 19, 1998, as American Society of Mechanical proposed P–T limits have been supplemented February 16, and Engineers (ASME) Boiler and Pressure developed using the postulation of a September 2, 1999, and the licensee’s Vessel Code (Code), Section XI, circumferentially-oriented reference letter dated December 29, 1999, which Appendix G Limits. flaw as the limiting flaw in a RPV withdrew the application for license To address provisions of the proposed circumferential weld in lieu of an amendment. The above documents are amendments to the technical axially-oriented flaw required by the available for public inspection at the specification (TS) P–T limits, the 1989 Edition of ASME Section XI, Commission’s Public Document Room, licensee requested in its submittal of Appendix G. the Gelman Building, 2120 L Street, November 12, 1999, that the staff Postulating the Appendix G [axially- NW., Washington, DC, and accessible exempt Quad Cities from application of oriented flaw] reference flaw in a electronically through the ADAMS specific requirements of 10 CFR Part 50, circumferential weld is physically Public Electronic Reading Room link at Section 50.60(a) and Appendix G, and unrealistic and overly conservative, the NRC Web site (http://www.nrc.gov). substitute use of ASME Code Cases N– because the length of the flaw is 1.5 588 and N–640. Code Case N–588 times the vessel thickness, which is Dated at Rockville, Maryland, this 7th day much longer than the width of the of February 2000. permits the postulation of a circumferentially-oriented flaw (in lieu reactor vessel girth weld. Industry For the Nuclear Regulatory Commission. of an axially-oriented flaw) for the experience with the repair of weld Timothy G. Colburn, evaluation of the circumferential welds indications found during preservice Sr. Project Manager, Section 1, Project in RPV P–T limit curves. Code Case N– inspection, and data taken from Directorate I, Division of Licensing Project 640 permits the use of an alternate destructive examination of actual vessel Management, Office of Nuclear Reactor welds, confirms that any remaining Regulation. reference fracture toughness (KIC fracture toughness curve instead of K flaws are small, laminar in nature, and [FR Doc. 00–3190 Filed 2–10–00; 8:45 am] Ia fracture toughness curve) for reactor do not transverse the weld bead BILLING CODE 7590±01±P vessel materials in determining the P–T orientation. Therefore, any potential limits. Since the pressure stresses on a defects introduced during the NUCLEAR REGULATORY circumferentially-oriented flaw are fabrication process, and not detected COMMISSION lower than the pressure stresses on an during subsequent nondestructive axially-oriented flaw by a factor of 2, examinations, would only be expected [Docket Nos. 50±254 and 50±265] using Code Case N–588 for establishing to be oriented in the direction of weld the P–T limits would be less fabrication. For circumferential welds Commonwealth Edison Company conservative than the methodology this indicates a postulated defect with a (Quad Cities Nuclear Power currently endorsed by 10 CFR Part 50, circumferential orientation. Station,Units 1 and 2); Appendix G and, therefore, an An analysis provided to the ASME Exemption exemption to apply the Code Case Code’s Working Group on Operating would be required by 10 CFR 50.60. Plant Criteria (WGOPC) (in which Code I. Likewise, since the KIC fracture Case N–588 was developed) indicated The Commonwealth Edison Company toughness curve shown in ASME that if an axial flaw is postulated on a (ComEd, the licensee) is the holder of Section XI, Appendix A, Figure A– circumferential weld, then based on the Facility Operating Licenses Nos. DPR– 2200–1 (the KIC fracture toughness stress magnification factors (Mm) given 29 and DPR–30 which authorize curve) provides greater allowable in the Code Case for the inside diameter operation of the Quad Cities Nuclear fracture toughness than the circumferential (0.443) and axial (0.926) Power Station, Units 1 and 2 (Quad corresponding KIa fracture toughness flaw orientations, it is equivalent to Cities). The license provides, among curve of ASME Section XI, Appendix G, applying a safety factor of 4.18 on the other things, that the facility is subject Figure G–2210–1 (the KIa fracture pressure loading under normal to all rules, regulations, and orders of toughness curve), using Code Case N– operating conditions. Appendix G the U.S. Nuclear Regulatory 640 for establishing the P–T limits requires a safety factor of 2 on the Commission (the Commission) now or would be less conservative than the contribution of the pressure load in the hereafter in effect. methodology currently endorsed by 10 case of an axially-oriented flaw in an The facility consists of boiling water CFR Part 50, Appendix G and, therefore, axial weld, shell plate, or forging. By reactors (Units 1 and 2) located on the an exemption to apply the Code Case postulating a circumferentially-oriented licensee’s Quad Cities site in Rock would also be required by 10 CFR 50.60. flaw on a circumferential weld and

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7073 using the appropriate stress slow and is more representative of a III. magnification factor, the margin of 2 is static condition than a dynamic Pursuant to 10 CFR 50.12, the maintained for the contribution of the condition. The Klc curve appropriately pressure load to the integrity calculation implements the use of static initiation Commission may, upon application by of the circumferential weld. fracture toughness behavior to evaluate any interested person or upon its own Consequently, the staff determined that the controlled heatup and cooldown initiative, grant exemptions from the the postulation of an axially-oriented process of a reactor vessel. The staff has requirements of 10 CFR Part 50, when flaw on a circumferential RPV weld is required use of the initial conservatism (1) the exemptions are authorized by law, will not present an undue risk to a level of conservatism that is not of the Kla curve since 1974 when the required to establish P–T limits to curve was codified. This initial public health or safety, and are protect the RCS pressure boundary from conservatism was necessary due to the consistent with the common defense failure during hydrostatic testing, limited knowledge of RPV materials. and security; and (2) when special heatup, and cooldown. Since 1974, additional knowledge has circumstances are present. The staff The staff noted that ASME Code Case been gained about RPV materials, which accepts the licensee’s determination that N–588 also includes changes to the demonstrates that the lower bound on the exemption would be required to approve the use of Code Cases N–588 methodology for determining the fracture toughness provided by the Kla thermal stress intensity, KIT, which was curve is well beyond the margin of and N–640. The staff examined the incorporated into Section XI of the safety required to protect the public licensee’s rationale to support the ASME Code after the 1989 Edition. health and safety from potential RPV exemption requests and concurred that However, the licensee still used the failure. In addition, P–T curves based on the use of the code cases would meet the underlying intent of these methodology in the 1989 edition of the the Klc curve will enhance overall plant ASME Code to calculate KIT. The staff safety by opening the P–T operating regulations. Based upon a consideration already accepted the use of Code Case window with the greatest safety benefit of the conservatism that is explicitly N–588 including the modifications in the region of low temperature incorporated into the methodologies of made to the KIT methodology for operations. 10 CFR part 50, appendix G; appendix exemption requests by other licensees. Since the RCS P–T operating window G of the Code; and Regulatory Guide Hence, the licensee may use the is defined by the P–T operating and test 1.99, Revision 2, the staff concludes that methodology in the 1989 Edition of limit curves developed in accordance application of the code cases as ASME Section XI or the methodology with ASME Section XI, Appendix G, described would provide an adequate contained in Code Case N–588 for continued operation of Quad Cities with margin of safety against brittle failure of determining K . IT these P–T curves without the relief the RPV. This is also consistent with the In summary, the ASME Section XI, provided by ASME Code Case N–640 determination that the staff has reached Appendix G, procedure was developed would unnecessarily require the RPV to for other licensees under similar for axially-oriented flaws, which is maintain a temperature exceeding 212 conditions based on the same physically unrealistic and overly degrees Fahrenheit in a limited considerations. Therefore, the staff conservative for postulating flaws of this operating window during the pressure concludes that requesting exemption orientation to exist in circumferential test. Consequently, steam vapor hazards under the special circumstances of 10 welds. Hence, the NRC staff concurs would continue to be one of the safety CFR 50.12(a)(2)(ii) is appropriate and that relaxation of the ASME Section XI, concerns for personnel conducting that the methodology of Code Cases N– Appendix G, requirements by inspections in primary containment. 588 and N–640 may be used to revise application of ASME Code Case N–588 Implementation of the proposed P–T the P–T limits for Quad Cities Nuclear is acceptable and would maintain, curves, as allowed by ASME Code Case Power Station, Units 1 and 2. pursuant to 10 CFR 50.12(a)(2)(ii), the N–640, does not significantly reduce the underlying purpose of the ASME Code IV. margin of safety and would eliminate and the NRC regulations to ensure an steam vapor hazards by allowing Accordingly, the Commission has acceptable margin of safety. inspections in primary containment to determined that, pursuant to 10 CFR Code Case N–640 (Formerly Code Case be conducted at lower coolant 50.12(a), the exemption is authorized by N–626) temperature. Thus, pursuant to 10 CFR law, will not endanger life or property or common defense and security, and is, The licensee has proposed an 50.12(a)(2)(ii), the underlying purpose otherwise, in the public interest. exemption to allow use of ASME Code of the regulation will continue to be Therefore, the Commission hereby Case N–640 in conjunction with ASME served. grants Commonwealth Edison Company Section XI, 10 CFR 50.60(a) and 10 CFR In summary, the ASME Section XI, exemption from the requirements of 10 Part 50, Appendix G, to determine P–T Appendix G, procedure was CFR Part 50, Section 50.60(a) and 10 limits. conservatively developed based on the The proposed amendments to revise level of knowledge existing in 1974 CFR Part 50, Appendix G, for Quad the P–T limits for Quad Cities rely in concerning RPV materials and the Cities Nuclear Power Station, Units 1 part on the requested exemption. These estimated effects of operation. Since and 2. revised P–T limits have been developed 1974, the level of knowledge about these Pursuant to 10 CFR 51.32, an using the Klc fracture toughness curve, topics has been greatly expanded. The environmental assessment and finding in lieu of the Kla fracture toughness NRC staff concurs that this increased of no significant impact has been curve, as the lower bound for fracture knowledge permits relaxation of the prepared and published in the Federal toughness. ASME Section XI, Appendix G, Register (65 FR 5702). Accordingly, Use of the Klc curve in determining requirements by application of ASME based upon the environmental the lower bound fracture toughness in Code Case N–640, while maintaining, assessment, the Commission has the development of P–T operating limits pursuant to 10 CFR 50.12(a)(2)(ii), the determined that the granting of this curve is more technically correct than underlying purpose of the ASME Code exemption will not result in any use of the Kla curve since the rate of and the NRC regulations to ensure an significant effect on the quality of the loading during a heatup or cooldown is acceptable margin of safety. human environment.

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This exemption is effective upon NUCLEAR REGULATORY Columbia County, Oregon. The facility issuance. COMMISSION is permanently shut down and defueled and the licensee is no longer authorized Dated at Rockville, Maryland, this 4th day [Docket No. 40±8968±ML] of February 2000. to operate or place fuel in the reactor. For The Nuclear Regulatory Commission. In the Matter of: Hydro Resources, Inc. II. P.O. Box 15910, Rio Rancho, NM John A. Zwolinski, 87174; Notice of Appointment of Section 50.54(p) of Title 10 of the Director, Division of Licensing Project Adjudicatory Employees Code of Federal Regulations states that Management, Office of Nuclear Reactor ‘‘The licensee shall prepare and Regulation. COMMISSIONERS: maintain safeguards contingency plan [FR Doc. 00–3187 Filed 2–10–00; 8:45 am] Richard A. Meserve, Chairman procedures in accordance with BILLING CODE 7590±01±P Greta J. Dicus appendix C of part 73 of this chapter for Nils J. Diaz effecting the actions and decisions Edward McGaffigan, Jr. contained in the Responsibility Matrix Jeffrey S. Merrifield NUCLEAR REGULATORY of the safeguards contingency plan.’’ COMMISSION Pursuant to 10 CFR 2.4, notice is Part 73 of Title 10 of the Code of hereby given that Messrs. William Von Federal Regulations, ‘‘PHYSICAL Till and John Lusher, Commission [Docket No. 50±313] PROTECTION OF PLANT AND employees of the Office of Nuclear MATERIALS,’’ states that ‘‘This part Entergy Operations, Inc., Arkansas Material Safety and Safeguards, have prescribes requirements for the Nuclear One, Unit 1ÐNotice of Receipt been appointed as Commission establishment and maintenance of a of Application for Renewal of Facility adjudicatory employees within the physical protection system which will meaning of section 2.4. Mr. Von Till Operating License No. DPR±51 for an have capabilities for the protection of will advise the Commission regarding Additional Twenty Year Period special nuclear material at fixed sites issues related to the pending petition for and in transit and of plants in which review of LBP–99–30. Mr. Lusher will The U.S. Nuclear Regulatory special nuclear material is used.’’ advise the Commission regarding issues Commission has received an application Section 73.55 of Title 10 of the Code of related to the pending petition for Federal Regulations, ‘‘Requirements for from Entergy Operations, Inc., dated review of LBP–99–19. Until such time January 31, 2000, filed pursuant to physical protection of licensed activities as a final decision is issued in this in nuclear power reactors against Section 104b of the Atomic Energy Act matter, interested persons outside the of 1954, as amended, and 10 CFR Part radiological sabotage,’’ states that ‘‘The agency and agency employees licensee shall establish and maintain an 54 for renewal of Facility Operating performing investigative or litigating License No. DPR–51, which authorizes onsite physical protection system and functions in this proceeding are security organization which will have as the applicant to operate Arkansas required to observe the restrictions of 10 its objective to provide high assurance Nuclear One, Unit 1 (ANO–1). The CFR 2.780 and 2.781 in their that activities involving special nuclear current operating license for ANO–1 communications with Messrs. Von Till material are not inimical to the common expires on May 20, 2014. ANO–1 is a and Lusher. defense and security and do not pressurized-water reactor designed by It is so ordered. constitute an unreasonable risk to the Babcock and Wilcox and is located in Dated at Rockville, Maryland, this 7th day public health and safety.’’ Pope County, Arkansas. The of February, 2000. By letter dated January 27, 1993, the acceptability of the tendered application For the Commission. licensee informed the NRC that they no for docketing and other matters, Annette Vietti-Cook, longer intend to operate the Trojan including an opportunity to request a Secretary of the Commission. facility and intend to remove all spent hearing, will be the subject of a [FR Doc. 00–3191 Filed 2–10–00; 8:45 am] nuclear fuel from the 10 CFR part 50 subsequent Federal Register notice. BILLING CODE 7590±01±P licensed site. By letter dated January 29, A copy of the application is available 1998, the licensee requested an for public inspection at the exemption from the security Commission’s Public Document Room, NUCLEAR REGULATORY requirements of 10 CFR 50.54(p) and 10 2120 L Street, N.W., Washington, D.C. COMMISSION CFR part 73. 10 CFR 50.54(p) and 10 20037. [Docket No. 50±344] CFR 73.55 provide security requirements to protect the spent fuel Dated at Rockville, Maryland, this the Portland General Electric Company while within the boundary of a licensed fourth day of February 2000. (Trojan Nuclear Plant); Exemption power reactor site. The requested For the Nuclear Regulatory Commission. exemption from the security Christoper I. Grimes, I. requirements for the Trojan Nuclear Chief, License Renewal and Standarization Portland General Electric Company Plant would be effective after the spent Branch, Division of Regulatory Improvement (licensee) is the holder of Facility fuel has been removed from the reactor Programs. Operating License No. NPF–1, which site by the licensee and relocated to the [FR Doc. 00–3186 Filed 2–10–00; 8:45 am] authorizes the licensee to possess the new independent spent fuel storage BILLING CODE 7590±01±M Trojan Nuclear Plant (TNP). The license installation (ISFSI), which is not states, in part, that the facility is subject physically associated with the reactor to all the rules, regulations, and orders site. The new ISFSI has been licensed of the U.S. Nuclear Regulatory under 10 CFR Part 72 for storage Commission (the Commission or NRC) facilities not associated with a reactor now or hereafter in effect. The facility site and possesses an approved physical consists of a pressurized water reactor plan as required by 10 CFR 72.180 and located at the licensee’s site in 10 CFR 73.51.

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Subpart H of 10 CFR Part 72 achieve the underlying purpose of the exemption will not have a significant on establishes requirements for physical rule. Additionally, with the transfer of the quality of the human environment protection for the independent storage the special nuclear material to the ISFSI, (64 FR 46422). of spent nuclear fuel and high-level the 10 CFR part 50 licensed site would This exemption is effective upon radioactive waste and refers to 10 CFR be comparable to a source and completion of the transfer of the spent 73.51 to define the requirements for byproduct licensee in terms of the level nuclear fuel at the Trojan Nuclear Plant physical protection of spent nuclear fuel of security needed to protect the public to the Trojan independent spent fuel stored under a specific license issued health and safety. The continued storage installation. pursuant to 10 CFR part 72. The Trojan application of 10 CFR part 73 security Dated at Rockville, Maryland, this 2nd day ISFSI has an NRC-approved security requirements would cause the licensee of February 2000. plan to protect the spent nuclear fuel to expend significantly more funds for For the Nuclear Regulatory Commission. stored there from radiological sabotage security requirements than other source John A. Zwolinski, and diversion as required by 10 CFR and byproduct facilities. Therefore, Director, Division of Licensing Project part 72, subpart H. compliance with 10 CFR part 73 would Management, Office of Nuclear Reactor Pursuant 10 CFR 50.12, ‘‘Specific result in costs significantly in excess of Regulation. exemptions,’’ the Commission may, those incurred by others similarly [FR Doc. 00–3189 Filed 2–10–00; 8:45 am] upon application by any interested situated. Based on the above, the NRC BILLING CODE 7590±01±P person or upon its own initiative, grant has determined that the removal of all exemptions from the requirements of special nuclear material from the 10 the regulations of these parts, which are CFR part 50 licensed site constitutes NUCLEAR REGULATORY authorized by law, will not present an special circumstances. The security of COMMISSION undue risk to the public health and the special nuclear material will be safety, and are consistent with the maintained following relocation of the Risk-Informed Revisions to Technical common defense and security. spent nuclear fuel to the 10 CFR part 72 Requirements of 10 CFR Part 50 Additionally, 10 CFR 50.12 states that licensed ISFSI since new assurance AGENCY: the Commission will not consider objectives and general performance Nuclear Regulatory granting an exemption to 10 CFR part 50 requirements will be in place to protect Commission. unless special circumstances are the spent fuel by the security ACTION: Notice of public workshop. present. Special circumstances are requirements in 10 CFR part 72. SUMMARY: The Nuclear Regulatory present when application of the Therefore, protection of the special Commission has instructed its staff to regulation in the particular nuclear material will continue following explore changes to specific technical circumstances would not serve the relocation of the spent nuclear fuel from requirements of 10 CFR part 50, to underlying purpose of the rule and the 10 CFR part 50 licensed site. incorporate risk-informed attributes. when compliance would result in costs IV. The staff is studying the ensemble of significantly in excess of those incurred technical requirements contained in 10 Accordingly, the Commission has by others similarly situated. Also, CFR part 50 (and its associated determined that, pursuant to 10 CFR pursuant to 10 CFR 73.5, ‘‘Specific implementing documents, such as 50.12(a), an exemption is authorized by exemptions,’’ the Commission may regulatory guides and standard review law, will not endanger life or property grant exemptions from the regulations plan sections) to (1) identify individual or the common defense and security, in this part as it determines are or sets of requirements potentially and is otherwise in the public interest authorized by law and will not endanger meriting change; (2) prioritize which of based on the continued maintenance of life or property, and are otherwise in the these requirements (or sets of appropriate security requirements for public interest. requirements) should be changed; and the special nuclear material. (3) develop the technical bases to an III. Additionally, special circumstances are extent that is sufficient to demonstrate The Commission has determined that present based on the relocation of the the feasibility of changing the the existing 10 CFR part 73 spent nuclear fuel from the 10 CFR part requirements. This work will result in requirements need to be maintained at 50 site to the 10 CFR part 72 site. recommendations to the Commission on the Trojan Nuclear Plant until the spent Therefore, the Commission hereby specific regulatory changes that should fuel located in the spent fuel pool is grants Portland General Electric be pursued. Public participation in the physically relocated from the defueled Company an exemption from the development of these recommendations site to the new security area at the requirements of 10 CFR 50.54(p) at the will be obtained via workshops, ISFSI. With the completion of the spent Trojan Nuclear Plant. fuel movement into the ISFSI, there will Accordingly, the Commission has information on a web site, and other no longer be any special nuclear determined that, pursuant to 10 CFR means. material located within the 10 CFR part 73.5, an exemption is authorized by law, SUPPLEMENTARY INFORMATION: This 50 licensed site. At that time, the will not endanger life or property or the notice serves as notification of a public potential for radiological sabotage or common defense and security, and is workshop to provide for the exchange of diversion of special nuclear material at otherwise in the public interest based information with all stakeholders the 10 CFR part 50 licensed site would on the maintenance of appropriate regarding the staff’s efforts to risk- be eliminated. The security security requirements for the special inform the technical requirements of 10 requirements of 10 CFR part 73, as nuclear material under the 10 CFR part CFR part 50. The subject of the applicable to a 10 CFR part 50 license 72 license. Therefore, the Commission workshop will be to discuss the site, presume that the purpose of the hereby grants Portland General Electric preliminary work being performed by facility is to possess and utilize special Company an exemption from the the NRC staff on risk-informing the nuclear material. Therefore, the requirements of 10 CFR part 73 at the technical requirements of 10 CFR part continued application of the 10 CFR Trojan Nuclear Plant. 50. The meeting will focus on the part 73 requirements to the Trojan Pursuant to 10 CFR 51.32, the overall framework of the risk-informing facility would no longer be necessary to Commission has determined that this process, the criteria used to identify and

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 7076 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices prioritize candidate regulations and Thursday, February 24, 2000 (1:00 p.m.–5:00 be obtained for $12.00 each from the design basis accidents (DBAs), the p.m.) Superintendent of Documents, results of the staff’s initial efforts in risk- Stakeholder Presentations Government Printing Office, informing two trial implementation Open Discussion: Washington, DC 20402–9325 (telephone issues (i.e., 10 CFR 50.44 and special —Framework for Risk-Informing 202–512–1800), Stock No. 041–001– treatment rules), the preliminary results Regulatory Requirements and DBAs 00540–4. —Process and Criteria for Identifying and of the selection of additional candidate Prioritizing Candidate Regulations and FOR FURTHER INFORMATION CONTACT: requirements and DBAs to be examined, DBAs James Short (telephone: 202–395–3124), and discussion of preliminary issues —Preliminary Results of Selection of Office of Federal Financial associated with the development and Candidate Regulations and DBAs Management, Office of Management and implementation of the entire process. —Trial Implementation of 10 CFR 50.44 Budget, 725 17th Street, N.W., Room —Trial Implementation of Special 6025, Washington, DC 20503. Initial documents covering some of Treatment Requirements the above topics will be available on the SUPPLEMENTARY INFORMATION: This part 50 technical requirements web site Friday, February 25, 2000 (8:00 a.m.–Noon) Notice indicates the availability of the between one and two weeks prior to the Continued Discussion (as needed) seventeenth Statement of Federal workshop and will be placed in the Future Activities Financial Accounting Standards public document room. Each of these Wrap-Up/Summary (SFFAS), ‘‘Accounting for Social documents will contain a list of Location: NRC Auditorium, 11545 Insurance.’’ The standard was preliminary issues for discussion. The Rockville Pike, Rockville, Maryland recommended by the Federal address for the Part 50 technical 20852. Accounting Standards Advisory Board requirements web site is as follows: Registration: No registration fee for (FASAB) and adopted in its entirety by http://nrc-part50.sandia.gov This web workshop; however, notification of the Office of Management and Budget site can also be accessed from the NRC attendance is requested so that adequate (OMB) on November 19, 1999. web site (http://www.nrc.gov), by space, materials, etc., for the workshop Under a Memorandum of selecting ‘‘Nuclear Reactors,’’ and then can be arranged. Notification of Understanding among the General ‘‘Risk-Informed Part 50 (Option 3).’’ attendance should be directed to Alan Accounting Office, the Department of Kuritzky, Office of Nuclear Regulatory The part 50 technical requirements the Treasury, and OMB on Federal Research, MS: T10–E50, U.S. Nuclear web site currently contains some Government Accounting Standards, the Regulatory Commission, Washington, pertinent background information, Comptroller General, the Secretary of D.C. 20555–0001, (301) 415–6255, located under the ‘‘Related Sites’’ page the Treasury, and the Director of OMB email: [email protected]. (e.g., SECY–98–300, SECY–99–256 and decide upon accounting principles and SECY–99–264). FOR FURTHER INFORMATION CONTACT: standards after considering the Alan Kuritzky, Office of Nuclear recommendations of FASAB. After Workshop Meeting Information Regulatory Research, MS: T10–E50, U.S. agreement to specific principles and Nuclear Regulatory Commission, standards, a notice of document The staff intends to conduct a Washington, D.C. 20555–0001, (301) availability is published in the Federal workshop to provide for an exchange of 415–6255, email: [email protected]. Register and distributed throughout the information related to the risk-informed Federal Government. revisions to the technical requirements Dated this 7th day of February 2000. For the Nuclear Regulatory Commission. On September 30, the FASAB of 10 CFR part 50. Persons other than Principals signed a revised MOU Mark A. Cunningham, NRC staff and NRC contractors agreeing that future FASAB statements interested in making a presentation at Probabilistic Risk Analysis Branch, Division of Risk Analysis and Applications, Office of will become final 90 days after FASAB the workshop should notify Alan has submitted a proposed standard to Kuritzky, Office of Nuclear Regulatory Nuclear Regulatory Research. [FR Doc. 00–3188 Filed 2–10–00; 8:45 am] each of the three FASAB Principals, so Research, MS: T10–E50, U.S. Nuclear long as no Principal objects during the BILLING CODE 7590±01±P Regulatory Commission, Washington 90-day period. OMB, GAO, and D.C. 20555–0001, (301) 415–6255, Treasury would continue to have veto email: [email protected]. power over any FASAB action and, in OFFICE OF MANAGEMENT AND Date: February 24–25, 2000. addition, they would maintain their BUDGET Agenda statutory authority to establish and Accounting for Social Insurance adopt accounting standards for the Preliminary agenda is as follows (a final Federal Government. agenda will be available at the workshop): AGENCY: Office of Management and Under this new agreement, FASAB Thursday, February 24, 2000 (8:00 a.m.– Budget. will be responsible for the Federal Noon) ACTION: Notice of document availability. Register notification process for future NRC Presentations: statements. Since this statement and one —Introduction (Background and SUMMARY: This Notice indicates the other were undergoing final review by Objectives) availability of Statement of Federal September 30, they will be processed —Framework for Risk-Informing Financial Accounting Standards under the previous procedures. The Regulatory Requirements and DBAs (SFFAS) No. 17, ‘‘Accounting for Social other statement will be forwarded by —Process and Criteria for Identifying and Insurance.’’ The statement was OMB within the next few weeks for Prioritizing Candidate Regulations and recommended by the Federal publication in the Federal Register. DBAs Accounting Standards Advisory Board Under a Memorandum of —Preliminary Results of Selection of (FASAB) and adopted in its entirety by Candidate Regulations and DBAs Understanding among the General the Office of Management and Budget Accounting Office, the Department of —Trial Implementation of 10 CFR 50.44 (OMB). —Trial Implementation of Special the Treasury, and OMB on Federal Treatment Requirements ADDRESSES: Copies of SFFAS No. 17, Government Accounting Standards, the —Future Activities ‘‘Accounting for Social Insurance,’’ may Comptroller General, the Secretary of

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After 222 West Washington Avenue, Madison, will grant NMC, as their agent, the agreement to specific principles and Wisconsin 53703, a registered holding power and authority to execute, modify, standards, a notice of document company, and its wholly owned public amend or terminate any contracts, availability is published in the Federal utility subsidiary, IES Utilities, Inc. licenses, purchase orders, or permits Register and distributed throughout the (‘‘IES’’), Alliant Tower, Cedar Rapid, relating to the operations of or capital Federal Government. Iowa 52401 (collectively, ‘‘Applicants’’ improvements to a unit. In addition, This Notice is available on the OMB ), have filed a post-effective amendment NMC will make capital improvements to home page on the Internet which is under sections 9(a), 10 and 13(b) of the the NMC Plant Owner’s nuclear plant currently located at http:// Act, and rules 54, 90 and 91 under the facilities, and will perform www.whitehouse.gov/WH/EOP/omb, Act, to an application-declaration decommissioning work required upon under the caption ‘‘Federal Register previously filed under the Act. the retirement of such facilities. Submissions.’’ By order dated October 26, 1999 In accordance with Nuclear Regulatory Commission (‘‘NRC’’) Joshua Gotbaum, (Holding Co. Act Release No. 27096) (‘‘Order’’), the Commission authorized, regulations, the NMC Plant Owners will Executive Associate Director and Controller. transfer operating responsibility for the [FR Doc. 00–3174 Filed 2–10–00; 8:45 am] among other things, Alliant to acquire indirectly a 25% membership interest in nuclear plants to NMC. Following the BILLING CODE 3110±01±U Nuclear Management Company, LLC transfer of operating responsibility to (‘‘NMC’’). NMC was formed for the NMC by NMC Plant Owners, NMC will purpose of consolidating specialized be obligated to obtain and maintain all necessary licenses required by the NRC SECURITIES AND EXCHANGE nuclear power plant employees and and other governmental bodies. Further, COMMISSION resources of IES and certain other unaffiliated nuclear power plant NMC, as supplier of operating services to each NMC Plant Owner, will have [Release No. 35±27132] owners( collectively, ‘‘NMC Plant Owners’’).1 authority to make all decisions relating Filings Under the Public Utility Holding IES was also authorized in the Order to the public health, safety, and security Company Act of 1935, as Amended to enter into a service agreement of the nuclear facilities. The New (``Act'') (‘‘Service Agreement’’) and related Service Agreement also provides that a employee lease agreement with NMC NMC Plant Owner will transfer to NMC DATE: February 4, 2000. whereby IES would provide personnel its on-site non-union employees and Notice is hereby given that the and other resources to NMC, which contractors responsible for the licensed following filing(s) has/have been made would provide certain services obligations of its plant. These rights and responsibilities with the Commission pursuant to (‘‘Services’’) 2 to the NMC Plant Owners, notwithstanding, Applicants note that provisions of the Act and rules including IES, at cost. In addition, NMC the NMC Plant Owners may have promulgated under the Act. All was authorized to offer these Services to reserved certain rights under the New interested persons are referred to the parties other than the NMC Plant Service Agreement. For example, NMC applications(s) and/or declaration(s) for Owners. complete statements of the proposed Applicants now seek authorization to may not, without the prior written transactions(s) summarized below. The enter into a new service agreement approval of a NMC Plant Owner sell, application(s) and/or declarations(s) and (‘‘New Service Agreement’’) whereby encumber or otherwise dispose of any any amendments is/are available for NMC would provide operations, property or equipment which comprises public inspection through the maintenance, capital improvement and any nuclear plant, except to the extent Commission’s Branch of Public decommissioning services (‘‘New replaced by similar equipment or Reference. Services’’) to IES and to enter into property of comparable value. In Interested persons wishing to essentially identical agreements with addition, the NMC Plant Owner has comment or request a hearing on the the other NMC Plant Owners. exclusive authority to direct NMC to applications(s) and/or declaration(s) Applicants also note that NMC may retire a plant and commence should submit their views in writing by admit additional members and/or offer decommissioning activity, to operate a February 28, 2000, to the Secretary, similar types of operating services at plant at a reduced capacity, and to Securities and Exchange Commission, competitive rates to third parties who review and approve contracts that NMC Washington, D.C. 20549–0609, and are not, and whose affiliates are not, may enter into with respect to serve a copy on the relevant applicant(s) members of NMC. acquisitions of equipment, property, and/or declarations(s) at the address(es) Under the New Service Agreement, materials and inventories. Further, each specified below. Proof of service (by NMC will act as agent of IES and each NMC Plant Owner will remain the affidavit or, in case of an attorney at of the other NMC Plant Owners in owner of, and be entitled to all of, the law, by certificate) should be filed with connection with the operation, capacity and energy associated with any the request. Any request for hearing plant it owns. NMC will prepare an annual budget should identify specifically the issues of 1 Alliant indirectly owns undivided interest in for operating expenses and capital facts or law that are disputed. A person two nuclear power facilities, the Kewaunee Nuclear Power Plant (‘‘KNPP’’), located in the Town of improvements for each plant for the who so requests will be notified of any Carlton, Wisconsin, and the Duane Arnold Energy following year. NMC Plant Owners will hearing, if ordered, and will receive a Center (‘‘DAEC’’), located in Palo, Iowa. reimburse NMC for operation costs 3 and coy of any notice or order issued in the 2 The Services provided under the Service capital improvements costs. matter. After February 28, 2000, the Agreement include fuel management, procurement and warehousing, licensing, outage support, quality application(s) and/or declaration(s), as assurance, records management, safety assessment 3 Costs of operation of a plant include salaries and filed or as amended, may be granted and oversight, security, training and special employee benefits, the direct cost of contractors and/or permitted to become effective. projects. Continued

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Applicants state that the New amended and restated stockholders For the Commission by the Division of Services will be provided to IES at cost, agreement (‘‘Stockholders Agreement’’). Investment Management, under delegated as determined in accordance with rules Under the terms of the Stockholders authority. 90 and 91 and all cost of operation will Agreement, Resources would be Margaret H. McFarland, be calculated and allocated in obligated to vote for directors Deputy Secretary. accordance with rules 90 and 91 of the designated by holders of Capstone’s [FR Doc. 00–3168 Filed 2–10–00; 8:45 am] Act. common stock and by holders of certain BILLING CODE 8010±01±M Alliant Energy Corporation, et al. (70– other series of preferred stock. The 9617) Stockholders Agreement terminates on the earlier of April 9, 2007 or upon an SECURITIES AND EXCHANGE Alliant Energy Corporation (‘‘Alliant initial public offering of Capstone COMMISSION Energy’’), a registered holding company, meeting certain standards set forth in [File No. 500±1] and its wholly owned non-utility the Capstone’s Articles of Incorporation. subsidiary, Alliant Energy Resources, The Series G Preferred Stock and Lifekeepers International, Inc.; Order of Inc. (‘‘Resources’’) each with principal other preferred stock currently Suspension of Trading executive offices at 222 West Washington Avenue, Madison, outstanding will automatically convert February 7, 2000. Wisconsin 53703, have filed an into common stock of Capstone, either It appears to the Securities and application under sections 9(a) and 10 on a vote of 75% of Capstone’s preferred Exchange Commission that there is a of the Act and rule 54 of the Act. stockholders or following an initial lack of current and accurate information Alliant Energy’s public utility public offering by Capstone having concerning the securities of Lifekeepers subsidiaries are Wisconsin Power & aggregate gross proceeds of at least $30 International, Inc. (‘‘Lifekeepers’’), Light Company, South Beloit Water, Gas million and an initial offering price at because of questions regarding the and Electric Company, Interstate Power least equal to $8.00 per share. The accuracy of statements of Lifekeepers Company, and IES Utilities Inc. shares of common stock which would and others concerning, among other Collectively, Alliant Energy’s public be received by Resources upon things, Lifekeepers’ financial condition, utility subsidiaries provide public conversion would represent projected financial condition and the utility service to approximately 919,000 approximately six percent of the total status of Lifekeeper’s securities electric and 394,000 retail gas customers number of ourstanding Capstone registration statements. 4 in parts of Wisconsin, Iowa, Minnesota common stock shares. The Commission is of the opinion that and Illinois. Resources serves as the In conjunction with the proposed the public interest and the protection of holding company for substantially all of transaction, Resources and Capstone investors require a suspension of trading Alliant Energy’s energy related and non- also intend to enter into a packaging and in the securities of the above-listed utility investments and subsidiaries. distribution agreement (‘‘Distribution company. Resources is seeking authority to Agreement’’). Under the Distribution Therefore, it is ordered, pursuant to acquire, either directly or indirectly Agreement, Capstone would appoint Section 12(k) of the Securities Exchange through a subsidiary, up to 6,666,666 Resources as a distributor of Capstone Act of 1934, that trading in the above- shares out of a total of 25,000,000 shares products, including completed Micro listed company is suspended for the of Series G Senior Preferred Stock, Turbine assemblies, subassemblies and period from 9:30 a.m. EST, February 8, $0.001 par value per share (‘‘Series G parts (including controls and software) 2000 through 11:59 p.m. EST, on Preferred Stock’’) of Capstone Turbine which are used or will be used by February 22, 2000. Corporation (‘‘Capstone’’), a privately customers in stationary electric power By the Commission. held California corporation. Capstone generation applications. Resources Jonathan G. Katz, designs, fabricates and markets an air- would have the right under the Secretary. bearing based microturbine that is Distribution Agreement, directly or [FR Doc. 00–3292 Filed 2–8–00; 4:53 pm] capable of using various fuels to through subdistributors (which may be BILLING CODE 8010±01±M generate electric power. Capstone’s subsidiaries of Resources), to promote, proprietary microturbine technology, market, sell, install, commission and referred to as the Capstone Micro service Capstone products on either an SECURITIES AND EXCHANGE Turbine TM (‘‘Micro Turbine’’), is exclusive or non-exclusive basis. As a COMMISSION designed for use as an alternative power condition to its appointment as a source in the multi-billion dollar distributor of Capstone products, [Release No. 34±42390; File No. SR± worldwide market for distributed power Resources may also agree to purchase a MBSCC±99±8] generation. The Micro Turbine is specified number of completed Micro Self-Regulatory Organizations; MBS intended for such applications as Turbine system assemblies for resale or standby generation, peak load shaving, Clearing Corporation; Notice of Filing lease. It is contemplated that Resources of Proposed Rule Change Relating to resources recovery and hybrid electric would remarket Capstone products to vehicles. the Electronic Pool Notification Service customers and/or package such Rules The aggregate purchase price ot be products with other products and paid by Resources for the Series G materials manufactured or acquired by February 7, 2000. Preferred Stock would be approximately Resources (or a subsidiary) for ultimate Pursuant to Section 19(b)(1) 1 of the $20 million, or $3.00 per share. In sale to customers. Securities Exchange Act of 1934 (the addition, Resources would be ‘‘Act’’), notice is hereby given that on contractually bound by the terms of an 4 This estimate is based on the number of shares October 20, 1999, MBS Clearing of common stock and preferred stock of Capstone Corporation (‘‘MBSCC’’) filed with the engaged by NMC, all administrative and overhead outstanding on January 27, 2000, and assumes no costs and an allocable portion of the return on and further issuances of preferred stock (other than the Securities and Exchange Commission of the investment by NMC in capital items owned currently approved 25 million shares of Preferred by NMC. Stock to be issued) prior to the conversion date. 1 15 U.S.C. 78s(b)(1).

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(‘‘Commission’’) and on November 8, of an EPN system disruption that results impact on or impose a burden on 1999, amended the proposed rule in a pool notification extension. EPN competition. change as described in Items I, II, and users will be relieved of their obligation III below, which Items have been to process messages through EPN until (C) Self-Regulatory Organization’s prepared by MBSCC. The Commission the beginning of the next business day Statement on Comments on the is publishing this notice to solicit after the EPN system has been recovered Proposed Rule Change Received From comments on the proposed rule change to give them flexibility in such Members, Participants, or Others from interested persons. situations. MBSCC believes, however, No written comments relating to the that if the EPN system recovers during I. Self-Regulatory Organization’s proposed rule change have been a pool notification extension, EPN users Statement of the Terms of Substance of solicited or received. MBSCC will notify will choose to utilize EPN rather than the Proposed Rule Change phone and fax communication to the the Commission of any written The proposed rule change will amend extent possible. comments received by MBSCC. MBSCC’s rules to clarify MBSCC’s The proposed rule change also III. Date of effectiveness of the Proposed procedures when there is a disruption changes Article VIII, Rule 2 of MBSCC’s Rule Change and Timing for in the Electronic Pool Notification Rules, which currently provides that an Commission Action (‘‘EPN’’) service. The proposed rule EPN user may cease to maintain an EPN change will also allow MBSCC members account or withdraw as an EPN user by Within thirty-five days of the date of to terminate their EPN service by giving MBSCC thirty days written notice publication of this notice in the Federal providing MBSCC with written notice prior to termination. The proposed rule Register or within such longer period (i) ten days prior to termination instead of change modifies this provision to as the Commission may designate up to thirty days prior to termination. require written notice ten days prior to ninety days of such date if it finds such II. Self-Regulatory Organization’s termination. MBSCC believes that longer period to be appropriate and Statement of the Purpose of, and written notice ten days prior to publishes its reasons for so finding or Statutory Basis for, the Proposed Rule termination is appropriate and is (ii) as to which the self-regulatory Change consistent with the notice of organization consents, the Commission termination provision contained in will: In its filing with the Commission, MBSCC’s rules governing its MBSCC included statements concerning comparison and clearing services. (A) by order approve such proposed the purpose of and basis for the The proposed rule change also will: rule change or • proposed rule change and discussed any Delete references in the cover page (B) institute proceedings to determine comments it received on the proposed and in Article VI, Rule 1 of MBSCC’s whether the proposed rule change rule change. The text of these statements Rules to the ‘‘EPN Division’’ because should be disapproved. may be examined at the places specified while EPN is a separate service from the in Item IV below. MBSCC has prepared comparison and clearing service, it is IV. Solicitation of Comments summaries, set forth in sections (A), (B), not a separately constituted division. and (C) below, of the most significant • Replace references in Article VI, Interested persons are invited to aspects of such statements.2 Rule 1 of MBSCC’s Rules to ‘‘Federal submit written data, views, and National Mortgage Association’’ with arguments concerning the foregoing, (A) Self-Regulatory Organization’s ‘‘Fannie Mae’’ to reflect the name including whether the proposed rule Statement of the Purpose of, and change of such organization. change is consistent with the Act. Statutory Basis for, the Proposed Rule • Renumber the rules contained in Persons making written submissions Change Article IX that were inadvertently should file six copies thereof with the Currently, Article VIII, Rule 1, Section misnumbered and makes corresponding Secretary, Securities and Exchange 3(d) of MBSCC’s Rules requires EPN changes to cross-references to such rules Commission, 450 Fifth Street NW, users to utilize the EPN service for all and to the table of contents. Washington, DC 20549–0609. Copies of • messages relating to EPN eligible Add Managing Director to Article X, the submission, all subsequent securities except for messages that Rules 1 and 3 as a person who may take amendments, all written statements MBSCC specifically exempts in the EPN certain actions with respect to certain with respect to the proposed rule procedures and messages that both actions taken by MBSCC. change that are filed with the parties agree not to send through the • Renumber the EPN portion of Commission, and all written EPN service. The proposed rule change MBSCC’s Rules with consecutive page makes explicit that in the event of an numbers throughout rather than page communications relating to the EPN system disruption and an extension numbers by article for ease of reference. proposed rule change between the of the cut-off times for communicating MBSCC believes that the proposed Commission and any person, other than pool allocation information pursuant to rule change is consistent with the those that may be withheld from the The Bond Market Association requirements of Section 17A(b)(3)(F) of public in accordance with the Guidelines, EPN users will be relieved the Act and the rules and regulations provisions of 5 U.S.C. 552, will be of their obligation to process messages thereunder because the proposal is available for inspection and copying in through the EPN service until the designed to promote the prompt and the Commission’s Public Reference beginning of the next business day after accurate clearance and settlement of Room in Washington, D.C. Copies of the EPN system has been recovered. securities transactions and, in general, such filing will also be available for This modification is intended to to protect investors and the public inspection and copying at the principal confirm an EPN’s user’s ability to revert interest. office of the above-mentioned self- to phone and fax communication of (B) Self-Regulatory Organization’s regulatory organization. All submissions pool allocation information in the event Statement on Burden on Competition should refer to File No. SR–MBSCC–99– 8 and should be submitted by March 3, 2 The Commission has modified the text of the MBSCC does not believe that the 2000. summaries prepared by MBSCC. proposed rule change will have an

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For the Commission by the Division of During or in Relation to Certain Crimes), In December 1999, the Commission Market Regulation, pursuant to delegated and 4B1.2 (Definitions of Terms Used in published three options for authority.3 Section 4B1.1) to respond to promulgating an emergency amendment Margaret H. McFarland, amendments to 18 U.S.C. 924(c) made to § 2B5.3 (Criminal Infringement of Deputy Secretary. by Public Law 105–386, and issues for Copyright and Trademark) and [FR Doc. 00–3169 Filed 2–10–00; 8:45 am] comment; (D) issue for comment accompanying commentary to BILLING CODE 8010±01±M regarding whether, and in what manner implement the NET Act directive. See the Commission should address five 64 FR 72,129, Dec. 23, 1999. The issues of circuit conflict; and (E) Commission has received, and is UNITED STATES SENTENCING proposed technical and conforming considering, public comment on those COMMISSION amendments to various guidelines. three options. The Commission intends DATES: (1) Proposed Permanent NET Act to promulgate a temporary, emergency Sentencing Guidelines for United Amendment.— Public comment guideline amendment not later than States Courts supplementary to any public comment April 6, 2000 (pursuant to the already received on the NET Act legislation), but not earlier than March AGENCY: United States Sentencing pursuant to the notice of proposed 23, 2000 (the date of the public hearing). Commission. temporary amendment (see 64 FR An emergency guideline amendment ACTION: Notice of (1) intent to 72,129, Dec. 23, 1999) should be must be re-promulgated as a permanent promulgate a permanent amendment to received by the Commission not later amendment or it becomes ineffective implement the No Electronic Theft than March 10, 2000; (2) Additional upon the expiration of the congressional (NET) Act of 1997 after any temporary, proposed permanent amendments and review period of the Commission’s next emergency guideline amendment is issues for comment.—Public comment amendment report to Congress (180 promulgated to implement that Act; and should be received by the Commission days from the day the Commission (2) additional proposed permanent not later than March 10, 2000; (3) Public submits the report to Congress). amendments to the sentencing hearing.—The Commission has Accordingly, the Commission also guidelines, policy statements, and scheduled a public hearing for March intends to make permanent any commentary. Request for comment. 23, 2000, at 9:30 a.m., at the Thurgood temporary, emergency guideline Notice of public hearing. Marshall Federal Judiciary Building, amendment it promulgates to One Columbus Circle, NE, Washington, implement the NET Act. SUMMARY: (1) The Commission is Recognizing that some interested considering making permanent any DC 20002–8002. A person who desires to testify at the public hearing should members of the public have already temporary, emergency guideline commented on the proposed temporary amendment that it may promulgate to notify Michael Courlander, Public Affairs Officer, at (202) 502–4590 not amendments, the Commission invites implement the NET Act. The any other additional, supplementary Commission is required to promulgate later than March 10, 2000. Written testimony for the hearing must be comment regarding whether it should an emergency guideline amendment not make any such amendment permanent. received by the Commission not later later than April 6, 2000. It is the intent See 64 FR 72,129, Dec. 23, 1999. than March 16, 2000. Submission of of the Commission subsequently to (2) Additional Proposed Permanent make that amendment a permanent written testimony is a requirement for Amendments.—The proposed amendment to the sentencing guidelines testifying at the public hearing. amendments are presented in one of two not later than May 1, 2000. FOR FURTHER INFORMATION CONTACT: formats. First, the amendments are (2) The Commission also gives notice Michael Courlander, Public Affairs proposed as specific revisions to the of the following: (A) proposed Officer, Telephone: (202) 502–4590. For relevant guidelines and accompanying amendments to §§ 2A3.1 (Criminal further information concerning commentary. Bracketed text within a Sexual Abuse), 2A3.2 (Criminal Sexual implementation of the NET Act, contact proposed amendment indicates a Abuse of a Minor (Statutory Rape)), Kenneth Cohen, Director of Legislative heightened interest on the 2A3.3 (Criminal Sexual Abuse of a Affairs: (202) 502–4523. Commission’s part for comment and Ward), 2A3.4 (Abusive Sexual Contact), SUPPLEMENTARY INFORMATION: (1) suggestions for alternative policy 2G1.1 (Promoting Prostitution or Proposed Permanent NET Act choices; for example, a proposed Prohibited Sexual Contact), 2G2.2 Amendment.—The NET Act directs the enhancement of [2] levels indicates that (Trafficking in Material Involving the Commission to: (A) ensure that the the Commission is considering, and Sexual Exploitation of a Minor), 2G2.4 applicable guideline range for a crime invites comment on, alternative policy (Possession of Materials Depicting a committed against intellectual property choices regarding the appropriate level Minor Engaged in Sexually Explicit (including offenses set forth at section of enhancement. Similarly, bracketed Conduct), and 2G3.1 (Importing, 506(a) of title 17, United States Code, text within a specific offense Mailing, or Transporting Obscene and sections 2319, 2319A, and 2320 of characteristic or application note means Matter) in order to implement the title 18, United States Code) is that the Commission invites comment directives to the Commission contained sufficiently stringent to deter such a on whether the proposed provision is in the Protection of Children from crime; and (B) ensure that the guidelines appropriate. Second, the Commission Sexual Predators Act of 1998, and issues provide for consideration of the retail has highlighted certain issues for for comment; (B) proposed amendments value and quantity of the items with comment and invites suggestions for to § 2F1.1 (Fraud and Deceit) to respect to which the intellectual how the Commission should respond to implement the directives contained in property offense was committed. The those issues. the Wireless Fraud Protection Act, and NET Act, as clarified by the Digital (3) Public Hearing.—The scope of the issues for comment; (C) proposed Theft Deterrence and Copyright hearing is expected to include: (A) the amendments to §§ 1B1.1 (Application Damages Improvement Act of 1998, proposed amendment options to Instructions), 2K2.4 (Use of Firearms requires the Commission to promulgate provide a temporary, emergency a temporary, emergency guideline amendment to implement the NET Act 3 17 CFR 200.30–3(a)(12). amendment not later than April 6, 2000. previously published in the Federal

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Register (64 FR 72129, Dec. 23, 1999); (E) to clarify that the term obscene matter to a minor in order to and (B) all permanent amendments that ‘‘distribution of pornography’’ applies to entice that minor to engage in are proposed for action in this the distribution of pornography for both prohibited sexual conduct. amendment cycle ending May 1, 2000 monetary remuneration and a non- An issue for comment is presented (including any emergency NET Act pecuniary interest. regarding whether the distribution amendment that is proposed to be made The Act also required the enhancement in § 2G3.1(b)(1) should permanent). For additional proposed Commission, in carrying out these include distribution between or among amendments to the sentencing directives, to ensure reasonable adults that does not involve the receipt, guidelines previously published by the consistency with other guidelines, and or expectation of receipt, of anything of Commission, see 64 FR 72129, Dec. 23, avoid duplicative punishment under the value. An issue for comment is also 1999; and 65 FR 2663, Jan. 18, 2000. guidelines for substantially the same presented regarding whether the current (4) Reports and other information offense. In addition, the Act contained enhancement’s reference to the loss pertaining to proposed amendments, two new crimes: (A) an offense, at 18 table in the fraud guideline should be including the proposed amendment to U.S.C. 2425, for the transmittal of deleted. Currently, the distribution implement the NET Act, may be identifying information about minors for enhancement requires the court to accessed through the Commission’s criminal sexual purposes (which carries increase the overall offense level by the website at www.ussc.gov. a 5-year statutory maximum term of number of offense levels from the fraud imprisonment); and (B) an offense, at 18 Authority: 28 U.S.C. 994 (a), (o), (p); USSC loss table corresponding to the retail Rules of Practice and Procedure 4.3, 4.4, and U.S.C. 1470, for the transfer of obscene value of the material involved in the 4.5. materials to minors (which carries a 10- offense, but in any event not less than year statutory maximum term of 5 levels. Diana E. Murphy, imprisonment). Chair. This amendment presents options to Proposed Amendment: address the new offense of transferring Proposed Permanent Amendment to Section 2G3.1 is amended in the title obscene materials to minors and to Implement the Net Act by adding at the end ‘‘, Transferring implement the directives to account for Obscene Matter to a Minor’’. (1) Synopsis of Proposed Amendment: nonpecuniary distribution of child Section 2G3.1(b) is amended by For further information about the Net pornography and to provide striking subdivision (1) in its entirety Act and proposed amendment options enhancements for computer use and and inserting the following: to implement the NET Act, see 64 FR misrepresentation of identity. Issues for ‘‘(1) (Apply the greatest.) If the offense 72129 December 23, 1999. comment follow on how best to involved: implement the directive to provide an Proposed Amendment: Protection of (A) Distribution for pecuniary gain, enhancement for Chapter 117 offenses, Children Against Sexual Predators Act increase by the number of levels from to implement the directive to provide an the table in § 2F1.1 corresponding to the (2) Synopsis of Proposed Amendment: enhancement for a pattern of activity of retail value of the material, but in no This proposed amendment responds to sexual abuse and exploitation, and to event by less than 5 levels. the Protection of Children from Sexual address the new offense of using (B) Distribution for the receipt, or Predators Act of 1998, Pub. L. 105–314. interstate facilities to transmit expectation of receipt, of a thing of The Act contained the following identifying information about minors for value, but not for pecuniary gain, directives to the Commission: criminal sexual purposes. increase by [5] levels. (A) to provide a sentencing (C) Any distribution to a minor, Part (A): The New Offense of Prohibiting enhancement for offenses under Chapter increase by [5] levels. If the distribution Transfer of Obscene Materials to a 117 of title 18 (relating to the to a minor was intended to persuade, Minor transportation of minors for illegal induce, entice, coerce, or facilitate the sexual activity) while ensuring that the Synopsis of Proposed Amendment: transport of, the minor to engage in sentences, guidelines, and policy This amendment addresses the new prohibited sexual conduct, increase by statements for offenders convicted of offense at 18 U.S.C. 1470, which makes an additional [2] levels.’’. such offenses are appropriately severe it unlawful to transfer obscene materials The Commentary to § 2G3.1 captioned and reasonably consistent with the other to a minor. The statutory maximum for ‘‘Statutory Provisions’’ is amended by relevant directives and the relevant the offense is 10 years imprisonment. inserting ’’, 1470’’ after ‘‘1466’’. existing guidelines; The amendment proposes to reference The Commentary to § 2G3.1 captioned (B) to provide for appropriate the offense in the Statutory Index ‘‘Application Note’’ is amended by enhancement if the defendant used a (Appendix A) to the guideline covering striking Application Note 1 in its computer with the intent to persuade, the importing, mailing, or transporting entirety and inserting the following: induce, entice, coerce, or facilitate the of obscene matter, § 2G3.1. ‘‘1. For purposes of this guideline— transport of a child to engage in any The amendment proposes to modify ‘Distribution’ means any act, prohibited sexual activity; the distribution enhancement in including production, transportation, (C) to provide for appropriate § 2G3.1(b)(1) to define distribution of and possession with intent to distribute, enhancement if the defendant obscene matter to mean any act, related to distribution of obscene matter. knowingly misrepresented his/her including production, transportation, ‘Distribution for pecuniary gain’ actual identity with the intent to and possession with intent to distribute, means distribution for profit. persuade, induce, entice, coerce, or related to (i) distribution for pecuniary ‘Distribution for the receipt, or facilitate the transport of a child to gain (i.e., for profit); (ii) distribution for expectation of receipt, of a thing of engage in any prohibited sexual activity; the receipt, or expectation of receipt, of value, but not for pecuniary gain’ means (D) to provide for appropriate anything of value, but not for pecuniary any transaction, including bartering or enhancement in any case in which the gain; and (iii) any knowing distribution other in-kind transaction, that is defendant engaged in a pattern of to a minor. An additional 2-level conducted for a thing of value, but not activity involving the sexual abuse or enhancement is proposed if the offense for profit. ‘Thing of value’ means exploitation of a minor; and involved the knowing transfer of anything of valuable consideration.

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‘Distribution to a minor’ means the addition, is there aggravating and/or pecuniary gain and any nonpecuniary knowing distribution to an individual mitigating conduct that might be interest. The amendment modifies the who is a minor at the time of the associated with the new offense, and if distribution enhancement in the offense, knowing or believing the so, how should the guidelines take this pornography trafficking guideline, individual is a minor at that time. conduct into account? § 2G2.2(b)(2), to define distribution of ‘Minor’ means an individual who has child pornography to mean any act, Part (C): Clarification of the Term not attained the age of [18] years. including production, transportation, ‘‘Item’’ in the Enhancement in § 2G2.4 ‘Prohibited sexual conduct’ means and possession with intent to distribute, for Possession of 10 or More Items of any sexual activity for which a person related to (i) distribution for pecuniary Child Pornography can be charged with a criminal offense, gain (i.e., for profit); (ii) distribution for including the production of child Synopsis of Proposed Amendment: the receipt, or expectation of receipt, of pornography, as defined in 18 U.S.C. This amendment proposes to add anything of value, but not for pecuniary 2256(8).’’. commentary language to the guideline gain; and (iii) any knowing distribution Appendix A (Statutory Index) is covering possession of child to a minor. An additional 2-level amended by inserting after the line pornography, § 2G2.4, to clarify whether enhancement is proposed if the offense referenced to ‘‘18 U.S.C. 1468’’ the an individual computer file (as opposed involved the knowing transfer of child following new line: to disk on which it and many other files pornography to a minor in order to ‘‘18 U.S.C. 1470 2G3.1’’ may be located) is an ‘‘item’’ of child entice that minor to engage in Issues for Comment: The Commission pornography for purposes of the prohibited sexual conduct. invites comment on whether it should enhancement in § 2G2.4(b)(2), which An issue for comment is presented include an enhancement in § 2G3.1(b)(1) provides a 2-level increase if more than for distribution of obscene matter that regarding whether the distribution 10 items of child pornography are enhancement in § 2G2.2(b)(2) should does not involve distribution for possessed. Four circuits have held that pecuniary gain, for anything of value, or include distribution between or among an individual computer file does qualify adults that does not involve the receipt, to a minor. For example, should an as an item for purposes of the enhancement be provided if an adult or expectation of receipt, of anything of enhancement. An issue for comment value. An issue for comment is also gives obscene matter to another adult follows on how items should be and receives, or expects to receive, presented regarding whether to delete quantified for purposes of the the current enhancement’s reference to nothing in return? If so, what should be enhancement. the extent of the enhancement? the loss table in the fraud guideline, The Commission invites comment Proposed Amendment whether to maintain the minimum 5- regarding whether the reference in level increase for distribution for The Commentary to § 2G2.4 is pecuniary gain, and whether to provide § 2G3.1(b)(1) to the loss table in the amended by adding at the end the fraud guideline should be deleted. for an upward departure for especially following: large-scale commercial enterprises. Currently, the enhancement for ‘‘Application Note: distribution at § 2G3.1(b)(1) requires the 1. A computer file containing a visual Currently, the enhancement for court to increase the overall offense depiction involving the sexual distribution at § 2G2.2(b)(2) requires the level by the number of offense levels exploitation of a minor shall be court to increase the overall offense from the fraud loss table corresponding considered to be one item for purposes level by the number of offense levels to the retail value of the material of subsection (b)(2). Accordingly, if a from the fraud loss table corresponding involved in the offense, but in any event computer disk contains, for example, to the retail value of the material not less than 5 levels. Should the three separate files, each of which involved in the offense, but in any event Commission maintain the minimum 5- contains one or more such visual not less than 5 levels. level increase for distribution for depictions, then those files would be Proposed Amendment pecuniary gain and provide an upward counted as three items for purposes of Section 2G2.2(b) is amended by departure for especially large-scale that subsection.’’. commercial enterprises? Issue for Comment: The Commission striking subdivision (2) in its entirety invites comment on how items of child and inserting the following: Part (B): The New Offense of Prohibiting pornography should be quantified for ‘‘(2) (Apply the greatest.) If the offense Transmittal of Identifying Information purposes of the enhancement in involved: about a Minor for Criminal Sexual § 2G2.4(b)(2), which provides a 2-level (A) Distribution for pecuniary gain, Purposes increase if more than 10 items of child increase by the number of levels from Issue for Comment: The Commission pornography are possessed. Should, for the table in § 2F1.1 corresponding to the invites comment on whether and how it example, a book or computer file retail value of the material, but in no should amend the guidelines to cover containing 300 visual depictions of event by less than 5 levels. the new offense, at 18 U.S.C. 2425, child pornography be counted as one (B) Distribution for the receipt, or which prohibits the use of the mail or item, or as three items, or as some other expectation of receipt, of a thing of any facility or means of interstate number of items? value, but not for pecuniary gain, commerce to knowingly transmit increase by [5] levels. identifying information about a minor Part (D): The Directive to Clarify That (C) Any distribution to a minor, with the intent to entice, encourage, ‘‘Distribution of Pornography’’ Applies increase by [5] levels. If the distribution offer, or solicit anyone to engage in to the Distribution of Pornography for to a minor was intended to persuade, prohibited sexual activity. Should the Both Monetary Remuneration and a induce, entice, coerce, or facilitate the Commission reference the new offense Non-Pecuniary Interest transport of, the minor to engage in in the Statutory Index to the guideline Synopsis of Proposed Amendment: prohibited sexual conduct, increase by covering the promotion of prohibited This amendment addresses the Act’s an additional [2] levels.’’. sexual conduct, § 2G1.1? Are there other directive to clarify that the term The Commentary to § 2G2.2 is guidelines to which the new offense ‘‘distribution of pornography’’ applies to amended in Application Note 1 by might appropriately be referenced? In the distribution of pornography for both striking ‘‘ ‘Distribution’ includes’’ and

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Commentary to § 3B1.1 (Aggravating computer with the intent to persuade, ‘Distribution for pecuniary gain’ Role). induce, entice, coerce, or facilitate the means distribution for profit. ‘Prohibited sexual conduct’ means transport of a child to engage in any any sexual activity for which a person ‘Distribution for the receipt, or prohibited sexual activity; and (ii) can be charged with a criminal offense, expectation of receipt, of a thing of provide for appropriate enhancement if including the production of child value, but not for pecuniary gain’ means the defendant knowingly pornography, as defined in 18 U.S.C. any transaction, including bartering or misrepresented his/her actual identity § 2256(8).’’. other in-kind transaction, that is with the intent to persuade, induce, Section 2A3.2(b) is amended by conducted for a thing of value, but not entice, coerce, or facilitate the transport striking ‘‘Characteristic’’ and inserting for profit. ‘Thing of value’ means of a child to engage in any prohibited ‘‘Characteristics’; and by adding at the anything of valuable consideration. For sexual conduct. end the following subdivision: example, in a case involving the The amendment proposes to ‘‘(2) If[, to persuade, induce, entice, bartering of child pornographic implement these directives by providing coerce, or facilitate the transport of, a material, the ‘thing of value’ is the child a [2]-level enhancement in the sexual child to engage in prohibited sexual pornographic material received in abuse guidelines, §§ 2A3.1–2A3.4, and conduct,] the offense involved: (A) the exchange for other child pornographic the prostitution and promotion of use of a computer, or other means, to material bartered in consideration for prohibited sexual conduct guideline, communicate with the minor the material received. § 2G1.1, for either the use of a computer, electronically, or (B) the knowing or other means, to contact the minor misrepresentation of a participant’s ‘Distribution to a minor’ means the electronically or the misrepresentation knowing distribution to an individual identity, increase by [2] levels.’’. of a criminal participant’s identity with The Commentary to § 2A3.2 captioned who is a minor at the time of the the intent to persuade, induce, entice, ‘‘Application Notes’’ is amended by offense, knowing or believing the coerce, or facilitate the transport of a redesignating Notes 1 through 4 as individual is a minor at that time. child to engage in any prohibited sexual Notes 2 through 5, respectively; and by ‘Minor’ means an individual who has conduct. The amendment also contains inserting before Note 2, as redesignated not attained the age of [18] years. an option, shown in brackets, to delete by this Amendment, the following new the language in the proposed ‘Prohibited sexual conduct’ means Note 1: enhancement requiring the motive to ‘‘1. For purposes of this guideline— any sexual activity for which a person ‘‘persuade, induce, entice, coerce, or can be charged with a criminal offense, ‘Minor’ means an individual who has facilitate the transport of, the minor to not attained the age of [18] years. including the production of child engage in prohibited sexual activity’’. ‘Participant’ has the meaning given pornography, as defined in 18 U.S.C. Although the proposed enhancement that term in Application Note 1 of the § 2256(8).’’. combines these two factors as Commentary to § 3B1.1 (Aggravating Issues for Comment: The Commission alternative triggers for the enhancement, Role). invites comment on whether it should the Commission could choose to ‘Prohibited sexual conduct’ has the include an enhancement in § 2G2.2(b)(2) provide separate, cumulative meaning given that term in Application for distribution of child pornographic enhancements for these two types of Note 1 of the Commentary to § 2A3.1 material that does not involve offense conduct. (Criminal Sexual Abuse).’’. distribution for pecuniary gain, for An issue for comment follows Section 2A3.3 is amended by anything of value, or to a minor. For regarding whether the Commission inserting after subsection (a) the example, should an enhancement be should add an enhancement to the child following subsection: pornography production and trafficking provided if an adult gives child ‘‘(b) Specific Offense Characteristic guidelines for misrepresentation of the (1) If[, to persuade, induce, entice, pornographic material to another adult defendant’s identity or the identity of coerce, or facilitate the transport of, a and receives, or expects to receive, any other participant in the criminal child to engage in prohibited sexual nothing in return? If so, what should be conduct. conduct,] the offense involved: (A) the the extent of the enhancement? use of a computer, or other means, to Proposed Amendment The Commission also invites communicate with the minor comment regarding whether the Section 2A3.1(b) is amended by electronically; or (B) the knowing reference in § 2G2.2(b)(2) to the loss adding at the end the following misrepresentation of a participant’s table in the fraud guideline should be subdivision: identity, increase by [2] levels.’’. deleted. Currently, the enhancement for ‘‘(6) If [, to persuade, induce, entice, The Commentary to § 2A3.3 captioned distribution at § 2G2.2(b)(2) requires the coerce, or facilitate the transport of, a ‘‘Application Notes’’ is amended by court to increase the overall offense minor to engage in prohibited sexual striking Note 1 in its entirety and level by the number of offense levels conduct,] the offense involved: (A) the inserting the following: from the fraud loss table corresponding use of a computer, or other means, to ‘‘1. For purposes of this guideline— to the retail value of the material communicate with the minor ‘Minor’ means an individual who has electronically; or (B) the knowing involved in the offense, but in any event not attained the age of [18] years. misrepresentation of a participant’s ‘Participant’ has the meaning given not less than 5 levels. identity, increase by [2] levels.’’. that term in Application Note 1 of the

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Commentary to § 3B1.1 (Aggravating pornography production guideline, directives and the relevant existing Role). § 2G2.1 (Sexually Exploiting a Minor by guidelines.’’ The Commission invites ‘Prohibited sexual conduct’ has the Production of Sexually Explicit Visual comment on how to most appropriately meaning given that term in § 2A3.1 or Printed Material), should be modified implement this directive. (Criminal Sexual Abuse). to cover, in addition to the use of a (2) Specifically, the Commission ‘Ward’ means a person in official computer, the misrepresentation of a invites comment on whether, and to detention under the custodial, criminal participant’s identity to solicit what extent, it should amend § 2G1.1 supervisory, or disciplinary authority of a minor’s participation in sexually (Promoting Prostitution or Prohibited the defendant.’’. explicit conduct to produce sexually Sexual Conduct) and the guidelines Section 2A3.4(b) is amended by explicit material. In addition, the covering sexual abuse, §§ 2A3.1 adding at the end the following Commission invites comment on (Criminal Sexual Abuse), 2A3.2 subdivision: whether the guideline covering (Criminal Sexual Abuse of a Minor ‘‘(4) If[, to persuade, induce, entice, trafficking child pornography, § 2G2.2 (Statutory Rape)), 2A3.3 (Criminal coerce, or facilitate the transport of, a (Trafficking in Material Involving the Sexual Abuse of a Ward), and 2A3.4 child to engage in prohibited sexual Sexual Exploitation of a Minor) should (Abusive Sexual Contact), to provide an conduct,] the offense involved (A) the also contain an enhancement for enhancement if the offense involved the use of a computer, or other means, to misrepresentation of a criminal transportation, persuasion, inducement, communicate with the minor participant’s identity. enticement, or coercion of a child to electronically; or (B) the knowing The Commission also invites engage in prohibited sexual conduct. Do misrepresentation of a participant’s comment regarding the appropriate enhancements proposed to be added for identity, increase by [2] levels.’’. scope of any enhancement for the use of use of a computer, or other means, to The Commentary to § 2A3.4 captioned a computer, or other means, to communicate with the minor ‘‘Application Notes’’ is amended by communicate electronically with a electronically and/or misrepresentation redesignating Notes 1 through 5 as minor. Specifically, the Commission of a criminal participant’s identity Notes 2 through 6, respectively, and invites comment regarding whether the sufficiently provide an appropriate inserting before Note 2, as redesignated enhancement should incorporate the enhancement, or is an additional by this amendment the following as the definitions of ‘‘electronic enhancement for other aggravating new Note 1: communication’’ and/or ‘‘wire conduct needed? ‘‘1. For purposes of this guideline— communication’’ as those terms are (3) The Act also increased statutory ‘Minor’ means an individual who has defined in 18 U.S.C. 2510(12) and (1), penalties, from a maximum term of not attained the age of [18] years. respectively. imprisonment of 10 years to a maximum ‘Participant’ has the meaning given term of imprisonment of 15 years, for that term in Application Note 1 of the Parts (F) and (G): Issues for Comment on offenses under 18 U.S.C. 2423(a), Commentary to § 3B1.1 (Aggravating the Directives To Provide an relating to the transportation of a minor Role). Enhancement for Chapter 117 Offenses with the intent to engage in illegal ‘Prohibited sexual conduct’ has the and for Sex Offenses Involving a Pattern sexual activity, and § 2423(b), relating to meaning given that term in Application of Activity travel with intent to engage in a sexual Note 1 of the Commentary to § 2A3.1 Due to the complexity of the issues act with a juvenile. Convictions under (Criminal Sexual Abuse).’’. involved in implementing the directives 18 U.S.C. 2423(a) are currently Section 2G1.1(b) is amended by described in the following issues for referenced in the Statutory Index to adding at the end the following comment, the Commission may not be § 2G1.1 (Promoting Prostitution or subdivision: able to complete all work necessary to Prohibited Sexual Conduct). ‘‘(4) If [, to persuade, induce, entice, promulgate amendments on these issues Convictions under 18 U.S.C. 2423(b) are coerce, or facilitate the transport of, a in this amendment cycle ending May 1, currently referenced in the Statutory child to engage in prohibited sexual 2000. Recognizing the importance of Index to §§ 2A3.1 (Criminal Sexual conduct,] the offense involved (A) the responding to these directives as soon as Abuse), 2A3.2 (Criminal Sexual Abuse use of a computer, or other means, to possible but also acknowledging the of a Minor (Statutory Rape)), and 2A3.3 communicate with the minor possibility that the Commission may not (Criminal Sexual Abuse of a Ward). A electronically; or (B) the knowing promulgate amendments on these issues concern raised by Congress and misrepresentation of a participant’s until the next amendment cycle, the prosecutors is that sentences under identity, increase by [2] levels.’’. Commission invites the public to § 2A3.2 do not necessarily reflect the The Commentary to § 2G1.1 captioned comment on the following additional seriousness of the conduct involved and ‘‘Application Notes’’ is amended in issues. the harm done to minor victims. Note 1 by inserting after ‘‘For purposes Although that guideline was originally of this guideline—’’ the following: Part (F): Enhancement for Chapter 117 intended to cover defendants who ‘‘ ‘Minor’ means an individual who Offenses engage in consensual sex with an has not attained the age of [18] years. Issues for Comment: underage partner, it is increasingly ‘Participant’ has the meaning given (1) The Protection of Children from being used to cover offenses involving that term in Application Note 1 of the Sexual Predators Act of 1998 directed more serious conduct, such as those Commentary to § 3B1.1 (Aggravating the Commission to ‘‘provide a involving force, violent threats, or Role). sentencing enhancement for offenses incapacitating intoxicants. ‘Prohibited sexual conduct’ has the under Chapter 117 of Title 18 (relating In light of these concerns and the meaning given that term in Application to the transportation of minors for increased statutory penalties, the Note 1 of the Commentary to § 2A3.1 illegal sexual activity) while ensuring Commission invites comment on (Criminal Sexual Abuse).’’. that the sentences, guidelines, and whether it should amend the base Issue for Comment: The Commission policy statements for offenders offense level in § 2G1.1 and/or §§ 2A3.1, invites comment regarding whether the convicted of such offenses are 2A3.2, 2A3.3, and/or 2A3.4, to provide enhancement for use of a computer in appropriately severe and reasonably for an increase of 2 or 4 levels and/or subsection (b)(3) of the child consistent with the other relevant provide an enhancement of 2 or 4 levels

VerDate 272000 22:23 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7085 if the offense involved conduct enhancement in any case in which the the transportation of minors for illegal punishable under 18 U.S.C. 2423. Many defendant engaged in a pattern of sexual activity) in addition to conduct of the cases prosecuted under 18 U.S.C. activity involving the sexual abuse or involving sexual abuse and sexual 2423 are sentenced under § 2A3.2, exploitation of a minor. The exploitation? What would be the either directly or as a result of a cross Commission invites comment on how to appropriate extent of the enhancement? reference to that guideline in § 2G1.1. In most appropriately implement this (3) Should the Commission addition, the Commission invites directive. Specifically, the Commission implement the directive by creating a comment on whether it should amend invites comment on the following new guideline in Chapter Four the Statutory Index (Appendix A) to issues: (Criminal History) for sexual offenders, reference 18 U.S.C. 2423(a) and (b) (1) Should the Commission similar to § 4B1.3 (Criminal Livelihood), offenses to § 2A3.4 (Abusive Sexual implement the directive through an which provides a minimum offense Contact) in addition to the other upward departure provision for a level for defendants who commit the guidelines currently referenced for those ‘‘pattern of activity’’? Specifically, offense as part of a pattern of criminal offenses in the Statutory Index. should the Commission expand the kind conduct engaged in as a livelihood? Alternatively, should offenses for 18 of prior sexual offenses that would Creation of a guideline in Chapter Four U.S.C. 2423(a) and (b) both be warrant application of the encouraged would make the new provision referenced to § 2G1.1 (Promoting upward departure currently found in applicable to all defendants sentenced Prostitution and Prohibited Sexual the guidelines covering sexual abuse, under the guidelines, not just to Conduct)? §§ 2A3.1 (Criminal Sexual Abuse), defendants convicted of offenses (4) The Commission invites comment 2A3.2 (Criminal Sexual Abuse of a relating to sexual abuse, sexual on whether it should provide an Minor (Statutory Rape)), 2A3.3 exploitation, or transportation for illegal enhancement in § 2A3.2 based on the (Criminal Sexual Abuse of a Ward), and sexual activity. intimidation or mental coercion of the 2A3.4 (Abusive Sexual Contact)? The (4) Regardless of the approach minor victim by the defendant (or Commission could, for example, expand adopted by the Commission (i.e., another criminally responsible that definition to conform it to the regardless of whether the Commission participant) and/or for cases in which statutory definition of ‘‘prior sexual adopts an upward departure provision, the minor victim’s ability to truly offense conviction’’ found at 18 U.S.C. an enhancement, or a provision in consent was affected. The Commission 2247. Currently, the upward departure Chapter Four), should multiple acts of also invites comment on whether it provision permits consideration only of sexual misconduct that are considered should add an enhancement of 2 or 4 multiple acts that were prior for a ‘‘pattern of activity’’ relate to the levels or provide for an invited upward convictions similar to the instant offense of conviction and the relevant departure in § 2A3.2, if the defendant is offense. Use of the statutory definition conduct involved in the offense? Should more than 10 years older than the minor would allow consideration of prior it include acts that formed the basis for victim, or if the offense involved incest. convictions for offenses under Chapter prior convictions? Alternatively, should (5) The Commission also invites 117 of Title 18 (relating to it include other conduct not directly comment on whether it should transportation for illegal sexual related to the offense of conviction or to reconsider the manner in which the activity), Chapter 109A of that title the relevant conduct involved in the guidelines currently cover offenses (relating to sexual abuse), Chapter 110 offense, and should it include conduct under Chapter 117 of Title 18 (relating of that title (relating to sexual that did not form the basis of a prior to transportation of minors for illegal exploitation of children), and under conviction? sexual activity). Specifically, should State law for offenses that would be (5) What types of conduct (e.g., rape, those offenses continue to be referenced punishable under those chapters if they production of child pornography, in the Statutory Index to § 2G1.1 with had been within the Federal enticing minors to engage in prohibited cross references provided in that jurisdiction. sexual conduct) should be covered by a guideline for cases more appropriately If the Commission were to expand the ‘‘pattern of activity’? Should trafficking upward departure provision, should it sentenced under § 2G2.1, the guideline in child pornography be covered in light include past conduct of the defendant covering production of child of the revised statutory definition of that did not result in a conviction? pornography, § 2A3.1, the guideline ‘‘prior sexual offense conviction’’ found Should the Commission include an covering criminal sexual abuse, or at 18 U.S.C. 2247? expanded upward departure provision (6) Should ‘‘pattern of activity’’ cover §§ 2A3.2–2A3.4, the guidelines covering in § 2G1.1 (Promoting Prostitution or only certain types of offenders (e.g., any other prohibited sexual conduct? Prohibited Sexual Conduct)? pedophiles who are at a high risk of Should the commentary in § 2G1.1 be (2) Should the Commission recidivism)? How should offenders who amended to clarify how to determine implement the directive by amending engage in incest be treated under the the offense level for cases involving § 2G1.1, the guidelines covering sexual enhancement? persuasion, inducement, enticement, abuse, §§ 2A3.1–2A2.4, or any other coercion, and/or transportation of a guidelines, to provide an enhancement Proposed Amendment: Implementation minor for prohibited sexual conduct for ‘‘pattern of activity’’ similar to, or of the Wireless Telephone Protection that are unaccompanied by underlying the same as, the 5-level ‘‘pattern of Act prohibited sexual conduct, as well as for activity’’ enhancement currently found (3) Synopsis of Proposed Amendment: cases that are accompanied by such in § 2G2.2, the guideline covering In the Wireless Telephone Protection conduct? trafficking in child pornography? If the Act, Pub. L. 105–172, Congress directed Part (G): Sex Offenses Involving a Commission were to adopt such an the Commission to review and amend Pattern of Activity approach, should the enhancement be the sentencing guidelines, if the same as, or different from, the appropriate, to provide an appropriate Issues for Comment: enhancement found in § 2G2.2? For penalty for offenses involving the The Protection of Children from example, should the ‘‘pattern of cloning of a wireless telephone Sexual Predators Act of 1998 directed activity’’ enhancement include activity (including offenses involving the the Commission to provide an under chapter 117 of title 18 (relating to attempt or conspiracy to clone a

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 7086 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices wireless telephone). The Commission (The ESN/MIN of a wireless telephone Note 1 by striking ‘‘(b)(4)’’ and inserting was instructed to consider eight specific is a type of access device under the ‘‘(b)(5)’’; in Note 5 by striking ‘‘(b)(4)’’ factors: (A) the range of conduct covered statute.) Specifically, this prong and inserting ‘‘(b)(5)’’; and in Note 6 by by the offenses; (B) the existing provides a [two] level enhancement if striking ‘‘(b)(4)’’ and inserting ‘‘(b)(5)’’. sentences for the offense; (C) the extent the offense involves the use or The Commentary to § 2F1.1 captioned to which the value of the loss caused by possession of any ‘‘device-making ‘‘Application Notes’’ is amended in the offenses (as defined in the federal equipment.’’ It broadens the statutory Note 15 by striking ‘‘(b)(5)’’ each place sentencing guidelines) is an adequate definition of device-making equipment it appears and inserting ‘‘(b)(6)’’. measure for establishing penalties under (found in 18 U.S.C. 1029(e)(6)) to The Commentary to § 2F1.1 captioned the federal sentencing guidelines; (D) include not only equipment that can be ‘‘Application Notes’’ is amended in the extent to which sentencing used to make an access device, but also Notes 18 and 20 by striking ‘‘(b)(7)’’ and enhancements within the federal the cloning hardware or software inserting ‘‘(b)(8)’’. sentencing guidelines and the court’s described in § 1029(a)(9). Consistent The Commentary to § 2F1.1 captioned authority to sentence above the with the statute, the definition also ‘‘Background’’ is amended in the sixth applicable guideline range are adequate includes a scanning device [if the device paragraph by striking ‘‘(b)(5)’’ and to ensure punishment at or near the was used with the intent to defraud]. inserting ‘‘(b)(6)’’; in the seventh maximum penalty for the most The second prong covers distribution paragraph by striking ‘‘(b)(6)’’ and egregious conduct covered by the of any counterfeit access device, as that inserting ‘‘(b)(7)’’; and in the eighth and offenses; (E) the extent to which the term is defined in 18 U.S.C. 1029(e)(2), ninth paragraphs by striking ‘‘(b)(7)’’ federal sentencing guideline sentences and includes the distribution of any each place it appears and inserting for the offenses have been constrained cloned wireless telephone. ‘‘(b)(8)’’. The Commentary to § 2F1.1 captioned by statutory maximum penalties; (F) the Proposed Amendment extent to which federal sentencing ‘‘Background’’ is amended by inserting guidelines for the offense(s) adequately Option 1 after the fifth paragraph the following: achieve the purposes of sentencing set Section 2F1.1(b) is amended by ‘‘Subsection (b)(4) implements the forth in 18 U.S.C. 3553(a)(2); (G) the redesignating subdivisions (4) through instruction to the Commission in relationship of the federal sentencing (7) as subdivisions (5) through (8), section 2(e) of Public Law 105–172.’’. guidelines for these offenses to offenses respectively; and by inserting after Option 2 of comparable seriousness; and (H) any subdivision (3) the following new Section 2F1.1(b) is amended by other factor the Commission considers subdivision (4): to be appropriate. ‘‘(4) If the offense involved (A) the use redesignating subdivisions (4) through This proposal presents two or possession of any cloning equipment; (7) as subdivisions (5) through (8), amendment options to implement the or (B) the manufacture or distribution of respectively; and by inserting after directive as well as issues for comment a cloned telecommunications subdivision (3) the following new related to: (A) the use of a cloned instrument, increase by [2] levels.’’. subdivision (4): wireless telephone in connection with The Commentary to § 2F1.1 captioned ‘‘(4) If the offense involved (A) the other criminal activity, and (B) how to ‘‘Application Notes’’ is amended by possession or use of any device-making address the apparent disparate ways in adding at the end the following: equipment; or (B) the distribution of any which loss is determined in cloning ‘‘21. For purposes of subsection counterfeit access device, increase by [2] offenses. (b)(4)— levels.’’. Option 1 provides an enhancement ‘Cloning equipment’ means any The Commentary to § 2F1.1 captioned for possession of cloning equipment and hardware, software, mechanism, or ‘‘Application Notes’’ is amended by for manufacturing and distributing equipment that has been, or can be, adding at the end the following cloned telephones. The amendment configured to insert or modify any additional note: proposes a two-prong enhancement telecommunication identifying ‘‘21. For purposes of subsection with a sentencing increase of [two] information associated with, or (b)(4)— levels. The first prong tracks the contained in, a telecommunications ‘Device-making equipment’ has the relevant statute, 18 U.S.C. 1029(a)(9), by instrument so that such meaning given that term in 18 U.S.C. explicitly covering the use or possession telecommunications instrument may be 1029(e)(6) and also includes: (A) any of any ‘‘cloning equipment,’’ which is used to obtain telecommunications hardware or software that can insert or defined to include the hardware or service without authorization. A modify telecommunication identifying software described in the statute. The scanning receiver is cloning equipment information associated with or definition also includes any mechanism [if it was used or possessed with the contained in a telecommunications or equipment that can be used to clone intent to defraud]. ‘Scanning receiver,’ instrument so that such a wireless telephone. The definition ‘telecommunications service,’ and telecommunications instrument may be additionally includes a scanning device ‘telecommunication identifying used to obtain telecommunications [if the device was used with the intent information’ have the meaning given service without authorization; or (B) a to defraud]. The second prong those terms in 18 U.S.C. 1029(e)(8), scanning device [if it was used or specifically covers manufacture and (e)(9), and (e)(11), respectively. possessed with the intent to defraud]. distribution of a cloned ‘Cloned telecommunications ‘Scanning device,’ and telecommunications instrument. The instrument’ means a ‘telecommunication identifying definition of a cloned telephone also telecommunications instrument that has information’ have the meaning given tracks the language of the statute. been unlawfully modified, or into those terms in 18 U.S.C. 1029(e)(8) and Option 2 also proposes a two-prong which telecommunications identifying (e)(11), respectively. enhancement with an increase of [two] information has been unlawfully ‘Counterfeit access device,’ has the levels and applies the enhancement to inserted, to obtain telecommunications meaning given that term in 18 U.S.C. all access devices. The first prong covers service without authorization.’’. 1029(e)(2) and includes a cloned possession or use of equipment that is The Commentary to § 2F1.1 captioned telecommunications instrument. used to manufacture access devices. ‘‘Application Notes’’ is amended in ‘Cloned telecommunications

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7087 instrument’ means a The use of a presumptive loss amount equipment that can be used to make an telecommunications instrument that has might guarantee a floor offense level if access device, but also the cloning been unlawfully modified, or into the conduct occurs, even if a specific hardware or software described in 18 which telecommunications identifying offense characteristic for that conduct is U.S.C. 1029(a)(9). Consistent with the information has been unlawfully not added to the guideline. On the other statute, the definition also includes a inserted, to obtain telecommunications hand, a presumptive loss amount scanning device [if the device was used service without authorization.’’. increase could accomplish the same with the intent to defraud]. The Commentary to § 2F1.1 captioned effect as a floor but would have the The Commission invites comment ‘‘Application Notes’’ is amended in added advantage of providing some regarding whether the proposed Note 1 by striking ‘‘(b)(4)’’ and inserting increment over and above the ‘‘floor’’ enhancement should apply to all access ‘‘(b)(5)’’; in Note 5 by striking ‘‘(b)(4)’’ offense level in some cases. However, devices or to only certain types of access and inserting ‘‘(b)(5)’’; and in Note 6 by because of the way the loss table devices. striking ‘‘(b)(4)’’ and inserting ‘‘(b)(5)’’. increases the offense level based on (4) The Commission invites comment, The Commentary to § 2F1.1 captioned increases in loss amount, a presumptive generally, regarding whether the use of ‘‘Application Notes’’ is amended in loss increase would not guarantee a set a cloned wireless telephone in Note 15 by striking ‘‘(b)(5)’’ each place increase in offense level across the full connection with other criminal activity it appears and inserting ‘‘(b)(6)’’. range of loss amounts. should warrant more serious The Commentary to § 2F1.1 captioned The Commission invites comment on punishment than the commission of the ‘‘Application Notes’’ is amended in whether the use of a presumptive loss same offense without the involvement of a cloned telephone. The Commission Notes 18 and 20 by striking ‘‘(b)(7)’’ and amount or a presumptive loss increase also invites comment regarding whether inserting ‘‘(b)(8)’’. is preferable to the specific offense the possession of a cloned wireless The Commentary to § 2F1.1 captioned characteristics proposed in Option One. If so, what conduct should trigger the phone should warrant more serious ‘‘Background’’ is amended in the sixth provision? Of the presumptive loss punishment. paragraph by striking ‘‘(b)(5)’’ and amount or the loss increase, which is If so, the Commission invites inserting ‘‘(b)(6)’’; in the seventh more appropriate? What is the comment regarding whether an paragraph by striking ‘‘(b)(6)’’ and appropriate dollar amount for the adjustment should be added to Chapter inserting ‘‘(b)(7)’’; and in the eighth and presumptive loss provision? Three that would apply to the use of a ninth paragraphs by striking ‘‘(b)(7)’’ (2) The second prong of the proposed cloned wireless telephone in connection each place it appears and inserting enhancement in Option 1 covers the with any other offense or to the ‘‘(b)(8)’’. manufacture and distribution of a possession of a cloned wireless The Commentary to § 2F1.1 captioned cloned telecommunications instrument. telephone. If so, what should the ‘‘Background’’ is amended by inserting The Commission invites comment on magnitude of the increase for such an after the fifth paragraph the following: whether the provision should apply to adjustment be (e.g., two or four levels)? ‘‘Subsection (b)(4) implements the all telecommunications instruments, or Alternatively, should a specific offense instruction to the Commission in whether it should be limited more characteristic be added to one or more section 2(e) of Public Law 105–172.’’. closely to the provisions of the Wireless Chapter Two guidelines (such as § 2D1.1 Issues for Comment Telephone Protection Act and apply or § 2F1.1)? If so, which guidelines only if the applicable offense conduct should be amended to include the (1) Option 1 provides a two-pronged actually involves cloned wireless enhancement? What should the enhancement in the fraud guideline, telephones. magnitude of the enhancement be (e.g., § 2F1.1. The first prong covers the use In addition, the Commission invites two or four levels)? If such an or possession of any ‘‘cloning comment regarding whether the second amendment were made, how should it equipment’’ (including the hardware or prong of the enhancement in Option 1 affect the proposed enhancement of software described in 18 U.S.C. (relating to manufacturing cloned [two] levels for manufacturing or 1029(a)(9), any other mechanism or telecommunications instruments) distribution of cloned wireless equipment that can be used to clone a should be limited to situations that telephones in Option One, or for wireless telephone, and a scanning involved manufacturing or distributing manufacturing or distribution of device [if the device was used with the cloned telephones. This limitation counterfeit access devices in Option intent to defraud]). might be justified because of the Two? As an alternative to providing this potential overlap between the first The Commission also invites enhancement in the form of a specific prong of the enhancement (relating to comment regarding whether a cross offense characteristic whose the use or possession of cloning reference should be added to § 2F1.1 applicability would have to be (at least equipment) and the broader version of (and/or other relevant guidelines) that potentially) considered in every case the second prong. would sentence the defendant convicted sentenced under this guideline (i.e., (3) Option 2 covers possession or use of an offense involving the use or over 6,000 cases in FY 1998), the of equipment that is used to transfer of a cloned wireless telephone Commission invites comments on manufacture access devices. (For at the level for the offense for which the whether the loss commentary could be example, the mobile identification telephone was used. Such a cross amended to provide a presumptive loss number/electronic serial number reference would create the possibility amount or a loss amount increase if the (‘‘MIN/ESN’’) of a wireless telephone is that a defendant could be convicted of specified conduct is proven. More a type of access device under 18 U.S.C. a less serious offense (such as an offense specifically, the commentary could 1029). This proposal provides a [two] involving a cloned telephone that provide that if the conduct involved level enhancement if the offense caused a small loss) but have the ‘‘cloning equipment,’’ the loss would be involves the use or possession of any sentence increased to the level based on not less than a presumptive amount, or ‘‘device-making equipment,’’ the more serious conduct that was that loss will be not less than the broadening the statutory definition of implicated by the telephone use (such presumptive amount plus any loss device making equipment (found in 18 as drug trafficking) proven by a otherwise determined. U.S.C. 1029(e)(6)) to include not only preponderance of the evidence. This

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 7088 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices option could be implemented on its Note that there is an issue for when there is no conviction for that own, or in combination with some other comment in the published materials underlying offense and the offense level provision. regarding possible amendments in for that underlying offense is greater (5) The Commission also invites response to the Identity Theft and than the minimum term required by comment regarding: (A) whether Assumption Deterrence Act, regarding statute. language should be added to the the possible promulgation of an (C) It resolves a circuit conflict definition of loss in the commentary to amendment that would broaden the regarding whether, when a defendant is § 2F1.1 to make clear that unused ESN/ current rule in the commentary to convicted of both section 924(c) and the MIN pairs (or any or all access devices) § 2B1.1 regarding the minimum loss rule underlying offense, the court can apply are to be considered in determining for credit cards ($100 each) to access a weapon enhancement when imposing intended loss; (B) whether a minimum devices, generally, and increase the the sentence for the underlying offense. or presumptive value should be minimum loss amount to $1,000 for Specifically, the proposal amends established for each ESN/MIN pair or each access device. See 65 FR 2668 Application Note 2 of § 2K2.4 to clarify cloned wireless telephone (or any or all (January 18, 2000). that, with respect to the guideline for the underlying offense, ‘‘the underlying access devices) and, if so, (i) which Proposed Amendment: Firearms should be established (a minimum or offense’’ includes both the offense of presumptive value), and (ii) what (4) Synopsis of Proposed Amendment: conviction and any relevant conduct for should the minimum or presumptive Public Law 105–386 amended 18 U.S.C. which the defendant is accountable 924(c) to: (A) add ‘‘possession in value be (e.g., [$500, $750, $1,000]) (and under § 1B1.3. Accordingly, the furtherance of the crime’’ to the list of whether it should vary depending on amended Note instructs the court not to acts for which a defendant can be the type of access device); and (C) apply any specific offense characteristic convicted under the statute; (B) replace whether the definition of loss should for possession, brandishing, use, or fixed terms of imprisonment (e.g., 5 provide more specific guidance (and, if discharge of an explosive or firearm years) with mandatory minimum terms so, what guidance) as to how to with respect to the guideline for the of imprisonment (e.g., not less than 5 determine intended loss in cases underlying offense. The proposed years); (C) provide tiered sanctions involving access devices, in general, and amendment also provides examples of depending on how the firearm was used ESN/MIN pairs, in particular. For when this rule would (and would not) (e.g., brandished or discharged); and (D) example, guidance could be provided apply. provide a statutory definition of The legislation also specifically added that when a case involves one or more ‘‘brandish.’’ brandishing to the conduct covered by used ESN/MIN pairs (or access devices) The principal parts of this proposed 18 U.S.C. 924(c). This proposed and one or more unused pairs, the amendment are as follows: amendment provides a conforming losses incurred in connection with the (A) It amends § 1B1.1 (Application amendment to Application Notes 2 and former should be used to determine an Instructions) to provide the definition of 4 and the Background Commentary of average loss per pair; that average loss ‘‘brandish’’ used in 18 U.S.C. 924(c). § 2K2.4 to add brandishing to the list of amount could be multiplied by the There are two major differences between specific offense characteristics that are number of used and unused pairs to the statutory definition and the not applied with respect to the determine the intended loss. guideline definition of ‘‘brandish.’’ sentencing for the underlying offense. (6) The Commission invites comment First, the statutory definition does not (D) It amends § 4B1.2 to clarify that a on whether any action the Commission require that the firearm be displayed, or section 924 count is not considered an might take to implement the directive in even visible, while the current guideline ‘‘instant offense’’ for purposes of the the Wireless Telephone Protection Act definition does. Second, the statutory career offender guideline. It also (such as adopting either of the options definition requires that a firearm clarifies, in § 2K2.4, that because the described herein) should be coordinated actually be present, while the guideline sentence in this guideline is determined and/or consolidated with action the definition, which applies to any by the relevant statute and imposed Commission might take to implement dangerous weapon, applies to toys and independently, Chapters Three and the directive in the Identity Theft and fakes (because the definition of Four do not apply. Assumption Deterrence Act (such as ‘‘dangerous weapon’’ includes such (E) It provides an issue for comment adopting either of the options described items). The amendment proposes to regarding whether the Commission in the proposed amendment for identity apply the definition to any dangerous should consider including a section theft which can be found in 65 FR 2265 weapon. 924(c) count as an instant offense of (January 18, 2000)). Specifically, the (B) In response to the statutory change conviction for purposes of the career Commission invites comment on the from fixed terms of imprisonment to offender guideline. potential interactions and/or overlap mandatory minimum terms, the (F) It makes minor technical and between the proposed options on proposal amends § 2K2.4 to clarify that conforming amendments to §§ 3D1.1 identity theft and on telephone cloning. the ‘‘term required by statute,’’ with and 5G1.2 to conform these guidelines For example, to the extent that an respect to 18 U.S.C. 844(h), 924(c), and to the new mandatory minimum unauthorized identification means can 929(a), is the minimum term specified provisions of 18 U.S.C. 924(c). be a counterfeit access device, by the statute. The proposed application of the enhancement amendment also provides for an Proposed Amendment proposed in Option 2 and an identity encouraged upward departure if the The Commentary to § 1B1.1 captioned theft enhancement may, in some minimum term does not adequately ‘‘Application Notes’’ is amended in situations, be double-counting the same address the seriousness of the offense. Note 1(c) by striking ‘‘that the weapon conduct. Such double-counting Examples of when a departure may be was pointed or waved about, or potentially might occur in the case of a warranted are provided. displayed in a threatening manner’’ and defendant who uses device making There is also an issue for comment inserting ‘‘that all or part of the weapon equipment to make a credit card (an regarding whether the Commission was displayed, or the presence of the unauthorized identification means) in should provide a cross-reference to the weapon was otherwise made known to the name of an individual victim. guideline for the underlying offense another person, in order to intimidate

VerDate 272000 19:35 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm01 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7089 that person, regardless of whether the example, if (A) a co-defendant, as part conviction includes convictions for both weapon was directly visible to that of the jointly undertaken criminal § 924(c) and the underlying offense, person’’. activity, possessed a different firearm § 4B1.1 does not apply to the § 924(c) Section 2K2.4(a) is amended by from the one for which the defendant count.’’. striking ‘‘that’’ and inserting ‘‘the was convicted under section 924(c), do The Commentary to § 3D1.1 captioned minimum term’’. not apply any weapon enhancement in ‘‘Application Notes’’ is amended in The Commentary to § 2K2.4 captioned the guideline for the underlying offense; Note 1 by inserting ‘‘minimum’’ after ‘‘Application Notes’’ is amended in (B) in an ongoing drug trafficking ‘‘mandatory’’ each place it appears. Note 1 by adding at the end the offense, the defendant possessed The Commentary to § 5G1.2 is following paragraphs: firearms other than the one for which amended in the fourth paragraph, by ‘‘Sections 924(c) and 929(a) have a the defendant was convicted under striking the second sentence in its statutory maximum of life section 924(c), do not apply any weapon entirety and inserting: imprisonment. Accordingly, the court enhancement in the guideline for the See, e.g., 18 U.S.C. 924(c) (specifying has the authority to impose a sentence underlying offense. However, if a mandatory minimum terms of above the minimum term specified if defendant is convicted of two bank imprisonment, based on the conduct the minimum term does not adequately robberies involving weapons, but is involved, to run consecutively to any capture the seriousness of the offense. convicted of a section 924(c) offense in other term of imprisonment).’’. For example, an upward departure may connection with only one of the Issues for Comment be warranted if (A) the guideline for the robberies, a weapon enhancement underlying offense does not account for would apply to the bank robbery which (1) Several guidelines provide an an aggravating factor; or (B) the was not the basis for the section 924(c) enhancement that applies ‘‘if the firearm defendant was not convicted of the offense.’’. was brandished, displayed or underlying offense. Examples of factors The Commentary to § 2K2.4 captioned possessed.’’ See, e.g., § 2B3.1 (Robbery); that may warrant an upward departure ‘‘Application Notes’’ is amended in § 2B3.2 (Extortion by Force or Threat of include the following: Note 4 in the third sentence by inserting Injury or Serious Damage). Given that (A) the offense involved multiple ‘‘brandishing,’’ after ‘‘possession,’’ the proposed amendment defines firearms; The Commentary to § 2K2.4 captioned ‘‘brandished’’ to mean, in part, that ‘‘all (B) the offense involved a stolen ‘‘Background’’ is amended by striking or part of the weapon was displayed,’’ firearm or a firearm with an obliterated ‘‘18 U.S.C. §§ ’’ and inserting ‘‘Sections’’ the Commission invites comment serial number; by inserting ‘‘of title 18, United States regarding whether, if the Commission (C) the offense involved serious Code,’’ following ‘‘929(a)’’ by striking adopts this amendment, it should make bodily injury; ‘‘penalties for the conduct proscribed.’’ a conforming amendment to delete (D) the defendant is a prohibited and inserting ‘‘terms of imprisonment. ‘‘displayed’’ from this enhancement as person at the time of the offense. A sentence imposed pursuant to any of unnecessary. ‘Prohibited person’ has the same these statutes must be imposed to run (2) The Commission invites comment meaning given that term in § 2K2.1, consecutively to any other term of regarding whether it should amend Application Note 6. imprisonment.’’ and by inserting § 2K2.4 to provide a cross reference to (E) the seriousness of the defendant’s ‘‘brandishing,’’ after ‘‘use,’’. the guideline for the underlying offense criminal history is not adequately The Commentary to § 4B1.2 captioned when the defendant was not convicted considered because the defendant was ‘‘Application Notes’’ is amended in of the underlying offense in either state not convicted of the underlying offense. Note 1 by striking the eighth paragraph or federal court and the offense level for Do not apply Chapter Three in its entirety and inserting: the underlying offense is greater than (Adjustments) and Chapter Four ‘‘A prior conviction under 18 U.S.C. the sentence provided in § 2K2.4 (i.e., (Criminal History and Criminal 924(c) is a ‘‘prior felony conviction’’ for the minimum term required by statute)? Livelihood) to any offense sentenced purposes of applying § 4B1.1 (Career Such amendment would also specify under this guideline. Such offenses are Offender) if the prior offense of that the cross reference does not apply excluded from application of these conviction established that the when the defendant has been convicted chapters because the sentence for each underlying offense was a ‘‘crime of of the underlying offense. offense is determined by the statute and violence’’ or ‘‘controlled substance (3) The proposed amendment clarifies is imposed independently. See §§ 3D1.1, offense.’’ (Note that if the defendant also that under current guideline 5G1.2.’’. was convicted of the underlying offense, application: (A) Chapters Three and The Commentary to § 2K2.4 captioned the two convictions will be treated as Four do not apply to any sentence ‘‘Application Notes’’ is amended in related cases under § 4A1.2 (Definitions imposed under § 2K2.4 because the Note 2 by striking the first paragraph in and Instruction for Computing Criminal sentence is determined by the relevant its entirety and inserting the following: History)).’’. statute (18 U.S.C. 844(h), 924(c), or ‘‘If a defendant is convicted of an The Commentary to § 4B1.2 captioned 929(a)) and is imposed independently; underlying offense in conjunction with ‘‘Application Notes is amended by and (B) because Chapter Four does not any of the statutes covered by this redesignating Notes 2 and 3 as Notes 3 apply, the career offender guideline, guideline, do not apply any specific and 4, respectively, and by inserting § 4B1.1, does not apply when the instant offense characteristic for possession, before Note 3, as redesignated by this offense of conviction is a section 924(c) brandishing, use, or discharge of an Amendment, the following new Note 2: offense. Notwithstanding current explosive or firearm with respect to the ‘‘2. Pursuant to §§ 2K2.4, 3D1.1, and guideline application, the Commission guideline for the underlying offense. A 5G1.2(a), a sentence for a conviction invites comment on whether it should sentence under § 2K2.4 covers any under 18 U.S.C. 924(c) is determined by amend the guidelines to provide that a explosive or weapon enhancement both the statute and is imposed conviction under 18 U.S.C. 924(c) is an for the underlying offense of conviction independently of any other sentence. instant offense for career offender and for any other conduct for which the Accordingly, if the instant offense of purposes. defendant may be accountable under conviction is a conviction under 18 If the Commission should make such § 1B1.3 (Relevant Conduct). For U.S.C. 924(c), or if the instant offense of an amendment, how should it be

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For example, should imposed independently and that the which constitutes a short-lived such a departure be precluded for a count be excluded from the grouping departure from an otherwise law- defendant convicted of certain offenses, rules. See § 3D1.1. If a new guideline abiding life, and the best test is the such as crimes of violence (see 28 U.S.C. were developed, what should the totality of the circumstances); United 994(j) that provides that ‘‘guidelines are Commission consider with respect to States v. Takai, 941 F.2d 738 (9th Cir. to reflect the general appropriateness of specific offense characteristics, cross 1991) (‘‘single act’’ refers to the imposing a sentence other than reference provisions, and departure particular action that is criminal, even imprisonment in cases in which the provisions? As an alternative to a new though a whole series of acts lead up to defendant is a first offender who has not guideline, the Commission could the commission of the crime); United been convicted of a crime of violence or provide a ‘‘special rule’’ that would States v. Pena, 930 F.2d 1486 (10th Cir. an otherwise serious offense.* * *’’). apply whenever a section 924(c) 1991) (aberrational nature of the What other factors should the defendant is also a career offender. Such defendant’s conduct and other Commission articulate to guide the a rule could provide that the offense circumstances justified departure); with court in determining the level for the defendant’s conduct is to be United States v. Marcello, 13 F.3d 752 appropriateness of a departure in a determined by § 4B1.1. The effect of this (3d Cir. 1994) (single act of aberrant particular case? rule would be that the defendant’s behavior requires a spontaneous, (B) Whether the enhanced penalties in offense level, regardless of whether the thoughtless, single act involving lack of § 2D1.2 (Drug Offenses Occurring Near defendant also is convicted of the planning); United States v. Glick, 946 Protected Locations or Involving underlying offense, would always begin F.2d 335 (4th Cir. 1991) (conduct over Underage or Pregnant Individuals) at offense level 37, with a guideline a ten-week period involving a number of apply only when the defendant is range of 360-life. To satisfy the statute’s actions and extensive planning was not convicted of an offense referenced to requirement that the sentence be ‘‘single act of aberrant behavior’’); that guideline or, alternatively, imposed consecutively to any other United States v. Williams, 974 F.2d 25 whenever the defendant’s relevant count, the rule could provide any of the (5th Cir. 1992) (a single act of aberrant conduct included drug sales in a following variations when the offense behavior is generally spontaneous or protected location or involving a involves multiple count(s): (A) A thoughtless); United States v. Carey, 895 protected individual. Compare United sentence within the range of 360-life is F.2d 318 (7th Cir. 1990) (single act of States v. Chandler, 125 F.3d 892, 897– imposed consecutive to the final aberrant behavior contemplates a 98 (5th Cir. 1997) (‘‘First, utilizing the guideline sentence for the additional spontaneous and seemingly thoughtless Statutory Index located in Appendix A, counts; (B) the minimum term required act rather than one which was the result by statute (e.g., 5 years) is imposed of substantial planning); United States the court determines the offense consecutive to the final guideline v. Garlich, 951 F.2d 161 (8th Cir. 1991) guideline section most ‘applicable to the sentence; or (C) the section 924(c) count (fraud spanning one year and several offense of conviction.’ ’’ Once the is grouped with the underlying offense transactions was not a ‘‘single act of appropriate guideline is identified, a and the final guideline sentence is aberrant behavior’’); United States v. court can take relevant conduct into structured so that a portion of the total Withrow, 85 F.3d 527 (11th Cir. 1996) (a account only as it relates to factors set punishment, corresponding to the single act of aberrant behavior is not forth in that guideline); United States v. minimum term required by the statute, established unless the defendant is a Locklear, 24 F.3d 641 (4th Cir. 1994) (In is imposed consecutive to the remainder first-time offender and the crime was a finding that § 2D1.2 does not apply to of the guideline sentence. (Note that the thoughtless act rather than one which convictions under 21 U.S.C. 841, the guidelines currently use the approach in was the result of substantial planning); court relied on the fact that the (C) when the offense involves a United States v. Dyce, 78 F.3d 610 (D.C. commentary to § 2D1.2 lists as the conviction for failure to appear and for Cir.), amd on reh. 91 F.3d 1462 (D.C. ‘‘Statutory Provisions’’ to which it is the underlying offense. See § 2J1.6 Cir. 1996) (same). applicable 21 U.S.C. 859, 860, and 861, (Failure to Appear by Defendant), If the Commission were to adopt the but not 841. ‘‘[S]ection 2D1.2 is comment. (n. 3).) view that a downward departure for intended not to identify a specific aberrant behavior is limited to offense characteristic which would, Issue for Comment: Circuit Conflicts spontaneous and thoughtless acts, it where applicable, increase the offense (5) Issue for Comment: The could, for example, eliminate the level over the base level assigned by Commission requests public comment suggested departure language from § 2D1.1, but rather to define the base on whether, and in what manner, it Chapter One of the Guidelines Manual offense level for violations of 21 U.S.C. should address by amendment the and establish a departure provision in 859, 860 and 861.’’); United States v. following circuit court conflicts: Chapter Five, Part K, Subpart 2 (Other Saavedra, 148 F.3d 1311 (11th Cir. (A) Whether for purposes of Grounds for Departure) for spontaneous 1998) (defendant’s uncharged but downward departure from the guideline and thoughtless acts that do not include relevant conduct is actually irrelevant to range a ‘‘single act of aberrant behavior’’ a course of conduct composed of determining the sentencing guideline (Chapter 1, Part A, § 4(d)) includes multiple planned criminal acts, even if applicable to his offense; such conduct multiple acts occurring over a period of the defendant is a first-time offender. is properly considered only after the time. Compare United States v. The Commission is interested in applicable guideline has been selected Grandmaison, 77 F.3d 555 (1st Cir. exploring an alternative approach to the when the court is analyzing the various 1996) (Sentencing Commission intended majority and minority views to resolve sentencing considerations within the the word ‘‘single’’ to refer to the crime the circuit conflict regarding departure guideline chosen, such as the base committed; therefore, ‘‘single acts of for a ‘‘single act of aberrant behavior.’’ offense level, specific offense

VerDate 272000 22:23 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7091 characteristics, and any cross- (§ 2F1.1(b)(4)(B)) applies to falsely resentencing following an appeal to references); with United States v. Clay, completing bankruptcy schedules and depart on ground of post-conviction 117 F.3d 317 (6th Cir.), cert. denied, 118 forms. Compare United States v. Saacks, rehabilitation which occurred after the S. Ct. 395 (1997) (applying § 2D1.2 to 131 F.3d 540 (5th Cir. 1997) (bankruptcy original sentencing; refuses to extend defendant convicted only of possession fraud implicates the violation of a holding regarding departures for post- with intent to distribute under 21 U.S.C. judicial or administrative order or offense rehabilitation to conduct that 841 (but not convicted of any statute process within the meaning of occurs in prison; departure based on referenced to § 2D1.2) based on § 2F1.1(b)(3)(B)); United States v. post-conviction conduct infringes on underlying facts indicating defendant Michalek, 54 F.3d 325 (7th Cir. 1995) statutory authority of the Bureau of involved a juvenile in drug sales); (bankruptcy fraud is a ‘‘special Prisons to grant good-time credits.) United States v. Oppedahl, 998 F.2d 584 procedure’’; it is a violation of a specific The Commission also invites (8th Cir. 1993) (applying § 2D1.2 to adjudicatory process); United States v. comment on whether to distinguish defendant convicted of conspiracy to Lloyd, 947 F.2d 339 (8th Cir. 1991) between departures for post-offense distribute and possess with intent to (knowing concealment of assets in rehabilitation (see §§ 3E1.1, comment. distribute based on fact that defendant’s bankruptcy fraud violates ‘‘judicial (n. 1(g) and 5K2.0) and post-sentence relevant conduct involved distribution process’’); United States v. Welch, 103 rehabilitation and, if so, what guidance within 1,000 feet of school); United F.3d 906 (9th Cir. 1996) (same); United the Commission should provide. It States v. Robles, 814 F. Supp. 1249 (E.D. States v. Messner, 107 F.3d 1448 (10th should be noted that a departure for Pa), aff’d (unpub.), 8 F.3d 814 (3d Cir. Cir. 1997) (same); United States v. post-sentencing rehabilitation is only 1993) (court looks to relevant conduct to Bellew, 35 F.3d 518 (11th Cir. 1994) available if there is a resentencing. determine appropriate guideline). (knowing concealment of assets during (E) Whether a court can base an If the Commission were to choose to bankruptcy proceedings qualifies as a upward departure on conduct that was clarify that the enhanced penalties in violation of a ‘‘judicial order’’); with dismissed or uncharged as part of a plea § 2D1.2 only apply in circumstances in United States v. Shadduck, 112 F.3d agreement in the case. Compare United which the defendant is convicted of an 523 (1st Cir. 1997) (falsely filling out States v. Figaro, 935 F.2d 4 (1st Cir. offense referenced to that guideline in bankruptcy forms does not violate 1991) (allowing upward departure based the Statutory Index (Appendix A), the judicial process since the debtor is not on uncharged conduct); United States v. Commission could amend the accorded a position of trust). Kim, 896 F.2d 678 (2d Cir. 1990) Introduction to the Statutory Index to See also United States v. Carrozella, (allowing upward departure based on make clear that, for every statute of 105 F. 3d 796 (2d Cir. 1997) (district related conduct that formed the basis of conviction, courts must apply the court erred in enhancing the sentence dismissed counts and based on prior offense guideline referenced for the for violation of judicial process where similar misconduct not resulting in statute of conviction listed in the the defendant filed false accounts in conviction); United States v. Baird, 109 Statutory Index (unless the case falls probate court). F.3d 856 (3d Cir.), cert. denied, 118 S. within the limited exception for (D) Whether sentencing courts may Ct. 243 (1997) (allowing upward stipulations set forth in § 1B1.2 consider post-conviction rehabilitation departure based on dismissed counts if (Applicable Guidelines)) and that courts while in prison or on probation as a the conduct underlying the dismissed may not decline to use the listed offense basis for downward departure at counts is related to the offense of guideline in cases that could be resentencing following an appeal. conviction conduct; cites United States considered atypical or outside the Compare United States v. Rhodes, 145 v. Watts, 519 U.S. 148 (1997)); United heartland. See United States v. Smith, F.3d 1375, 1379 (D.C. Cir. 1998) (post- States v. Cross, 121 F.3d 234 (6th Cir. 186 F.3d 290 (3d Cir. 1999) (determined conviction rehabilitation is not a 1997) (allowing upward departure based that fraud guideline, § 2F1.1, was most prohibited factor and, therefore, on dismissed conduct; citing Watts); appropriate guideline rather than the sentencing courts may consider it as a United States v. Ashburn, 38 F.3d 803 listed guideline of money laundering, possible ground for downward (5th Cir. 1994) (allowing upward § 2S1.1); United States v. Brunson, 882 departure at resentencing); United departure based on dismissed conduct); F. 2d 151, 157 (5th Cir. 1989) (‘‘It is not States v. Core, 125 F.3d 74, 75 (2d United States v. Big Medicine, 73 F.3d completely clear to us under what Cir.1997) (‘‘We find nothing in the 994 (10th Cir. 1995) (allowing departure circumstances the Commission pertinent statutes or the Sentencing based on uncharged conduct) with contemplated deviation from the Guidelines that prevents a sentencing United States v. Ruffin, 997 F.2d 343 suggested guidelines for an ‘atypical’ judge from considering post-conviction (7th Cir. 1993) (error to depart based on case.’’); United States v. Hemmington, rehabilitation in prison as a basis for counts dismissed as part of plea 157 F.3d 347 (5th Cir. 1998) (affirmed departure if resentencing becomes agreement); United States v. Harris, 70 trial court’s departure from the money necessary.’’) cert. denied, 118 S. Ct. 735 F.3d 1001 (8th Cir. 1995) (same); United laundering guidelines to the fraud (1998); United States v. Sally, 116 F.3d States v. Lawton, 193 F.3d 1087 (9th Cir. guideline). 76, 80 (3d Cir. 1997) (holding that ‘‘post- 1999) (court may not accept plea bargain Alternatively, or in combination with offense rehabilitations efforts, including and later consider dismissed charges for this approach, the Commission could those which occur post-conviction, may upward departure in sentencing). delete § 2D1.2 and add an enhancement constitute a sufficient factor warranting The Commission also invites to § 2D1.1 (Unlawful Manufacturing, a downward departure.’’); United States comment on whether the Commission Importing, Exporting, or Trafficking) v. Rudolph, 190 F.3d 720, 723 (6th Cir. should provide more guidance about either (A) for the real offense conduct of 1999); United States v. Green, 152 F.3d what conduct can or cannot be making drug sales in protected locations 1202, 1207 (9th Cir. 1998) (same); considered for departure under the or involving protected individuals; or United States v. Brock, 108 F.3d 31 (4th guidelines. More specifically, the (B) for a conviction for such conduct. Cir. 1997) (recognizing extraordinary Commission invites comment on (C) Whether the fraud guideline post-offense rehabilitation as a basis for whether to provide that departures are enhancement for ‘‘violation of any a downward departure); with United only permissible for conduct detailed in judicial or administrative order, States v. Sims, 174 F.3d 911 (8th Cir. § 1B1.3(a)(1), (2), and (3). The injunction, decree, or process’’ 1999) (district court lacks authority at implication of such a provision would

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Accordingly, the specific mandatory condition in both not accounted for in a guideline published options also included guidelines rather than in a footnote. enhancement. Departures would be amendments to § 2D1.1. Proposed Amendment prohibited for other conduct, such as The published options were revised dismissed or uncharged bank robberies prior to final action by the Commission. Section 2B5.1(b)(2) is amended by that are not included in relevant However, in the revision that was inserting ‘‘level’’ following ‘‘increase conduct because they are not the subject presented to the Commission for to’’. of an offense of conviction. promulgation in late April 1997, Section 2D1.11(d) is amended in amendments to §§ 2D1.11 and 2D1.12 subdivision (9) by striking ‘‘At least 1.44 Proposed Amendment: Technical were mistakenly omitted from the G but less than 1.92 KG of Isosafrole;’’ Amendments Package option to provide a specific offense and inserting ‘‘At least 1.44 KG but less (6) Synopsis of Proposed characteristic, although that revision did than 1.92 KG of Isosafrole;’’; and by Amendment—This proposed refer to §§ 2D1.11 and 2D1.12 in the striking ‘‘At least 1.44 G but less than amendment makes technical and synopsis as well as included 1.92 KG of Safrole;’’ and inserting ‘‘At conforming changes to various amendments to these guidelines in the least 1.44 KG but less than 1.92 KG of guidelines as follows: upward departure option. (The revision Safrole;’’. (A) It corrects a typographical error in did not include any amendments to Section 2D1.11(d) is amended in the counterfeiting guideline, § 2B5.1, by guideline § 2D1.13, covering record- subdivision (10) by striking ‘‘Less than inserting a missing word in subsection keeping offenses, because, upon further 1.44 G’’ before ‘‘of Isosafrole;’’ and (b)(2). examination, it seemed unlikely that inserting ‘‘Less than 1.44 KG’’; and by (B) It corrects a typographical error in offenses sentenced under this guideline striking ‘‘Less than 1.44 G’’ before ‘‘of the Chemical Quantity Table at § 2D1.11 would involve environmental damage.) Safrole;’’ and inserting ‘‘Less than 1.44 regarding certain quantities of Isosafrole Accordingly, when the commissioners KG’’. and Safrole by changing those quantities voted to adopt the option providing the Section 2D1.11(b) is amended by from grams to kilograms. specific offense characteristic for adding at the end the following (C) It corrects an omission that was §§ 2D1.1, 2D1.11, and 2D1.12, their vote subdivision: made during the prior Commission’s effectively was limited to what was ‘‘(3) If the offense involved (A) an final deliberations on amendments to before them, i.e., an environmental unlawful discharge, emission, or release implement the Comprehensive damage enhancement for § 2D1.1 only. into the environment of a hazardous or Methamphetamine Control Act of 1996 This amendment corrects that error. toxic substance, or (B) the unlawful (the ‘‘Act’’), Pub. L. 104–237. (D) It updates the Statutory Provisions transportation, treatment, storage, or Specifically, the proposal amends of the firearms guideline, § 2K2.1, to disposal of a hazardous waste, increase §§ 2D1.11 (Listed Chemicals) and conform to statutory re-designations by 2 levels.’’. 2D1.12 (Prohibited Equipment) to add made to 18 U.S.C. 924 (and already The Commentary to § 2D1.11 an enhancement for environmental conformed in Appendix A (Statutory captioned ‘‘Application Notes’’ is damage associated with Index)). amended by adding at the end the methamphetamine offenses. The prior (E) It updates the guidelines for following: Commission intended to amend these conditions of probation, § 5B1.3, and ‘‘8. Under subsection (b)(3), the guidelines in this manner, but due to a supervised release, § 5D1.3. Effective enhancement applies if the conduct for technical oversight, the final one year after November 26, 1997, 18 which the defendant is accountable amendment did not implement that U.S.C. 3563(a) and 3583(a) were under § 1B1.3 (Relevant Conduct) intent. amended to add a new mandatory involved any discharge, emission, The Act directed the Commission to condition of probation requiring a release, transportation, treatment, determine whether the guidelines person convicted of a sexual offense storage, or disposal violation covered by adequately punish environmental described in 18 U.S.C. 4042(c)(4) the Resource Conservation and violations occurring in connection with (enumerating several sex offenses) to Recovery Act, 42 U.S.C. 6928(d), the precursor chemical offenses under 21 report to the probation officer the Federal Water Pollution Control Act, 33 U.S.C. 841(d) and (g) (sentenced under person’s address and any subsequent U.S.C. 1319(c), or the Comprehensive § 2D1.11), and manufacturing change of address, and to register as a Environmental Response, equipment offenses under 21 U.S.C. sex offender in the state in which the Compensation, and Liability Act, 42 843(a)(6) and (7) (sentenced under person resides. See section 115 of U.S.C. 5124, 9603(b). In some cases, the § 2D1.12). On February 25, 1997, the Departments of Commerce, Justice, and enhancement under this subsection may Commission published two options to State, the Judiciary, and Related not adequately account for the provide an increase for environmental Agencies Appropriations Act, 1998 seriousness of the environmental harm damage associated with the manufacture (Pub. L. 105–119). Because the effective or other threat to public health or safety of methamphetamine, the first by a date of this change was later than the (including the health or safety of law specific offense characteristic, the effective date of the last Guidelines enforcement and cleanup personnel). In second by an invited upward departure. Manual (November 1, 1998), the such cases, an upward departure may be See 62 FR 8487 (Feb. 25, 1997). Both Commission did not amend the relevant warranted. Additionally, any costs of options proposed to make amendments guidelines, § 5B1.3 (Conditions of environmental cleanup and harm to to §§ 2D1.11, 2D1.12, and 2D1.13. Probation) and § 5D1.3 (Conditions of persons or property should be Additionally, although the directive did Supervised Release) to reflect the new considered by the court in determining not address manufacturing offenses condition. However, the Commission the amount of restitution under § 5E1.1

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(Restitution) and in fashioning and by striking the note at the end of the Policy. The Committee provides a appropriate conditions of supervision § 5B1.3 in its entirety as follows: formal channel for regular consultation under § 5B1.3 (Conditions of Probation) *Note: Effective one year after November and coordination on major economic, and § 5D1.3 (Conditions of Supervised 26, 1997, section 3563(a) of Title 18, United social and legal issues and problems in Release).’’. States Code, was amended (by section 115 of international communications and Section 2D1.12(b) is amended by Pub. L. 105–119) to add the following new information policy, especially as these mandatory condition of probation: adding at the end the following: issues and problems involve users of ‘‘(2) If the offense involved (A) an (9) a defendant convicted of a sexual information and communication unlawful discharge, emission, or release offense as described in 18 U.S.C. services, providers of such services, into the environment of a hazardous or 4042(c)(4) (as amended by section 115 technology research and development, toxic substance, or (B) the unlawful of Pub. L. 105–119) shall report the foreign industrial and regulatory policy, transportation, treatment, storage, or address where the defendant will reside the activities of international disposal of a hazardous waste, increase and any subsequent change of residence organizations with regard to by 2 levels.’’. to the probation officer responsible for The Commentary to 2D1.12 captioned supervision, and shall register as a sex communications and information, and ‘‘Application Notes’’ is amended by offender in any State where the person developing country interests. adding at the end the following: resides, is employed, carries on a The guest speaker at the meeting will ‘‘3. Under subsection (b)(2), the vocation, or is a student.’’. be The Honorable Gregory Rohde, enhancement applies if the conduct for Section 5D1.3(a) is amended by Assistant Secretary and Administrator, which the defendant is accountable striking the asterisk after ‘‘Conditions’’; National Telecommunications and under § 1B1.3 (Relevant Conduct) in subdivision (6) by striking the period Information Administration, U.S. involved any discharge, emission, after ‘‘§ 3013’’ and inserting a semi- Department of Commerce. Mr. Rohde release, transportation, treatment, colon; and by adding at the end the will discuss priorities for his agency in storage, or disposal violation covered by following: the area of telecommunications policy. the Resource Conservation and ‘‘(7) a defendant convicted of a sexual Recovery Act, 42 U.S.C. 6928(d), the offense as described in 18 U.S.C. This meeting will be held on Federal Water Pollution Control Act, 33 4042(c)(4) shall report the address Wednesday, March 8, 2000, from 9:30 U.S.C. 1319(c), or the Comprehensive where the defendant will reside and any a.m.–12:30 p.m., in Room 1107 of the Environmental Response, subsequent change of residence to the Main Building of the U.S. Department of Compensation, and Liability Act, 42 probation officer responsible for State, located at 2201 ‘‘C’’ Street, N.W., U.S.C. 5124, 9603(b). In some cases, the supervision, and shall register as a sex Washington, D.C. 20520. (Please note enhancement under this subsection may offender in any State where the person that this meeting is being held in place not adequately account for the resides, is employed, carries on a of the January 20 meeting which had seriousness of the environmental harm vocation, or is a student.’’; been postponed due to inclement or other threat to public health or safety and by striking the note at the end of weather.) Members of the public may (including the health or safety of law § 5D1.3 in its entirety as follows: attend these meetings up to the seating enforcement and cleanup personnel). In *Note: Effective one year after November capacity of the room. While the meeting such cases, an upward departure may be 26, 1997, section 3583(a) of Title 18, United is open to the public, admittance to the warranted. Additionally, any costs of States Code, was amended (by section 115 of State Department Building is only by environmental cleanup and harm to Pub. L. 105–119) to add the following new means of a pre-arranged clearance list. persons or property should be mandatory condition of supervised release: In order to be placed on the pre- considered by the court in determining (7) a defendant convicted of a sexual the amount of restitution under § 5E1.1 clearance list, please provide your offense as described in 18 U.S.C. name, title, company, social security (Restitution) and in fashioning 4042(c)(4) (as amended by section 115 number, date of birth, and citizenship to appropriate conditions of supervision of Pub. L. 105–119) shall report the Timothy C. Finton at . All attendees for this and § 5D1.3 (Conditions of Supervised and any subsequent change of residence Release).’’. to the probation officer responsible for meeting must use the 23rd Street The Commentary to § 2K2.1 captioned supervision, and shall register as a sex entrance. One of the following valid ID’s ‘‘Statutory Provisions’’ is amended by offender in any State where the person will be required for admittance: any striking ‘‘(e), (f), (g), (h), (j)–(n)’’ and resides, is employed, carries on a U.S. driver’s license with photo, a inserting ‘‘(e)–(i), (k)–(o)’’. vocation, or is a student.’’. passport, or a U.S. Government agency Section 5B1.3(a) is amended by ID. Non-U.S. Government attendees striking the asterisk after ‘‘Conditions’’; [FR Doc. 00–3274 Filed 2–10–00; 8:45 am] must be escorted by State Department in subdivision (8) by striking the period BILLING CODE 2210±40±P personnel at all times when in the after ‘‘§ 3563(a))’’ and inserting a semi- StateDepartment building. colon; and by adding at the end the following: DEPARTMENT OF STATE For further information, contact ‘‘(9) a defendant convicted of a sexual Timothy C. Finton, Executive Secretary offense as described in 18 U.S.C. [Public Notice 3215] of the Committee, at (202) 647–5385 or . 4042(c)(4) shall report the address Advisory Committee on International where the defendant will reside and any Communications and Information Dated: February 4, 2000. subsequent change of residence to the Policy; Meeting Notice Timothy C. Finton, probation officer responsible for Executive Secretary. supervision, and shall register as a sex The Department of State is offender in any State where the person announcing the next meeting of its [FR Doc. 00–3247 Filed 2–10–00; 8:45 am] resides, is employed, carries on a Advisory Committee on International BILLING CODE 4710±45±P vocation, or is a student.’’; Communications and Information

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DEPARTMENT OF STATE Dated: February 3, 2000. • At least 1 member representing Stephen M. Miller, each of the following interests: a direct- [Public Notice No. 3213] Executive Secretary, Shipping Coordinating served customer of TVA, a beneficiary Shipping Coordinating Committee, Committee. of TVA’s navigation program, a Subcommittee for the Prevention of [FR Doc. 00–3246 Filed 2–10–00; 8:45 am] beneficiary of TVA’s flood control Marine Pollution; Meeting Notice BILLING CODE 4710±07±P program, a recreational interest, and an environmental interest; and The Subcommittee for the Prevention • Up to 4 additional members to of Marine Pollution, a subcommittee of TENNESSEE VALLEY AUTHORITY ensure a balanced representative of a the Shipping Coordinating Committee, broad range of views. will conduct an open meeting on Establishment of Regional Resource The RRSC will function solely as an Tuesday, February 29, 2000, at 9:30 AM Stewardship Council advisory body and in compliance with in Room 2415, U.S. Coast Guard the provisions of the Federal Advisory Headquarters, 2100 Second Street, SW, Notice is hereby given that, in Committee Act. Its charter is being filed Washington, DC. consultation with the General Services at this time in accordance with approval The purpose of this meeting will be to Administration, it has been determined by the General Service Administration review the agenda items to be that the establishment of an advisory Secretariat pursuant to 41 CFR 101– considered at the forty-fourth session of committee on the Tennessee Valley 6.1015(a)(2). the Marine Environment Protection Authority’s (TVA) public resource For further information, please Committee (MEPC 44) and the agenda management activities is necessary and contact Kathryn J. Jackson, Executive items of the Conference on International in the public interest. Accordingly, TVA Vice President, River System Operations Co-operation on Preparedness and has chartered the Regional Resource and Environment, 400 West Summit Response to Pollution Incidents by Stewardship Council (RRSC). Hill Drive, Knoxville, Tennessee, 37902. Hazardous and Noxious Substances (the The public resource management Authority: 41 CFR 101–6.1015(a). Conference) of the International activities that will be addressed by the Maritime Organization (IMO). MEPC 44 RRSC include the operations of TVA’s Dated: February 3, 2000. and the Conference will be held in dams and reservoirs, navigation, flood O.J. Zeringue, conjunction with each other from March control, the management of public President and Chief Operating Officer. 6–15, 2000. Proposed U.S. positions on lands, as well as water quality, wildlife, [FR Doc. 00–3271 Filed 2–10–00; 8:45 am] and recreation. As competition for finite the agenda items for MEPC 44 and the BILLING CODE 8120±08±M Conference will be discussed. natural resources grows, fulfilling TVA’s The major items for discussion for integrated resource stewardship mission will require increased cooperation with MEPC 44 will begin at 9:30 AM and DEPARTMENT OF TRANSPORTATION include the following: the other public agencies and private a. Harmful effects of the use of anti- entities that have responsibilities for Coast Guard fouling paints for ships; and interest in the use and conservation b. Harmful aquatic organisms in of the region’s natural resources. It is in [USCG±2000±6847] ballast water; TVA’s interest and the interest of the c. Inadequacy of reception facilities; public it serves to establish a Collection of Information by Agency d. Consideration and adoption of mechanism for routinely obtaining the Under Review by Office of amendments to mandatory instruments; views and advice of the citizens, public Management and Budget e. Identification and protection of agencies, and private entities involved AGENCY: Coast Guard, DOT. Special Areas and Particularly Sensitive in and affecting natural resources ACTION: Sea Areas; stewardship. Request for comments. f. Prevention of air pollution from All TVA stewardship activities entail SUMMARY: In compliance with the ships; the selection of priorities among Paperwork Reduction Act of 1995, the g. Interpretation and amendments of competing objectives and values. TVA Coast Guard intends to request the MARPOL 73/78 and related Codes; has many loyal and committed approval of the Office of Management h. Promotion of implementation and stakeholder groups and private citizens, and Budget (OMB) for the renewal of enforcement of MARPOL 73/78 and each dedicated to seeing that TVA Information Collection Requests (ICRs). related Codes; and provides the public benefits that they These ICRs comprise: 1. Request for i. Recycling of ships. have come to expect. TVA anticipates Designation and Exemption of At the conclusion of the MEPC 44 that the RRSC will provide a mechanism discussion, the major item for the Oceanographic Research Vessel, 2. Oil to help develop consensus views and Record Book for Ships, and 3. Vessel Conference, ‘‘Consideration and resolve competing interests to the adoption of the Protocol on Identification System. Before submitting benefit of the public. the ICRs to OMB, the Coast Guard is Preparedness, Response and Co- In order to attain a diverse and operation to Pollution Incidents by asking for comments on the collections balanced membership, the RRSC will described below. Hazardous and Noxious Substances, consist of up to 20 members appointed 2000,’’ will be discussed. by the TVA Board of Directors as DATES: Comments must reach the Coast Members of the public may attend follows: Guard on or before April 11, 2000. this meeting up to the seating capacity • 7 persons nominated by the ADDRESSES: You may mail comments to of the room. For further information or Governors of the Tennessee river Valley the Docket Management System (DMS) documentation pertaining to the States (one each by the Governors of [USCG–2000–6847], U.S. Department of meeting, contact Lieutenant Commander Alabama, Georgia, Kentucky, Transportation (DOT), room PL–401, John Meehan, U.S. Coast Guard Mississippi, North Carolina, Tennessee, 400 Seventh Street SW., Washington, Headquarters (G–MSO–4), 2100 Second and Virginia); DC 20590–0001, or deliver them to room Street, SW, Washington, DC 20593– • At least 4 members representing PL–401, located on the Plaza Level of 0001; Telephone: (202) 267–2714. distributors of TVA power; the Nassif Building at the same address

VerDate 272000 22:23 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7095 between 9 a.m. and 5 p.m., Monday Burden: The estimated burden is 29 abstracted below to OMB for review and through Friday, except Federal holidays. hours annually. comment. Our ICRs describe the The telephone number is 202–366– 2. Title: Oil Record Book for Ships. information that we seek to collect from 9329. OMB Control Number: 2115–0025. the public. Review and comment by The Docket Management Facility Summary: The Act to Prevent OMB ensure that we impose only maintains the public docket for this Pollution from Ships (APPS) and the paperwork burdens commensurate with Request. Comments will become part of International Convention for Prevention our performance of duties. this docket and will be available for of Pollution from Ships, 1973, as DATES: Please submit comments on or inspection or copying at room PL–401, modified by the 1978 Protocol relating before March 13, 2000. located on the Plaza Level of the Nassif thereto (MARPOL 73/78), the Act and ADDRESSES: Please send comments to Building at the same address, between the Convention require that information 9 a.m. and 5 p.m., Monday through both (1) the Docket Management System about oil (cargo or fuel) be entered into (DMS), U.S. Department of Friday, except Federal holidays. You an Oil Record Book (CG–4602A). The may also access this docket on the Transportation (DOT), room PL–401, requirement appears at 33 CFR 151.25. 400 Seventh Street SW, Washington, DC Internet at http://dms.dot.gov. Need: This information serves to 20590–0001, and (2) the Office of Copies of the complete ICRs are verify sightings of actual violations of Information and Regulatory Affairs available through this docket on the the APPS to determine the level of (OIRA), Office of Management and Internet at http://dms.dot.gov and also compliance with MARPOL 73/78 and as Budget (OMB), 725 17th Street NW, from Commandant (G–SII–2), U.S. Coast a means of reinforcing the discharge Washington, DC 20503, to the attention Guard Headquarters, room 6106 (Attn: provisions. of the Desk Officer for the USCG. Barbara Davis), 2100 Second Street SW., Respondents: Operators of vessels. Washington, DC 20593–0001. The Frequency: On occasion. Copies of the complete ICRs are telephone number is 202–267–2326. Burden: The estimated burden is available for inspection and copying in public docket USCG–1999–6334 of the FOR FURTHER INFORMATION CONTACT: 35,828 hours annually. Docket Management Facility between 10 Barbara Davis, Office of Information 3. Title: Vessel Identification System. a.m. and 5 p.m., Monday through Management, 202–267–2326, for OMB Control Number: 2115–0607. Friday, except Federal holidays; for questions on this document. With Summary: The Secretary of inspection and printing on the internet questions on the docket, ask Dorothy Transportation must establish a at http://dms.dot.gov; and for inspection Walker, Chief, Documentary Services nationwide vessel-identification system from the Commandant (G–SII–2), U.S. Division, U.S. Department of (VIS) and centralize certain vessel- Coast Guard, room 6106, 2100 Second Transportation, 202–366–9330. documentation functions. VIS provides Street S.W., Washington, DC, between participating States and territories with Request for Comments 10 a.m. and 4 p.m., Monday through access to their own data on numbered Friday, except Federal holidays. The Coast Guard encourages vessels. Participation in VIS is interested persons to submit written voluntary. FOR FURTHER INFORMATION CONTACT: comments. Persons submitting Need: 46 U.S.C. 12501 mandates the Barbara Davis, Office of Information comments should include their names establishment of a VIS. 33 CFR part 187 Management, 202–267–2326, for and addresses, identify this document prescribe the requirements of VIS. questions on this document; Dorothy [USCG–2000–6847] and the specific ICR Respondents: Governments of States Walker, Chief, Documentary Services to which each comment applies, and and territories. Division, U.S. Department of give the reason(s) for each comment. Frequency: Daily. Transportation, 202–366–9330, for Please submit all comments and Burden: The estimated burden is questions on the docket. attachments in an unbound format no 5,697 hours annually. SUPPLEMENTARY INFORMATION: 1 larger than 8 ⁄2 by 11 inches, suitable for Dated: February 4, 2000. copying and electronic filing. Persons Regulatory History G.N. Naccara, wanting acknowledgment of receipt of This request constitutes the 30-day comments should enclose stamped, self- Rear Admiral, U.S. Coast Guard, Director of Information and Technology. notice required by OMB. The Coast addressed postcards or envelopes. Guard has already published [64 FR [FR Doc. 00–3155 Filed 2–10–00; 8:45 am] 57181 (October 22, 1999)] the 60-day Information Collection Requests BILLING CODE 4910±15±P notice required by OMB. That request 1. Title: Request for Designation and elicited no comments. Exemption of Oceanographic Research DEPARTMENT OF TRANSPORTATION Vessels. Request for Comments OMB Control Number: 2115–0053. Coast Guard The Coast Guard invites comments on Summary: 46 U.S.C. 2113(2) the proposed collections of information authorizes the Secretary of [USCG±1999±6334] to determine whether the collections are Transportation to exempt necessary for the proper performance of Information Collection by Agency Oceanographic Research Vessels, by the functions of the Department. In Under Review by the Office of regulation, from provisions of Subtitle II particular, the Coast Guard would Management and Budget (OMB) of Title 46, Shipping, of the United appreciate comments addressing: (1) States Code, concerning maritime safety AGENCY: Coast Guard, DOT. The practical utility of the collections; and seamen’s welfare. ACTION: Request for comments. (2) the accuracy of the Department’s Need: This information is necessary to estimated burden of the collections; (3) ensure that a vessel qualifies for the SUMMARY: In compliance with the ways to enhance the quality, utility, and designation. Paperwork Reduction Act of 1995, this clarity of the information that is the Respondents: Owner or operator of request for comments announces that subject of the collections; and (4) ways vessel. the Coast Guard has forwarded the to minimize the burden of collections Frequency: On occasion. Information Collection Reports (ICRs) on respondents, including the use of

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OIRA are best assured of having their (Catalog of Federal Domestic Assistance FOR FURTHER INFORMATION CONTACT: Mr. full effect if OIRA receives them 30 or Program Number 20.205, Highway Planning fewer days after the publication of this Mark Doctor, Project Management and Construction. The regulations request. Engineer, Federal Highway implementing Executive Order 12372 Administration, 640 Grassmere Park, regarding intergovernmental consultation on Information Collection Requests Suite 112, Nashville, Tennessee 37211, Federal programs and activities apply to this 1. Title: Vessel Reporting Telephone: (615) 781–5788. program.) Requirement. SUPPLEMENTARY INFORMATION: The Issued on: January 26, 2000. OMB Control Number: 2115–0551. FHWA, in cooperation with the Charles S. Boyd, Type of Request: Extension of Tennessee Department of Tennessee Division Administrator, Nashville. currently approved collection. Transportation and the Kentucky Affected Public: Owners, charterers, Transportation Cabinet, will prepare an [FR Doc. 00–3272 Filed 2–10–00; 8:45 am] managing operators, or agents of U.S. Environmental Impact Statement (EIS) BILLING CODE 4910±22±U vessels. on a proposal to construct a four-lane Form(s): N/A. divided freeway in Obion and Dyer DEPARTMENT OF TRANSPORTATION Abstract: The collection of Counties, Tennessee and Fulton County, information requires the owner, Kentucky. The proposed project would Federal Transit Administration charterer, managing operator, or agent of involve improvements to existing a vessel of the United States to Highway US 51/State Route (SR) 3 from [FTA Docket No. FTA±2000±6871] immediately notify the Coast Guard if the interchange with Highway US 412/ there is a reason to believe that his or SR 20 in Dyer County, Tennessee, north Notice of Request for the Extension of her vessel may be lost or imperiled. The to the Purchase Parkway in Fulton Currently Approved Information person must follow up the report with County, Kentucky, for a distance of Collection written communication submitted to the about 74 kilometers (46 miles). AGENCY: Federal Transit Administration, Coast Guard within 24 hours. The proposed improvement is a DOT. Annual Estimated Burden Hours: The section of independent utility of the ACTION: Notice of request for comments. estimated burden is 137 hours annually. Congressionally-designated High 2. Title: Report of Oil or Hazardous Priority Corridor 18, or future Interstate SUMMARY: In accordance with the Substance Discharge. 69. The purpose of the corridor is to Paperwork Reduction Act of 1995, this OMB Control Number: 2115–0137. improve international and interstate Type of Request: Extension of a notice announces the intention of the trade and to facilitate economic currently approved collection. Federal Transit Administration (FTA) to development. The proposed project Affected Public: Persons in charge of request the Office of Management and would also provide a link between two vessels, onshore or offshore facilities. Budget (OMB) to extend the following Forms: N/A. existing full access-controlled highways currently approved information Abstract: The collection of and provide for future traffic capacity collection:49 U.S.C. Section 5312(a) information requires that any person in needs. Research, Development, Demonstration charge of a vessel, an onshore or Alternatives to be considered are: (1) and Training Projects Taking no action; (2) three build offshore facility report to the National DATES: Comments must be submitted alternatives consisting of upgrading Response Center, as soon as he or she before April 11, 2000. has knowledge of any discharge of oil or sections of existing US 51/SR 3 and building other sections on new location; ADDRESSES: All written comments must a hazardous substance. refer to the docket number that appears Annual Estimated Burden Hours: The and (3) other alternatives that may arise from public and agency input. at the top of this document and be estimated burden is 7,917 hours submitted to the United States annually. Incorporated into and studied with the various build alternatives will be design Department of Transportation, Dated: February 4, 2000. variations of grade and alignment. CentralDockets Office, PL–401, 400 G.N. Naccara, Letters describing the proposed action Seventh Street, SW, Washington, DC Rear Admiral, U.S. Coast Guard, Director of and soliciting comments will be sent to 20590. All comments received will be Information and Technology. appropriate Federal, State and local available for examination at the above [FR Doc. 00–3156 Filed 2–10–00; 8:45 am] agencies, and to private organizations address from 10:00 a.m. to 5:00 p.m., BILLING CODE 4910±15±P and citizens who have previously e.t., Monday through Friday, except expressed or are known to have an Federal holidays. Those desiring interest in this proposal. A public notification of receipt of comments must DEPARTMENT OF TRANSPORTATION hearing will be held upon completion of include a self-addressed, stamped the Draft EIS and public notice will be postcard/envelope. Federal Highway Administration given of the time and place of the FOR FURTHER INFORMATION CONTACT: 49 Environmental Impact Statement; hearing. The Draft EIS will be available U.S.C. Section 5312(a) Research, Obion and Dyer Counties, Tennessee for public and agency review and Development, Demonstration and and Fulton County, Kentucky comment prior to the public hearing. A Training Projects—Mr. Henry Nejako, formal scoping meeting is planned. Office of Research, Demonstration and AGENCY: Federal Highway To ensure that the full range of issues Innovation, (202) 366–0184. Title: 49 Administration (FHWA), DOT. related to this proposed action are U.S.C. Section 5312(a) Research,

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Development, Demonstration and safety related defects and that they are, and capable of being Training Projects (OMB Number: 2132– noncompliances in these vehicles. All of readily altered to conform to all 0546). the registered importers involved except applicable FMVSS. See 63 FR 41617 BACKGROUND: 49 U.S.C. Section 5312(a) for Liphardt and Associates, Inc., filed (August 4, 1998). authorizes the Secretary of appropriate reports pursuant to 49 CFR The importer of a vehicle admissible Transportation to make grants or Part 573 ‘‘Defect and Noncompliance under any final decision must indicate contracts for research, development, and Reports.’’ These registered reporters on the form HS–7 accompanying entry demonstration projects that will reduce have also applied to be exempted from the appropriate vehicle eligibility urban transportation needs, improve the notification and remedy number indicating that the vehicle has mass transportation service, or help requirements of Section 30118 and been determined eligible for entry. The transportation service meet the total 30120. The basis of the applications is subject vehicles were imported from urban transportation needs at a that the noncompliance is Canada under the VSA–1 eligibility minimum cost. In carrying out the inconsequential to motor vehicle safety. code, assigned to all Canadian vehicles provisions of this section, the Secretary This notice of receipt of these that the Administrator decided to be is also authorized to request and receive applications is published under 49 eligible for importation. Documentation appropriate information from any U.S.C. 30118 and 30120 and does not substantiating compliance of the subject source. represent any agency decision or other vehicles with the FMVSS was submitted The information collected is exercise of judgment concerning the to NHTSA after importation. NHTSA submitted as part of the application for merits of the applications. then reviewed the submissions and, for The following passenger cars grants and cooperative agreements and the vast majority of the affected (‘‘subject vehicles’’), certified by their is used to determine eligibility of vehicles, issued a decision letter original manufacturers as complying applicants. Collection of this advising that the submitted with all applicable Canadian Motor information also provides documentation was acceptable. In Vehicle Safety Standards, do not documentation that the applicants and September 1995, NHTSA informed the comply in all respects with FMVSS No. recipients are meeting program importers that the amended 208: objectives and are complying with FTA requirements of FMVSS No. 208 had not Circular 6100.1B and other Federal Chrysler LeBaron, 1994 and 1995 MY been met. The importers had requirements. Dodge Spirit, 1994 and 1995 MY Dodge Shadow, 1994 and 1995 MY misunderstood FMVSS No. 208 and had Issued: February 7, 2000. Dodge Viper, 1994 and 1995 MY believed the passenger-side restraint Dorrie Y. Aldrich, Plymouth Sundance, 1994 and 1995 MY could be a manual belt when the Associate Administrator for Administration. Plymouth Acclaim, 1994 and 1995 MY driver’s side was air bag equipped. This configuration was permissible until [FR Doc. 00–3135 Filed 2–10–00; 8:45 am] Description of Noncompliance BILLING CODE 4910±57±P September 1, 1993. This provision The subject vehicles imported by the expired after that date, requiring petitioners were manufactured on or automatic restraints on both sides. DEPARTMENT OF TRANSPORTATION after September 1, 1993, the date on When this matter was brought to the which FMVSS No. 208 first required an attention of the registered importers, National Highway Traffic Safety automatic restraint for both front they stopped importing vehicles not Administration outboard seating positions. However, meeting FMVSS No. 208. these vehicles are equipped with a [Docket No. NHTSA 99±6473 Notice 1] driver side air bag and a passenger side Arguments by Importers Registered Importers; Receipt of type 2, 3-point shoulder/lap belt which A detailed chronology of the Applications for Determination of met the standard as in effect before circumstances leading to this notice is Inconsequential Noncompliance September 1, 1993. contained in the ‘‘Notification of Defect The following companies, as Background pursuant to 49 CFR 573 and Petition registered importers under 49 U.S.C. Under 49 U.S.C. 30141(a)(1)(A), a pursuant to 49 CFR 556 for exemption 30141(c), imported passenger cars that motor vehicle that was not originally from recall based on failed to comply with Federal Motor manufactured to conform to all inconsequentiality,’’ dated September Vehicle Safety Standard (FMVSS) No. applicable FMVSS shall be refused 14, 1998, submitted by Superior Auto 208, ‘‘Occupant Crash Protection’’: Auto admission into the United States unless Sales, Inc. Several of the other registered Enterprises, Inc., Dickson Motor Sales NHTSA has decided, either pursuant to importers affected joined in this and Leasing, Inc., JM Motors, Inc., a petition from the manufacturer or petition. Superior Auto Sales, Inc., Auto Import registered importer or on its own A summary of petitioners’ arguments Services, Inc., Laurek International initiative, that the motor vehicle is follows: Trade Service, Inc., Elite Limited Auto substantially similar to a motor vehicle Sales and Leasing, Ltd., Champagne of the same model year, originally The remedy for the affected vehicles would Imports, Inc., Potsdam Importers, Inc., manufactured for importation into and be either the installation of an automatic seat International Vehicle Importers, Inc., sale in the United States, and certified belt or passenger side air bag. Both of these options may not increase vehicle safety. Auto King, Inc., and Liphardt and under 49 U.S.C. 30115, and the vehicle NHTSA has recently revised the passenger Associates, Inc. A registered importer is is capable of being readily altered to side air bag requirements, due to concerns a firm recognized by the National conform to all applicable FMVSSs. regarding the extensive force of the air bag Highway Traffic Safety Administration NHTSA has decided, on its own deployment. Any air bag system installed as (NHTSA) as being capable of modifying initiative, that the subject motor a remedy for the affected vehicles would not vehicles that are imported into the vehicles are substantially similar to meet the revised criteria. Thus, the remedy United States to assure that they comply motor vehicles originally manufactured would require installation of old technology with all applicable FMVSS’s. Under for importation into and sale in the air bags. The owners of these vehicles could Section 30147, registered importers are United States, certified under 49 U.S.C. even petition NHTSA for permission to obligated to notify owners and remedy § 30115, and of the same model year disable this safety feature.

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There have also been considerable DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION arguments that the automatic seat belt system, as utilized, only gives an appearance Surface Transportation Board Surface Transportation Board of protection. Many occupants of the passenger seat will not use the manual lap [Section 5a Application No. 61 (Sub±No. 6)] belt, and thus only be protected by the [Section 5a Application No. 1 (Sub-No. 10)] automatic torso belt. In a crash, the National Classification CommitteeÐ protection offered by this two-point system is Agreement Household Goods Carriers Bureau CommitteeÐAgreement questionable. AGENCY: Surface Transportation Board. The automatic belts may also be attached ACTION: Request for proposals and to the door. In a crash, the door latch may AGENCY: Surface Transportation Board. fail, yielding no protection at all to the comments. ACTION: Request for comments. passenger. SUMMARY: The Surface Transportation The passive restraint requirement went Board (Board) seeks suggested into effect when too few states adopted SUMMARY: The Surface Transportation mandatory seat belt laws. These laws have methodologies for increasing shipper Board (Board) requests comments on participation in the classification now been adopted in all states but one. All whether approval of the rate bureau process, as required by the Board’s of the affected vehicles were sold in agreement of the Household Goods mandatory seat belt usage states. It is against decisions in National Classification the law in these states to be unbelted. The Committee—Agreement, Section 5a Carriers Bureau Committee (HGB) ought installation of an automatic seat belt would Application No. 61 (STB served Dec. 18, to be conditioned on reductions in therefore be redundant, since the passengers 1998, and February 11, 2000). ‘‘benchmark’’ rates to prevailing levels are required to be belted. DATES: Opening proposals and of market based rates. The subject vehicles are 1994 and 1995 model year vehicles. Therefore, they are at comments are due April 11, 2000. Reply DATES: Comments are due by March 27, least four years old and have completed at comments are due May 11, 2000. 2000; replies are due March 13, 2000. least half of their useful life. This greatly Rebuttals are due June 12, 2000.1 ADDRESSES: reduces the addition to safety, that might ADDRESSES: Send an original and 10 Send an original and 10 result from the installation of passenger side copies of proposals, comments, and copies of comments and replies, passive restraints. replies, referring to ‘‘Section 5a referring to ‘‘Section 5a Application No. For these reasons, the installation of a Application No. 61 (Sub-No. 6)’’ to: 1 (Sub-No. 10)’’ to: Surface passive restraint in these few vehicles Surface Transportation Board, Office of Transportation Board, Office of the involved will not result in a significant Secretary, Case Control Unit, 1925 K addition to vehicle safety. the Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC 20423. Street, N.W., Washington, DC 20423. To the best of the importers’ FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: knowledge, there have been no Joseph H. Dettmar, (202) 565–1600. Joseph H. Dettmar, (202) 565–1600. accidents, injuries, fatalities, or [TDD for the hearing impaired: 1–800– [TDD for the hearing impaired: 1–800– 877–8339.] warranty claims related to the 877–8339.] noncompliance. SUPPLEMENTARY INFORMATION: Interested persons are invited to Additional information is contained in SUPPLEMENTARY INFORMATION: In our submit written data, views and the Board’s decisions, which are decisions in EC–MAC Motor Carriers arguments on the petition described available on the Board’s website at Service Association, Inc., et al., Sec. 5a above. Comments should refer to the ‘‘WWW.STB.DOT.GOV’’. Application No. 118 (Amendment No. Docket Number and be submitted to: Decided: February 4, 2000. 1), et al. (STB served Dec. 18, 1998, and Docket Management, Room PL–401, 400 By the Board, Chairman Morgan, Vice February 11, 2000) (EC–MAC) (which Seventh Street, SW., Washington, DC Chairman Burkes, and Commissioner are available on the Board’s website at 20590. It is requested that two copies be Clyburn. ‘‘WWW.STB.DOT.GOV’’), we submitted. Vernon A. Williams, conditioned renewal of motor carrier All comments received before the Secretary. rate bureau agreements under 49 U.S.C. close of business on the closing date [FR Doc. 00–3239 Filed 2–10–00; 8:45 am] 13703 on reductions of collective rates indicated below will be considered. The BILLING CODE 4915±00±P to prevailing competitive rate levels. In application and supporting materials, its renewal application, HGB does not and all comments received after the 1 Arguing that the instant proceeding is address how the concerns expressed in essentially an investigation, NCC has filed a motion, EC–MAC apply to the traffic carried by closing date will also be filed and will to which replies were filed by The National be considered to the extent practicable. Industrial Transportation League and by the Health its members. It does, however, appear to When the application is granted or and Personal Care Distribution Conference, Inc. and us that HGB serves as a forum in which National Small Shipments Traffic Conference, Inc., members collectively set benchmark denied, the Notice will be published in asking for a procedural schedule under which it the Federal Register pursuant to the will be permitted to open and close the record. We rates, from which the actual rates paid authority indicated below. understand why NCC might want to open and close by many householders are discounted. in order to seek to limit the debate to whatever Comment closing date: March 13, proposal it decides to file at the outset. But we have Therefore, before acting on HGB’s 2000. already held extensive proceedings, in which NCC application, we are seeking comment on (49 U.S.C. 30118, 30120; delegations of has made several filings, and in which we have whether any immunity granted to HGB authority at 49 CFR 1.50 and 49 CFR 501.8) already determined that NCC’s procedures should be modified. As a result, we believe that parties in ought to be conditioned on reductions Issued on: February 7, 2000. addition to NCC should have an opportunity to in benchmark rates to prevailing levels present their proposals as an initial matter. We are, of market based rates and, if so, Stephen R. Kratzke, however, providing all parties with an opportunity Acting Associate Administrator for Safety to respond to any initial proposals or comments methodologies that can be used to adjust Performance Standards. made, and we are providing each party that makes the collectively set rates to market-based an initial filing with a further opportunity to levels. [FR Doc. 00–3193 Filed 2–10–00; 8:45 am] present rebuttal evidence and argument in response BILLING CODE 4910±59±P to any comments addressing its initial filing. Decided: February 4, 2000.

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By the Board, Chairman Morgan, Vice [TDD for the hearing impaired: 1–800– public input on ways in which to Chairman Burkes, and Commissioner 877–8338.] achieve our objective. Clyburn. SUPPLEMENTARY INFORMATION: NBTA has asked to have its agreement Vernon A. Williams, Additional information is contained in approved. It states that, while it does Secretary. the Board’s decisions, which are file tariffs on behalf of its member [FR Doc. 00–3238 Filed 2–10–00; 8:45 am] available on our website at carriers, its members express their rates BILLING CODE 4915±00±P ‘‘WWW.STB.DOT.GOV.’’ in dollars and cents, and not as Decided: February 4, 2000. discounts off of collectively-established bureau rates. Thus, it states that the DEPARTMENT OF TRANSPORTATION By the Board, Chairman Morgan, Vice Chairman Burkes, and Commissioner issues over which we expressed concern Surface Transportation Board Clyburn. in the EC–MAC proceeding should not Vernon A. Williams, be factors in our consideration of its [Sec. 5a Application No. 118 (Sub±No. 2), Secretary. agreement. et al.] [FR Doc. 00–3136 Filed 2–10–00; 8:45 am] We tend to agree with NBTA that the EC-MAC Motor Carriers Service BILLING CODE 4915±00±P issues about which we raised concerns Association, Inc., et al.1 in EC–MAC should not be of concern here. Nonetheless, any person who AGENCY: Surface Transportation Board. DEPARTMENT OF TRANSPORTATION believes that we should initiate further ACTION: Request for proposals and proceedings of the sort that we are comments. Surface Transportation Board pursuing in EC–MAC, or that the [Section 5a Application No. 9 (Amendment agreement should be disapproved or SUMMARY: The Surface Transportation No. 8)] conditioned for other reasons may file Board (Board) seeks suggested comments. methodologies that the motor carrier Application of the National Motor Bus rate bureaus that have applied for Decided: February 4, 2000. Traffic Association, Inc., for Extended By the Board, Chairman Morgan, Vice renewal of their operating authority can Approval of its Conformed Agreement use to adjust the collective rates Chairman Burkes, and Commissioner Clyburn. established by their bureaus to AGENCY: Surface Transportation Board. prevailing levels of market based rates, ACTION: Request for comments. Vernon A. Williams, as required by the Board’s decisions in Secretary, EC-MAC Motor Carriers Service SUMMARY: The Surface Transportation [FR Doc. 00–3137 Filed 2–10–00; 8:45 am] Association, Inc., et al., Sec. 5a Board (Board) seeks comments on BILLING CODE 4915±00±P Application No. 118 (Amendment No. whether the Board should approve the 1), et al. (STB served Dec. 18, 1998, and application of the National Motor Bus Feb. 11, 2000). Traffic Association, Inc. (NBTA), for DEPARTMENT OF TRANSPORTATION DATES: extended approval of its rate bureau Opening proposals or comments Surface Transportation Board are due April 11, 2000. Reply comments agreement. are due May 11, 2000. DATES: Opening comments are due Release of Waybill Data ADDRESSES: Send an original and 10 March 13, 2000. Reply comments are copies of proposals, comments, and due March 27, 2000. The Surface Transportation Board has replies, referring to ‘‘Section 5a ADDRESSES: Send an original and 10 received requests from Sidley & Austin Application No. 118 (Sub–No. 2), et copies of comments and replies, on behalf of Norfolk Southern al.,’’ to: Surface Transportation Board, referring to ‘‘Sec. 5a Application No. 9 Corporation and Norfolk Southern Office of the Secretary, Case Control (Amendment No. 8),’’ to: Surface Railway Company (WB568—1/3/2000), Unit, 1925 K Street, NW., Washington, Transportation Board, Office of the from Stephen Brown (WB569—2/1/ DC 20423. Secretary, Case Control Unit, 1925 K 2000), and from Sidley & Austin on FOR FURTHER INFORMATION CONTACT: Street, N.W., Washington, DC 20423. behalf of Joseph H. Dettmar, (202) 565–1600. FOR FURTHER INFORMATION CONTACT: Company, Soo Line Railroad Company, Joseph H. Dettmar, (202) 565–1600. St. Lawrence and Hudson Railway Co. 1 This proceeding embraces the following other [TDD for the hearing impaired: 1–800– Limited, and Delaware and Hudson motorcarrier rate bureau renewal 877–8339.] Railway Co., Inc. (WB471–5—February applications:Pacific Inland Tariff Bureau, Inc.— Renewal of Agreement, Section 5a Application No. SUPPLEMENTARY INFORMATION: In our 4, 2000) for permission to use certain 22 (Sub–No. 8);The New England Motor Rate decision and notice issued today in EC– data from the Board’s Carload Waybill Bureau, Inc., Section 5a Application No. 25 (Sub– MAC Motor Carriers Service Samples. A copy of the requests may be No. 9); Middlewest Motor Freight Bureau, Inc.— obtained from the Office of Economics, Renewal of Agreement, Section 5a Application No. Association, Inc., et al., Section 5a 34 (Sub–No. 10); Niagara Frontier Tariff Bureau, Application No. 118 (Sub-No. 2), et al. Environmental Analysis, and Inc., Section 5a Application No. 45 (Sub–No. 16); (EC–MAC) (which are available on the Administration. Southern Motor Carriers Rate Conference, Inc., Board’s website at The waybill sample contains Section 5a Application No. 46 (Sub–No. 21); Carriers Traffic Association—Agreement, Section 5a ‘‘WWW.STB.DOT.GOV’’), we expressed confidential railroad and shipper data; Application No. 55 (Amendment No. 2); Machinery concern with the way in which motor therefore, if any parties object to these Haulers Association Inc.—Agreement, Section 5a freight carrier rate bureaus collectively requests, they should file their Application No. 58 (Sub–No. 4); Rocky Mountain set ‘‘benchmark’’ class rates, from which objections with the Director of the Motor Tariff Bureau, Inc., Section 5a Application No. 60 (Sub–No. 11); Nationwide Bulk Trucking discount rates may be offered to many, Board’s Office of Economics, Association, Inc.—Agreement, Section 5a but not all, shippers. We indicated our Environmental Analysis, and Application No. 63 (Sub–No. 4); Western Motor intent to approve the rate bureau Administration within 14 calendar days Tariff Bureau, Inc—Agreement., Section 5a agreements of the motor freight bureaus of the date of this notice. The rules for Application No. 70 (Sub–No. 12); and Willamette Tariff Bureau, Inc.—Renewal of Agreement, STB only if class rates were reduced to release of waybill data are codified at 49 Section 5a Agreement No. 116 (Sub–No. 1). market-based levels, and we requested CFR 1244.8.

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Contact: James A. Nash, (202) 565– Respondents: Business or other for- OMB Number: 1512–0357. 1542. profit, Individuals or households. Recordkeeping Requirements ID Estimated Number of Respondents: Number: ATF REC 5170/6. Vernon A. Williams, 70. Type of Review: Extension. Secretary. Estimated Burden Hours Per Title: Wholesale Dealers Applications, [FR Doc. 00–3240 Filed 2–10–00; 8:45 am] Respondent: 18 minutes. Letterheads, and Notices Relating to BILLING CODE 4915±00±P Frequency of Response: On occasion. Operations (variations in format or Estimated Total Reporting Burden: preparation of records). 1,050 hours. Description: This recordkeeping DEPARTMENT OF THE TREASURY OMB Number: 1512–0022. requirement pertains only to those Form Number: ATF F 5320.20. wholesale liquor and beer dealers Submission for OMB review; Comment Type of Review: Extension. submitting applications for a variance Request Title: Application to Transport from the regulations dealing with Interstate or Temporarily Export Certain February 4, 2000. preparation, format, type or place of National Firearms Act (NFA) Firearms. retention of records of receipt or The Department of the Treasury has Description: This form is used to disposition for alcoholic beverages. submitted the following public request permission to move certain NFA information collection requirement(s) to firearms in interstate or foreign Respondents: Business or other for- OMB for review and clearance under the commerce. profit. Paperwork Reduction Act of 1995, Respondents: Individuals or Estimated Number of Recordkeepers: Public Law 104–13. Copies of the households. 1,029. submission(s) may be obtained by Estimated Number of Respondents: Estimated Burden Hours Per calling the Treasury Bureau Clearance 800. Recordkeeper: 30 minutes. Officer listed. Comments regarding this Estimated Burden Hours Per Frequency of Response: On occasion. information collection should be Respondent: 30 minutes. Estimated Total Recordkeeping addressed to the OMB reviewer listed Frequency of Response: On occasion. Burden: 515 hours. and to the Treasury Department Estimated Total Reporting Burden: OMB Number: 1512–0384. Clearance Officer, Department of the 400 hours. Recordkeeping Requirement ID Treasury, Room 2110, 1425 New York OMB Number: 1512–0341. Number: ATF REC 5620/2. Avenue, NW., Washington, DC 20220. Recordkeeping Requirement ID Type of Review: Extension. DATES: Written comments should be Number: ATF REC 5150/8. Title: Airlines Withdrawing Stock received on or before March 13, 2000, to Type of Review: Extension. from Customs Custody. be assured of consideration. Title: Stills: Notices, Registration, and Description: Airlines may withdraw Records. Bureau of Alcohol, Tobacco and tax exempt distilled spirits, wine, and Description: The information Firearms (BATF) beer from Customs custody for foreign collection is used to account for and flights. Required record shows amount OMB Number: 1512–0002. regulate the distillation of distilled of spirits and wine withdrawn and flight Form Number: ATF F 1600.7. spirits to protect the revenue and to identification; also has customs Type of Review: Extension. provide for identification of distillers. certification; enables ATF to verify that Title: ATF Distribution Center Respondents: Business or other for- tax is not due; allows spirits and wines Contractor Survey. profit. Description: Information provided on to be traced and maintains Estimated Number of Recordkeepers: ATF F 1600.7 is used to evaluate the accountability. Protects tax revenue. 10. Bureau’s Distribution Center contractor Estimated Burden Hours Per The collection of information is and the services it provides the users of Recordkeeper: 30 minutes. contained in 27 CFR 252.80 and 252.81. ATF forms and publications. Frequency of Response: On occasion. Respondents: Business or other for- Respondents: Business or other for- Estimated Total Recordkeeping profit. profit, Individuals or households. Estimated Number of Recordkeepers: Estimated Number of Respondents: Burden: 21 hours. OMB Number: 1512–0354. 25. 21,000. Estimated Burden Hours Per Estimated Burden Hours Per Recordkeeping Requirement ID Recordkeeper: 100 hours. Respondent: 5 minutes. Number: ATF REC 5170/3. Frequency of Response: On occasion. Type of Review: Extension. Frequency of Response: On occasion. Estimated Total Reporting Burden: Title: Stills: Retain Liquor Dealers Estimated Total Recordkeeping 168 hours. Records of Receipts of Alcoholic Burden: 2,500 hours. OMB Number: 1512–0020. Beverages and Commercial Invoices. Clearance Officer: Robert N. Hogarth Form Number: ATF F 9 (5320.9). Description: Audit trail records show (202) 927–8930, Bureau of Alcohol, Type of Review: Extension. amount purchased and from whom; Tobacco and Firearms, Room 3200, 650 Title: Application and Permit for complete final audit trail established at Massachusetts Avenue, N.W., Permanent Exportation of Firearms. distilled spirits plant. Protection of the Washington, DC 20226. Description: This form is used to revenue. The collection of information OMB Reviewer: Alexander T. Hunt obtain permission to export firearms is contained in 27 CFR 194.234. (202) 395–7860 Office of Management and services as a vehicle to allow either Respondents: Business or other for- and Budget, Room 10202, New the removal of the firearm from profit. Executive Office Building, Washington, registration in the national Firearms Estimated Number of Recordkeepers: DC 20503. Registration and Transfer Record or 455,000. collection of an excise tax. It is used by Estimated Burden Hours Per Lois K. Holland, Federal firearms licensees and others to Recordkeeper: 1 hour. Departmental Reports Management Officer. obtain a benefit and by ATF to Estimated Total Recordkeeping [FR Doc. 00–3165 Filed 2–10–00; 8:45 am] determine and collect taxes. Burden: 1 hour. BILLING CODE 4810±13±U

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DEPARTMENT OF THE TREASURY 3103). It is designed to collect timely pre-arrival targeting of shipments for and reliable information on U.S. enforcement examination purposes. Submission for OMB Review; international capital movements, Respondents: Business or other for- Comment Request including data on liabilities and claims, profit, Not-for-profit institutions, payable in foreign currencies, of banks, Federal Government, State, Local or February 4, 2000. other depository institutions, brokers Tribal Government. The Department of Treasury has and dealers, and their domestic Estimated Number of Respondents: submitted the following public customers vis-a-vis foreigners. 26,000. information collection requirement(s) to Respondents: Business or other for- Estimated Burden Hours Per OMB for review and clearance under the profit. Respondent: 34 minutes. Paperwork Reduction Act of 1995, Estimated Number of Respondents: Frequency of Response: On occasion. Public Law 104–13. Copies of the 225. Estimated Total Reporting Burden: submission(s) may be obtained by Estimated Burden Hours Per 1,410,000 hours. calling the Treasury Bureau Clearance Respondent: 4 hours. OMB Number: 1515–0002. Officer listed. Comments regarding this Frequency of Response: Quarterly. Form Number: Customs Form 7507. information collection should be Estimated Total Reporting Burden: Type of Review: Extension. addressed to the OMB reviewer listed 3,600 hours. Title: General Declaration. and to the Treasury Department Clearance Officer: Lois K. Holland Description: This collection of Clearance Officer, Department of the (202) 622–1563, Departmental Offices, information is used to document Treasury, Room 2110, 1425 New York Room 2110, 1425 New York Avenue, clearance by the arriving aircraft at the Avenue, NW., Washington, DC 20220. N.W., Washington, DC 20220. required inspectional facilities and DATES: Written comments should be OMB Reviewer: Alexander T. Hunt inspections by appropriate regulatory received on or before March 13, 2000 to (202) 395–7860, Office of Management agency staffs. be assured of consideration. and Budget, Room 10202, New Respondents: Business or other for- profit, Not-for-profit institutions. Departmental Offices/International Executive Office Building, Washington, DC 20503. Estimated Number of Respondents: Portfolio Investment Data Systems/ 500. Office of Program Services Lois K. Holland, Estimated Burden Hours Per OMB Number: 1505–0018. Departmental Reports Management Officer. Respondent: 5 minutes. Form Number: International Capital [FR Doc. 00–3166 Filed 2–10–00; 8:45 am] Frequency of Response: Other (on Form BL–2/BL–2(SA). BILLING CODE 4810±25±P arrival). Type of Review: Extension. Estimated Total Reporting Burden: Title: Treasury International Capital 49,950 hours. Form BL–2/, Custody Liabilities of DEPARTMENT OF THE TREASURY OMB Number: 1515–0204. Reporting Banks, Brokers and Dealers to Form Number: Customs Form 434. Foreigners, Payable in Dollars. Submission for OMB Review; Type of Review: Extension. Description: Form BL–2/BL–2(SA) as Comment Request Title: North American Free Trade required by law (22 USC 95a, 22 USC Agreement (NAFTA) Certificate of 286f and 3103). It is designed to collect February 4, 2000. Origin. timely and reliable information on U.S. Description: The objects of NAFTA international capital movements, The Department of Treasury has are to eliminate barriers to trade in including data on the custody liabilities submitted the following public goods and services between the United of banks, other depository institutions, information collection requirement(s) to States, Mexico, and Canada; facilitate brokers and dealers vis-a-vis foreigners, OMB for review and clearance under the conditions of fair competition within payable in dollars. Paperwork Reduction Act of 1995, the free trade area; liberalize Respondents: Business or other for- Public Law 104–13. Copies of the significantly conditions for investments profit. submission(s) may be obtained by within the free trade area; establish Estimated Number of Respondents: calling the Treasury Bureau Clearance effective procedures for the joint 125. Officer listed. Comments regarding this Estimated Burden Hours Per administration of the NAFTA; and the information collection should be resolution of disputes. Respondent: 5 hours. addressed to the OMB reviewer listed Frequency of Response: Monthly, Respondents: Business or other for- and to the Treasury Department profit, Individuals or households, Not- Semi-annually. Clearance Officer, Department of the Estimated Total Reporting Burden: for-profit institutions, Federal Treasury, Room 2110, 1425 New York Government. 7,500 hours. Avenue, NW., Washington, DC 20220. OMB Number: 1505–0020. Estimated Number of Respondents: Form Number: International Capital DATES: Written comments should be 5,000. Form BQ–2, Parts 1 and 2. received on or before March 13, 2000, to Estimated Burden Hours Per Type of Review: Extension. be assured of consideration. Respondent: 10 minutes. Frequency of Response: On occasion. Title: Treasury International Capital U.S. Customs Service (CUS) Form BQ–2: Estimated Total Reporting Burden: Part 1: Liabilities to, and Claims on, OMB Number: 1515–0001. 25,760 hours. Foreigners of Reporting Bank, Broker or Form Number: Customs Forms 1302, Clearance Officer: J. Edgar Nichols Dealer; and 1302A, 7509, 7533 and 7533C. (202) 927–1426, U.S. Customs Service, Part 2: Domestic Customers’ Claims Type of Review: Extension. Printing and Records Management on Foreigners Held by Reporting Bank, Title: Transportation Manifest (Cargo Branch, Ronald Reagan Building, 1300 Broker or Dealer, Payable in foreign Declaration). Pennsylvania Avenue, N.W., Room Currencies. Description: Transportation Manifest 3.2.C, Washington, DC 20229. Description: Form BQ–2 is required (Cargo Declarations) are essential to OMB Reviewer: Alexander T. Hunt by law (22 USC 95a, 22 USC 286f and Customs for the control of cargo and for (202) 395–7860, Office of Management

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In addition, this document does not constitute a rule subject to the ADDRESSES: Direct all written comments Regulatory Flexibility Act (5 U.S.C. to Bureau of the Public Debt, Vicki S. DEPARTMENT OF THE TREASURY Chapter 6). Thorpe, 200 Third Street, Parkersburg, The next meeting of the Advisory WV 26106–1328. Community Development Financial Board, all of which will be open to the FOR FURTHER INFORMATION CONTACT: Institutions Fund public, will be held at the Treasury Requests for additional information or Executive Institute, located at 1255 copies of the form and instructions Open Meeting of the Community 22nd Street, NW, Suite 500, Development Advisory Board should be directed to Vicki S. Thorpe, Washington, DC, on Thursday, February Bureau of the Public Debt, 200 Third AGENCY: Community Development 24, 2000 at 10:00 a.m. The room will Street, Parkersburg, WV 26106–1328, Financial Institutions Fund, Department accommodate 30 members of the public. (304) 480–6553. of the Treasury. Seats are available on a first-come, first- served basis. Participation in the SUPPLEMENTARY INFORMATION: ACTION: Notice of open meeting. discussions at the meeting will be Title: Application For Dispostion— SUMMARY: This notice announces the limited to Advisory Board members and United States Savings Bonds/Notes and/ next meeting of the Community Department of the Treasury staff. or Related Checks Owned by Decedent Development Advisory Board which Anyone who would like to have the Whose Estate Is Being Settled Without provides advice to the Director of the Advisory Board consider a written Administration. Community Development Financial statement must submit it to the Fund, at OMB Number: 1535–0118. Institutions Fund. the address of the Fund specified above Form Number: PD F 5336. in the For Further Information Contact DATES: The next meeting of the Abstract: The information is section, by 4:00 p.m., Monday, February Community Development Advisory requested to support a request for 21, 2000. The meeting will include a Board will be held on Thursday, distribution when a decedent’s estate is report from director Lazar on the February 24, 2000 at 10:00 a.m. not being administered. activities of the CDFI Fund since the last ADDRESSES: The Community Current Actions: None. Development Advisory Board meeting Advisory Board meeting, including Type of Review: Extension. will be held at the Treasury Executive programmatic, fiscal and legislative Institute, 1255 22nd Street, NW., Suite initiatives for the years 2000 and 2001. Affected Public: Individuals or 500, Washington, DC. Authority: 12 U.S.C. 4703; Chapter X, Pub. households. FOR FURTHER INFORMATION CONTACT: The L. 104–19, 109 Stat. 237. Estimated Number of Respondents: 80,000. Community Development Financial Ellen Lazar, Institutions Fund (the ‘‘Fund’’), U.S. Director, Community Development Financial Estimated Time Per Respondent: 30 Department of the Treasury, 601 13th Institutions Fund. minutes. Street, NW, Suite 200 South, [FR Doc. 00–3367 Filed 2–9–00; 3:21 pm] Estimated Total Annual Burden Washington, DC, 20005, (202) 622–8662 BILLING CODE 4810±70±P Hours: 40,000. (this is not a toll free number). Other Request for Comments information regarding the Fund and its programs may be obtained through the DEPARTMENT OF THE TREASURY Comments submitted in response to Fund’s website at http://www.treas.gov/ this notice will be summarized and/or cdfi. Bureau of the Public Debt included in the request for OMB SUPPLEMENTARY INFORMATION: Section approval. All comments will become a Proposed Collection: Comment 104(d) of the Community Development matter of public record. Comments are Request Banking and Financial Institutions Act invited on: (a) Whether the collection of of 1994 (12 U.S.C. 4703(d)) established ACTION: Notice and request for information is necessary for the proper the Community Development Advisory comments. performance of the functions of the Board (the ‘‘Advisory Board’’). The agency, including whether the charter for the Advisory Board has been SUMMARY: The Department of the information shall have practical utility; filed in accordance with the Federal Treasury, as part of its continuing effort (b) the accuracy of the agency’s estimate Advisory Committee Act, as amended (5 to reduce paperwork and respondent of the burden of the collection of U.S.C. App.), and with the approval of burden, invites the general public and information; (c) ways to enhance the the Secretary of the Treasury. other Federal agencies to take this quality, utility, and clarity of the The function of the Advisory Board is opportunity to comment on proposed information to be collected; (d) ways to to advise the Director of the Fund (who and/or continuing information minimize the burden of the collection of has been delegated the authority to collections, as required by the information on respondents, including administer the Fund) on the policies Paperwork Reduction Act of 1995, through the use of automated collection regarding the activities of the Fund. The Public Law 104–13 (44 U.S.C. techniques or other forms of information Fund is a wholly owned corporation 3506(c)(2)(A). Currently the Bureau of technology; and (e) estimates of capital within the Department of the Treasury. the Public Debt within the Department or start-up costs and costs of operation, The Advisory Board shall not advise the of the Treasury is soliciting comments maintenance, and purchase of services Fund on the granting or denial of any concerning the Application For to provide information.

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Dated: February 7, 2000. Current Actions: None. completed collated copies) for Vicki S. Thorpe, Type of Review: Extension. assistance under the VA Homeless Manager, Graphics, Printing and Records Affected Public: Individuals or Providers Grant and Per Diem Program Branch. households. must be received in Mental Health [FR Doc. 00–3182 Filed 2–10–00; 8:45 am] Estimated Number of Respondents: Strategic Healthcare Group, 6,300. BILLING CODE 4810±39±P Washington, DC, by 4:00 PM Eastern Estimated Time Per Respondent: 15 Time on March 29, 2000. Applications minutes. may not be sent by facsimile (FAX). In DEPARTMENT OF THE TREASURY Estimated Total Annual Burden the interest of fairness to all competing Hours: 1,575. applicants, this deadline is firm as to Bureau of the Public Debt Request for Comments date and hour, and VA will treat as ineligible for consideration any Comments submitted in response to Proposed Collection: Comment application that is received after the this notice will be summarized and/or Request deadline. Applicants should take this included in the request for OMB practice into account and make early ACTION: Notice and request for approval. All comments will become a submission of their material to avoid comments. matter of public record. Comments are any risk of loss of eligibility brought invited on: (a) Whether the collection of SUMMARY: The Department of the about by unanticipated delays or other information is necessary for the proper delivery-related problems. Treasury, as part of its continuing effort performance of the functions of the FOR A COPY OF THE APPLICATION PACKAGE, to reduce paperwork and respondent agency, including whether the CONTACT: The Grant and Per Diem burden, invites the general public and information shall have practical utility; Program at (toll-free) 1–877–332–0334. other Federal agencies to take this (b) the accuracy of the agency’s estimate For a document relating to the VA opportunity to comment on proposed of the burden of the collection of Homeless Providers Grant and Per Diem and/or continuing information information; (c) ways to enhance the Program, see the final rule codified at 38 collections, as required by the quality, utility, and clarity of the CFR Part 17.700. Paperwork Reduction Act of 1995, information to be collected; (d) ways to Public Law 104–13 (44 U.S.C. minimize the burden of the collection of SUBMISSION OF APPLICATION: An original 3506(c)(2)(A). Currently the Bureau of information on respondents, including completed and collated per diem the Public Debt within the Department through the use of automated collection application (plus two copies) must be of the Treasury is soliciting comments techniques or other forms of information submitted to the following address: concerning the Certificate by Legal technology; and (e) estimates of capital Mental Health Strategic Healthcare Representative(s) of Decedent’s Estate, or start-up costs and costs of operation, Group (116E), Department of Veterans Affairs, 810 Vermont Avenue, NW, During Administration, of Authority to maintenance, and purchase of services Washington, DC 20420. Applications Act and of Distribution Where Estate to provide information. Holds No More Than $1000 (face must be received in the Mental Health amount) United States Savings and Dated: February 7, 2000. Strategic Healthcare Group by the Retirement Securities, Excluding Checks Vicki S. Thorpe, application deadline. Representing Interest. Manager, Graphics, Printing and Records FOR FURTHER INFORMATION CONTACT: DATES: Written comments should be Branch. Roger Casey, VA Homeless Providers received on or before April 11, 2000, to [FR Doc. 00–3183 Filed 2–10–00; 8:45 am] Grant and Per Diem Program, Mental be assured of consideration. BILLING CODE 4810±39±P Health Strategic Healthcare Group ADDRESSES: Direct all written comments (116E), Department of Veterans Affairs, to Bureau of the Public Debt, Vicki S. 810 Vermont Avenue, NW, Washington, Thorpe, 200 Third Street, Parkersburg, DEPARTMENT OF VETERANS DC 20420; (toll-free) 1–877–332–0334. WV 26106–1328. AFFAIRS SUPPLEMENTARY INFORMATION: This Notice announces the availability of FOR FURTHER INFORMATION CONTACT: Fund Availability Under the VA Requests for additional information or funds for assistance under VA’s Homeless Providers Grant and Per Homeless Providers Grant and Per Diem copies of the form and instructions Diem Program should be directed to Vicki S. Thorpe, Program for eligible programs, Bureau of the Public Debt, 200 Third AGENCY: Department of Veterans Affairs. established after November 10, 1992, or Street, Parkersburg, WV 26106–1328, ACTION: Notice. expanded after November 30, 1999, that (304) 480–6553. have not previously applied for or SUMMARY: received per diem in connection with a SUPPLEMENTARY INFORMATION: The Department of Veterans Title: Certificate By legal Affairs is announcing the availability of grant (see 38 CFR 17.716). This program Representative(s) of Decedent’s Estate, funds of operational assistance under is authorized by Public Law 102–590, During Administration, Of Authority To the per diem component of VA’s the Homeless Veterans Comprehensive Act and Of Distribution Where Estate Homeless Providers Grant and Per Diem Service Programs Act of 1992, as Holds No More Than $1000 (face Program. Specifically, programs or amended. Funding applied for under amount) United States Savings and components or programs that have not this Notice may be used for aid for Retirement Securities, Excluding Checks previously applied for or received per service centers and supportive housing. Representing Interest. diem in connection with a grant under Funding will be in the form of per diem OMB Number: 1535–0060. VA’s Homeless Providers Grant and Per payments issued to eligible entities for Form Number: PD F 2488–1. Diem Program are eligible. This Notice an expected period not to exceed 24 Abstract: The information is contains information concerning the months, subject to availability of funds. requested to establish legal program, application process, and For eligibility criteria please refer to 38 representative of a decedent’s estate amount of funding available. CFR Part 17.716. authority to act and request disposition DATES: An original completed and Authority: VA’s Homeless Providers Grant of securities. collated per diem application (plus two and Per Diem Program is authorized by

VerDate 272000 22:23 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM pfrm02 PsN: 11FEN1 7104 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices sections 3 and 4 of Public Law 102–590, the create approximately 1,500 additional diem award within the specified time Homeless Veterans Comprehensive Service community-based beds for homeless frame, VA reserves the right to not Programs Act of 1992 (38 U.S.C 7721 note) veterans. In later years, continued award funds and to use the funds and has been extended through fiscal year payment is subject to availability of available for other applicants. Grant 2003 by Public Law 106–117. The program is funds. implemented by the final rule codified at 38 recipients need not reapply for per diem CFR Part 17.700. The final rule was Application Requirements for programs covered by the grant. Per published in the Federal Register on June 1, Diem for these programs is requested in 1994, and February 27, 1995, and revised The specific per diem application the grant application and paid at the February 11, 1997. The regulations can be requirements will be specified in the time of grant project completion. found in their entirely in 38 CFR, Volume 1, application package. The package However, if such entities desire per Sec. 17.700 through 17.731. Funds made includes all required forms and diem for programs not funded by a grant available under this Notice are subject to the certifications. Conditional selections award under VA’s Homeless Providers requirements of those regulations. will be made based on criteria described Grant and Per Diem Program, an Allocation in the application. Applicants who are application responding to this NOFA is conditionally selected will be notified of required. Approximately $5.0 million is the additional information needed to available for the per diem component of confirm or clarify information provided Dated: January 31, 2000. this program. This funding is expected in the application. Applicants will then Togo D. West, Jr., to be available for a maximum of 24 have approximately one month to Secretary of Veterans Affairs. months, subject to the availability of submit such information. If an applicant [FR Doc. 00–2968 Filed 2–8–00; 8:45 am] funds. Nationally, this funding should is unable to meet any conditions for per BILLING CODE 8320±01±M

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Part II

Department of Housing and Urban Development Federal Property Suitable as Facilities to Assist the Homeless; Notice

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DEPARTMENT OF HOUSING AND HHS, room 5B–41, 5600 Fishers Lane, Dated: February 3, 2000. URBAN DEVELOPMENT Rockville, MD 20857; (301) 433–2265. Fred Karnas, Jr., Deputy Assistant Secretary for Special Needs [Docket No. FR±4557±N±06] (This is not a toll-free number.) HHS will mail to the interested provider an Assistance Programs. Federal Property Suitable as Facilities application packet, which will include TITLE V—PROPERTIES REPORTED IN to Assist the Homeless instructions for completing the YEAR 1999 WHICH ARE SUITABLE AND application. In order to maximize the AVAILABLE AGENCY: Office of the Assistant opportunity to utilize a suitable AIR FORCE Secretary for Community Planning and property, providers should submit their Development, HUD. written expressions of interest as soon California ACTION: Notice. as possible. For complete details Building SUMMARY: This Notice identifies concerning the processing of Bldg. 604 unutilized, underutilized, excess, and applications, the reader is encouraged to Property #: 18199010237 Point Arena Air Force surplus Federal property reviewed by refer to the interim rule governing this program, 24 CFR part 581. Station HUD for suitability for possible use to Co: Mendocino CA 95468–5000 assist the homeless. For more information regarding Status: Unutilized FOR FURTHER INFORMATION CONTACT: particular properties identified in this Comment: 1232 sq. ft.; stucco-wood frame; Clifford Taffet, room 7262, Department Notice (i.e., acreage, floor plan, existing most recent use—housing. of Housing and Urban Development, sanitary facilities, exact street address), Bldg. 605 451 Seventh Street, SW, Washington, providers should contact the Property #: 18199010238 DC 20410; telephone (202) 708–1234; Point Arena Air Force appropriate landholding agencies at the Station TDD number for the hearing- and following addresses: U.S. Army: Jeff Co: Mendocino CA 95468–5000 speech-impaired (202) 708–2565 (these Holste, CEMP–IP, U.S. Army Corps of Status: Unutilized telephone numbers are not toll-free), or Engineers, Installation Support Center, Comment: 1232 sq. ft.; stucco-wood frame; call the toll-free Title V information line 7701 Telegraph Road, Alexandria, VA most recent use—housing. at 1–800–927–7588. 22315–3862; (703) 428–6318; Corps of Bldg. 612 SUPPLEMENTARY INFORMATION: In Engineers: Shirley Middlewarth, Army Property #: 18199010239 accordance with 24 CFR part 581 and Corps of Engineers, Management and Point Arena Air Force section 501 of the Stewart B. McKinney Station Disposal Division, Room 4224, 20 Co: Mendocino CA 95468–5000 Homeless Assistance Act (42 U.S.C. Massachusetts Ave. NW, Washington, Status: Unutilized 11411), as amended, HUD is publishing DC 20314–1000; (202) 761–0515; U.S. Comment: 1232 sq. ft.; stucco-wood frame; this Notice to identify Federal buildings Navy: Charles C. Cocks, Dept. of Navy, most recent use—housing. and other real property that HUD Real Estate Policy Division, Naval Bldg. 611 reviewed in 1999 for suitability for use Facilities Engineering Command, Property #: 18199010240 to assist the homeless. The properties Washington Navy Yard, 1322 Patterson Point Arena Air Force were reviewed using information Station Ave., SE, Suite 1000, Washington, DC provided to HUD by Federal Co: Mendocino CA 95468–5000 20374–5065; (202) 685–9200; U.S. Air landholding agencies regarding Status: Unutilized Force: Barbara Jenkins, Air Force Real unutilized and underutilized buildings Comment: 1232 sq. ft.; stucco-wood frame; most recent use—housing. and real property controlled by such Estate Agency (Area/MI), Bolling AFB, agencies or by GSA regarding its 112 Luke Avenue, Suite 104, Bldg. 613 Property #: 18199010241 inventory of excess or surplus Federal Washington, DC 20332–8020; (202) 767– 4184; GSA: Brian K. Polly, Office of Point Arena Air Force property. Station In accordance with 24 CFR part Property Disposal, GSA, 18th and F Co: Mendocino CA 95468–5000 581.3(b) landholding agencies are Streets NW, Washington, DC 20405; Status: Unutilized required to notify HUD by December 31, (202) 501–2059; Dept. of Veterans Comment: 1232 sq. ft.; stucco-wood frame; 1999, the current availability status and Affairs: Anatolij Kushnir, Asset & most recent use—housing. classification of each property Enterprise Development Service, Dept. Bldg. 614 controlled by the Agencies that were of Veterans Affairs, room 419, Lafayette Property #: 18199010242 published by HUD as suitable and Bldg., 811 Vermont Ave. NW, Point Arena Air Force available which remain available for Washington, DC 20420; (202) 565–5941; Station Co: Mendocino CA 95468–5000 application for use by the homeless. Dept. of Energy: Tom Knox, Office of Status: Unutilized Pursuant to 24 CFR part 581.8(d) and Contract & Resource Management, MA– Comment: 1232 sq. ft.; stucco-wood frame; (e) HUD is required to publish a list of 53, Washington, DC 20585; (202) 586– most recent use—housing. those properties reported by the 8715; Dept. of Transportation: Rugene Bldg. 615 Agencies and a list of suitable/ Spruill, Space Management, Property #: 18199010243 unavailable properties including the Transportation Administrative Service Point Arena Air Force reasons why they are not available. Center, DOT, 400 Seventh St. SW, room Station Properties listed as suitable/available Co: Mendocino CA 95468–5000 2310, Washington, DC 20590; (202) 366– Status: Unutilized will be available exclusively for 4246; Dept. of Interior: Al Barth, homeless use for a period of 60 days Comment: 1232 sq. ft.; stucco-wood frame; Property Management, Dept. of Interior, most recent use—housing. from the date of this Notice. Homeless 1849 C St. NW, Mailstop 5512–MIB, assistance providers interested in any Bldg. 616 Washington, DC 20240; (202) 208–7283; Property #: 18199010244 such property should send a written (These are not toll-free numbers). Point Arena Air Force expression of interest to HHS, addressed Station to Brian Rooney, Division of Property Co: Mendocino CA 95468–5000 Management, Program Support Center, Status: Unutilized

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Comment: 1232 sq. ft.; stucco-wood frame; Worcester Co: MA 01605–2898 Property #:18199920032 most recent use—housing. Status: Excess AVA Test Annex Bldg. 617 Comment: 5,580 sq. ft., most recent use— Town of Ava Co: Oneida NY 13303– Property #: 18199010245 office/shops Status: Unutilized Point Arena Air Force Bldg. 003 Comment: 53 sq. ft., most recent use—switch Station Property #:18199940003 station, presence of asbestos Co: Mendocino CA 95468–5000 Air Natl Guard Station Status: Unutilized 50 Skyline Drive South Dakota Comment: 1232 sq. ft.; stucco-wood frame; Worcester Co: MA 01605–2898 Building most recent use—housing. Status: Excess West Communications Annex Comment: 3,840 sq. ft., most recent use— Bldg. 618 Property #:18199340051 warehouse Property #: 18199010246 Ellsworth Air Force Base Point Arena Air Force Bldg. 004 Ellsworth AFB Co: Meade SD 57706– Station Property #:18199940004 Status: Unutilized Co: Mendocino CA 95468–5000 Air Natl Guard Station Comment: 2 bldgs. on 2.37 acres, remote area, Status: Unutilized 50 Skyline Drive lacks infrastructure, road hazardous during Comment: 1232 sq. ft.; stucco-wood frame; Worcester Co: MA 01605–2898 winter storms, most recent use—industrial most recent use—rehab. Status: Excess storage Comment: 225 sq. ft., most recent use—shop Colorado Bldg. 005 ARMY Building Property #:18199940005 Alabama Air Natl Guard Station Bldg. 964 50 Skyline Drive Building Property #: 18199930016 Worcester Co: MA 01605–2898 Former Lowry AFB Bldg. 60101 Status: Excess Denver Co: CO 80220– Property #: 21199520152 Comment: 8000 sq. ft., most recent use— Status: Unutilized Shell Army Heliport warehouse Comment: 14,495 sq. ft., local land use Ft. Rucker Co: Dale AL 36362–5000 Status: Unutilized controls, most recent use—child care/ Land kitchen facility. Comment: 6082 sq. ft., 1-story, most recent .07 acre use—airfield fire station, off-site use only Idaho Property #:18199840007 Bldg. 60103 Westover Air Reserve Base Building Property #: 21199520154 Off Rte 33 Shell Army Heliport Bldg. 516 Chicopee Co: Hampden MA 01022– Ft. Rucker Co: Dale AL 36362–5000 Property #: 18199520004 Status: Excess Status: Unutilized Mountain Home Air Force Base Comment: land, no utilities Comment: 12516 sq. ft., 2-story, most recent Mountain Home Co: Elmore ID 86348– use—admin., off-site use only Status: Excess Nebraska Bldg. 60110 Comment: 4928 sq. ft., 1 story wood frame, Building presence of lead paint and asbestos, most Property #: 21199520155 recent use—offices. Bldg. 20 Shell Army Heliport Property #:18199610004 Ft. Rucker Co: Dale AL 36362–5000 Bldg. 2201 Offutt Communications Annex Status: Unutilized Property #: 18199520005 4 Comment: 8319 sq. ft., 1-story, most recent Mountain Home Air Force Base Silver Creek Co: Nance NE 68663– use—admin., off-site use only Mountain Home Co: Elmore ID 83648– Status: Unutilized Status: Underutilized Bldg. 60113 Comment: 4714 sq. ft., most recent use— Comment: 6804 sq. ft., 1 story wood frame, Property #: 21199520156 dormitoryneeds major repair most recent use—temporary garage for base Shell Army Heliport Ft. Rucker Co: Dale AL 36362–5000 fire dept. vehicles, presence of lead paint Land and asbestos shingles. Status: Unutilized Hastings Radar Bomb Scoring Comment: 4000 sq. ft., 1-story, most recent Maine Property #:18199810027 use—admin., off-site use only Hastings Co: Adams NE 68901– Alaska Land Status: Unutilized Irish Ridge NEXRAD Site Comment: 11 acres Building Property #: 18199640017 New York Bldgs. 420, 422, 426, 430 Loring AFB Property #: 21199740276 Fort Fairfield Co: Aroostock ME 04742– Building Fort Richardson Status: Unutilized Bldg. 1452 & 297 acres Anchorage AK 99505–6500 Comment: 3.491 acres in fee simple. Property #:18199920030 Status: Excess Massachusetts AVA Test Annex Comment: 13,056 sq. ft., presence of Town of Ava Co: Oneida NY 13303– asbestos/lead paint, most recent use— Building Status: Unutilized family housing, off-site use only Bldg. 001 Comment: 11,000 sq. ft. on 297 acres (67 Bldg. 789 Property #:18199940001 acres of wetland), most recent use— Property #: 21199910084 Air Natl Guard Station electronic research testing, presence of Fort Richardson 50 Skyline Drive asbestos/lead paint Anchorage Co: AK 99505–6500 Worcester Co: MA 01605–2898 Bldg. 1453 Status: Excess Status: Excess Property #:18199920031 Comment: 19,001 sq. ft., concrete block, most Comment: 37,557 sq. ft., most recent use— AVA Test Annex recent use—vehicle maint., off-site use shops/vehicle maintenance Town of Ava Co: Oneida NY 13303– only Bldg. 002 Status: Unutilized Bldg. 263 Property #:18199940002 Comment: 266 sq. ft., most recent use— Property #: 21199930111 Air Natl Guard Station generator bldg., presence of asbestos Fort Richardson 50 Skyline Drive Bldg. 1454 Ft. Richardson Co: AK 99505–

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Status: Excess Status: Excess Comment: 5654 sq. ft., presence of asbestos/ Comment: 13056 sq. ft., most recent use— Comment: various sq. ft. & bdrm units, lead paint, most recent use—office, off-site housing, off-site use only presence of asbestos/lead paint, most use only Bldg. 636 recent use—family housing, off-site use Bldg. 340 Property #: 21199930112 only Property #: 21199910093 Fort Richardson Bldgs. 87821, 90420 Presidio of Monterey Ft. Richardson Co: AK 99505– Property #: 21199910087 Monterey Co: CA 93944– Status: Excess Fort Huachuca Status: Unutilized Comment: 33,726 sq. ft., concrete block, most Sierra Vista Co: Cochise AZ 85635– Comment: 6500 sq. ft., presence of asbestos/ recent use—library, off-site use only Status: Excess lead paint, most recent use—office, off-site Bldg. 736 Comment: 377 and 5662 sq. ft., presence of use only Property #: 21199930113 asbestos/lead paint, most recent use— Bldg. 341 Fort Richardson storage, off-site use only Property #: 21199910094 Ft. Richardson Co: AK 99505– Bldgs. 12521, 13572 Status: Excess Presidio of Monterey Property #: 21199920183 Monterey Co: CA 93944– Comment: 7090 sq. ft., most recent use— Fort Huachuca admin., off-site use only Status: Unutilized Sierra Vista Co: Cochise AZ 85635– Comment: 371 sq. ft., presence of asbestos/ Bldg. 786 Status: Unutilized lead paint, most recent use—office, off-site Property #: 21199930114 Comment: 448 sq. ft. & 54 sq. ft., off-site use use only Fort Richardson only Ft. Richardson Co: AK 99505– Bldg. 4214 Bldgs. 43101–43109 Property #: 21199910095 Status: Excess Property #: 21199940001 Comment: 2242 sq. ft., most recent use— Presidio of Monterey Fort Huachuca Monterey Co: CA 93944– driver’s testing facility, off-site use only Sierra Vista Co: Cochise AZ 85635– Status: Unutilized Bldg. 978 Status: Excess Comment: 3168 sq. ft., presence of asbestos/ Property #: 21199930116 Comment: 969 sq. ft. per unit, 2-units per lead paint, most recent use—office, off-site Fort Richardson bldg., wood/stucco, presence of asbestos/ use only Ft. Richardson Co: AK 99505– lead paint, most recent use—housing, off- Status: Excess site use only Comment: 2411 sq. ft., concrete block, most Colorado recent use—training, off-site use only California Building Bldg. 980 Building Bldg. P–1008 Property #: 21199930117 Bldg. 4282 Property #: 21199630127 Fort Richardson Property #: 21199810378 Fort Carson Ft. Richardson Co: AK 99505– Presidio of Monterey Annex Ft. Carson Co: El Paso CO 80913–5023 Status: Excess Seaside Co: Monterey CA 93944– Status: Unutilized Comment: 11,651 sq. ft., concrete block, most Status: Unutilized Comment: 3362 sq. ft., fair condition, recent use—vehicle maintenance, off-site Comment: 2283 sq. ft., presence of asbestos/ possible asbestos/lead based paint, most use only lead paint, most recent use—office recent use—service outlet, off-site use only Bldg. 58780 Bldg. 4461 Bldg. P–1007 Property #: 21199930118 Property #: 21199810379 Property #: 21199730210 Fort Richardson Presidio of Monterey Annex Fort Carson Ft. Richardson Co: AK 99505– Seaside Co: Monterey CA 93944– Status: Excess Ft. Carson Co: El Paso CO 80913– Status: Unutilized Comment: 3230 sq. ft., most recent use— Status: Unutilized Comment: 992 sq. ft., presence of asbestos/ admin., off-site use only Comment: 3818 sq. ft., needs repair, possible lead paint, most recent use—storage asbestos/lead paint, most recent use— Arizona Bldg. 104 health clinic, off-site use only Property #: 21199910088 Bldg. T–1342 Building Presidio of Monterey Property #: 21199730211 Bldg. 30012, Fort Huachuca Monterey Co: CA 93944– Fort Carson Property #: 21199310298 Status: Unutilized Ft. Carson Co: El Paso CO 80913– Sierra Vista Co: Cochise AZ 85635– Comment: 8039 sq. ft., presence of asbestos/ Status: Unutilized Status: Excess lead paint, most recent use—office, off-site Comment: 13,364 sq. ft., possible asbestos/ Comment: 237 sq. ft., 1-story block, most use only lead paint, most recent use—instruction recent use—storage Bldg. 106 bldg. Bldg. S–306 Property #: 21199910089 Bldg. T–6005 Property #: 21199420346 Presidio of Monterey Property #: 21199730213 Yuma Proving Ground Monterey Co: CA 93944– Fort Carson Yuma Co: Yuma/La Paz AZ 85365–9104 Status: Unutilized Ft. Carson Co: El Paso CO 80913– Status: Unutilized Comment: 1950 sq. ft., presence of asbestos/ Status: Unutilized Comment: 4103 sq. ft., 2-story, needs major lead paint, most recent use—office/storage, Comment: 19,015 sq. ft., possible asbestos/ rehab, off-site use only off-site use only lead paint, most recent use—warehouse Bldg. 503, Yuma Proving Ground Bldg. 125 Property #: 21199520073 Property #: 21199910090 Georgia Yuma Co: Yuma AZ 85365–9104 Presidio of Monterey Building Status: Underutilized Monterey Co: CA 93944– Comment: 3789 sq. ft., 2-story, major Status: Unutilized Bldg. 2285 structural changes required to meet floor Comment: 371 sq. ft., presence of asbestos/ Property #: 21199011704 loading & fire code requirements, presence lead paint, most recent use—office, off-site Fort Benning of asbestos, off-site use only use only Fort Benning Co: Muscogee GA 31905– 5 Bldgs. Bldg. 339 Status: Unutilized Property #: 21199840129 Property #: 21199910092 Comment: 4574 sq. ft.; most recent use— Fort Huachuca Presidio of Monterey clinic; needs substantial rehabilitation; 1 Sierra Vista Co: Cochise AZ 85635– Monterey Co: CA 93944– floor. Location: 44101, 44102, 44124, 44125, 44201 Status: Unutilized

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Bldg. 4491 Comment: 8416 sq. ft., 1 story, most recent Property #: 21199410269 Property #: 21199014916 use—vehicle maintenance shop, off-site Fort Gordon Fort Benning Co: Muscogee GA 31905– removal only. Fort Gordon Co: Richmond GA 30905– Status: Unutilized Bldg 4884, Fort Benning Status: Unutilized Comment: 18240 sq. ft.; 1 story building; Property #: 21199220762 Comment: 70 sq. ft.; 1 story metal; needs needs rehab; most recent use—Vehicle Ft. Benning Co: Muscogee GA 31905– rehab.; most recent use—storage; off-site maintenance shop. Status: Unutilized use only Bldg. 1252, Fort Benning Comment: 2000 sq. ft., 1 story, most recent Bldg. 21314 Property #: 21199220694 use—headquarters bldg., need repairs, off- Property #: 21199410270 Ft. Benning Co: Muscogee GA 31905– site removal only. Fort Gordon Status: Unutilized Bldg. 4964, Fort Benning Fort Gordon Co: Richmond GA 30905– Comment: 583 sq. ft., 1 story, most recent Property #: 21199220763 Status: Unutilized use—storehouse, needs major rehab, off- Ft. Benning Co: Muscogee GA 31905– Comment: 85 sq. ft.; 1 story; needs rehab.; site removal only. Status: Unutilized most recent use—storage; off-site use only Bldg 4881, Fort Benning Comment: 2000 sq. ft., 1 story, most recent Bldg. 12809 Property #: 21199220707 use—headquarters bldg., need repairs, off- Property #: 21199410272 Ft. Benning Co: Muscogee GA 31905– site removal only. Fort Gordon Status: Unutilized Bldg. 4966, Fort Benning Fort Gordon Co: Richmond GA 30905– Comment: 2449 sq. ft., 1 story, most recent Property #: 21199220764 Status: Unutilized use—storehouse, need repairs, off-site Ft. Benning Co: Muscogee GA 31905– Comment: 2788 sq. ft.; 1 story; wood; needs removal only. Status: Unutilized rehab.; most recent use—maintenance Bldg 4963, Fort Benning Comment: 2000 sq. ft., 1 story, most recent shop; off-site use only Property #: 21199220710 use—headquarters bldg., need repairs, off- Bldg. 10306 Ft. Benning Co: Muscogee GA 31905– site removal only. Property #: 21199410273 Status: Unutilized Bldg. 4965, Fort Benning Fort Gordon Comment: 6077 sq. ft., 1 story, most recent Property #: 21199220769 Fort Gordon Co: Richmond GA 30905– use—storehouse, need repairs, off-site Ft. Benning Co: Muscogee GA 31905– removal only. Status: Unutilized Status: Unutilized Comment: 195 sq. ft.; 1 story; wood; most 2396, Fort Benning Comment: 7713 sq. ft., 1 story, most recent recent use—oil storage shed; off-site use Property #: 21199220712 use—supply bldg., need repairs, off-site only Ft. Benning Co: Muscogee GA 31905– removal only. Bldg. 4051, Fort Benning Status: Unutilized Bldg. 4945, Fort Benning Property #: 21199520175 Comment: 9786 sq. ft., 1 story, most recent Property #: 21199220779 Ft. Benning Co: Muscogee GA 31905– use—dining facility, needs major rehab, Ft. Benning Co: Muscogee GA 31905– Status: Unutilized off-site removal only. Status: Unutilized Comment: 967 sq. ft., 1-story, needs rehab, Bldg. 4882, Fort Benning Comment: 220 sq. ft., 1 story, most recent Property #: 21199220727 use—gas station, needs major rehab, off- most recent use—storage, off-site use only Ft. Benning Co: Muscogee GA 31905– site removal only. Bldg. 2141 Status: Unutilized Bldg. 4979, Fort Benning Property #: 21199610655 Comment: 6077 sq. ft., 1 story, most recent Property #: 21199220780 Fort Gordon use—storage, need repairs, off-site removal Ft. Benning Co: Muscogee GA 31905– Ft. Gordon Co: Richmond GA 30905– only. Status: Unutilized Status: Unutilized Bldg. 4967, Fort Benning Comment: 400 sq. ft., 1 story, most recent Comment: 2283 sq. ft., needs repair, most Property #: 21199220728 use—oil house, need repairs, off-site recent use—office, off-site use only Ft. Benning Co: Muscogee GA 31905– removal only. Bldg. 322 Status: Unutilized Bldg. 4023, Fort Benning Property #: 21199720156 Comment: 6077 sq. ft., 1 story, most recent Property #: 21199310461 Fort Benning use—storage, need repairs, off-site removal Ft. Benning Co: Muscogee GA 31905– Ft. Benning Co: Muscogee GA 31905– only. Status: Unutilized Status: Unutilized Bldg. 4977, Fort Benning Comment: 2269 sq. ft., 1-story, needs rehab, Comment: 9600 sq. ft., needs rehab, most Property #: 21199220736 most recent use—maintenance shop, off- recent use—admin., off-site use only Ft. Benning Co: Muscogee GA 31905– site use only Bldg. 1737 Status: Unutilized Bldg. 4024, Fort Benning Property #: 21199720161 Comment: 192 sq. ft., 1 story, most recent Property #: 21199310462 Fort Benning use—offices, need repairs, off-site removal Ft. Benning Co: Muscogee GA 31905– Ft. Benning Co: Muscogee GA 31905– only. Status: Unutilized Status: Unutilized Bldg. 4944, Fort Benning Comment: 3281 sq. ft., 1-story, needs rehab, Comment: 1500 sq. ft., needs rehab, most Property #: 21199220747 most recent use—maintenance shop, off- recent use—storage, off-site use only Ft. Benning Co: Muscogee GA 31905– site use only Bldg. 2593 Status: Unutilized Bldg. 4067, Fort Benning Property #: 21199720167 Comment: 6400 sq. ft., 1 story, most recent Property #: 21199310465 Fort Benning use—vehicle maintenance shop, need Ft. Benning Co: Muscogee GA 31905– Ft. Benning Co: Muscogee GA 31905– repairs, off-site removal only. Status: Unutilized Status: Unutilized Bldg. 4960, Fort Benning Comment: 4406 sq. ft., 1-story, needs rehab, Comment: 13644 sq. ft., needs rehab, most Property #: 21199220752 most recent use—admin. off-site use only recent use—parachute shop, off-site use Ft. Benning Co: Muscogee GA 31905– Bldg. 10501 only Status: Unutilized Property #: 21199410264 Bldg. 2595 Comment: 3335 sq. ft., 1 story, most recent Fort Gordon Property #: 21199720168 use—vehicle maintenance shop, off-site Fort Gordon Co: Richmond GA 30905– Fort Benning removal only. Status: Unutilized Ft. Benning Co: Muscogee GA 31905– Bldg. 4969, Fort Benning Comment: 2516 sq. ft.; 1 story; wood; needs Status: Unutilized Property #: 21199220753 rehab.; most recent use—office; off-site use Comment: 3356 sq. ft., needs rehab, most Ft. Benning Co: Muscogee GA 31905– only recent use—chapel, off-site use only Status: Unutilized Bldg. 11813 Bldgs. 2865, 2869, 2872

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Property #:21199720169 Comment: 2998 sq. ft., most recent use— Property #: 21199930124 Fort Benning admin., off-site use only. Fort Benning Ft. Benning Co: Muscogee GA 31905– Bldg. 4373 Ft. Benning Co: Muscogee GA 31905– Status: Unutilized Property #: 21199810286 Status: Unutilized Comment: approx. 1100 sq. ft. each, needs Fort Benning Comment: 455 sq. ft., most recent use— rehab, most recent use—shower fac., off- Ft. Benning Co: Muscogee GA 31905– storage, off-site use only site use only Status: Unutilized Bldg. 2293 Bldg. 4476 Comment: 409 sq. ft., poor condition, most Property #: 21199930125 Property #: 21199720184 recent use—station bldg., off-site use only. Fort Benning Fort Benning Bldg. 4628 Ft. Benning Co: Muscogee GA 31905– Ft. Benning Co: Muscogee GA 31905– Property #: 21199810287 Status: Unutilized Status: Unutilized Fort Benning Comment: 2600 sq. ft., most recent use— Comment: 3148 sq. ft., needs rehab, most Ft. Benning Co: Muscogee GA 31905– hdqts. bldg., off-site use only recent use—vehicle maint. shop, off-site Status: Unutilized Bldg. 2297 use only. Comment: 5483 sq. ft., most recent use— Property #: 21199930126 8 Bldgs. admin., off-site use only. Fort Benning Property #: 21199720189 Bldg. 92 Ft. Benning Co: Muscogee GA 31905– Fort Benning Property #: 21199830278 Status: Unutilized 4700–4701, 4704–4707, 4710–4711 Fort Benning Comment: 5156 sq. ft., most recent use— Ft. Benning Co: Muscogee GA 31905– Ft. Benning Co: Muscogee GA 31905– admin., off-site use only Status: Unutilized Status: Unutilized Bldg. 2505 Comment: 6433 sq. ft. each, needs rehab, Comment: 637 sq. ft., needs rehab, most Property #: 21199930127 most recent use—unaccompanied recent use—admin., off-site use only. Fort Benning personnel housing, off-site use only. Bldg. 2445 Ft. Benning Co: Muscogee GA 31905– Bldg. 4714 Property #: 21199830279 Status: Unutilized Property #: 21199720191 Fort Benning Comment: 10,257 sq. ft., most recent use— Fort Benning Fort Benning Co: Muscogee GA 31905– repair shop, off-site use only Ft. Benning Co: Muscogee GA 31905– Status: Unutilized Bldg. 2508 Status: Unutilized Comment: 2385 sq. ft., needs rehab, most Property #: 21199930628 Comment: 1983 sq. ft., needs rehab, most recent use—fire station, off-site use only. Fort Benning recent use—battalion headquarters bldg., Bldg. 4232 Ft. Benning Co: Muscogee GA 31905– off-site use only. Property #: 21199830291 Status: Unutilized Bldg. 4702 Fort Benning Comment: 2434 sq. ft., most recent use— Property #: 21199720192 Fort Benning Co: Muscogee GA 31905– storage, off-site use only Fort Benning Status: Unutilized Bldg. 2815 Ft. Benning Co: Muscogee GA 31905– Comment: 3720 sq. ft., needs rehab, most Property #: 21199930129 Status: Unutilized recent use—maint. bay, off-site use only. Fort Benning Comment: 3690 sq. ft., needs rehab, most Bldg. 39720 Ft. Benning Co: Muscogee GA 31905– recent use—dining facility off-site use Property #: 21199930119 Status: Unutilized only. Fort Gordon Comment: 2578 sq. ft., most recent use— Bldgs. 4712–4713 Ft. Gordon Co: Richmond GA 30905– hdqts. bldg., off-site use only Property #: 21199720193 Status: Unutilized Bldg. 3815 Fort Benning Comment: 1520 sq. ft., concrete block, Property #: 21199930130 Ft. Benning Co: Muscogee GA 31905– possible asbestos/lead paint, most recent Fort Benning Status: Unutilized use—office, off-site use only. Ft. Benning Co: Muscogee GA 31905– Comment: 1983 sq. ft. and 10270 sq. ft., need Bldg. 492 Status: Unutilized rehab, most recent use—company Property #: 21199930120 Comment: 7575 sq. ft., most recent use— headquarters bldg., off-site use only. Fort Benning storage, off-site use only Bldg. 305 Ft. Benning Co: Muscogee GA 31905– Bldg. 3816 Property #: 21199810268 Status: Unutilized Property #: 21199930131 Fort Benning Comment: 720 sq. ft., most recent use— Fort Benning Ft. Benning Co: Muscogee GA 31905– admin/maint., off-site use only. Ft. Benning Co: Muscogee GA 31905– Status: Unutilized Bldg. 880 Status: Unutilized Comment: 4083 sq. ft., most recent use— Property #: 21199930121 Comment: 7514 sq. ft., most recent use— recreation center, off-site use only. Fort Benning storage, off-site use only Bldg. 318 Ft. Benning Co: Muscogee GA 31905– Bldg. 4555 Property #: 21199810269 Status: Unutilized Property #: 21199930132 Fort Benning Comment: 57,110 sq. ft., most recent use— Fort Benning Ft. Benning Co: Muscogee GA 31905– instruction, off-site use only Ft. Benning Co: Muscogee GA 31905– Status: Unutilized Bldg. 1370 Status: Unutilized Comment: 374 sq. ft., poor condition, most Property #: 21199930122 Comment: 18,240 sq. ft., most recent use— recent use—maint. shop, off-site use only. Fort Benning maint. shop, off-site use only Bldg. 1792 Ft. Benning Co: Muscogee GA 31905– Bldg. 5886 Property #: 21199810274 Status: Unutilized Property #: 21199930134 Fort Benning Comment: 5204 sq. ft., most recent use— Fort Benning Ft. Benning Co: Muscogee GA 31905– hdqts. bldg., off-site use only Ft. Benning Co: Muscogee GA 31905– Status: Unutilized Bldg. 2288 Status: Unutilized Comment: 10,200 sq. ft., most recent use— Property #: 21199930123 Comment: 67 sq. ft., most recent use—maint/ storage, off-site use only. Fort Benning storage, off-site use only Bldg. 1836 Ft. Benning Co: Muscogee GA 31905– Bldg. 5974–5978 Property #: 21199810276 Status: Unutilized Property #: 21199930135 Fort Benning Comment: 2481 sq. ft., most recent use— Fort Benning Ft. Benning Co: Muscogee GA 31905– admin., off-site use only Ft. Benning Co: Muscogee GA 31905– Status: Unutilized Bldg. 2290 Status: Unutilized

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Comment: 400 sq. ft., most recent use— Sheridan Army Reserve Complex Bldg. P–93 storage, off-site use only Sheridan Co: IL 60037– Property #: 21199820155 Bldg. 5993 Status: Unutilized Fort Leavenworth Property #: 21199930136 Comment: 4845 sq. ft. each, presence of Leavenworth KS 66027– Fort Benning asbestos, most recent use—admin/storage, Status: Unutilized Ft. Benning Co: Muscogee GA 31905– off-site use only. Comment: 63 sq. ft., concrete, most recent Status: Unutilized Bldgs. HP459, 460 use—storage, off-site use only Comment: 960 sq. ft., most recent use— Property #: 21199920191 Bldg. P–128 storage, off-site use only Sheridan Army Reserve Complex Property #: 21199820156 Bldg. 5994 Sheridan Co: IL 60037– Fort Leavenworth Property #: 21199930137 Status: Unutilized Leavenworth KS 66027– Fort Benning Comment: 4848 sq. ft., presence of asbestos, Status: Unutilized Ft. Benning Co: Muscogee GA 31905– most recent use—storage, off-site use only Comment: 79 sq. ft., concrete, most recent Status: Unutilized Kansas use—storage, off-site use only Comment: 2016 sq. ft., most recent use— Bldg. P–321 storage, off-site use only Building Property #: 21199820157 Bldg. 166, Fort Riley Fort Leavenworth Land Property #: 21199410325 Leavenworth KS 66027– Land (Railbed) Ft. Riley Co: Geary K 66442– Status: Unutilized Property #: 21199440440 Status: Unutilized Comment: 600 sq. ft., most recent use— Fort Benning Comment:3803 sq. ft., 3-story brick residence, picnic shelter, off-site use only Ft. Benning Co: Muscogee GA 31905– needs rehab, presence of asbestos, located Bldg. P–347 Status: Unutilized within National Registered Historic Property #: 21199820158 Comment: 17.3 acres extending 1.24 miles, District. Fort Leavenworth no known utilities potential. Bldg. 184, Fort Riley Leavenworth KS 66027– Hawaii Property #: 21199430146 Status: Unutilized Ft. Riley KS 66442– Comment: 2135 sq. ft., most recent use—bath Building Status: Unutilized house, off-site use only P–88 Comment: 1959 sq. ft., 1-story, needs rehab, Bldg. P–397 Property #: 21199030324 presence of asbestos, most recent use— Property #: 21199820159 Aliamanu Military boiler plant, historic district. Fort Leavenworth Reservation Bldg. P–390 Leavenworth KS 66027– Honolulu Co: Honolulu HI 96818– Property #: 2199740295 Status: Unutilized Location: Approximately 600 feet from Main Fort Leavenworth Comment: 80 sq. ft., most recent use— Gate on Aliamanu Drive. Leavenworth KS 66027– storage, off-site use only Status: Unutilized Status: Unutilized Bldg. S–809 Comment: 45,216 sq. ft. underground tunnel Comment: 4713 sq. ft., presence of lead based Property #: 21199820160 complex, pres. of asbestos clean-up paint, most recent use—swine house, off- Fort Leavenworth required of contamination, use of respirator site use only. Leavenworth KS 66027– required by those entering property, use Bldg. T–323 Status: Unutilized limitations. Property #: 21199810297 Comment: 39 sq. ft., most recent use—access Bldg. T–675A Fort Leavenworth control, off-site use only Leavenworth Co: Leavenworth KS 66027– Property #: 21199640202 Bldg. S–830 Status: Unutilized Schofield Barracks Property #: 21199820161 Comment: 720 sq. ft., most recent use—boy Wahiawa HI 96786– Fort Leavenworth scout bldg., off-site use only. Status: Unutilized Leavenworth KS 66027– Comment: 4365 sq. ft., most recent use— Bldg. T–688 Status: Unutilized office, off-site use only. Property #: 21199810298 Comment: 5789 sq. ft., most recent use— Bldg. T–337 Fort Leavenworth underground storage, off-site use only Property #: 21199640203 Leavenworth Co: Leavenworth KS 66027– Status: Unutilized Bldg. S–831 Fort Shafter Property #: 21199820162 Honolulu Co: Honolulu HI 96819– Comment: 832 sq. ft., possible lead paint, most recent use—girl scout bldg., off-site Fort Leavenworth Status: Unutilized use only. Leavenworth KS 66027– Comment: 132 sq. ft., most recent use— Status: Unutilized Bldg. T–895 storage, off-site use only Comment: 5789 sq. ft., most recent use— Property #: 21199810299 underground storage, off-site use only Illinois Fort Leavenworth Leavenworth Co: Leavenworth KS 66027– Bldg. T–2360 Building Status: Unutilized Property #: 21199830310 Bldg. 54 Comment: 228 sq. ft., possible lead paint, Fort Riley Property #: 21199620666 most recent use—storage, off-site use only. Ft. Riley KS Rock Island Arsenal Bldg. P–68 Status: Unutilized Rock Island Co: Rock Island IL 61299– Property #: 21199820153 Comment: 4534 sq. ft., needs major rehab, Status: Unutilized Fort Leavenworth most recent use—aces. fac. Comment: 2000 sq. ft., most recent use—oil Leavenworth KS 66027– Bldgs. P–104, P–105, P–106 storage, needs repair, off-site use only. Status: Unutilized Property #: 21199830313 Bldgs. HP113, 114 Comment: 2236 sq. ft., most recent use— Fort Leavenworth Property #: 21199920186 vehicle storage, off-site use only. Leavenworth KS 66027– Sheridan Army Reserve Complex Bldg. P–69 Status: Unutilized Sheridan Co: IL 60037– Property #: 21199820154 Comment: 81 sq. ft., most recent use— Status: Unutilized Fort Leavenworth storage, off-site use only Comment: 2864 sq. ft. and 3458 sq. ft., most Leavenworth KS 66027– Bldg. P–108 recent use—admin., off-site use only. Status: Unutilized Property #: 21199830314 Bldgs. HP432–439 Comment: 224 sq. ft., most recent use— Fort Leavenworth Property #: 21199920189 storage, off-site use only Leavenworth KS 66027–

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Status: Unutilized Property #: 21199920201 Comment: 4563 sq. ft., most recent use— Comment: 138 sq. ft., most recent use— Fort Leavenworth storage, off-site use only storage, off-site use only Leavenworth Co: KS 66027– Bldg. P–241 Bldg. P–147 Status: Unutilized Property #: 21199930148 Property #: 21199830315 Comment: 81 sq. ft., most recent use—utility, Fort Leavenworth Fort Leavenworth off-site use only Leavenworth CO: KS 66027– Leavenworth KS 66027– Bldg. P–242 Status: Unutilized Status: Unutilized Property #: 21199920202 Comment: 5920 sq. ft., most recent use— Comment: 378 sq. ft., most recent use— Fort Leavenworth storage, off-site use only storage, off-site use only Leavenworth Co: KS 66027– Bldg. T–257 Bldgs. P–163, P–169 Status: Unutilized Property #: 21199930149 Property #: 21199830316 Comment: 4680 sq. ft., most recent use— Fort Leavenworth Fort Leavenworth storage, off-site use only Leavenworth Co: KS 66027– Leavenworth KS 66027– Bldg. T–71 Status: Unutilized Status: Unutilized Property #: 21199930139 Comment: 5920 sq. ft., most recent use— Comment: 87 sq. ft., most recent use— Fort Leavenworth storage, off-site use only storage, off-site use only Leavenworth Co: KS 66027– Bldg. P–309 Bldg. P–164 Status: Unutilized Property #: 21199930150 Property #: 21199830317 Comment: 180 sq. ft., most recent use— Fort Leavenworth Fort Leavenworth storage, off-site use only Leavenworth Co: KS 66027– Leavenworth KS 66027– Bldg. P–75 Status: Unutilized Status: Unutilized Property #: 21199930140 Comment: 71 sq. ft., most recent use— Comment: 145 sq. ft., most recent use— Fort Leavenworth storage, off-site use only storage, off-site use only Leavenworth Co: KS 66027– Bldg. T347 Bldg. P–171 Status: Unutilized Property #: 21199940012 Property #: 21199830318 Comment: 12,129 sq. ft., most recent use— Fort Riley Fort Leavenworth storage, off-site use only Ft. Riley Co: Manhattan KS 66442– Leavenworth KS 66027– Bldg. P–76 Status: Unutilized Status: Unutilized Property #: 21199930141 Comment: 2888 sq. ft., most recent use— Comment: 144 sq. ft., most recent use— Fort Leavenworth storage, off-site use only storage, off-site use only Leavenworth Co: KS 66027– Bldg. P–172 Status: Unutilized Louisiana Comment: 180 sq. ft., most recent use— Property #: 21199830319 Building Fort Leavenworth storage, off-site use only Leavenworth KS 66027– Bldgs. P–26, P–97 Bldg. 8405, Fort Polk Status: Unutilized Property #: 21199930142 Property #: 21199640524 Comment: 87 sq. ft., most recent use— Fort Leavenworth Ft. Polk Co: Vernon Parish LA 71459– storage, off-site use only Leavenworth Co: KS 66027– Status: Underutilized Comment: 1029 sq. ft., most recent use— Bldgs. P–173, P–174 Status: Unutilized office Property #: 21199830320 Comment: 84 sq. ft., most recent use—utility, Fort Leavenworth off-site use only Bldg. 8407, Fort Polk Leavenworth KS 66027– Bldgs. P–110, P–114, P–115 Property #: 21199640525 Status: Unutilized Property #: 21199930143 Ft. Polk Co: Vernon Parish LA 71459– Comment: 120 sq. ft., most recent use— Fort Leavenworth Status: Underutilized storage, off-site use only Leavenworth Co: KS 66027– Comment: 2055 sq. ft., most recent use— Bldg. P–243 Status: Unutilized admin. Property #: 21199830321 Comment: 85–92 sq. ft., most recent use— Bldg. 8408, Fort Polk Fort Leavenworth utility, off-site use only Property #: 21199640526 Leavenworth KS 66027– Bldg. P–118 Ft. Polk Co: Vernon Parish LA 71459– Status: Unutilized Property #: 21199930144 Status: Underutilized Comment: 242 sq. ft., most recent use— Fort Leavenworth Comment: 2055 sq. ft., most recent use— industrial, off-site use only Leavenworth Co: KS 66027– admin. Bldg. P–146 Status: Unutilized Bldg. 8414, Fort Polk Property #: 21199920198 Comment: 117 sq. ft., most recent use— Property #: 21199640527 Fort Leavenworth storage, off-site use only Ft. Polk Co: Vernon Parish LA 71459– Leavenworth Co: KS 66027– Bldgs. P–160, P–161, P–165 Status: Underutilized Status: Unutilized Property #: 21199930145 Comment: 4172 sq. ft., most recent use— Comment: 196 sq. ft., most recent use— Fort Leavenworth barracks utility, off-site use only Leavenworth Co: KS 66027– Bldg. 8423, Fort Polk Bldg. P–149 Status: Unutilized Property #: 21199640528 Property #: 21199920199 Comment: 86—88 sq. ft., most recent use— Ft. Polk Co: Vernon Parish LA 71459– Fort Leavenworth utility, off-site use only Status: Underutilized Leavenworth Co: KS 66027– Bldg. P–223 Comment: 4172 sq. ft., most recent use— Status: Unutilized Property #: 21199930146 barracks Comment: 76 sq. ft., most recent use—utility, Fort Leavenworth Bldg. 8424, Fort Polk off-site use only Leavenworth Co: KS 66027– Property #: 21199640529 Bldg. P–150 Status: Unutilized Ft. Polk Co: Vernon Parish LA 71459– Property #: 21199920200 Comment: 7,174 sq. ft., most recent use— Status: Underutilized Fort Leavenworth storage, off-site use only Comment: 4172 sq. ft., most recent use— Leavenworth Co: KS 66027– Bldg. T–236 barracks Status: Unutilized Property #: 21199930147 Bldg. 8426, Fort Polk Comment: 96 sq. ft., most recent use—utility, Fort Leavenworth Property #: 21199640530 off-site use only Leavenworth Co: KS 66027– Ft. Polk Co: Vernon Parish LA 71459– Bldg. P–162 Status: Unutilized Status: Underutilized

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Comment: 4172 sq. ft., most recent use— Bldg. 8460, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– barracks Property #: 21199640544 Status: Underutilized Bldg. 8427, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– Comment: 4172 sq. ft., most recent use— Property #: 21199640531 Status: Underutilized barracks. Ft. Polk Co: Vernon Parish LA 71459– Comment: 4172 sq. ft., most recent use— Bldg. 8548, Fort Polk Status: Underutilized barracks Property #: 21199640558 Comment: 4172 sq. ft., most recent use— Bldg. 8461, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– barracks Property #: 21199640545 Status: Underutilized Bldg. 8428, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– Comment: 4172 sq. ft., most recent use— Property #: 21199640532 Status: Underutilized barracks. Ft. Polk Co: Vernon Parish LA 71459– Comment: 4172 sq. ft., most recent use— Bldg. 8549, Fort Polk Status: Underutilized barracks Property #: 21199640559 Comment: 4172 sq. ft., most recent use— Bldg. 8462, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– barracks Property #: 21199640546 Status: Underutilized Bldg. 8429, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– Comment: 4172 sq. ft., most recent use— Property #: 21199640533 Status: Underutilized barracks. Ft. Polk Co: Vernon Parish LA 71459– Comment: 4172 sq. ft., most recent use— Bldg. 4960 A–F Status: Underutilized barracks Property #: 21199940013 Comment: 4172 sq. ft., most recent use— Bldg. 8463, Fort Polk Fort Polk barracks Property #: 21199640547 Ft. Polk Co: Vernon Parish LA 71459– Bldg. 8430, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– Status: Underutilized Property #: 21199640534 Status: Underutilized Comment: 4412 sq. ft., most recent use— Ft. Polk Co: Vernon Parish LA 71459– Comment: 4172 sq. ft., most recent use— housing, off-site use only. Status: Underutilized barracks Bldg. 5143 A–D Comment: 4172 sq. ft., most recent use— Bldg. 8501, Fort Polk Property #: 21199940014 barracks Property #: 21199640548 Fort Polk Bldg. 8431, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– Ft. Polk Co: Vernon Parish LA 71459– Property #: 21199640535 Status: Underutilized Status: Underutilized Ft. Polk Co: Vernon Parish LA 71459– Comment: 1687 sq. ft., most recent use— Comment: 4109 sq. ft., most recent use— Status: Underutilized office housing, off-site use only. Comment: 4172 sq. ft., most recent use— Bldg. 8502, Fort Polk Bldg. 5179 A–F barracks Property #: 21199640549 Property #: 21199940015 Bldg. 8432, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– Fort Polk Property #: 21199640536 Status: Underutilized Ft. Polk Co: Vernon Parish LA 71459— Ft. Polk Co: Vernon Parish LA 71459– Comment: 1029 sq. ft., most recent use— Status: Underutilized Status: Underutilized office Comment: 8969 sq. ft., most recent use— Comment: 4172 sq. ft., most recent use— Bldg. 8541, Fort Polk housing, off-site only. barracks Property #: 21199640551 Bldg. 5253 A–D Bldg. 8433, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– Property #: 21199940016 Property #: 21199640537 Status: Underutilized Fort Polk Ft. Polk Co: Vernon Parish LA 71459– Comment: 4172 sq. ft., most recent use— Ft. Polk Co: Vernon Parish LA 71459— Status: Underutilized barracks Status: Underutilized Comment: 4172 sq. ft., most recent use— Bldg. 8542, Fort Polk Comment: 4109 sq. ft., most recent use— barracks Property #: 21199640552 housing, off-site use only. Bldg. 8446, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– Bldg. 5846 A–E Property #: 21199640538 Status: Underutilized Property #: 21199940017 Ft. Polk Co: Vernon Parish LA 71459– Comment: 4172 sq. ft., most recent use— Fort Polk Status: Underutilized barracks Ft. Polk Co: Vernon Parish LA 71459– Comment: 2093 sq. ft., most recent use— Bldg. 8543, Fort Polk Status: Underutilized admin. Property #: 21199640553 Comment: 3919 sq. ft., most recent use— Bldg. 8449, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– housing, off-site use only. Property #: 21199640539 Status: Underutilized Bldg. 5903 A–F Ft. Polk Co: Vernon Parish LA 71459– Comment: 4172 sq. ft., most recent use— Property #: 21199940018 Status: Underutilized barracks. Fort Polk Comment: 2093 sq. ft., most recent use— Bldg. 8544, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– office Property #: 21199640554 Status: Underutilized Bldg. 8450, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– Comment: 5719 sq. ft., most recent use— Property #: 21199640540 Status: Underutilized housing, off-site use only. Ft. Polk Co: Vernon Parish LA 71459– Comment: 4172 sq. ft., most recent use— Bldg. 5909 A–B Status: Underutilized barracks. Property #: 21199940019 Comment: 2093 sq. ft., most recent use— Bldg. 8545, Fort Polk Fort Polk admin. Property #: 21199640555 Ft. Polk Co: Vernon Parish LA 71459– Bldg. 8458, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– Status: Underutilized Property #: 21199640542 Status: Underutilized Comment: 2025 sq. ft., most recent use— Ft. Polk Co: Vernon Parish LA 71459– Comment: 4172 sq. ft., most recent use— housing, off-site use only. Status: Underutilized barracks. Bldg. 6169 A–D Comment: 4172 sq. ft., most recent use— Bldg. 8546, Fort Polk Property #: 21199940020 barracks Property #: 21199640556 Fort Polk Bldg. 8459, Fort Polk Ft. Polk Co: Vernon Parish LA 71459– Ft. Polk Co: Vernon Parish LA 71459– Property #: 21199640543 Status: Underutilized Status: Underutilized Ft. Polk Co: Vernon Parish LA 71459– Comment: 4172 sq. ft., most recent use— Comment: 2850 sq. ft., most recent use— Status: Underutilized barracks. housing, off-site use only. Comment: 4172 sq. ft., most recent use— Bldg. 8547, Fort Polk Bldg. 6475 A–B barracks Property #: 21199640557 Property #: 21199940021

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Fort Polk Comment: 7670 sq. ft., needs rehab, presence Comment: 6104 sq. ft., needs rehab, presence Ft. Polk Co: Vernon Parish LA 71459– of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— Status: Underutilized admin., off-site use only. admin., off-site use only. Comment: 5100 sq. ft., most recent use— Bldg. E5813 housing, off-site use only. Property #: 21199830326 Land Bldg. 6477 A–D Aberdeen Proving Ground 13 acres Property #: 21199940022 Co: Harford MD 21005–5001 Property #: 21199930151 Fort Polk Status: Unutilized West side of Rt 175 Ft. Polk Co: Vernon Parish LA 71459– Comment: 69 sq. ft., presence of asbestos/ Fort George G. Meade Status: Unutilized lead paint, most recent use—storage. Ft. Meade Co: Anne Arundel MD 20755–5111 Comment: 5972 sq. ft., most recent use— Bldg. 00307 Status: Underutilized housing, off-site use only. Property #: 21199930152 Comment: small paved area, remainder wooded. Bldg. 6704 A–D Aberdeen Proving Ground Property #: 21199940023 Aberdeen Co: Harford MD 21005– Missouri Fort Polk Status: Unutilized Building Ft. Polk Co: Vernon Parish LA 71459– Comment: 4071 sq. ft., most recent use— Status: Unutilized admin., off-site use only. Bldg. T599 Comment: 5972 sq. ft., most recent use— Bldg. 00646 Property #: 21199230260 housing, off-site use only. Property #: 21199930153 Fort Leonard Wood Bldg. 6810 A–D Aberdeen Proving Gound Ft. Leonard Wood Co: Pulaski MO 65473– Property #: 21199940024 Aberdeen Co: Harford MD 21005– 5000 Status: Unutilized Status: Underutilized Fort Polk Comment: 880 sq. ft., presence of asbestos/ Comment: 18270 sq. ft., 1-story, presence of Ft. Polk Co: Vernon Parish LA 71459– lead paint, most recent use—storage, off- asbestos, most recent use—storehouse, off- Status: Unutilized site use only. site use only. Comment: 6193 sq. ft., most recent use— housing, off-site use only. Bldg. 01110 Bldg. T2171 Property #: 21199930154 Property #: 21199340212 Maryland Aberdeen Proving Gound Fort Leonard Wood Aberdeen Co: Harford MD 21005– Building Ft. Leonard Wood Co: Pulaski MO 65473– Status: Unutilized 5000 Bldg. 370 Comment: 396 sq. ft., most recent use— Status: Unutilized Property #: 21199730256 magazine, off-site use only. Comment: 1296 sq. ft., 1-story wood frame, Fort Meade Bldg. 01195 most recent use—administrative, no Ft. Meade Co: Anne Arundel MD 20755–5115 Property #: 21199930115 handicap fixtures, lead base paint, off-site Status: Unutilized Aberdeen Proving Gound use only. Comment: 19,583 sq. ft., most recent use— Aberdeen Co: Harford MD 21005– Bldg. T6822 NCO club, possible abestos/lead paint. Status: Unutilized Property #: 21199340219 Bldg. 2446 Comment: 120 sq. ft., most recent use— Fort Leonard Wood Property #: 21199740305 storage, off-site use only. Ft. Leonard Wood Co: Pulaski MO 65473– Fort George G. Meade Bldg. E3264 5000 Ft. Meade Co: Anne Arundel MD 20755–5115 Property #: 21199930156 Status: Underutilized Status: Unutilized Aberdeen Proving Gound Comment: 4000 sq. ft., 1-story wood frame, Comment: 4720 sq. ft., presence of asbestos/ Aberdeen Co: Harford MD 21005– most recent use—storage, no handicap lead paint, most recent use—admin., off- Status: Unutilized fixtures, off-site use only. site use only. Comment: 64 sq. ft., most recent use—access Bldg. T1497 Bldg. 2472 control facility, off-site use only. Property #: 21199420441 Property #: 21199740306 Bldg. E3333 Fort Leonard Wood Fort George G. Meade Property #: 21199930157 Ft. Leonard Wood Co: Pulaski MO 65473– Ft. Meade Co: Anne Arundel MD 20755–5115 Aberdeen Proving Gound 5000 Status: Unutilized Aberdeen Co: Harford MD 21005– Status: Underutilized Comment: 7670 sq. ft., presence of asbestos/ Status: Unutilized Comment: 4720 sq. ft., 2-story, presence of lead paint, most recent use—admin., off- Comment: 64 sq. ft., most recent use—access lead base paint, most recent use—admin/ site use only. control facility, off-site use only. gen. purpose, off-site use only. Bldg. 4700 Bldgs. 2454–2457 Bldg. T2139 Property #: 21199740309 Property #: 21199940025 Property #: 21199420446 Fort George G. Meade Fort George G. Meade Fort Leonard Wood Ft. Meade Co: Anne Arundel MD 20755–5115 Ft. Meade Co: Anne Arundel MD 20755–5115 Ft. Leonard Wood Co: Pulaski MO 65473– Status: Unutilized Status: Unutilized 5000 Comment: 36,619 sq. ft., presence of Comment: 4720 sq. ft., needs rehab, presence Status: Underutilized asbestos/lead paint, most recent use— of asbestos, most recent use—admin./ Comment: 3663 sq. ft., 1-story, presence of admin., off-site use only. health clinics, off-site use only. lead base paint, most recent use—admin/ Bldg. 6294 Bldg. 2478 gen. purpose, off-site use only. Property #: 21199810302 Property #: 21199940026 Bldg. T2191 Fort Meade Fort George G. Meade Property #: 21199440334 Ft. Meade Co: Anne Arundel MD 20755–5115 Ft. Meade Co: Anne Arundel MD 20755–5115 Fort Leonard Wood Status: Unutilized Status: Unutilized Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 4720 sq. ft., needs rehab, presence Comment: 2534 sq. ft., needs rehab, presence 5000 of asbestos/lead paint, most recent use— of asbestos, most recent use—health clinic, Status: Excess custodial, off-site use only. off-site use only. Comment: 4720 sq. ft., 2-story wood frame, Bldg. 3176 Bldg. 2845 off-site removal only, to be vacated 8/95, Property #: 21199810303 Property #: 21199940027 lead based paint, most recent use— Fort Meade Fort George G. Meade barracks. Ft. Meade Co: Anne Arundel MD 20755–5115 Ft. Meade Co: Anne Arundel MD 20755–5115 Bldg. T2197 Status: Unutilized Status: Unutilized Property #: 21199440335

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Fort Leonard Wood Comment: 4720 sq. ft., presence of asbestos/ Bldg. 758 Ft. Leonard Wood Co: Pulaski MO 65473– lead paint, most recent use—barracks, off- Property #: 21199810306 5000 site use only. Fort Leonard Wood Status: Excess Bldg. 1283 Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 4720 sq. ft., 2 story wood frame, Property #: 21199730280 5000 off-site removal only, to be vacated 8/95, Fort Leonard Wood Status: Unutilized lead based paint, most recent use— Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 2400 sq. ft., presence of asbestos/ barracks. 5000 lead paint, most recent use—classroom, Bldg. T590 Status: Unutilized off-site use only. Property #: 21199510110 Comment: 1296 sq. ft., presence of asbestos/ Bldg. 759 Fort Leonard Wood lead paint, most recent use—storage, off- Property #: 21199810307 Ft. Leonard Wood Co: Pulaski MO 65473– site use only. Fort Leonard Wood Status: Excess Bldg. 1284 Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 3263 sq. ft., 1-story, wood frame, Property #: 21199730281 5000 most recent use—admin., to be vacated 8/ Fort Leonard Wood Status: Unutilized 95, off-site use only. Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 2400 sq. ft., presence of asbestos/ Bldg. T2385 5000 lead paint, most recent use—classroom, Property #: 21199510115 Status: Unutilized off-site use only. Fort Leonard Wood Comment: 4720 sq. ft., presence of asbestos/ Bldg. 760 Ft. Leonard Wood Co: Pulaski MO 65473– lead paint, most recent use—admin., off- Property #: 21199810308 Status: Excess site use only. Fort Leonard Wood Comment: 3158 sq. ft., 1-story, wood frame, Bldg. 1285 Ft. Leonard Wood Co: Pulaski MO 65473– most recent use—admin., to be vacated 8/ Property #: 21199730282 5000 95, off-site use only. Fort Leonard Wood Status: Unutilized Bldgs. T2340 thru T2343 Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 2400 sq. ft., presence of asbestos/ 5000 Property #: 21199710138 lead paint, off-site use only. Status: Unutilized Fort Leonard Wood Bldgs. 761–766 Comment: 4720 sq. ft., presence of asbestos/ Ft. Leonard Wood Co: Pulaski MO 65473– Property #: 21199810309 lead paint, most recent use—barracks, off- 5000 Fort Leonard Wood site use only. Status: Underutilized Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 9267 sq. ft. each, most recent Bldg. 1286 5000 use—storage/general purpose. Property #: 21199730283 Status: Unutilized Fort Leonard Wood Bldg. 1226 Comment: 2400 sq. ft. each, presence of Ft. Leonard Wood Co: Pulaski MO 65473– Property #: 21199730275 asbestos/lead paint, most recent use— 5000 classroom, off-site use only. Fort Leonard Wood Status: Unutilized Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 1296 sq. ft., presence of asbestos/ Bldg. 1650 5000 lead paint, most recent use—admin., off- Property #: 21199810311 Status: Unutilized site use only. Fort Leonard Wood Comment: 1600 sq. ft., presence of asbestos/ Ft. Leonard Wood Co: Pulaski MO 65473– lead paint, most recent use—admin., off- Bldg. 1287 5000 site use only. Property #: 21199730284 Status: Unutilized Fort Leonard Wood Comment: 1676 sq. ft., presence of asbestos/ Bldg. 1271 Ft. Leonard Wood Co: Pulaski MO 65473– Property #: 21199730276 lead paint, most recent use—union hall, 5000 off-site use only. Fort Leonard Wood Status: Unutilized Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 4720 sq. ft., presence of asbestos/ Bldg. 2111 5000 lead paint, most recent use—barracks, off- Property #: 21199810312 Status: Unutilized site use only. Fort Leonard Wood Comment: 2360 sq. ft., presence of asbestos/ Ft. Leonard Wood Co: Pulaski MO 65473– Bldg. 1288 lead paint, most recent use—storage, off- 5000 Property #: 21199730285 site use only. Status: Unutilized Fort Leonard Wood Comment: 1600 sq. ft., presence of asbestos/ Bldg. 1280 Ft. Leonard Wood Co: Pulaski MO 65473– lead paint, most recent use—union hall, Property #: 21199730277 5000 off-site use only. Fort Leonard Wood Status: Unutilized Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 2360 sq. ft., presence of asbestos/ Bldg. 2170 5000 lead paint, most recent use—dining Property #: 21199810313 Status: Unutilized facility, off-site use only. Fort Leonard Wood Comment: 1144 sq. ft., presence of asbestos/ Bldg. 1289 Ft. Leonard Wood Co: Pulaski MO 65473– lead paint, most recent use—classroom, Property #: 21199730286 5000 off-site use only. Fort Leonard Wood Status: Unutilized Bldg. 1281 Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 1296 sq. ft., presence of asbestos/ Property #: 21199730278 5000 lead paint, most recent use—admin., off- Fort Leonard Wood Status: Unutilized site use only. Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 1144 sq. ft., presence of asbestos/ Bldg. 2204 5000 lead paint, most recent use—classroom, Property #: 21199810315 Status: Unutilized off-site use only. Fort Leonard Wood Comment: 2360 sq. ft., presence of asbestos/ Bldg. 430 Ft. Leonard Wood Co: Pulaski MO 65473– lead paint, most recent use—classroom, Property #: 21199810305 5000 off-site use only. Fort Leonard Wood Status: Unutilized Bldg. 1282 Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 3525 sq. ft., presence of asbestos/ Property #: 21199730279 5000 lead paint, most recent use—admin., off- Fort Leonard Wood Status: Unutilized site use only. Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 4100 sq. ft., presence of asbestos/ Bldg. 2225 5000 lead paint, most recent use—Red Cross Property #: 21199810316 Status: Unutilized facility, off-site use only. Fort Leonard Wood

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Ft. Leonard Wood Co: Pulaski MO 65473– Bldg. 401 Fort Leonard Wood 5000 Property #: 21199820164 Ft. Leonard Wood Co: Pulaski MO 65473– Status: Unutilized Fort Leonard Wood 5000 Comment: 820 sq. ft., presence of lead paint, Ft. Leonard Wood Co: Pulaski MO 65473– Status: Unutilized most recent use—storage, off-site use only. 5000 Comment: 4720 sq. ft., presence of asbestos/ Bldg. 2271 Status: Unutilized lead paint, most recent use—barracks, off- Property #: 21199810317 Comment: 9567 sq. ft., presence of asbestos/ site use only. Fort Leonard Wood lead paint, most recent use—admin., off- Bldg. 2150 Ft. Leonard Wood Co: Pulaski MO 65473– site use only. Property #: 21199820175 5000 Bldg. 856 Fort Leonard Wood Status: Unutilized Property #: 21199820166 Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 256 sq. ft., presence of lead paint, Fort Leonard Wood 5000 most recent use—storage, off-site use only. Ft. Leonard Wood Co: Pulaski MO 65473– Status: Unutilized Comment: 2892 sq. ft., presence of asbestos/ Bldg. 2275 5000 lead paint, most recent use—dayroom, off- Property #: 21199810318 Status: Unutilized site use only. Fort Leonard Wood Comment: 2400 sq. ft., presence of asbestos/ Ft. Leonard Wood Co: Pulaski MO 65473– lead paint, most recent use—storage, off- Bldg. 2155 5000 site use only Property #: 21199820176 Status: Unutilized Bldg. 859 Fort Leonard Wood Comment: 225 sq. ft., presence of lead paint, Property #: 21199820167 Ft. Leonard Wood Co: Pulaski MO 65473– most recent use—storage, off-site use only. Fort Leonard Wood 5000 Ft. Leonard Wood Co: Pulaski MO 65473– Status: Unutilized Bldg. 2291 Comment: 1296 sq. ft., presence of asbestos/ Property #: 21199810319 5000 Status: Unutilized lead paint, most recent use—admin., off- Fort Leonard Wood site use only. Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 2400 sq. ft., presence of asbestos/ Bldgs. 2156, 2157, 2163, 2164 5000 lead paint, most recent use—storage, off- Property #: 21199820177 Status: Unutilized site use only. Fort Leonard Wood Comment: 510 sq. ft., presence of lead paint, Bldg. 1242 Ft. Leonard Wood Co: Pulaski MO 65473– most recent use—storage, off-site use only. Property #: 21199820168 5000 Fort Leonard Wood Bldg. 2318 Status: Unutilized Ft. Leonard Wood Co: Pulaski MO 65473– Property #: 21199810322 Comment: 4720 sq. ft., presence of asbestos/ 5000 Fort Leonard Wood lead paint, most recent use—barracks, off- Status: Unutilized Ft. Leonard Wood Co: Pulaski MO 65473– site use only. Comment: 2360 sq. ft., presence of asbestos/ 5000 Bldg. 2165 Status: Unutilized lead paint, most recent use—storage, off- site use only. Property #: 21199820178 Comment: 9267 sq. ft., presence of asbestos/ Fort Leonard Wood lead paint, most recent use—storage, off- Bldg. 1265 Ft. Leonard Wood Co: Pulaski MO 65473– site use only. Property #: 21199820169 5000 Bldg. 2579 Fort Leonard Wood Status: Unutilized Property #: 21199810325 Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 2892 sq. ft., presence of asbestos/ Fort Leonard Wood 5000 lead paint, most recent use—dayroom, off- Ft. Leonard Wood Co: Pulaski MO 65473– Status: Unutilized site use only. 5000 Comment: 2360 sq. ft., presence of asbestos/ lead paint, most recent use—storage, off- Bldg. 2167 Status: Unutilized Property #: 21199820179 site use only. Comment: 176 sq. ft., presence of asbestos/ Fort Leonard Wood lead paint, most recent use—storage, off- Bldg. 1267 Ft. Leonard Wood Co: Pulaski MO 65473– site use only. Property #: 21199820170 5000 Bldg. 2580 Fort Leonard Wood Status: Unutilized Property #: 21199810326 Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 1296 sq. ft., presence of asbestos/ Fort Leonard Wood 5000 lead paint, most recent use—admin., off- Ft. Leonard Wood Co: Pulaski MO 65473– Status: Unutilized site use only. Comment: 1144 sq. ft., presence of asbestos/ 5000 Bldgs. 2169, 2181, 2182, 2183 lead paint, most recent use—admin., off- Status: Unutilized Property #: 21199820180 Comment: 200 sq. ft., presence of asbestos/ site use only. Fort Leonard Wood lead paint, most recent use—generator Bldg. 1272 Ft. Leonard Wood Co: Pulaski MO 65473– plant, off-site use only. Property #: 21199820171 5000 Bldg. 4199 Fort Leonard Wood Status: Unutilized Property #: 21199810327 Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 4720 sq. ft., presence of asbestos/ Fort Leonard Wood 5000 lead paint, most recent use—barracks, off- Ft. Leonard Wood Co: Pulaski MO 65473– Status: Unutilized site use only. 5000 Comment: 1144 sq. ft., presence of asbestos/ Bldg. 2186 Status: Unutilized lead paint, most recent use—admin., off- Property #: 21199820181 Comment: 2400 sq. ft., presence of asbestos/ site use only. Fort Leonard Wood lead paint, most recent use—storage, off- Bldg. 1277 Ft. Leonard Wood Co: Pulaski MO 65473– site use only. Property #: 21199820172 5000 Bldg. 386 Fort Leonard Wood Status: Unutilized Property #: 21199820163 Ft. Leonard Wood Co: Pulaski MO 65473– Comment: 1296 sq. ft., presence of asbestos/ Fort Leonard Wood 5000 lead paint, most recent use—admin., off- Ft. Leonard Wood Co: Pulaski MO 65473– Status: Unutilized site use only. 5000 Comment: 1144 sq. ft., presence of asbestos/ Bldg. 2187 Status: Unutilized lead paint, most recent use—admin., off- Property #: 21199820182 Comment: 4902 sq. ft., presence of asbestos/ site use only. Fort Leonard Wood lead paint, most recent use—fire station, Bldgs. 2142, 2145, 2151–2153 Ft. Leonard Wood Co: Pulaski MO 65473– off-site use only. Property #: 21199820174 5000

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Status: Unutilized Comment: 4332 sq. ft., presence of asbestos/ Armament R&D Engineering Comment: 2892 sq. ft., presence of asbestos/ lead paint, most recent use—family Center lead paint, most recent use—dayroom, off- quarters, off-site use only. Picatinny Arsenal Co: Morris NJ 07806–5000 site use only. Bldg. 493 Status: Unutilized Bldgs. 2192, 2196, 2198 Property #: 21199930158 Comment: 2067 sq. ft., most recent use— Property #: 21199820183 Fort Leonard Wood research, off-site use only. Fort Leonard Wood Ft. Leonard Wood Co: Pulaski MO 65473– Bldg. 642 Ft. Leonard Wood Co: Pulaski MO 65473– Status: Unutilized Property #: 21199740314 5000 Comment: 26936 sq. ft., concrete, presence of Armament R&D Engineering Status: Unutilized asbestos/lead paint, most recent use—store, Center Comment: 4720 sq. ft., presence of asbestos/ off-site use only. Picatinny Arsenal Co: Morris NJ 07806–5000 lead paint, most recent use—barracks, off- Status: Unutilized Nevada site use only. Comment: 280 sq. ft., most recent use— explosives testing, off-site use only. Bldgs. 2304, 2306 Land Bldg. 732 Property #: 21199820184 Parcel A Property #: 21199740315 Fort Leonard Wood Property #: 21199012049 Armament R&D Engineering Ft. Leonard Wood Co: Pulaski MO 65473– Hawthorne Army Ammunition Center 5000 Plant Picatinny Arsenal Co: Morris NJ 07806–5000 Status: Unutilized Hawthorne Co: Mineral NV 89415– Status: Unutilized Comment: 1625 sq. ft., presence of asbestos/ Location: At foot of Eastern slope of Mount Comment: 9077 sq. ft., needs rehab, most lead paint, most recent use—storage, off- Grant in Wassuk Range & S.W. edge of recent use—storage, off-site use only. site use only. Walker Lane Bldg. 1604 Bldg. 12651 Status: Unutilized Property #: 21199740321 Property #: 21199820186 Comment: 160 acres, road and utility Armament R&D Engineering Fort Leonard Wood easements, no utility hookup, possible flooding problem. Center Ft. Leonard Wood Co: Pulaski MO 65473– Picatinny Arsenal Co: Morris NJ 07806–5000 Parcel B 5000 Status: Unutilized Property #: 21199012056 Status: Unutilized Comment: 8519 sq. ft., most recent use— Hawthorne Army Ammunition Comment: 240 sq. ft., presence of lead paint, loading facility, off-site use only. off-site use only. Plant Bldg. 3117 Bldg. 1448 Hawthorne Co: Mineral NV 89415– Location: At foot of Eastern slope of Mount Property #: 21199740322 Property #: 21199830327 Grant in Wassuk Range & S.W. edge of Armament R&D Engineering Fort Leonard Wood Walker Lane Center Co: Pulaski MO 65473–5000 Status: Unutilized Picatinny Arsenal Co: Morris NJ 07806–5000 Status: Unutilized Comment: 1920 acres; road and utility Status: Unutilized Comment: 8450 sq. ft., presence of asbestos/ easements; no utility hookup; possible Comment: 100 sq. ft., most recent use—sentry lead paint, most recent use—training, off- flooding problem. station, off-site use only. site use only. Parcel C Bldg. 3201 Bldg. 2210 Property #: 21199012057 Property #: 21199740324 Property #: 21199830328 Hawthorne Army Ammunition Armament R&D Engineering Fort Leonard Wood Plant Center Co: Pulaski MO 65473–5000 Hawthorne Co: Mineral NV 89415– Picatinny Arsenal Co: Morris NJ 07806–5000 Status: Unutilized Location: South-southwest of Hawthorne Status: Unutilized Comment: 808 sq. ft., concrete, presence of along HWAAP’s South Magazine Area at Comment: 1360 sq. ft., most recent use— asbestos/lead paint, most recent use— Western edge of State Route 359 water treatment plant, off-site use only. storage, off-site use only. Status: Unutilized Bldg. 3202 Bldg. 2270 Comment: 85 acres; road & utility easements; Property #: 21199740325 Property #: 21199830329 no utility hookup. Armament R&D Engineering Fort Leonard Wood Parcel D Center Co: Pulaski MO 65473–5000 Property #: 21199012058 Picatinny Arsenal Co: Morris NJ 07806–5000 Status: Unutilized Hawthorne Army Ammunition Status: Unutilized Comment: 256 sq. ft., concrete, presence of Plant Comment: 96 sq. ft., most recent use—snack asbestos/lead paint, most recent use— Hawthorne Co: Mineral NV 89415– bar, off-site use only. storage, off-site use only. Location: South-southwest of Hawthorne Bldg. 3219 Bldg. 6036 along HWAAP’S South Magazine Area at Property #: 21199740326 Property #: 21199910101 western edge of State Route 359. Armament R&D Engineering Fort Leonard Wood Status: Unutilized Center Pulaski Co: MO 65473–8994 Comment: 955 acres; road & utility Picatinny Arsenal Co: Morris NJ 07806–5000 Status: Underutilized easements; no utility hookup. Status: Unutilized Comment: 240 sq. ft., off-site use only. Comment: 288 sq. ft., most recent use—snack New Jersey Bldg. 9110 bar, off-site use only. Property #: 21199910108 Building New Mexico Fort Leonard Wood Bldg. 22 Pulaski Co: MO 65473–8994 Property #: 21199740311 Building Status: Underutilized Armament R&D Engineering 68 Housing Units Comment: 6498 sq. ft., presence of asbestos/ Center Property #: 21199940028 lead paint, most recent use—family Picatinny Arsenal Co: Morris NJ 07806–5000 White Sands Missile Range quarters, off-site use only. Status: Unutilized White Sands Co: Dona Ana NM 88002– Bldgs. 9113, 9115, 9117 Comment: 4220 sq. ft., needs rehab, most Status: Unutilized Property #: 21199910109 recent use—machine shop, off-site use Comment: 1269 sq. ft. ea., needs major repair, Fort Leonard Wood only. presence of asbestos, most recent use— Pulaski Co: MO 65473–8994 Bldg. 178 housing, off-site use only. Status: Underutilized Property #: 21199740312 Facility 11230

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Property #: 21199940029 Property #: 21199840145 Status: Unutilized White Sands Missile Range Fort Drum Co: Jefferson NY 13602– Comment: 2740 sq. ft., most recent use—HQ White Sands Co: Dona Ana NM 88002– Status: Unutilized bldg., off-site use only. Status: Unutilized Comment: 2360 sq. ft., most recent use— Bldg. P–996 Comment: 1620 sq. ft., needs major repair, storage, off-site use only. Property #: 21199840158 presence of asbestos, most recent use— Bldg. T–254 Fort Drum Co: Jefferson NY 13602– housing unit, off-site use only. Property #: 21199840146 Status: Unutilized Fort Drum Co: Jefferson NY 13602– 3 Facilities Comment: 9602 sq. ft., most recent use— Property #: 21199940030 Status: Unutilized storage, off-site use only. White Sands Missile Range Comment: 4720 sq. ft., most recent use— #00651, 00637, 00716 barracks, off-site use only. Bldg. S–998 White Sands Co: Dona Ana NM 88002– Bldg. T–260 Property #: 21199840159 Status: Unutilized Property #: 21199840147 Fort Drum Co: Jefferson NY 13602– Comment: 1509 sq. ft. ea., needs major repair, Fort Drum Co: Jefferson NY 13602– Status: Unutilized presence of asbestos, most recent use— Status: Unutilized Comment: 1432 sq. ft., most recent use— housing units, off-site use only. Comment: 2371 sq. ft., most recent use—HQ storage, off-site use only. 17 Garages bldg., off-site use only. Bldg. T–2159 Property #: 21199940031 Bldg. T–261 Property #: 21199840160 White Sands Missile Range Property #: 21199840148 Fort Drum Co: Jefferson NY 13602– White Sands Co: Dona Ana NM 88002– Fort Drum Co: Jefferson NY 13602– Status: Unutilized Status: Unutilized Status: Unutilized Comment: 1948 sq ft., off-site use only. Comment: 598 sq. ft., needs major repair, Comment: 1144 sq. ft., most recent use—HQ Bldg. T–2329 presence of asbestos, most recent use— bldg., off-site use only. Property #: 21199840163 garages, off-site use only. Bldg. T–262 Fort Drum Co: Jefferson NY 13602– 37 Garages Property #: 21199840149 Status: Unutilized Property #: 21199940032 Fort Drum Co: Jefferson NY 13602– Comment: 2027 sq. ft., most recent use— White Sands Missile Range Status: Unutilized museum, off-site use only. White Sands Co: Dona Ana NM 88002– Comment: 1144 sq. ft., most recent use—HQ Status: Unutilized bldg., off-site use only. Bldg. P–2415 Property #: 21199840164 Comment: 312 sq. ft., needs major repair, Bldg. T–340 Fort Drum Co: Jefferson NY 13602– presence of asbestos, most recent use— Property #: 21199840150 garages, off-site use only. Fort Drum Co: Jefferson NY 13602– Status: Unutilized Comment: 214 sq. ft., most recent use— New York Status: Unutilized Comment: 2360 sq. ft., most recent use— incinerator, off-site use only. Building storage, off-site use only. Bldg. P–21572 4 Bldgs. Bldg. T–392 Property #: 21199840167 Property #: 21199830336 Property #: 21199840151 Fort Drum Co: Jefferson NY 13602– Stewart Army Subpost Fort Drum Co: Jefferson NY 13602– Status: Unutilized United States Military Status: Unutilized Comment: 240 sq. ft., most recent use— Academy Comment: 2740 sq. ft., most recent use— bunker, off-site use only. New Windsor Co: Orange NY 12553– storage, off-site use only. Bldg. P–87 Location: Bldg. T–413 Property #: 21199920203 #2000, 2002, 2004, 2006 Property #: 21199840152 Fort Drum Status: Unutilized Fort Drum Co: Jefferson NY 13602– Ft. Drum Co: Jefferson NY 13602– Comment: 35,356 sq. ft., fair possible Status: Unutilized Status: Unutilized asbestos/lead paint, most recent use— Comment: 3663 sq. ft., most recent use— Comment: 360 sq. ft., needs rehab, most lodging. admin., off-site use only. recent use—admin., off-site use only. 7 Bldgs. Bldg. T–415 Property #: 21199830339 Property #: 21199840153 Land Stewart Army Subpost Co: Jefferson NY 13602– Land—6.965 Acres United States Military Status: Unutilized Property #: 21199540018 Academy Comment: 1676 sq. ft., most recent use—HQ Dix Avenue New Windsor Co: Orange NY 12553– bldg., off-site use only. Queensbury Co: Warren NY 12801– Location: Bldg. T–530 Status: Unutilized #2400, 2402, 2404, 2500, 2506, 2514, 2516 Property #: 21199840154 Comment: 6.96 acres of vacant land, located Status: Unutilized Fort Drum Co: Jefferson NY 13602– in industrial area, potential utilities. Comment: 21,972 sq. ft., poor, possible Status: Unutilized asbestos/lead paint, most recent use— Comment: 2588 sq. ft., most recent use—HQ Ohio storage/admin. bldg., off-site use only. Building Bldg. T–35 Bldg. T–840 Property #: 21199840143 Property #: 21199840155 15 Units Fort Drum Fort Drum Co: Jefferson NY 13602– Property #: 21199230354 Co: Jefferson NY 13602– Status: Unutilized Military Family Housing Status: Unutilized Comment: 2803 sq. ft., most recent use— Ravenna Army Ammunition Plant Comment: 1296 sq. ft., most recent use— dining, off-site use only. Ravenna Co: Portage OH 44266–9297 admin., off-site use only. Bldg. T–892 Status: Excess Bldg. S–149 Property #: 21199840156 Comment: 3 bedroom (7 units)—1,824 sq. ft. Property #: 21199840144 Fort Drum Co: Jefferson NY 13602– each, 4 bedroom 8 units)—2,430 sq. ft. Fort Drum Status: Unutilized each, 2-story wood frame, presence of Co: Jefferson NY 13602– Comment: 2740 sq. ft., most recent use—HQ asbestos, off-site use only. Status: Unutilized bldg., off-site use only. 7 Units Comment: 2488 sq. ft., most recent use— Bldg. T–991 Property #: 21199230355 admin., off-site use only. Property #: 21199840157 Military Family Housing Bldg. T–250 Fort Drum Co: Jefferson NY 13602– Garages

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Ravenna Army Ammunition Property #: 21199520197 Status: Unutilized Plant Lawton Co: Comanche OK 73501–5100 Comment: 6332 sq. ft., possible asbestos/lead Ravenna Co: Portage OH 44266–9297 Status: Unutilized paint, most recent use—training center, off- Status: Excess Comment: 15402 sq. ft., 1-story, most recent site use only. Comment: 1—4 stall garage and 6—3 stall use—storage, off-site use only. Bldgs. T–215, T–216 garages, presence of asbestos, off-site use Bldg. P–366, Fort Sill Property #: 21199730347 only. Property #: 21199610740 Fort Sill Oklahoma Lawton Co: Comanche OK 73503– Lawton Co: Comanche OK 73503–5100 Status: Unutilized Status: Unutilized Building Comment: 482 sq. ft., possible asbestos, most Comment: 6300 sq. ft. each, possible Bldg. T–2606 recent use—storage, off-site use only. asbestos/lead paint, most recent use— Property #: 21199011273 Bldg. P–1800, storage, off-site use only. Fort Sill Property #: 21199710033 Bldg. T–217 2606 Currie Road Fort Sill Property #: 21199730348 Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Fort Sill Status: Unutilized Status: Unutilized Lawton Co: Comanche OK 73503–5100 Comment: 2722 sq. ft.; possible asbestos, one Comment: 2,545 sq. ft., possible asbestos and Status: Unutilized floor wood frame; most recent use— leadpaint, most recent use—military Comment: 6394 sq. ft., possible asbestos/lead Headquarters Bldg. equipment, off-site use only. paint, most recent use—training center, off- Bldg. T–838, Fort Sill Building T–2952 site use only. Property #: 21199710047 Property #: 21199220609 Bldg. T–810 838 Macomb Road Fort Sill Property #: 21199730350 Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Fort Sill Status: Unutilized Status: Unutilized Lawton Co: Comanche OK 73503–5100 Comment: 151 sq. ft., wood frame, 1 story, Comment: 4,327 sq. ft., possible asbestos and Status: Unutilized off-site removal only, most recent use—vet leadpaint, most recent use—motor repair Comment: 7205 sq. ft., possible asbestos/lead facility (quarantine stable). shop, off-site use only. paint, most recent use—hay storage, off-site Bldg. T–954, Fort Sill Building P–5042 use only. Property #: 21199240659 Property #: 21199710066 Bldgs. T–837, T–839 954 Quinette Road Fort Sill Property #: 21199730351 Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Status: Unutilized Status: Unutilized Fort Sill Comment: 3571 sq. ft., 1 story wood frame, Comment: 119 sq. ft., possible asbestos and Lawton Co: Comanche OK 73503–5100 needs rehab, off-site use only, most recent leadpaint, most recent use—heatplant, off- Status: Unutilized use—motor repair shop. site use only. Comment: approx. 100 sq. ft. each, possible asbestos/lead paint, most recent use— Bldg. T–4050 Fort Sill 6 Buildings storage, off-site use only. Property #: 21199240676 Property #: 21199710085 4050 Pitman Street Fort Sill Bldg. P–934 Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Property #: 21199730353 Status: Unutilized Location: P–6449, S–6451, T–6452, P–6460, Fort Sill Comment: 3177 sq. ft., 1 story wood frame, P–6463, S–6450 Lawton Co: Comanche OK 73503–5100 needs rehab, off-site use only, most recent Status: Unutilized Status: Unutilized use—storage. Comment: various sq. ft., possible asbestos Comment: 402 sq. ft., possible asbestos/lead paint, most recent use—storage, off-site use Bldg. T–3325, Fort Sill and leadpaint, most recent use—range only. Property #: 21199240681 support, off-site use only. 3325 Naylor Road 4 Buildings Bldg. T–1177 Lawton Co: Comanche OK 73503–5100 Property #: 21199710086 Property #: 21199730356 Status: Unutilized Fort Sill Fort Sill Comment: 8832 sq. ft., 1 story wood frame, Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 needs rehab, off-site use only, most recent Location: T–6465, T–6466, T–6467, T–6468 Status: Unutilized use—warehouse. Status: Unutilized Comment: 183 sq. ft., possible asbestos/lead Bldg. T1652, Fort Sill Comment: various sq. ft., possible asbestos paint, most recent use—snack bar, off-site Property #: 21199330380 and leadpaint, most recent use—range use only. Lawton Co: Comanche OK 73503–5100 support, off-site use only. Bldgs. T–1468, T–1469 Status: Unutilized Building P–6539 Property #: 21199730357 Comment: 1505 sq. ft., 1-story wood, possible Property #: 21199710087 Fort Sill asbestos, most recent use—storage, off-site Fort Sill Lawton Co: Comanche OK 73503–5100 use only. Lawton Co: Comanche OK 73503–5100 Status: Unutilized Bldg. T5637 Fort Sill Status: Unutilized Comment: 114 sq. ft., possible asbestos/lead Property #: 21199330419 Comment: 1,483 sq. ft., possible asbestos and paint, most recent use—storage, off-site use Lawton Co: Comanche OK 73503–5100 leadpaint, most recent use—office, off-site only. Status: Unutilized use only. Bldgs. T–1470 Comment: 1606 sq. ft., 1 story, possible Bldg. T–208 Property #: 21199730358 asbestos, most recent use—storage, off-site Property #: 21199730344 Fort Sill use only. Fort Sill Lawton Co: Comanche OK 73503–5100 Bldg. T–4226 Lawton Co: Comanche OK 73503–5100 Status: Unutilized Property #: 21199440384 Status: Unutilized Comment: 3120 sq. ft., possible asbestos/lead Fort Sill Comment: 20525 sq. ft., possible asbestos/ paint, most recent use—storage, off-site use Lawton Co: Comanche OK 73503– lead paint, most recent use—training only. Status: Unutilized center, off-site use only. Bldgs. T–1940 Comment: 114 sq. ft., 1-story wood frame, Bldg. T–214 Property #: 21199730360 possible asbestos and lead paint, most Property #: 21199730346 Fort Sill recent use—storage, off-site use only. Fort Sill Lawton Co: Comanche OK 73503–5100 Bldg. P–1015, Fort Sill Lawton Co: Comanche OK 73503–5100 Status: Unutilized

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Comment: 1400 sq. ft., possible asbestos/lead Bldgs. T–2271, T–2272 Property #: 21199730387 paint, most recent use—storage, off-site use Property #: 21199730371 Fort Sill only. Fort Sill Lawton Co: Comanche OK 73503–5100 Bldgs. T–1954, T–2022 Lawton Co: Comanche OK 73503–5100 Status: Unutilized Property #: 21199730362 Status: Unutilized Comment: 8832 sq. ft., possible asbestos/lead Fort Sill Comment: 232 sq. ft., possible asbestos/lead paint, most recent use—office, off-site use Lawton Co: Comanche OK 73503–5100 paint, most recent use—storage, off-site use only. Status: Unutilized only. Bldgs. T–4021, T–4022 Comment: approx. 100 sq. ft. each, possible Bldgs. T–2291, T–2296 Property #: 21199730389 asbestos/lead paint, most recent use— Property #: 21199730372 Fort Sill storage, off-site use only. Fort Sill Lawton Co: Comanche OK 73503–5100 Bldgs. T–2180 Lawton Co: Comanche OK 73503–5100 Status: Unutilized Property #: 21199730363 Status: Unutilized Comment: 442—869 sq. ft., possible asbestos/ Fort Sill Comment: 400 sq. ft. each, possible asbestos/ lead paint, most recent use—storage, off- Lawton Co: Comanche OK 73503–5100 lead paint, most recent use—storage, off- site use only. Status: Unutilized site use only. Bldg. T–4065 Property #: 21199730390 Comment: possible asbestos/lead paint, most 5 Bldgs. Fort Sill recentuse—vehicle maint. facility, off-site Property #: 21199730373 Lawton Co: Comanche OK 73503–5100 use only. Fort Sill Status: Unutilized Bldgs. T–2184 T–2300, T–2301, T–2303, T–2306, T–2307 Comment: 3145 sq. ft., possible asbestos/lead Property #: 21199730364 Lawton Co: Comanche OK 73503–5100 paint, most recent use—maint. shop, off- Fort Sill Status: Unutilized Lawton Co: Comanche OK 73503–5100 site use only. Comment: various sq. ft., possible asbestos/ Bldg. T–4067 Status: Unutilized lead paint, most recent use—storage, off- Comment: 454 sq. ft., possible asbestos/lead Property #: 21199730391 site use only. Fort Sill paint, most recent use—storage, off-site use Bldg. T–2406 only. Lawton Co: Comanche OK 73503–5100 Property #: 21199730374 Status: Unutilized Bldg. T–2185 Fort Sill Comment: 1032 sq. ft., possible asbestos/lead Property #: 21199730365 Lawton Co: Comanche OK 73503–5100 paint, most recent use—storage, off-site use Fort Sill Status: Unutilized only. Lawton Co: Comanche OK 73503–5100 Comment: 114 sq. ft., possible asbestos/lead Status: Unutilized Bldg. T–4281 paint, most recent use—storage, off-site use Property #: 21199730392 Comment: 151 sq. ft., possible asbestos/lead only. paint, most recent use—storage, off-site use Fort Sill only. 3 Bldgs. Lawton Co: Comanche OK 73503–5100 Property #: 21199730376 Status: Unutilized Bldgs. T–2186, T–2188, T–2189 Fort Sill Comment: 9405 sq. ft., possible asbestos/lead Property #: 21199730366 #T–2430, T–2432, T–2435 paint, most recent use—storage, off-site use Fort Sill Lawton Co: Comanche OK 73503–5100 only. Lawton Co: Comanche OK 73503–5100 Status: Unutilized Bldgs. T–4401, T–4402 Status: Unutilized Comment: approx. 8900 sq. ft., possible Property #: 21199730393 Comment: 1656—3583 sq. ft., possible asbestos/lead paint, most recent use— Fort Sill asbestos/lead paint, most recent use— office, off-site use only. Lawton Co: Comanche OK 73503–5100 vehicle maint. shop, off-site use only. Bldg. T–2434 Status: Unutilized Bldg. T–2187 Property #: 21199730377 Comment: 2260 sq. ft., possible asbestos/lead Property #: 21199730367 Fort Sill paint, most recent use—office, off-site use Fort Sill Lawton Co: Comanche OK 73503–5100 only. Lawton Co: Comanche OK 73503–5100 Status: Unutilized Bldg. T–4407 Status: Unutilized Comment: 8997 sq. ft., possible asbestos/lead Property #: 21199730395 Comment: 1673 sq. ft., possible asbestos/lead paint, most recent use—vehicle maint. Fort Sill paint, most recent use—storage, off-site use shop, off-site use only. Lawton Co: Comanche OK 73503–5100 only. Bldgs. T–3001, T–3006 Status: Unutilized Bldg. T–2209 Property #: 21199730383 Comment: 3070 sq. ft., possible asbestos/lead Property #: 21199730368 Fort Sill paint, most recent use—dining facility, off- Fort Sill Lawton Co: Comanche OK 73503–5100 site use only. Lawton Co: Comanche OK 73503–5100 Status: Unutilized 4 Bldgs. Status: Unutilized Comment: approx. 9300 sq. ft., possible Property #: 21199730396 Comment: 1257 sq. ft., possible asbestos/lead asbestos/lead paint, most recent use— Fort Sill paint, most recent use—storage, off-site use storage, off-site use only. #T–4410, T–4414, T–4415, only. Bldg. T–3025 T–4418 Bldgs. T–2240, T–2241 Property #: 21199730384 Lawton Co: Comanche OK 73503–5100 Property #: 21199730369 Fort Sill Status: Unutilized Fort Sill Lawton Co: Comanche OK 73503–5100 Comment: 1311 sq. ft., possible asbestos/lead Lawton Co: Comanche OK 73503–5100 Status: Unutilized paint, most recent use—office, off-site use Status: Unutilized Comment: 5259 sq. ft., possible asbestos/lead only. Comment: approx. 9500 sq. ft., possible paint, most recent use—museum, off-site 5 Bldgs. asbestos/lead paint, most recent use— use only. Property #: 21199730397 storage, off-site use only. Bldg. T–3314 Fort Sill Bldgs. T–2262, T–2263 Property #: 21199730385 #T–4411 thru T–4413, T–4416 Property #: 21199730370 Fort Sill thru T–4417 Fort Sill Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Status: Unutilized Status: Unutilized Status: Unutilized Comment: 229 sq. ft., possible asbestos/lead Comment: 1244 sq. ft., possible asbestos/lead Comment: approx. 3100 sq. ft., possible paint, most recent use—office, off-site use paint, most recent use—showers, off-site asbestos/lead paint, most recent use— only. use only. maint. shop, off-site use only. Bldg. T–3323 Bldg. T–4421

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Property #: 21199730398 Comment: 10,720 sq. ft., possible asbestos/ Comment: 14,530 sq. ft., possible asbestos/ Fort Sill lead paint, most recent use—office, off-site lead paint, most recent use—repair shop, Lawton Co: Comanche OK 73503–5100 use only. off-site use only. Status: Unutilized Bldgs. T–7290, T–7291 Bldgs. P–2581, P–2773 Comment: 3070 sq. ft. possible asbestos/lead Property #: 21199730417 Property #: 21199910140 paint, most recent use—dining, off-site use Fort Sill Fort Sill only. Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 10 Bldgs. Status: Unutilized Status: Unutilized Property #: 21199730399 Comment: 224/840 sq. ft., possible asbestos/ Comment: 4093 and 4129 sq. ft., possible Fort Sill lead paint, most recent use—kennel, off-set asbestos/lead paint, most recent use— #T–4422 thru T–4427, T–4431 use only. office, off-site use only. thru T–4434 Bldg. T–7775 Bldg. P–2582 Lawton Co: Comanche OK 73503–5100 Property #: 21199730419 Property #: 21199910141 Status: Unutilized Fort Sill Fort Sill Comment: 2263 sq. ft., possible asbestos/lead Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 paint, most recent use—barracks, off-site Status: Unutilized Status: Unutilized use only. Comment: 1452 sq. ft., possible asbestos/lead Comment: 3672 sq. ft., possible asbestos/lead 6 Bldgs. paint, most recent use—private club, off- paint, most recent use—admin., off-site use Property # :21199730400 site use only. only. Fort Sill Bldgs. S–2790, P–2906 Lawton Co: Comanche OK 73503–5100 Bldg. T–207 Property #: 21199910130 Property #: 21199910142 Location: #T–4436, T–4440, T–4444, T–4445, Fort Sill T–4448, T–4449 Fort Sill Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Status: Unutilized Status: Unutilized Comment: 1311–2263 sq. ft., possible Status: Unutilized Comment: 19,531 sq. ft., possible asbestos/ Comment: 1602 and 1390 sq. ft., possible asbestos/lead paint, most recent use— asbestos/lead paint, most recent use— office, off-site use only. lead paint, most recent use—office, off-site use only. storage, off-site use only. 5 Bldgs. Bldg. P–2909 Property #: 21199730401 Bldgs. P–364, P–584, P–588 Property #: 21199910131 Property #: 21199910143 Fort Sill Fort Sill Lawton Co: Comanche OK 73503–5100 Fort Sill Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 Location: #T–4441, T–4442, T–4443, T–4446, Status: Unutilized Status: Unutilized T–4447 Comment: 1236 sq. ft., possible asbestos/lead Comment: 106 sq. ft., possible asbestos/lead Status: Unutilized paint, most recent use—classroom, off-site paint, most recent use—utility plant, off- Comment: 1244 sq. ft., possible asbestos/lead use only. paint, most recent use—showers, off-site site use only. Bldgs. P–2912, P–2944 use only. Bldg. P–599 Property #: 21199910144 Bldg. T–5041 Property #: 21199910132 Fort Sill Property #: 21199730409 Fort Sill Lawton Co: Comanche OK 73503–5100 Fort Sill Lawton Co: Comanche OK 73503–5100 Status: Unutilized Lawton Co: Comanche OK 73503–5100 Status: Unutilized Comment: 1390 sq. ft., possible asbestos/lead Status: Unutilized Comment: 1400 sq. ft., possible asbestos/lead paint, most recent use—office, off-site use Comment: 763 sq. ft., possible asbestos/lead paint, most recent use—clubhouse, off-site only. paint, most recent use—storage, off-site use use only. Bldg. S–3169 only. 4 Bldgs. Property #: 21199910145 Bldgs. T–5044, T–5045 Property #: 21199910133 Fort Sill Property #: 21199730410 Fort Sill Lawton Co: Comanche OK 73503–5100 Fort Sill P–617, P–1114, P–1386 Status: Unutilized Lawton Co: Comanche OK 73503–5100 P–1608 Comment: 6437 sq. ft., possible asbestos/lead Status: Unutilized Lawton Co: Comanche OK 73503–5100 paint, most recent use—office, off-site use Comment: 1798/1806 sq. ft., possible Status: Unutilized only. asbestos/lead paint, most recent use—class Comment: 106 sq. ft., possible asbestos/lead Bldg. P–2914 rooms, off-site use only. paint, most recent use—utility plant, off- Property #: 21199910146 site use only. 4 Bldgs. Fort Sill Property #: 21199730411 Bldg. P–746 Lawton Co: Comanche OK 73503–5100 Fort Sill Property #: 21199910135 Status: Unutilized Lawton Co: Comanche OK 73503–5100 Fort Sill Comment: 1236 sq. ft., possible asbestos/lead Location: #T–5046, T–5047, T–5048, T–5049 Lawton Co: Comanche OK 73503–5100 paint, most recent use—storage, off-site use Status: Unutilized Status: Unutilized only. Comment: various sq. ft., possible asbestos/ Comment: 6299 sq. ft., possible asbestos/lead Bldg. P–3469 lead paint, most recent use—office, off-site paint, most recent use—admin., off-site use Property #: 21199910147 use only. only. Fort Sill Bldg. T–5420 Bldgs. P–1908, P–2078 Lawton Co: Comanche OK 73503–5100 Property #: 21199730414 Property #: 21199910136 Status: Unutilized Fort Sill Fort Sill Comment: 3930 sq. ft., possible asbestos/lead Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 paint, most recent use—car wash, off-site Status: Unutilized Status: Unutilized use only. Comment: 189 sq. ft., possible asbestos/lead Comment: 106 & 131 sq ft., possible asbestos/ Bldg. S–3559 paint, most recent use—fuel storage, off- lead paint, most recent use–utility plant, Property #: 21199910148 site use only. off-site use only. Fort Sill Bldg. T–5639 Bldg. T–2183 Lawton Co: Comanche OK 73503–5100 Property #: 21199730416 Property #: 21199910139 Status: Unutilized Fort Sill Fort Sill Comment: 9462 sq. ft., possible asbestos/lead Lawton Co: Comanche OK 73503–5100 Lawton Co: Comanche OK 73503–5100 paint, most recent use—classroom, off-site Status: Unutilized Status: Unutilized use only.

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Bldg. S–4064 Lawton Co: Comanche OK 73503– Property #: 21199820188 Property #: 21199910149 Status: Unutilized Fort Jackson Fort Sill Comment: 120 sq. ft., possible asbestos/lead Ft. Jackson Co: Richland SC 29207– Lawton Co: Comanche OK 73503–5100 paint, most recent use—storage, off-site use Status: Unutilized Status: Unutilized only. Comment: 711 sq. ft., needs repair, most Comment: 1389 sq. ft., possible asbestos/lead Bldg. S–7961 recent use—storage. paint, off-site use only. Property #: 21199930160 Bldg. T–4748 Fort Sill Texas Property #: 21199910151 Lawton Co: Comanche OK 73503– Building Fort Sill Status: Unutilized Bldg. P–377, Fort Sam Houston Lawton Co: Comanche OK 73503–5100 Comment: 36 sq. ft., possible asbestos/lead Property #: 21199330444 Status: Unutilized paint, most recent use—storage, off-site use San Antonio Co: Bexar TX 78234–5000 Comment: 1896 sq. ft., possible asbestos/lead only. Status: Unutilized paint, most recent use—classroom, off-site Comment: 74 sq. ft., 1-story brick, needs use only. Pennsylvania rehab, most recent use—scale house, Bldg. S–5086 Building located in National Historic District, off- Property #: 21199910152 Bldg. T884 site use only. Fort Sill Property #: 21199940039 Bldg. T–5901 Lawton Co: Comanche OK 73503–5100 Carlisle Barracks Property #: 21199330486 Status: Unutilized Carlisle Co: Cumberland PA 17013– Fort Sam Houston Comment: 6453 sq. ft., possible asbestos/lead Status: Unutilized San Antonio Co: Bexar TX 78234–5000 paint, most recent use—maintenance shop, Comment: 1500 sq. ft., needs major repair, Status: Unutilized off-site use only. presence of asbestos, most recent use— Comment: 742 sq. ft., 1-story wood frame, Bldg. P–5101 storehouse, off-site use only. most recent use—admin., off-site use only. Property #: 21199910153 Bldg. T889 Bldg. 4480, Fort Hood Fort Sill Property #: 21199940040 Property #: 21199410322 Lawton Co: Comanche OK 73503–5100 Carlisle Barracks Ft. Hood Co: Bell TX 76544– Status: Unutilized Carlisle Co: Cumberland PA 17013– Status: Unutilized Comment: 82 sq. ft., possible asbestos/lead Status: Unutilized Comment: 2160 sq. ft., 1-story, most recent paint, most recent use—gas station, off-site Comment: 1500 sq. ft., needs major repair, use—storage, off-site use only. use only. presence of asbestos, most recent use— Bldg. P–6615 Bldg. P–5638 storehouse, off-site use only. Property #: 21199440454 Property #: 21199910155 Bldg. T894 Fort Sam Houston Fort Sill Property #: 21199940041 San Antonio Co: Bexar TX 78234–5000 Lawton Co: Comanche OK 73503–5100 Carlisle Barracks Status: Excess Status: Unutilized Carlisle Co: Cumberland PA 17013– Comment: 400 sq. ft., 1 story concrete frame, Comment: 300 sq. ft., possible asbestos/lead Status: Unutilized off-site removal only, most recent use— paint, most recent use—storage, off-site use Comment: 1555 sq. ft., needs major repair, detached garage. only. presence of asbestos, most recent use— Bldg. 4201, Fort Hood Bldg. S–6430 maint. facility, off-site use only. Property #: 21199520201 Property #: 21199910156 Bldg. T879 Ft. Hood Co: Bell TX 76544– Fort Sill Property #: 21199940042 Status: Unutilized Lawton Co: Comanche OK 73503–5100 Carlisle Barracks Comment: 9000 sq. ft., 1-story, off-site use Status: Unutilized Carlisle Co: Cumberland PA 17013– only. Comment: 2080 sq. ft., possible asbestos/lead Status: Unutilized Bldg. 4202, Fort Hood paint, most recent use—range support, off- Comment: 1850 sq. ft., needs major Property #: 21199520202 site use only. repair,presence of asbestos, most recent Ft. Hood Co: Bell TX 76544– use—storehouse, off-site use only. Bldg. T–6461 Status: Unutilized Property #: 21199910157 Bldg. T895 Comment: 5400 sq. ft., 1-story, most recent Fort Sill Property #: 21199940043 use—storage, off-site use only. Lawton Co: Comanche OK 73503–5100 Carlisle Barracks Bldg. P–197 Status: Unutilized Carlisle Co: Cumberland PA 17013– Property #: 21199640220 Comment: 200 sq. ft., possible asbestos/lead Status: Unutilized Fort Sam Houston paint, most recent use—range support, off- Comment: 1500 sq. ft., needs major repair, San Antonio Co: Bexar TX 78234–5000 site use only. presence of asbestos, most recent use— Status: Unutilized maint. facility, off-site use only. Bldg. T–6462 Comment: 13819 sq. ft., presence of asbestos/ Property #: 21199910158 South Carolina lead paint, most recent use—admin., off- Fort Sill site use only. Lawton Co: Comanche OK 73503–5100 Building Bldg. T–230 Status: Unutilized Bldg. 3499 Property #: 21199640221 Comment: 64 sq. ft., possible asbestos/lead Property #: 21199730310 Fort Sam Houston paint, most recent use—control tower, off- Fort Jackson San Antonio Co: Bexar TX 78234–5000 site use only. Ft. Jackson Co: Richland SC 29207– Status: Unutilized Bldg. P–7230 Status: Unutilized Comment: 18102 sq. ft., presence of asbestos/ Property #: 21199910159 Comment: 3724 sq. ft., needs repair, most lead paint, most recent use—printing plant Fort Sill recent use—admin. and shop, off-site use only. Lawton Co: Comanche OK 73503–5100 Bldg. 2441 Bldg. S–3898 Status: Unutilized Property #: 21199820187 Property #: 21199640235 Comment: 160 sq. ft., possible asbestos/lead Fort Jackson Fort Sam Houston paint, most recent use—transmitter bldg., Ft. Jackson Co: Richland SC 29207– San Antonio Co: Bexar TX 78234–5000 off-site use only. Status: Unutilized Status: Unutilized Bldg. S–7960 Comment: 2160 sq. ft., needs repair, most Comment: 4200 sq. ft., presence of asbestos/ Property #: 21199930159 recent use—admin. lead paint, most recent use—classroom, Fort Sill Bldg. 3605 off-site use only.

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Bldg. S–3899 category, most recent use—indoor firing Bldg. T–6284 Property #: 21199640236 range, off-site use only. Property #: 21199730335 Fort Sam Houston Bldg. S–1150 Fort Sam Houston San Antonio Co: Bexar TX 78234–5000 Property #: 21199730317 San Antonio Co: Bexar TX 78234–5000 Status: Unutilized Fort Sam Houston Status: Unutilized Comment: 4200 sq. ft., presence of asbestos/ San Antonio Co: Bexar TX 78234–5000 Comment: 120 sq. ft., presence of lead paint, lead paint, most recent use—classroom, Status: Unutilized most recent use—pump station, off-site use off-site use only. Comment: 8629 sq. ft., presence of asbestos/ only. Bldg. P–5126 lead paint, most recent use—instruction Bldg. T–5906 Property #: 21199640240 bldg., off-site use only. Property #: 21199730420 Fort Sam Houston Bldgs. S–1440—S–1446, S–1452 Fort Sam Houston San Antonio Co: Bexar TX 78234–5000 Property #: 21199730318 San Antonio Co: Bexar TX 78234–5000 Status: Unutilized Fort Sam Houston Status: Unutilized Comment: 189 sq. ft., off-site use only. San Antonio Co: Bexar TX 78234–5000 Comment: 570 sq. ft., presence of asbestos/ Bldg. P–6201 Status: Unutilized lead paint, most recent use—admin., off- Property #: 21199640241 Comment: 4200 sq. ft., presence of lead, most site only. Fort Sam Houston recent use—instruction bldgs., off-site use Bldg. P–1382 San Antonio Co: Bexar TX 78234–5000 only. Property #: 21199810365 Status: Unutilized 4 Bldgs. Fort Sam Houston Comment: 3003 sq. ft., presence of asbestos/ Property #: 21199730319 San Antonio Co: Bexar TX 78234–5000 lead paint, most recent use—officers family Fort Sam Houston Status: Unutilized quarters, off-site use only. #S–1447, S–1449, S–1450, S–1451 Comment: 30,082 sq. ft., presence of Bldg. P–6202 San Antonio Co: Bexar TX 78234–5000 asbestos/lead paint, most recent use— Property #: 21199640242 Status: Unutilized housing, off-site use only. Fort Sam Houston Comment: 4200 sq. ft., presence of asbestos/ Bldg. P–2014 San Antonio Co: Bexar TX 78234–5000 lead paint, most recent use—instruction Property #: 21199810367 Status: Unutilized bldgs., off-site use only. Fort Sam Houston Comment: 1479 sq. ft., presence of lead paint, Bldg. P–4115 San Antonio Co: Bexar TX 78234–5000 most recent use—officers family quarters, Property #: 21199730327 Status: Unutilized off-site use only. Fort Sam Houston Comment: 10,990 sq. ft., historical property, Bldg. P–6203 San Antonio Co: Bexar TX 78234–5000 presence of asbestos/lead paint, most Status: Unutilized Property #: 21199640243 recent use—instruction, off-site use only. Comment: 529 sq. ft., presence of asbestos/ Fort Sam Houston Bldg. P–2015 lead paint historic bldg., most recent use— San Antonio Co: Bexar TX 78234–5000 Property #: 21199810368 admin., off-site use only. Status: Unutilized Fort Sam Houston Comment: 1381 sq. ft., presence of lead paint, Bldg. 4205 San Antonio Co: Bexar TX 78234–5000 most recent use—military family quarters, Property #: 21199730328 Status: Unutilized off-site use only. Fort Sam Houston Comment: 11,333 sq. ft., historical property, San Antonio Co: Bexar TX 78234–5000 Bldg. P–6204 presence of asbestos/lead paint, most Status: Unutilized recent use—admin., off-site use only. Property #: 21199640244 Comment: 24,573 sq. ft., presence of Fort Sam Houston asbestos/lead paint, most recent use— Bldg. P–2016 San Antonio Co: Bexar TX 78234–5000 warehouse, off-site use only. Property #: 21199810369 Status: Unutilized Fort Sam Houston Comment: 1454 sq. ft., presence of asbestos/ Bldg. T–5113 San Antonio Co: Bexar TX 78234–5000 lead paint, most recent use—military Property #: 21199730330 Status: Unutilized Fort Sam Houston family quarters, off-site use only. Comment: 11,517 sq. ft., historical property, San Antonio Co: Bexar TX 78234–5000 presence of asbestos/lead paint, most Bldg. 7137, Fort Bliss Status: Unutilized recent use—admin., off-site use only. Property #: 21199640564 Comment: 2550 sq. ft., presence of asbestos/ El Paso Co: El Paso TX 79916– lead paint, historical bldg., most recent Bldg. P–2017 Status: Unutilized use—medical clinic, off-site use only. Property #: 21199810370 Comment: 35,736 sq. ft., 3-story, most recent Fort Sam Houston Bldg. T–5122 use—housing, off-site use only. San Antonio Co: Bexar TX 78234–5000 Property #: 21199730331 Status: Unutilized Building 4630 Fort Sam Houston Comment: 10,990 sq. ft., historical property, Property #: 21199710088 San Antonio Co: Bexar TX 78234–5000 Fort Hood Status: Unutilized presence of asbestos/lead paint, most Fort Hood Co: Bell TX 76544– Comment: 3602 sq. ft., presence of asbestos/ recent use—admin., off-site use only. Status: Unutilized lead paint, historical category, most recent Bldg. S–3897 Comment: 21,833 sq. ft., most recent use— use—instruction bldg., off-site use only. Property #: 21199810371 Admin., off-site use only. Bldg. T–5903 Fort Sam Houston Bldg. T–330 Property #: 21199730332 San Antonio Co: Bexar TX 78234–5000 Property #: 21199730315 Fort Sam Houston Status: Unutilized Fort Sam Houston San Antonio Co: Bexar TX 78234–5000 Comment: 4,200 sq. ft., presence of asbestos/ San Antonio Co: Bexar TX 78234–5000 Status: Unutilized lead paint, most recent use—instruction, Status: Unutilized Comment: 5200 sq. ft., presence of asbestos/ off-site use only. Comment: 59,149 sq. ft., presence of lead paint, historical category, most recent Bldg. S–1155 asbestos/lead paint, historical category, use—admin., off-site use only. Property #: 21199830347 most recent use—laundry, off-site use only. Bldg. T–5907 Fort Sam Houston Bldgs. P–605A & P–606A Property #: 21199730333 San Antonio Co: Bexar TX 78234–5000 Property #: 21199730316 Fort Sam Houston Status: Unutilized Fort Sam Houston San Antonio Co: Bexar TX 78234–5000 Comment: 2100 sq. ft., good, hazard San Antonio Co: Bexar TX 78234–5000 Status: Unutilized abatement required, most recent use— Status: Unutilized Comment: 570 sq. ft., presence of asbestos/ instruction bldg., off-site use only. Comment: 2418 sq. ft., poor condition, lead paint, historical category, most recent Bldg. S–3896 presence of asbestos/lead paint, historical use—admin., off-site use only. Property #: 21199830349

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Fort Sam Houston 7 Bldgs. 5 Bldgs. San Antonio Co: Bexar TX 78234–5000 Property #: 21199830359 Property #: 21199830367 Status: Unutilized Fort Sam Houston Fort Sam Houston Comment: 4200 sq. ft., fair, hazard abatement San Antonio Co: Bexar TX 78234–5000 San Antonio Co: Bexar TX 78234–5000 required, most recent use—training, off-site Location: #P8005, P8101, 8107, 8141, 8146, Location: #P8022C, 8023C, 8106C, 8127C, use only. 8150 8206C Bldg. T–5123 Status: Unutilized Status: Unutilized Property #: 21199830350 Comment: 1804 sq. ft., fair, hazard abatement Comment: 513 sq. ft., fair, hazard abatement Fort Sam Houston required, most recent use—housing, off-site required, most recent use—detached San Antonio Co: Bexar TX 78234–5000 use only. garage, off-site use only. Status: Unutilized 15 Bldgs. Bldgs. P8026, P8028 Comment: 2596 sq. ft., fair, hazard abatement Property #: 21199830360 Property #: 21199830369 required, most recent use—instruction, off- Fort Sam Houston Fort Sam Houston site use only, historical significance. San Antonio Co: Bexar TX 78234–5000 San Antonio Co: Bexar TX 78234–5000 Bldg. P–6150 Location: #P8006, P8007, 8010, 8013, 8015, Status: Unutilized Property #: 21199830351 8017, 8020, 8029, 8103, 8105, 8201, 8208, Comment: approx. 1850 sq. ft., fair, hazard Fort Sam Houston 8218, 8225, 8234 abatement required, most recent use— San Antonio Co: Bexar TX 78234–5000 Status: Unutilized housing, off-site use only. Status: Unutilized Comment: 1703 sq. ft., fair, hazard abatement 3 Bldgs. Comment: 48 sq. ft., fair, hazard abatement required, most recent use—housing, off-site Property #: 21199830370 use only. required, most recent use—pumphouse, Fort Sam Houston off-site use only. 7 Bldgs. San Antonio Co: Bexar TX 78234–5000 Property #: 31199830361 Bldgs. P–6331, P–6335, P–6495 Location: #P8028C, P8143C, P8150C Fort Sam Houston Property #: 21199830353 Status: Unutilized San Antonio Co: Bexar TX 78234–5000 Fort Sam Houston Comment: 838 sq. ft., fair, hazard abatement Location: #P8009, 8024, 8207, 8214, 8217, San Antonio Co: Bexar TX 78234–5000 required, most recent use—detached 8226, 8256 Status: Unutilized garage, off-site use only. Status: Unutilized Comment: 36 sq. ft., fair, hazard abatement 3 Bldgs. Comment: 2253 sq. ft., fair, hazard abatement required, most recent use—pumping Property #: 21199830372 required, most recent use—housing, off-site station, off-site use only. use only. Fort Sam Houston Bldg. P–8000 San Antonio Co: Bexar TX 78234–5000 4 Bldgs. Location: #P8035C, P8104C, 8236C Property #: 21199830354 Property #: 21199830362 Fort Sam Houston Status: Unutilized Fort Sam Houston Comment: 1017 sq. ft., fair, hazard abatement San Antonio Co: Bexar TX 78234–5000 San Antonio Co: Bexar TX 78234–5000 Status: Unutilized required, most recent use—detached Location: #P8009C, 8027C, 8248C, 8256C garage, off-site use only. Comment: 1776 sq. ft., fair, hazard abatement Status: Unutilized required, most recent use—housing, off-site Comment: 681 sq. ft., fair, hazard abatement 3 Bldgs. use only. required, most recent use—detached Property #: 21199830375 9 Bldgs. garage, off-site use only. Fort Sam Houston San Antonio Co: Bexar TX 78234–5000 Property #: 21199830355 3 Bldgs. Location: #P8102, 8106, 8108 Fort Sam Houston Property #: 21199830363 Status: Unutilized San Antonio Co: Bexar TX 78234–5000 Fort Sam Houston Comment: approx. 2700 sq. ft., fair, hazard Location: #P8001, P8008, 8014, 8027, 8033, San Antonio Co: Bexar TX 78234–5000 abatement required, most recent use— 8035, 8127, 8229, 8265 Location: #P8012C, 8039C, 8224C housing, off-site use only. Status: Unutilized Status: Unutilized Comment: 2456 sq. ft., fair, hazard abatement Comment: 1185 sq. ft., fair, hazard abatement Bldgs. P8109, P8137 required, most recent use—housing, off-site required, most recent use—detached Property #: 21199830376 use only. garage, off-site use only. Fort Sam Houston San Antonio Co: Bexar TX 78234–5000 11 Bldgs. Bldg. P8016 Property #: 21199830356 Property #: 21199830364 Status: Unutilized Fort Sam Houston Fort Sam Houston Comment: 1540 sq. ft., fair, hazard abatement San Antonio Co: Bexar TX 78234–5000 San Antonio Co: Bexar TX 78234–5000 required, most recent use—housing, off-site Location: #P8003, P8011, 8012, 8043, 8202, Status: Unutilized use only. 8204, 8216, 8235, 8241, 8261 Comment: 2347 sq. ft., fair, hazard abatement Bldgs. P8112, P8228 Status: Unutilized required, most recent use—housing, off-site Property #: 21199830378 Comment: 2358 sq. ft., fair, hazard abatement use only. Fort Sam Houston required, most recent use—housing, off-site 8 Bldgs. San Antonio Co: Bexar TX 78234–5000 use only. Property #: 21199830365 Status: Unutilized Bldgs. P–8003C, P–8220C Fort Sam Houston Comment: 1807 sq. ft., fair, hazard abatement Property #: 21199830357 San Antonio Co: Bexar TX 78234–5000 required, most recent use—housing, off-site Fort Sam Houston Location: #P8021, 8211, 8244, 8270, 8213, use only. San Antonio Co: Bexar TX 78234–5000 8223, 8243, 8226 3 Bldgs. Status: Unutilized Status: Unutilized Property #: 21199830380 Comment: 1174 sq. ft., fair, hazard abatement Comment: 246 sq. ft., fair, hazard abatement Fort Sam Houston required, most recent use—detached required, most recent use—housing, off-site San Antonio Co: Bexar TX 78234–5000 garage, off-site use only. use only. Location: #P8116, 8151, 8158 Bldg. P–8004 Bldg. P–8022 Status: Unutilized Property #: 21199830358 Property #: 21199830366 Comment: 1691 sq. ft., fair, hazard abatement Fort Sam Houston Fort Sam Houston required, most recent use—housing, off-site San Antonio Co: Bexar TX 78234–5000 San Antonio Co: Bexar TX 78234–5000 use only. Status: Unutilized Status: Unutilized Bldg. P8117 Comment: 2243 sq. ft., fair, hazard abatement Comment: 1849 sq. ft., fair, hazard abatement Property #: 21199830381 required, most recent use—housing, off-site required, most recent use—housing, off-site Fort Sam Houston use only. use only. San Antonio Co: Bexar TX 78234–5000

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Status: Unutilized Bldg. P8172 Property #: 21199830403 Comment: 1581 sq. ft., fair, hazard abatement Property #: 21199830393 Fort Sam Houston required, most recent use—housing, off-site Fort Sam Houston San Antonio Co: Bexar TX 78234–5000 use only. San Antonio Co: Bexar TX 78234–5000 Status: Unutilized 8 Bldgs. Status: Unutilized Comment: 1006 sq. ft., fair hazard abatement Property #: 21199830382 Comment: 1597 sq. ft., fair hazard abatement required, most recent use—detached Fort Sam Houston required, most recent use—housing, off-site garage, off-site use only. San Antonio Co: Bexar TX 78234–5000 use only. Bldg. P8269 Location: #P8118, 8121, 8125, 8153, 8119, Bldgs. P8173, P8174 Property #: 21199830404 8120, 8124, 8168 Property #: 21199830394 Fort Sam Houston Status: Unutilized Fort Sam Houston San Antonio Co: Bexar TX 78234–5000 Comment: various sq. ft., fair, hazard San Antonio Co: Bexar TX 78234–5000 Status: Unutilized abatement required, most recent use— Status: Unutilized Comment: 2396 sq. ft., fair hazard abatement housing, off-site use only. Comment: approx. 2200 sq. ft., fair hazard required, most recent use—housing, off-site Bldgs. P8122, P8123 abatement required, most recent use— use only. Property #: 21199830383 housing, off-site use only. 20 Bldgs. Fort Sam Houston Bldg. P8174C Property #: 21199830405 San Antonio Co: Bexar TX 78234–5000 Property #: 21199830395 Fort Sam Houston Status: Unutilized Fort Sam Houston San Antonio Co: Bexar TX 78234–5000 Comment: approx. 1400 sq. ft., fair, hazard San Antonio Co: Bexar TX 78234–5000 Location: #P8271, 8002, 8018, 8025, 8037, abatement required, most recent use— Status: Unutilized 8100, 8130, 8132, 8138, 8140, 8142, 8145, housing, off-site use only. Comment: 670 sq. ft., fair hazard abatement 8147, 8210, 8212, 8221, 8242, 8247, 8264, required, most recent use—detached Bldg. P8126 8257 garage, off-site use only. Property #: 21199830384 Status: Unutilized Fort Sam Houston Bldg. P8175 Comment: 2777 sq. ft., fair hazard abatement San Antonio Co: Bexar TX 78234–5000 Property #: 21199830396 required, most recent use—housing, off-site Status: Unutilized Fort Sam Houston use only. Comment: 1331 sq. ft., fair, hazard abatement San Antonio Co: Bexar TX 78234–5000 Bldg. P–1374 required, most recent use—housing, off-site Status: Unutilized Property #: 21199840169 use only. Comment: 2220 sq. ft., fair hazard abatement Fort Sam Houston required, most recent use—housing, off-site 8 Bldgs. San Antonio Co: Bexar TX 78234–5000 use only. Property #: 21199830386 Status: Unutilized Fort Sam Houston Bldg. P8200 Comment: 111,448 sq. ft., presence of San Antonio Co: Bexar TX 78234–5000 Property #: 21199830397 asbestos/lead paint, hazard abatement Location: #P8131C, 8139C, 8203C, 8221C, Fort Sam Houston responsibility, most recent use—barracks, 8231C, 8243C, 8249C, 8261C San Antonio Co: Bexar TX 78234–5000 off-site use only. Status: Unutilized Status: Unutilized Bldg. P–1980 Comment: 849 sq. ft., fair, hazard abatement Comment: 892 sq. ft., fair hazard abatement Property #: 21199840170 required, most recent use—detached required, most recent use—officers Fort Sam Houston garage, off-site use only. quarters, off-site use only. San Antonio Co: Bexar TX 78234–5000 Bldgs. P8133, P8134 Bldg P8200C, Status: Unutilized Property #: 21199830387 Property #: 21199830398 Comment: 2989 sq. ft., presence of asbestos/ Fort Sam Houston Fort Sam Houston lead paint, hazard abatement San Antonio Co: Bexar TX 78234–5000 San Antonio Co: Bexar TX 78234–5000 responsibility, most recent use—radio Status: Unutilized Status: Unutilized system, off-site use only. Comment: 2000 sq. ft., fair, hazard abatement Comment: 924 sq. ft., fair hazard abatement Bldg. P–1981 required, most recent use—housing, off-site required, most recent use—detached Property #: 21199840171 use only. garage, off-site use only. Fort Sam Houston Bldgs. P8135, P8136 Bldg. P8205 San Antonio Co: Bexar TX 78234–5000 Property #: 21199830388 Property #: 21199830399 Status: Unutilized Fort Sam Houston Fort Sam Houston Comment: 200 sq. ft., presence of asbestos/ San Antonio Co: Bexar TX 78234–5000 San Antonio Co: Bexar TX 78234–5000 lead paint, hazard abatement Status: Unutilized Status: Unutilized responsibility, most recent use—generator Comment: approx. 1500 sq. ft., fair hazard Comment: 1745 sq. ft., fair hazard abatement plant, off-site use only. abatement required, most recent use— required, most recent use—housing, off-site Bldg. P–2396 housing, off-site use only. use only. Property #: 21199840173 4 Bldgs. 3 Bldgs. Fort Sam Houston Property #: 21199830389 Property #: 21199830400 San Antonio Co: Bexar TX 78234–5000 Fort Sam Houston Fort Sam Houston Status: Unutilized San Antonio Co: Bexar TX 78234–5000 San Antonio Co: Bexar TX 78234–5000 Comment: 1080 sq. ft., presence of asbestos/ Location: Location: #P8206, 8232, 8233 lead paint, hazard abatement #P8144, 8267, 8148, 8149 Status: Unutilized responsibility, most recent use—generator Status: Unutilized Comment: approx. 2400 sq. ft., fair hazard plant, off-site use only. Comment: approx. 2200 sq. ft., fair hazard abatement required, most recent use— Bldg. P–4226 abatement required, most recent use— housing, off-site use only. Property #: 21199840172 housing, off-site use only. Bldg P8245 Fort Sam Houston Bldg. P8171 Property #: 21199830401 San Antonio Co: Bexar TX 78234–5000 Property #: 21199830392 Fort Sam Houston Status: Unutilized Fort Sam Houston San Antonio Co: Bexar TX 78234–5000 Comment: 1809 sq. ft., presence of asbestos/ San Antonio Co: Bexar TX 78234–5000 Status: Unutilized lead paint, hazard abatement Status: Unutilized Comment: 2876 sq. ft., fair hazard abatement responsibility, most recent use—storage, Comment: 1289 sq. ft., fair hazard abatement required, most recent use—housing, off-site off-site use only. required, most recent use—housing, off-site use only. Bldg. 2842 use only. Bldgs. P8262C, 8271C Property #: 21199840177

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Fort Hood Bldg. 213 Ft. Hood Co: Coryell TX 76544– Ft. Hood TX 76544– Property #: 21199920211 Status: Unutilized Status: Unutilized Fort Hood Comment: 5310 sq. ft., needs repair, most Comment: 2650 sq. ft., most recent use— Ft. Hood Co: Coryell TX 76544– recent use—admin., off-site use only. admin., off-site use only. Status: Unutilized Bldgs. 3964–3965 Bldg. 2843 Comment: 7670 sq. ft., needs repair, most Property #: 21199920226 Property #: 21199840178 recent use—operations, off-site use only. Fort Hood Fort Hood Bldg. 919 Ft. Hood Co: Coryell TX 76544– Ft. Hood TX 76544– Property #: 21199920212 Status: Unutilized Status: Unutilized Fort Hood Comment: 3100 sq. ft., needs repair, most Comment: 8043 sq. ft., most recent use— Ft. Hood Co: Coryell 76544– recent use—Bn. Hq., Bldg., off-site use admin., off-site use only. Status: Unutilized only. Bldg. 2845 Comment: 11,800 sq. ft., needs repair, most Bldg. 3966 Property #: 21199840180 recent use—Bde. Hq. Bldg., off-site use Property #: 21199920227 Fort Hood only. Fort Hood Ft. Hood TX 76544– Bldg. 923 Ft. Hood Co: Coryell TX 76544– Status: Unutilized Property #: 21199920213 Status: Unutilized Comment: 8043 sq. ft., most recent use— Fort Hood Comment: 2741 sq. ft., needs repair, most admin., off-site use only. Ft. Hood Co: Coryell TX 76544– recent use—Co. Hq. Bldg., off-site use only. Bldg. 2846 Status: Unutilized Bldgs. 3967–3969 Property #: 21199840181 Comment: 4440 sq. ft., needs repair, most Property #: 21199920228 Fort Hood recent use—admin., off-site use only. Fort Hood Ft. Hood TX 76544– Bldg. 924 Ft. Hood Co: Coryell TX 76544– Status: Unutilized Property #: 21199920214 Status: Unutilized Comment: 8043 sq. ft., most recent use— Fort Hood Comment: 5310 sq. ft., needs repair, most admin., off-site use only. Ft. Hood Co: Coryell TX 76544– recent use—admin., off-site use only. Bldg. 36 Status: Unutilized Bldgs. 3970–3971 Property #: 21199920204 Comment: 3500 sq. ft., needs repair, most Property #: 21199920229 Fort Hood recent use—admin., off-site use only. Fort Hood Ft. Hood Co: Coryell TX 76544– Bldgs. 3949–3950 Ft. Hood Co: Coryell TX 76544– Status: Unutilized Property #: 21199920219 Status: Unutilized Comment: 2250 sq. ft., needs repair,most Fort Hood Comment: 3241 sq. ft., needs repair, most recent use—ACS center, off-site use only. Ft. Hood Co: Coryell TX 76544– recent use—admin., off-site use only. Bldg. 37 Status: Unutilized Property #: 21199920205 Comment: 5310 sq. ft., needs repair, most Land Fort Hood recent use—Bn. Hq. Bldg., off-site use only. Old-Camp Bullis Road Ft. Hood Co: Coryell TX 76544– Bldg. 3951 Property #: 21199420461 Status: Unutilized Property #: 21199920220 Fort Sam Houston Comment: 2220 sq. ft., needs repair, most Fort Hood San Antonio Co: Bexar 78234–5000 recent use—storage, off-site use only. Ft. Hood Co: Coryell TX 76544– Status: Unutilized Bldg. 38 Status: Unutilized Comment: 7.16 acres, rural gravel road. Property #: 21199920206 Comment: 2500 sq. ft., needs repair, most Castner Range Fort Hood recent use—admin., off-site use only. Property #: 21199610788 Ft. Hood Co: Coryell TX 76544– Bldgs. 3952–3953 Fort Bliss Status: Unutilized Property #: 21199920221 El Paso Co: El Paso TX 79916– Comment: 2700 sq. ft., needs repair, most Status: Unutilized recent use—gen. inst., off-site use only. Fort Hood Ft. Hood Co: Coryell TX 76544– Comment: approx. 56.81 acres, portion in Bldg. 39 Status: Unutilized floodway, most recent use—recreation Property #: 21199920207 Comment: 3100 sq. ft., needs repair, most picnic park. Fort Hood recent use—admin., off-site use only. Ft. Hood Co: Coryell TX 76544– Virginia Bldgs. 3954–3957 Status: Unutilized Building Comment: 2220 sq. ft., needs repair, most Property #: 21199920222 recent use—storage, off-site use only. Fort Hood Bldg. 178 Ft. Hood Co: Coryell TX 76544– Property #: 21199940046 Bldg. 41 Status: Unutilized Fort Monroe Property #: 21199920208 Fort Hood Comment: 5310 sq. ft., needs repair, most Ft. Monroe Co: VA 23651– Ft. Hood Co: Coryell TX 76544– recent use—admin., off-site use only. Status: Unutilized Status: Unutilized Bldg. 3958 Comment: 1180 sq. ft., needs repair, most Comment: 1750 sq. ft., needs repair, most Property #: 21199920223 recent use—storage, off-site use only. recent use—admin., off-site use only. Fort Hood Bldg. T246 Bldgs. 43–44 Ft. Hood Co: Coryell TX 76544– Property #: 21199940047 Property #: 21199920209 Status: Unutilized Fort Monroe Fort Hood Comment: 3241 sq. ft., needs repair, most Ft. Monroe Co: VA 23651– Ft. Hood Co: Coryell TX 76544– recent use—admin., off-site use only. Status: Unutilized Status: Unutilized Bldg. 3959 Comment: 756 sq. ft., needs repair, possible Comment: 2750 sq. ft., needs repair, most Property #: 21199920224 lead paint, most recent use—scout recent use—admin., off-site use only. Fort Hood meetings, off-site use only. Bldgs. 209–212 Ft. Hood Co: Coryell TX 76544– Washington Property #: 21199920210 Status: Unutilized Fort Hood Comment: 3373 sq. ft., needs repair, most Building Ft. Hood Co: Coryell TX 76544– recent use—admin., off-site use only. 13 Bldgs., Fort Lewis Status: Unutilized Bldgs. 3960–3962 Property #: 21199630199 Comment: 8043 sq. ft., needs repair, most Property #: 21199920225 A0402, CO723, CO726, CO727, CO902 recent use—admin., off-site use only. Fort Hood CO907, CO922, CO923, CO926, CO927

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Ft. Lewis Co: Pierce WA 98433–9500 Comment: 10200 sq. ft., needs rehab, possible Bldg. EO202 Status: Unutilized asbestos/lead paint, most recent use— Property #: 21199710149 Comment: 2360 sq. ft., possible asbestos/lead warehouse, off-site use only. Fort Lewis paint, most recent use—barracks, off-site Bldg. 9599, Fort Lewis Fort Lewis Co: Pierce WA 98433– use only. Property #: 21199630220 Status: Unutilized 7 Bldgs., Fort Lewis Ft. Lewis Co: Pierce WA 98433–9500 Comment: 992 sq. ft., possible asbestos/lead Property #: 21199630200 Status: Unutilized paint, most recent use—office, off-site use A0438, A0439, C0901, C0910, C0911 Comment: 12366 sq. ft., possible asbestos/ only. Ft. Lewis Co: Pierce WA 98433–9500 lead paint, most recent use—warehouse, Bldg. EO312 Status: Unutilized off-site use only. Property #: 21199710150 Comment: 1144 sq. ft., possible asbestos/lead Bldg. A1404, Fort Lewis Fort Lewis paint, most recent use—dayroom bldgs., Property #: 21199640570 Fort Lewis Co: Pierce WA 98433– off-site use only. Ft. Lewis Co: Pierce WA 98433– Status: Unutilized 6 Bldgs., Fort Lewis Status: Unutilized Comment: 3885 sq. ft., possible asbestos/lead Property #: 21199630204 Comment: 557 sq. ft., needs rehab, most paint, most recent use—officer’s quarters, C0908, C0728, C0921, C0928, C1008 recent use—storage, off-site use only. off-site use only. Ft. Lewis Co: Pierce WA 98433–9500 Bldg. A1419, Fort Lewis Bldg. EO322 Status: Unutilized Property #: 21199640571 Property #: 21199710151 Comment: 2207 sq. ft., possible asbestos/lead Ft. Lewis Co: Pierce WA 98433– Fort Lewis paint, most recent use—dining, off-site use Status: Unutilized Fort Lewis Co: Pierce WA 98433– only. Comment: 1307 sq. ft., needs rehab, most Status: Unutilized Bldg. C0909, Fort Lewis recent use—storage, off-site use only. Comment: 2250 sq. ft., possible asbestos/lead paint, most recent use—storage, off-site use Property #: 21199630205 11 Buildings only. Ft. Lewis Co: Pierce WA 98433–9500 Property #: 21199710143 Status: Unutilized Fort Lewis Bldg. EO325 Comment: 1984 sq. ft., possible asbestos/lead Fort Lewis Co: Pierce WA 98433– Property #: 21199710152 paint, most recent use—admin., off-site use Location: #EO103–EO106, EO306, EO315– Fort Lewis only. EO316, EO343–EO344 EO353–EO354 Fort Lewis Co: Pierce WA 98433– Bldg. C0920, Fort Lewis Status: Unutilized Status: Unutilized Property #: 21199630206 Comment: 2360 sq. ft., possible asbestos/lead Comment: 3336 sq. ft., possible asbestos/lead Ft. Lewis Co: Pierce WA 98433–9500 paint, most recent use—officer’s quarters, paint, most recent use—officer’s quarters, Status: Unutilized off-site use only. off-site use only. Comment: 1984 sq. ft., possible asbestos/lead Bldgs, EO109, EO350 Bldg. EO329 paint, most recent use—admin., off-site use Property #: 21199710144 Property #: 21199710153 only. Fort Lewis Fort Lewis Bldg. C1249, Fort Lewis Fort Lewis Co: Pierce WA 98433– Fort Lewis Co: Pierce WA 98433– Property #: 21199630207 Status: Unutilized Status: Unutilized Ft. Lewis Co: Pierce WA 98433–9500 Comment: 1165 sq. ft., possible asbestos/lead Comment: 1843 sq. ft., possible asbestos/lead Status: Unutilized paint, most recent use—dayroom, off-site paint, most recent use—office, off-site use Comment: 992 sq. ft., possible asbestos/lead use only. only. paint, most recent use—storage, off-site use Bldgs. EO120, EO321, EO338 Bldg. EO334 only. Property #: 21199710145 Property #: 21199710154 Bldg. 1164, Fort Lewis Fort Lewis Fort Lewis Property #: 21199630213 Fort Lewis Co: Pierce WA 98433– Fort Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433–9500 Status: Unutilized Status: Unutilized Status: Unutilized Comment: 3810 sq. ft., possible asbestos/lead Comment: 3779 sq. ft., possible asbestos/lead Comment: 230 sq. ft., possible asbestos/lead paint, most recent use—officer’s quarters, paint, most recent use—recreation, off-site paint, most recent use—storehouse, off-site off-site use only. use only. use only. 5 Bldgs. Bldg. EO355 Bldg. 1307, Fort Lewis Property #: 21199710146 Property #: 21199710155 Property #: 21199630216 Fort Lewis Fort Lewis Ft. Lewis Co: Pierce WA 98433–9500 Fort Lewis Co: Pierce WA 98433– Fort Lewis Co: Pierce WA 98433– Status: Unutilized Location: #EO127, EO136, EO302, EO204, Status: Unutilized Comment: 1092 sq. ft., possible asbestos/lead EO330 Comment: 2207 sq. ft., possible asbestos/lead paint, most recent use—storage., off-site Status: Unutilized paint, most recent use—dining facility, off- use only. Comment: 2284 sq. ft., possible asbestos/lead site use only. Bldg. 1309, Fort Lewis paint, most recent use—offices, off-site use Bldg. EO347 Property #: 21199630217 only. Property #: 21199710156 Ft. Lewis Co: Pierce WA 98433–9500 Bldg. EO136 Fort Lewis Status: Unutilized Property #: 21199710147 Fort Lewis Co: Pierce WA 98433– Comment: 1092 sq. ft., possible asbestos/lead Fort Lewis Status: Unutilized paint, most recent use—storage., off-site Fort Lewis Co: Pierce WA 98433– Comment: 1800 sq. ft., possible asbestos/lead use only. Status: Unutilized paint, most recent use—office, off-site use Bldg. 2167, Fort Lewis Comment: 3885 sq. ft., possible asbestos/lead only. Property #: 21199630218 paint, most recent use—officer’s quarters, Bldgs. EO349, EO110 Ft. Lewis Co: Pierce WA 98433–9500 off-site use only. Property #: 21199710157 Status: Unutilized Bldgs. EO158, EO303 Fort Lewis Comment: 288 sq. ft., possible asbestos/lead Property #: 21199710148 Fort Lewis Co: Pierce WA 98433– paint, most recent use—warehouse, off-site Fort Lewis Status: Unutilized use only. Fort Lewis Co: Pierce WA 98433– Comment: 1296 sq. ft., possible asbestos/lead Bldg. 4078, Fort Lewis Status: Unutilized paint, most recent use–office, off-site use Property #: 21199630219 Comment: 1675 sq. ft., possible asbestos/lead only. Ft. Lewis Co: Pierce WA 98433–9500 paint, most recent use—office, off-site use 4 Bldgs. Status: Unutilized only. Property #: 21199710158

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Fort Lewis Property #: 21199830419 Ft. Lewis Co: Pierce WA 98433– Fort Lewis Co: Pierce WA 98433– Fort Lewis Status: Unutilized Location: #EO351, EO308, EO207, EO108 Ft. Lewis Co: Pierce WA 98433– Comment: 210 sq. ft., needs repair, presence Status: Unutilized Status: Unutilized of asbestos/lead paint, most recent use— Comment: 1144 sq. ft., possible asbestos/lead Comment: 2360 sq. ft., needs repair, presence vet. fac., off-site use only. paint, most recent use—dayroom, off-site of asbestos/lead paint, most recent use— Bldg. 4540 use only. office, off-site use only. Property #: 21199840183 Bldgs. EO352, EO307 Bldg. A0631 Fort Lewis Property #: 21199710159 Property #: 21199830422 Co: Pierce WA 98433– Fort Lewis Fort Lewis Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Comment: 1200 sq. ft., needs rehab, presence Status: Unutilized Status: Unutilized of asbestos/lead paint, most recent use— Comment: 992 sq. ft., possible asbestos/lead Comment: 2207 sq. ft., needs repair, presence office, off-site use only. paint, most recent use—office, off-site use of asbestos/lead paint, most recent use— Bldg. 4541 only. dayroom, off-site use only. Property #: 21199840184 Bldg. EO355 Bldg. C1246 Fort Lewis Property #: 21199710160 Property #: 21199830426 Co: Pierce WA 98433– Fort Lewis Fort Lewis Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Comment: 880 sq. ft., needs rehab, presence Status: Unutilized Status: Unutilized of asbestos/lead paint, most recent use— Comment: 2360 sq. ft., possible asbestos/lead Comment: 7670 sq. ft., needs repair, presence storage, off-site use only. paint, most recent use—training facility, of asbestos/lead paint, most recent use— Bldg. 4542 off-site use only. office, off-site use only. Property #: 21199840185 Bldg. B1008, Fort Lewis Bldg. B0813 Fort Lewis Property #: 21199720216 Property #: 21199830427 Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Fort Lewis Status: Unutilized Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Comment: 112 sq. ft., needs rehab, presence Comment: 7387 sq. ft., 2-story, needs rehab, Status: Unutilized of asbestos/lead paint, most recent use— possible asbestos/lead paint, most recent Comment: 1144 sq. ft., needs repair, presence heat plant, off-site use only. use—medical clinic, off-site use only. of asbestos/lead paint, most recent use— Bldg. 4549 Bldgs. B1011–B1012, Fort Lewis office, off-site use only. Property #: 21199840186 Property #: 21199720217 Bldg. B0812 Fort Lewis Ft. Lewis Co: Pierce WA 98433– Property #: 21199830428 Co: Pierce WA 98433– Status: Unutilized Fort Lewis Status: Unutilized Comment: 992 sq. ft. and 114 sq. ft., needs Ft. Lewis Co: Pierce WA 98433– Comment: 26220 sq. ft., needs rehab, rehab, possible asbestos/lead paint, most Status: Unutilized presence of asbestos/lead paint, most recent use—office, off-site use only. Comment: 1144 sq. ft., needs repair, presence recent use—green house heat plant, off-site use only. Bldgs. CO509, CO709, CO720 of asbestos/lead paint, most recent use— Property #: 21199810372 dayroom, off-site use only. Bldg. U001B Fort Lewis Bldg. B0228 Property #: 21199920237 Fort Lewis Ft. Lewis Co: Pierce WA 98433– Property #: 21199830429 Ft. Lewis Co: Pierce WA 98433– Status: Unutilized Fort Lewis Status: Excess Comment: 1984 sq. ft., possible asbestos/lead Ft. Lewis Co: Pierce WA 98433– Comment: 54 sq. ft., needs repair, presence paint, needs rehab, most recent use— Status: Unutilized of asbestos/lead paint, most recent use— storage, off-site use only. Comment: 2739 sq. ft., needs repair, presence control tower, off-site use only. 4 Bldgs. of asbestos/lead paint, most recent use— Bldg. U001C Property #: 21199810373 storage, off-site use only. Property #: 21199920238 Fort Lewis Bldg. C0409 Fort Lewis CO511, CO710, CO711, CO719 Property #: 21199830431 Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Fort Lewis Status: Unutilized Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Comment: 960 sq. ft., needs repair, presence Comment: 1,144 sq. ft., possible asbestos/lead Status: Unutilized of asbestos/lead paint, most recent use— paint, needs rehab, most recent use— Comment: 1948 sq. ft., needs repair, presence supply, off-site use only. dayrooms, off-site use only. of asbestos/lead paint, most recent use— storage, off-site use only. 10 Bldgs. 11 Bldgs. Property #: 21199920239 Property #: 21199810374 Bldg. 9575 Fort Lewis Fort Lewis Property #: 21199830432 Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Fort Lewis Location: U002B, U002C, U005C, U015I, Location: CO528, CO701, CO708, CO721, Ft. Lewis Co: Pierce WA 98433– U016E, U019C, U022A, U028B, 0091A, CO526, CO527, CO702, CO703, CO706, Status: Unutilized U093C CO707, CO722 Comment: 17,217 sq. ft., needs repair, Status: Excess Status: Unutilized presence of asbestos/lead paint, most Comment: 600 sq. ft., needs repair, presence Comment: 2207 sq. ft., possible asbestos/lead recent use—veh. maint., off-site use only. of asbestos/lead paint, most recent use— paint, needs rehab, most recent use— Bldg. 5224 range house, off-site use only. dining, off-site use only. Property #: 21199830433 6 Bldgs. Bldg. 1021 Fort Lewis Property #: 21199920240 Property #: 21199830418 Ft. Lewis Co: Pierce WA 98433– Fort Lewis Fort Lewis Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Comment: 2360 sq. ft., needs repair, presence Location: U003A, U004B, U006C, U015B, Status: Unutilized of asbestos/lead paint, most recent use— U016B, U019B Comment: 3724 sq. ft., needs repair, presence educ. fac., off-site use only. Status: Unutilized of asbestos/lead paint, most recent use— Bldg. 9794 Comment: 54 sq. ft., needs repair, presence carport, off-site use only. Property #: 21199830435 of asbestos/lead paint, most recent use— Bldg. 5162 Fort Lewis control tower, off-site use only.

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Bldg. U004D Property #: 21199920250 Status: Excess Property #: 21199920241 Fort Lewis Comment: 36 sq. ft., needs repair, presence Fort Lewis Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433– Status: Unutilized control tower, off-site use only. Status: Unutilized Comment: 120 sq. ft., needs repair, presence Bldg. U039B Comment: 960 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Property #: 21199920260 of asbestos/lead paint, most recent use— ammo bldg., off-site use only. Fort Lewis supply, off-site use only. Bldg. U027A Ft. Lewis Co: Pierce WA 98433– Bldg. U005A Property #: 21199920251 Status: Excess Property #: 21199920242 Fort Lewis Comment: 1600 sq. ft., needs repair, presence Fort Lewis Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433– Status: Excess grandstand/bleachers, off-site use only. Status: Unutilized Comment: 64 sq. ft., needs repair, presence Bldg. U039C Comment: 360 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Property #: 21199920261 of asbestos/lead paint, most recent use— tire house, off-site use only. Fort Lewis control tower, off-site use only. Bldg. U028A–U032A Ft. Lewis Co: Pierce WA 98433– Bldg. U006A, U024A Property #: 21199920252 Status: Excess Property #: 21199920243 Fort Lewis Comment: 600 sq. ft., needs repair, presence Fort Lewis Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— Ft Lewis Co: Pierce WA 98433– Status: Unutilized support, off-site use only. Status: Excess Comment: 72 sq. ft., needs repair, presence Bldg. U043A Comment: 100 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Property #: 21199920262 of asbestos/lead paint, most recent use— control tower, off-site use only. Fort Lewis shelter, off-site use only. Bldg. U031A Ft. Lewis Co: Pierce WA 98433– Bldg. U007A, U021A Property #: 21199920253 Status: Excess Property #: 21199920244 Fort Lewis Comment: 132 sq. ft., needs repair, presence Fort Lewis Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433– Status: Excess range house, off-site use only. Status: Excess Comment: 3456 sq. ft., needs repair, presence Bldg. U052A Comment: 100 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Property #: 21199920263 of asbestos/lead paint, most recent use— line shed, off-site use only. Fort Lewis control tower, off-site use only. Bldg. U031C Ft. Lewis Co: Pierce WA 98433– 7 Bldgs. Property #: 21199920254 Status: Excess Property #: 21199920245 Fort Lewis Comment: 69 sq. ft., needs repair, presence Fort Lewis Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433– Status: Unutilized tower, off-site use only. Location: U014A, U022B, U023A, U043B, Comment: 32 sq. ft., needs repair, presence Bldg. U052E U059B, U060A, U101A of asbestos/lead paint off-site use only. Property #: 21199920264 Status: Excess Bldg. U040D Fort Lewis Comment: needs repair, presence of asbestos/ Property #: 21199920255 Ft. Lewis Co: Pierce WA 98433– lead paint, most recent use—ofc/tower/ Fort Lewis Status: Excess support, off-site use only. Ft. Lewis Co: Pierce WA 98433– Comment: 600 sq. ft., needs repair, presence Bldg. U015J Status: Excess of asbestos/lead paint, most recent use— Property #: 21199920246 Comment: 800 sq. ft., needs repair, presence storage, off-site use only. Fort Lewis of asbestos/lead paint, most recent use— Bldg. U052G Ft. Lewis Co: Pierce WA 98433– range house, off-site use only. Property #: 21199920265 Status: Excess Bldg. U052C,UO52H Fort Lewis Comment: 144 sq. ft., needs repair, presence Property #: 21199920256 Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— Fort Lewis Status: Excess tower, off-site use only. Ft. Lewis Co: Pierce WA 98433– Comment: 1600 sq. ft., needs repair, presence Bldg. U018B Status: Excess of asbestos/lead paint, most recent use— Property #: 21199920247 Comment: various sq. ft., needs repair, shelter, off-site use only. Fort Lewis presence of asbestos/lead paint, most 3 Bldgs. Ft. Lewis Co: Pierce WA 98433– recent use—range house, off-site use only. Property #: 21199920266 Status: Unutilized Bldg. U035A, U035B Fort Lewis Comment: 121 sq. ft., needs repair, presence Property #: 21199920257 Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— Fort Lewis Location: U0558A, U103A, U018A range house, off-site use only. Ft. Lewis Co: Pierce WA 98433– Status: Excess Bldg. U018C Status: Excess Comment: 36 sq. ft., needs repair, presence Property #: 21199920248 Comment: 192 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Fort Lewis of asbestos/lead paint, most recent use— control tower, off-site use only. Ft. Lewis Co: Pierce WA 98433– shelter, off-site use only. Bldg. U059A Status: Unutilized Bldg. U035C Property #: 21199920267 Comment: 48 sq. ft., needs repair, presence Property #: 21199920258 Fort Lewis of asbestos/lead paint, off-site use only. Fort Lewis Ft. Lewis Co: Pierce WA 98433– Bldg. U024B Ft. Lewis Co: Pierce WA 98433– Status: Excess Property #: 21199920249 Status: Excess Comment: 16 sq. ft., needs repair, presence Fort Lewis Comment: 242 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— tower, off-site use only. Status: Unutilized range house, off-site use only. Bldg. U093B Comment: 168 sq. ft., needs repair, presence Bldg. U039A Property #: 21199920268 of asbestos/lead paint, most recent use— Property #: 21199920259 Fort Lewis control tower, off-site use only. Fort Lewis Ft. Lewis Co: Pierce WA 98433– Bldg. U024D Ft. Lewis Co: Pierce WA 98433– Status: Excess

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Comment: 680 sq. ft., needs repair, presence Comment: 5000 sq. ft., needs repair, presence 12 Bldgs. of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— Property #: 21199920287 range house, off-site use only. shed, off-site use only. Fort Lewis 4 Bldgs. 7 Bldgs. Ft. Lewis Co: Pierce WA 98433– Property #: 21199920269 Property #: 21199920278 Location: C1002, C1003, C1006, C1007, Fort Lewis Fort Lewis C1022, C1023, C1026, C1027, C1207, Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– C1301, C13333, C1334 Location: U101B, U101C, U507B, U557A Location: F0002, F0004, F0003, F0005, Status: Excess Status: Excess F0006, F0008, F0009 Comment: 2360 sq. ft., needs repair, presence Comment: 400 sq. ft., needs repair, presence Status: Excess of asbestos/lead paint, most recent use— of asbestos/lead paint, off-site use only. Comment: various sq. ft., needs repair, barracks, off-site use only. Bldg. U102B presence of asbestos/lead paint, most Bldg. E1010 Property #: 21199920270 recent use—storehouse, off-site use only. Property #: 21199920288 Fort Lewis Bldg. F0022A Fort Lewis Ft. Lewis Co: Pierce WA 98433– Property #: 21199920279 Ft. Lewis Co: Pierce WA 98433– Status: Excess Fort Lewis Status: Excess Comment: 1058 sq. ft., needs repair, presence Ft. Lewis Co: Pierce WA 98433– Comment: 148 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Status: Excess of asbestos/lead paint, most recent use— shelter, off-site use only. Comment: 4373 sq. ft., needs repair, presence gas station, off-site use only. Bldg. U108A of asbestos/lead paint, most recent use— Bldg. D1154 Property #: 21199920271 gen. inst., off-site use only. Property #: 21199920289 Fort Lewis Bldg. F0022B Fort Lewis Ft. Lewis Co: Pierce WA 98433– Property #: 21199920280 Ft. Lewis Co: Pierce WA 98433– Status: Excess Fort Lewis Status: Excess Comment: 31,320 sq. ft., needs repair, Ft. Lewis Co: Pierce WA 98433– Comment: 1165 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— presence of asbestos/lead paint, most Status: Excess day room, off-site use only. recent use—line shed, off-site use only. Comment: 3100 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Bldg. 01205 Bldg. U110B storage, off-site use only. Property #: 21199920290 Property #: 21199920272 Fort Lewis Fort Lewis Bldg. C0120 Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Property #: 21199920281 Status: Excess Status: Excess Fort Lewis Comment: 87 sq. ft., needs repair, presence Comment: 138 sq. ft., needs repair, presence Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— Status: Excess storehouse, off-site use only. support, off-site use only. Comment: 384 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Bldg. 01259 6 Bldgs. scale house, off-site use only. Property #: 21199920291 Property #: 21199920273 Bldg. A0220 Fort Lewis Fort Lewis Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Property #: 21199920282 Fort Lewis Status: Excess Location: U111A, U015A, U024E, U052F, Comment: 16 sq. ft., needs repair, presence U109A, U110A Ft. Lewis Co: Pierce WA 98433– Status: Excess of asbestos/lead paint, most recent use— Status: Excess storage, off-site use only. Comment: 1000 sq. ft., needs repair, presence Comment: 2284 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— Bldg. 01266 club facility, off-site use only. support/shelter/mess, off-site use only. Property #: 21199920292 18 Bldgs. Fort Lewis Bldg. U112A Property #: 21199920283 Ft. Lewis Co: Pierce WA 98433– Property #: 21199920274 Fort Lewis Status: Excess Fort Lewis Ft. Lewis Co: Pierce WA 98433– Comment: 45 sq. ft., needs repair, presence Ft. Lewis Co: Pierce WA 98433– Location: A0337, A0617, B0820, B0821, of asbestos/lead paint, most recent use— Status: Excess C0319, C0833, C0310, C0311, C0318, shelter, off-site use only. Comment: 1600 sq. ft., needs repair, presence C1019, D0712, D0713, D0720, D0721, Bldg. B1410 of asbestos/lead paint, most recent use— D1108, D1153, C1011, C1018 Property #: 21199920293 shelter, off-site use only. Status: Excess Fort Lewis Bldg. U115A Comment: 1144 sq. ft., needs repair, presence Ft. Lewis Co: Pierce WA 98433– Property #: 21199920275 of asbestos/lead paint, most recent use— Status: Excess Fort Lewis day room, off-site use only. Comment: 3108 sq. ft., needs repair, presence Ft. Lewis Co: Pierce WA 98433– Bldg. A0334 of asbestos/lead paint, most recent use— Status: Excess Property #: 21199920284 motor repair, off-site use only. Comment: 36 sq. ft., needs repair, presence Fort Lewis Bldg. 1445 of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433– Property #: 21199920294 tower, off-site use only. Status: Excess Fort Lewis Bldg. U507A Comment: 1092 sq. ft., needs repair, presence Ft. Lewis Co: Pierce WA 98433– Property #: 21199920276 of asbestos/lead paint, most recent use— Status: Excess Fort Lewis sentry station, off-site use only. Comment: 144 sq. ft., needs repair, presence Ft. Lewis Co: Pierce WA 98433– 7 Bldgs. of asbestos/lead paint, most recent use— Status: Excess Property #: 21199920285 generator bldg., off-site use only. Comment: 400 sq. ft., needs repair, presence Fort Lewis Bldg. 02082 of asbestos/lead paint, most recent use4— Ft. Lewis Co: Pierce WA 98433– Property #: 21199920295 support, off-site use only. Location: C0302, C0303, C0306, C0322, Fort Lewis Bldg. U516B C0323, C0326, C0327 Ft. Lewis Co: Pierce WA 98433– Property #: 21199920277 Status: Excess Status: Excess Fort Lewis Comment: 2340 sq. ft., needs repair, presence Comment: 16 sq. ft., needs repair, presence Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— Status: Excess barracks, off-site use only. storage, off-site use only.

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Bldgs. 03091, 03099 Bldgs. 8279 Comment: 77.6 acres. Property #: 21199920296 Property #: 21199920306 Parcel 02 Fort Lewis Fort Lewis Property #: 31199010072 Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– DeGray Lake Status: Excess Status: Excess Section 13 Comment: Various sq. ft., needs repair, Comment: 210 sq. ft., needs repair, presence Arkadelphia Co: Clark AR 71923–9361 presence of asbestos/lead paint, most of asbestos/lead paint, most recent use— Status: Unutilized recent use—sentry station, off-site use fuel disp. fac., off-site use only. Comment: 198.5 acres. only. Bldgs. 8280, 8291 Parcel 03 Bldgs. 03100, 3101 Property #: 21199920307 Property #: 31199010073 Property #: 21199920297 Fort Lewis DeGray Lake Fort Lewis Ft. Lewis Co: Pierce WA 98433– Section 18 Ft. Lewis Co: Pierce WA 98433– Status: Excess Arkadelphia Co: Clark AR 71923–9361 Status: Excess Comment: 800/464 sq. ft., needs repair, Status: Unutilized Comment: Various sq. ft., needs repair, presence of asbestos/lead paint, most Comment: 50.46 acres. recent use—storage, off-site use only. presence of asbestos/lead paint, most Parcel 04 recent use—storage, off-site use only. Bldgs. 8956 Property #: 31199010074 Bldgs. 4040 Property #: 21199920308 DeGray Lake Property #: 21199920298 Fort Lewis Sections 24, 25, 30 and 31 Fort Lewis Ft. Lewis Co: Pierce WA 98433– Arkadelphia Co: Clark AR 71923–9361 Ft. Lewis Co: Pierce WA 98433– Status: Excess Status: Unutilized Status: Excess Comment: 100 sq. ft., needs repair, presence Comment: 236.37 acres. of asbestos/lead paint, most recent use— Comment: 8,326 sq. ft., needs repair, Parcel 05 storage, off-site use only. presence of asbestos/lead paint, most Property #: 31199010075 recent use—shed, off-site use only. Bldgs. 9530 DeGray Lake Bldgs. 4072, 5104 Property #: 21199920309 Section 16 Property #: 21199920299 Fort Lewis Arkadelphia Co: Clark AR 71923–9361 Fort Lewis Ft. Lewis Co: Pierce WA 98433– Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Status: Excess Comment: 187.30 acres. Comment: 64 sq. ft., needs repair, presence Status: Excess Parcel 06 of asbestos/lead paint, most recent use— Comment: 24/36 sq. ft., needs repair, Property #: 31199010076 sentry station, off-site use only. presence of asbestos/lead paint, off-site use DeGray Lake only. Bldgs. 9574 Section 13 Bldgs. 4295 Property #: 21199920310 Arkadelphia Co: Clark AR 71923–9361 Property #: 21199920300 Fort Lewis Status: Unutilized Fort Lewis Ft. Lewis Co: Pierce WA 98433– Comment: 13.0 acres. Status: Excess Ft. Lewis Co: Pierce WA 98433– Parcel 07 Comment: 6,005 sq. ft., needs repair, Status: Excess Property #: 31199010077 presence of asbestos/lead paint, most Comment: 48 sq. ft., needs repair, presence DeGray Lake recent use—veh. shop., off-site use only. of asbestos/lead paint, most recent use— Section 34 storage, off-site use only. Bldgs. 9596 Arkadelphia Co: Hot Spring AR 71923–9361 Property #: 21199920311 Bldgs. 5170 Status: Unutilized Fort Lewis Property #: 21199920301 Comment: 0.27 acres. Ft. Lewis Co: Pierce WA 98433– Fort Lewis Parcel 08 Status: Excess Ft. Lewis Co: Pierce WA 98433– Property #: 31199010078 Comment: 36 sq. ft., needs repair, presence Status: Excess DeGray Lake of asbestos/lead paint, most recent use— Comment: 19,411 sq. ft., needs repair, Section 13 gas station, off-site use only. presence of asbestos/lead paint, most Arkadelphia Co: Clark AR 71923–9361 recent use—store, off-site use only. Bldgs. 9939 Status: Unutilized Property #: 21199920313 Comment: 14.6 acres. Bldgs. 6191 Fort Lewis Parcel 09 Property #: 21199920303 Ft. Lewis Co: Pierce WA 98433– Property #: 31199010079 Fort Lewis Status: Excess DeGray Lake Ft. Lewis Co: Pierce WA 98433– Comment: 600 sq. ft., needs repair, presence Section 12 Status: Excess of asbestos/lead paint, most recent use— Arkadelphia Co: Clark AR 71923–9361 Comment: 3,663 sq. ft., needs repair, recreation, off-site use only. presence of asbestos/lead paint, most Status: Unutilized recent use—exchange branch, off-site use Bldg. E0324 Comment: 6.60 acres. Property #: 21199920314 only. Parcel 10 Fort Lewis Property #: 31199010080 Bldgs. 08076, 08080 Ft. Lewis Co: Pierce WA 98433– DeGray Lake Property #: 21199920304 Status: Excess Section 12 Fort Lewis Comment: 2207 sq. ft., needs repair, presence Arkadelphia Co: Hot Spring AR 71923–9361 Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— Status: Unutilized Status: Excess storage, off-site use only. Comment: 3,660/412 sq. ft., needs repair, Comment: 4.5 acres. presence of asbestos/lead paint, off-site use COE Parcel 11 only. Arkansas Property #: 31199010081 Bldgs. 08093 DeGray Lake Property #: 21199920305 Land Section 19 Fort Lewis Parcel 01 Arkadelphia Co: Hot Spring AR 71923–9361 Ft. Lewis Co: Pierce WA 98433– Property #: 31199010071 Status: Unutilized Status: Excess DeGray Lake Comment: 19.50 acres. Comment: 289 sq. ft., needs repair, presence Section 12 Lake Greeson of asbestos/lead paint, most recent use— Arkadelphia Co: Clark AR 71923–9361 Property #: 31199010083 boat storage, off-site use only. Status: Unutilized Sections 7, 8, and 18

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Murfreesboro Co: Pike AR 71958–9720 Status: Excess Location: 5 miles south of Canton, KY. Status: Unutilized Comment: 496 sq. ft.; concrete block, most Status: Excess Comment: 46 acres. recent use—water treatment, off-site use Comment: 10.51 acres; steep and wooded; no only. utilities. Kansas Land Tract 4619 Building Property #: 31199010035 Tract 2625 Barkley Lake, Kentucky and Project Residence Property #:31199010025 Property #: 31199940001 Tennessee Barkley Lake, Kentucky, and Tennessee Canton Co: Trigg KY 42212– Perry Lake Drive Cadiz Co: Trigg KY 42211– Perry Co: Jefferson KS 66073–9727 Location: 41⁄2 miles south from Canton, KY. Location: Adjoining the village of Rockcastle. Status: Excess Status: Excess Status: Excess Comment: 2.02 acres; steep and wooded; no Comment: 1440 sq. ft., off-site use only. Comment: 2.57 acres; rolling and wooded. utilities. Land Tract 2709–10 and 2710–2 Tract 4817 Property #:31199010026 Parcel 1 Property #: 31199010036 Barkley Lake, Kentucky, and Tennessee Property #:31199010064 Barkley Lake, Kentucky and Cadiz Co: Trigg KY 42211– El Dorado Lake Tennessee Location: 21⁄2 miles in a southerly direction Section 13, 24, and 18 Canton Co: Trigg KY 42212– from the village of Rockcastle. (See County) Co: Butler KS Location: 61⁄2 miles south of Canton, KY. Status: Excess Status: Unutilized Status: Excess Comment: 2.00 acres; steep and wooded. Comment: 61 acresl most recent use— Comment: 1.75 acres; wooded. recreation. Tract 2708–1 Property #:31199010027 Tract 1217 Kentucky Barkley Lake, Kentucky, and Tennessee Property #: 31199010042 Cadiz Co: Trigg KY 42211– Barkley Lake, Kentucky and Building Tennessee Location: 21⁄2 miles in a southerly direction Green River Lock & Dam #3 from the village of Rockcastle. Eddyville Co: Lyon KY 42030– Property #:31199010022 Status: Excess Location: On the north side of the Illinois Rochester Co: Butler KY 42273– Comment: 3.59 acres; rooling and wooded; Central Railroad. Location: SR 70 west from Morgantown, KY., no utilities. Status: Excess approximately 7 miles to site. Comment: 5.80 acres; steep and wooded. Tract 2800 Status: Unutilized Tract 1906 Comment: 980 sq. ft.; 2 story wood frame; Property #:31199010028 Barkley Lake, Kentucky, and Tennessee Property #: 31199010044 two story residence; potential utilities; Cadiz Co: Trigg KY 42211– Barkley Lake, Kentucky and needs major rehab. Location: 41⁄2 miles in a southeasterly Tennessee Kentucky River Lock and Dam 3 direction from the village of Rockcastle. Eddyville Co: Lyon KY 42030– Property #:31199010060 Status: Excess Location: Approximately 4 miles east of Pleasureville Co: Henry KY 40057– Comment: 5.44 acres; steep and wooded. Eddyville, KY. Location: SR 421 North from Frankfort, KY. Status: Excess Tract 2915 to highway 561, right on 561 Comment: 25.86 acres; rolling steep and Property #:31199010029 approximately 3 miles to site. partially wooded; no utilities. Barkley Lake, Kentucky, and Tennessee Status: Unutilized Cadiz Co: Trigg KY 42211– Tract 1907 Comment: 897 sq. ft.; 2 story frame; structural Location: 61⁄2 miles west of Cadiz. Property #: 31199010045 deficiencies. Status: Excess Barkley Lake, Kentucky and Bldg. 1 Comment: 5.76 acres; steep and wooded; no Tennessee Property #:311990111628 utilities. Eddyville Co: Lyon KY 42030– Kentucky River Lock and Dam Tract 2702 Location: On the waters of Pilfen Creek, 4 Carrolton Co: Carroll KY 41008– Property #:31199010031 miles east of Eddyville, Ky Location: Take I–71 to Carrolton, KY exit, go Barkley Lake, Kentucky, and Tennessee Status: Excess east on SR #227 to Highway 320, then left Cadiz Co: Trigg KY 42211– Comment: 8.71 acres; rolling steep and for about 1.5 miles to site. Location: 1 mile in a southerly direction from wooded; no utilities. Status: Unutilized the village of Rockcastle. Tract 2001 #1 Comment: 1530 sq. ft.; 2 story frame house; Status: Excess Property #: 31199010046 subject to periodic flooding; needs rehab. Comment: 4.90 acres; wooded; no utilities. Barkley Lake, Kentucky and Bldg. 2 Tract 4318 Tennessee Property #:311990111629 Property #:31199010032 Eddyville Co: Lyon KY 42030– Kentucky River Lock and Dam 3 Barkley Lake, Kentucky, and Tennessee Location: Approximately 41⁄2 miles east of Carrolton Co: Carroll KY 41008– Canton Co: Trigg KY 42212– Eddyville, KY. Location: Take I–71 to Carrolton, KY exit, go Location: Trigg Co. adjoining the city of Status: Excess east on SR #227 to Highway 320, then left Canton, KY on the waters of Hopson Creek. Comment: 47.42 acres; steep and wooded; no for about 1.5 miles to site. Status: Excess utilities. Status: Unutilized Comment: 8.24 acres; steep and wooded. Tract 2001 #2 Comment: 1530 sq. ft.; 2 story frame house; Tract 4502 Property #: 31199010047 subject to periodic flooding; needs rehab. Property #:31199010033 Barkley Lake, Kentucky and Utility Bldg, Nolin River Lake Barkley Lake, Kentucky, and Tennessee Tennessee Property #:31199320002 Canton Co: Trigg KY 42212– Eddyville Co: Lyon KY 42030– 1 Moutardrier Recreation Site Location: 31⁄2 miles in a southerly direction Location: Approximately 4 ⁄2 miles east of Co: Edmonson KY from Canton, KY. Eddyville, KY. Status: Unutilized Status: Excess Status: Excess Comment: 541 sq. ft.; concrete block, off-site Comment: 4.26 acres; steep and wooded. Comment: 8.64 acres; steep and wooded; no use only. Tract 4611 utilities. Bldg. 3 Property #: 31199010034 Tract 2005 Property #:31199920001 Barkley Lake, Kentucky and Property #: 31199010048 Rough River Lake Project Tennessee Barkley Lake, Kentucky and Louisville Co: Breckenridge KY 40232– Canton Co: Trigg KY 42212– Tennessee

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Eddyville Co: Lyon KY 42030– Property #: 31199010056 Comment: 1.00 acres; wooded; subject to Location: Approximately 51⁄2 miles east of Barkley Lake, Kentucky and Tennessee utility easements. Eddyville, KY. Eddyville Co: Lyon KY 42030– Tract 233 Status: Excess Location: 61⁄2 miles southeasterly of Property #: 31199011627 Comment: 4.62 acres; steep and wooded; no Eddyville, KY. Barkley Lake, Kentucky and Tennessee utilities. Status: Excess Grand Rivers Co: Lyon KY 42045– Tract 2307 Comment: 97.66 acres; steep rolling and Location: 5 miles southwest of Kuttawa Property #: 31199010049 wooded; no utilities. Status: Excess Barkley Lake, Kentucky and Tracts 5203 and 5204 Comment: 1.00 acres; wooded; subject to Tennessee Property #: 31199010058 utility easements. Eddyville Co: Lyon KY 42030– Barkley Lake, Kentucky and Tennessee Tract B—Markland Locks & Dam 1 Location: Approximately 7 ⁄2 miles Linton Co: Trigg KY 42212– Property #: 31199130002 southeasterly of Eddyville, KY. Location: Village of Linton, KY state highway Hwy 42, 3.5 miles downstream of Warsaw Status: Excess 1254. Warsaw Co: Gallatin KY 41095– Comment: 11.43 acres; steep; rolling and Status: Excess Status: Unutilized wooded; no utilities. Comment: 0.93 acres; rolling, partially Comment: 10 acres, most recent use— Tract 2403 wooded; no utilities. recreational, possible periodic flooding. Property #: 31199010050 Tract 5240 Tract A—Markland Locks & Dam Barkley Lake, Kentucky and Property #: 31199010059 Property #: 31199130003 Tennessee Barkley Lake, Kentucky and Tennessee Hwy 42, 3.5 miles downstream of Warsaw Eddyville Co: Lyon KY 42030– Linton Co: Trigg KY 42212– Warsaw Co: Gallatin KY 41095– Location: 7 miles southeasterly of Eddyville, Location: 1 mile northwest of Linton, KY. Status: Unutilized KY. Status: Excess Comment: 8 acres, most recent use— Status: Excess Comment: 2.26 acres; steep and wooded; no recreational, possible periodic flooding. Comment: 1.56 acres; steep and wooded; no utilities. utilities. Tract C—Markland Locks & Dam Tract 4628 Tract 2504 Property #: 31199130005 Property #: 31199011621 Property #: 31199010051 Hwy 42, 3.5 miles downstream of Warsaw Barkley Lake, Kentucky and Tennessee Barkley Lake, Kentucky and Warsaw Co: Gallatin KY 41095– Canton Co: Trigg KY 42212– Tennessee Status: Unutilized Location: 41⁄2 miles south from Canton, KY. Eddyville Co: Lyon KY 42030– Comment: 4 acres, most recent use— Status: Excess Location: 9 miles southeasterly of Eddyville, recreational, possible periodic flooding. Comment: 3.71 acres; steep and wooded; KY. Tract N–819 subject to utility easements. Status: Excess Property #: 31199140009 Comment: 24.46 acres; steep and wooded; no Tract 4619–B Dale Hollow Lake & Dam Project utilities. Property #: 31199011622 Illwill Creek, Hwy 90 Tract 214 Barkley Lake, Kentucky and Tennessee Hobart Co: Clinton KY 42601– Canton Co: Trigg KY 42212– Status: Underutilized Property #: 31199010052 1 Barkley Lake, Kentucky and Location: 4 ⁄2 miles south from Canton, KY. Comment: 91 acres, most recent use— Tennessee Status: Excess hunting, subject to existing easements. Grand Rivers Co: Lyon KY 42045– Comment: 1.73 acres; steep and wooded; Portion of Lock & Dam No. 1 Location: South of the Illinois Central subject to utility easements. Property #: 31199320003 Railroad, 1 mile east of the Cumberland Tract 2403–B Kentucky River River. Property #: 31199011623 Carrolton Co: Carroll KY 41008–0305 Status: Excess Barkley Lake, Kentucky and Tennessee Status: Unutilized Comment: 5.5 acres; wooded; no utilities. Eddyville Co: Lyon KY 42038– Comment: Approx. 3.5 acres (sloping) access Tract 215 Location: 7 miles southeasterly from monitored. Property #: 31199010053 Eddyville, KY. Portion of Lock & Dam No. 2 Barkley Lake, Kentucky and Status: Utilized Property #: 31199320004 Tennessee Comment: 0.70 acres, wooded; subject to Kentucky River Grand Rivers Co: Lyon KY 42045– utility easements. Lockport Co: Henry KY 40036–9999 Location: 5 miles southwest of Kuttawa Tract 241–B Status: Underutilized Status: Excess Property #: 31199011624 Comment: Approx. 13.14 acres (sloping), Comment: 1.40 acres; wooded; no utilities. Barkley Lake, Kentucky and Tennessee access monitored. Tract 241 Grand Rivers Co: Lyon KY 42045– Property #: 31199010054 Location: South of Old Henson Ferry Road, Louisiana Barkley Lake, Kentucky and 6 miles west of Kuttawa, KY. Land Tennessee Status: Excess Grand Rivers Co: Lyon KY 42045– Comment: 11.16 acres; steep and wooded; Wallace Lake Dam and Reservoir Location: Old Henson Ferry Road, 6 miles subject to utility easements. Property #: 31199011009 Shreveport Co: Caddo LA 71103– west of Kuttawa, KY. Tracts 212 and 237 Status: Unutilized Status: Excess Property #: 311990011625 Comment: 10.81 acres; wildlife/ forestry; no Comment: 1.26 acres; steep and wooded; no Barkley Lake, Kentucky and Tennessee utilities. utilities. Grand Rivers Co: Lyon KY 42045– Tracts 306, 311, 315 and 325 Location: Old Henson Ferry Road, 6 miles Bayou Bodcau Dam and Reservoir Property #: 31199010055 west of Kuttawa, KY. Property #: 31199011010 Barkley Lake, Kentucky and Status: Excess Location: 35 miles Northeast of Shreveport, Tennessee Comment: 2.44 acres; steep and wooded; La. Grand Rivers Co: Lyon KY 42045– subject to utility easements. Status: Unutilized Comment: 203 acres; wildlife/forestry; no Location: 2.5 miles southwest of Kuttawa, Tract 215–B utilities. KY. on the waters of Cypress Creek. Property #: 31199011626 Status: Excess Barkley Lake, Kentucky and Tennessee Minnesota Comment: 38.77 acres; steep and wooded; no Grand Rivers Co: Lyon KY 42045– utilities. Location: 5 miles southwest of Kuttawa Land Tracts 2305, 2306, and 2400–1 Status: Excess Parcel D

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Property #: 31199011038 Comment: 120 acres; no utilities; most recent Parcel 17 Pine River use—wildlife and forestry management; Property #: 31199011034 Cross Lake Co: Crow Wing MN 56442– (13.5 acres/agriculture lease). Grenada Lake Location: 3 miles from city of Cross Lake, Parcel 4 Section 17, T23N, R7E between highways 6 and 371. Property #: 31199011025 Grenada Co: Yalobusha MS 28901–0903 Status: Excess Grenada Lake Status: Underutilized Comment: 17 acres; no utilities. Section 2 and 3. T23N, R5E Comment: 35 acres; no utilities; most recent Grenada Co: Yalobusha MS 38901–0903 Tract 92 use—wildlife and forestry management; Property #: 31199011040 Status: Underutilized Sandy Lake Comment: 60 acres; no utilities; most recent Parcel 18 McGregor Co: Aitkins MN 55760– use—wildlife and forestry management. Property #: 31199011035 Location: 4 miles west of highway 65, 15 Parcel 5 Grenada Lake miles from city of McGregor. Property #: 31199011026 Section 22, T23N, R7E Status: Excess Grenada Lake Grenada Co: Yalobusha MS 28902–0903 Comment: 4 acres; no utilities. Section 7, T24N, R6E Status: Underutilized Tract 98 Grenada Co: Yalobusha MS 38901–0903 Comment: 10 acres; no utilities; most recent Property #: 31199011041 Sttus: Underutilized use—wildlife and forestry management; Leech Lake Comment: 20 acres; no utilities; most recent Parcel 19 Benedict Co: Hubbard MN 56641– use—wildlife and forestry management; Location: 1 mile from city of Federal Dam, (14 acres/agriculture lease). Property #: 31199011036 Mn. Parcel 6 Grenada Lake Status: Excess Property #: 31199011027 Section 9, T22N, R7E Comment: 7.3 acres; no utilities. Grenada Lake Grenada Co: Yalobusha MS 28901–0903 Section 9, T24N, R6E Status: Underutilized Mississippi Grenada Co: Yalobusha MS 38903–0903 Comment: 20 acres; no utilities; most recent Land Status: Underutilized use—wildlife and forestry management; Comment: 80 acres; no utilities; most recent Parcel 7 use—wildlife and forestry management. Missouri Property #: 31199011019 Grenada Lake Parcel 11 Land Property #: 31199011028 Grenada Lake Harry S Truman Dam & Reservoir Sections 22, 23, T24N Grenada Lake Property #: 31199030014 Grenada Co: Yalobusha MS 38901–0903 Section 20, T24N, R8E Status: Underutilized Grenada Co: Calhoun MS 38901–0903 Warsaw Co: Benton MO 65355– Comment: 100 acres; no utilities; Status: Underutilized Location: Triangular shaped parcel southwest intermittently used under lease—expires Comment: 30 acres; no utilities; most recent of access road ‘‘B’’, part of Bledsoe Ferry 1994. use—wildlife and forestry management. Park Tract 150. Parcel 8 Parcel 12 Status: Underutilized Property #: 31199011020 Property #: 31199011029 Comment: 1.7 acres; potential utilities. Grenada Lake Grenada Lake Section 25, T24N, R7E Section 20, T24N Ohio Grenada Co: Yalobusha MS 38390–10903 Grenada Co: Yalobusha MS 38901–0903 Status: Underutilized Building Status: Underutilized Comment: 30 acres; no utilities; most recent Comment: 30 acres: no utilities; Barker Historic House use—wildlife and forestry management. intermittently used under lease—expires Property #: 31199120018 1994. Parcel 13 Willow Island Locks and Dam Property #: 31199011030 Newport Co: Washington OH 45768–9801 Parcel 9 Grenada Lake Location: Located at lock site, downstream of Property #: 31199011021 Section 34, T24N, R7E Grenada Lake Grenada Co: Yalobusha MS 38903–0903 lock and sam structure Section 20, T24N, R7E Status: Underutilized Status: Underutilized Grenada Co: Yalobusha MS 38901–0903 Comment: 35 acres; no utilities; most recent Comment: 1600 sq. ft. bldg. with 1⁄2 acre of Status: Underutilized use—wildlife and forestry management; land, 2 story brick frame, needs rehab. on Comment: 23 acres; no utilities; (11 acres/agriculture lease). Natl Register of Historic Places, no utilities, intermittently used under lease—expires off-site use only. 1994. Parcel 14 Property #: 31199011031 Dwelling No. 2 Parcel 10 Grenada Lake Property #: 31199810005 Property #: 31199011022 Section 3, T23N, R6E Grenada Lake Delaware Lake, Highway 23 Grenada Co: Yalobusha MS 28901–0903 North Sections 16, 17, 18 T24N Status: Underutilized Delaware OH 43015– R8E Comment: 15 acres; no utilities; most recent Grenada Co: Calhoun MS 38901–0903 use—wildlife and forestry management. Status: Excess Comment: 2-story brick w/basement, most Status: Underutilized Parcel 15 recent use—residential presence of Comment: 490 acres; no utilities; Property #: 31199011032 intermittently used under lease—expires Grenada Lake asbestors/lead paint, off-site use only. 1994. Section 4, T24N, R6E Oklahoma Parcel 2 Grenada Co: Yalobusha MS 38901–0903 Property #: 31199011023 Status: Underutilized Building Section 20 and T23N, R5E Comment: 40 acres; no utilities; most recent Water Treatment Plant Grenada Co: Grenada MS 38901–0903 use—wildlife and forestry management; Property #: 31199630001 Status: Underutilized Parcel 16 Belle Starr, Eufaula Lake Comment: 60 acres; no utilities; most recent Property #: 31199011033 use—wildlife and forestry management. Eufaula Co. McIntosh OK 74432– Grenada Lake Status: Excess Parcel 3 Section 9, T23N, R6E Comment: 16′x16′ metal, off-site use only. Property #: 31199011024 Grenada Co: Yalobusha MS 38901–0903 Section 4, T23N, R5E Status: Underutilized Water Treatment Plant Grenada Co: Yalobusha MS 38901–0903 Comment: 70 acres; no utilities; most recent Property #: 31199630002 Status: Underutilized use—wildlife and forestry management; Gentry Creek, Eufaula Lake

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Eufaula Co. McIntosh OK 74432– Dwelling #1 Portion of Tract L–21A Status: Excess Property #: 31199740006 Property #: 31199430012 Comment: 12′ x16′ metal, off-site use only. Loyalhanna Lake Crooked Creek Lake, LR 03051 Saltsburg Co: Westmoreland PA 15681–9302 Ford City Co.: Armstrong PA 16226– Land Status: Excess Status: Unutilized Pine Creek Lake Comment: 1996 sq. ft., most recent use— Comment: Approximately 1.72 acres of Property #: 31199010923 residential, good condition, off-site use undeveloped land, subject to gas rights. only. (See County) Co: McCurtain OK Tennessee Status: Unutilized Dwelling #2 Comment: 3 acres; no utilities; subject to Property #: 31199740007 Building right of way for Oklahoma State Highway Loyalhanna Lake Cheatham Lock & Dam 3. Saltsburg Co: Westmoreland PA 15681–9302 Property #: 31199520003 Status: Excess Pennsylvania Tract D, Lock Road Comment: 1996 sq. ft., most recent use— Nashville Co: Davidson TN 37207– Building residential, good condition, off-site use Status: Unutilized Mahoning Creek Reservior only. Comment: 1100 sq. ft. w/storage blgds on 7 Property #: 31199210008 Dwelling #1 acres, needs major rehab, contamination New Bethlehem Co: Armstrong PA 16242– Property #: 31199740008 issues, 1 acre in fldwy, off-site use only Status: Unutilized Woodcock Creek Lake modif. to struct. subj. to approval of St. Comment: 1015 sq. ft., 2 story brick Saegertown Co: Crawford PA 16433–0629 Hist. Presv. Ofc. Status: Excess residence, off-site use only. Land Dwelling Comment: 2106 sq. ft., most recent use— Tract 6827 Property #: 31199620008 residential, good condition, off-site use Property #: 31199010927 Lock & Dam 6, Allegheny River, 1260 River only. Barkley Lake Rd. Dwelling #2 Dover Co: Stewart TN 37058– Freeport Co: Armstrong PA 16229–2023 Property #: 31199740009 Location: 21⁄2 miles west of Dover, TN. Status: Unutilized Lock & Dam 6, 1260 River Road Status: Excess Comment: 2652 sq. ft., 3-story brick house, in Freeport Co: Armstrong PA 16229–2023 Comment: .57 acres; subject to existing close proximity to Lock and Dam, available Status: Excess easements for interim use for nonresidential purposes. Comment: 2652 sq. ft., most recent use— Tracts 6002–2 and 6010 Govt. Dwelling residential, good condition, off-site use Property #: 31199010928 Property #: 31199640002 only. Barkley Lake Youghiogheny River Lake Dwelling #2 Dover Co: Stewart TN 37058– Confluence Co: Fayette PA 15424–9103 Property #: 31199830003 Location: 31⁄2 miles south of village of Status: Unutilized Youghiogheny River Lake Confluence Co: Fayette PA 15424–9103 Tabaccoport. Comment: 1421 sq. ft., 2-story brick w/ Status: Excess basement, most recent use—residential. Status: Excess Comment: 1421 sq. ft., 2-story + basement, Comment: 100.86 acres; subject to existing Dwelling most recent use—residential. easements. Property #: 31199710009 Residence/Office Tract 11516 Lock & Dam 4, Allegheny River Property #: 31199010929 Natrona Co: Allegheny PA 15065–2609 Property #: 31199940002 Cowanesque Lake Project Barkley Lake Status: Unutilized Ashland City Co: Dickson TN 37015– Comment: 1664 sq. ft., 2-story brick Lawrenceville Co: Tioga PA 16929– Location: 1⁄2 mile downstream from residence, needs repair, off-site use only. Status: Unutilized Comment: 1653 sq. ft. residence, and 2,640 Cheatham Dam Dwelling #1 sq. ft. storage bldg., need major repairs, no Status: Excess Property #: 31199740002 operating sanitary facilities. Comment: 26.25 acres; subject to existing Crooked Creek Lake easements. Ford City Co: Armstrong PA 16226–8815 Land Tract 2319 Status: Excess Mahoning Creek Lake Property #: 31199010930 Comment: 2030 sq. ft., most recent use— Property #: 31199010018 J. Percy Priest Dam and Resorvoir residential, good condition, off-site use New Bethlehem Co: Armstrong PA 16242– Murfreesboro Co: Rutherford TN 37130– only. 9603 Location: West of Buckeye Bottom Road Dwelling #2 Location: Route 28 north to Belknap, Road #4 Status: Excess Property #: 31199740003 Status: Excess Comment: 14.48 acres; subject to existing Crooked Creek Lake Comment: 2.58 acres; steep and densely easement. Ford City Co: Armstrong PA 16226–8815 wooded. Tract 2227 Status: Excess Tracts 610, 611, 612 Property #: 31199010931 Comment: 3045 sq. ft., most recent use— Property #: 31199011001 J. Percy Priest Dam and Resorvoir residential, good condition, off-site use Shenango River Lake Murfreesboro Co: Rutherford TN 37130– only. Sharpsville Co: Mercer PA 16150– Location: Old Jefferson Pike Dwelling #3 Location: I–79 North, I–80 West, Exit Sharon. Status: Excess Property #: 31199740004 R18 North 4 miles, left on R518, right on Comment: 2.27 acres; subject to existing Crooked Creek Lake Mercer Avenue. easements. Ford City Co: Armstrong PA 16226–8815 Status: Excess Tract 2107 Status: Excess Comment: 24.09 acres; subject to flowage Property #: 31199010932 Comment: 1847 sq. ft., most recent use— easement. J. Percy Priest Dam and Reservoir office, good condition, off-site use only. Tracts L24, L26 Murfreesboro Co: Rutherford TN 37130– Govt Dwelling Property #: 31199011011 Location: Across Fall Creek near Fall Creek Property #: 31199740005 Crooked Creek Lake camping area. East Branch Lake Co: Armstrong PA 03051– Status: Excess Wilcox Co: Elk PA 15870–9709 Location: Left bank—55 miles downstream of Comment: 14.85 acres; subject to existing Status: Underutilized dam. easements. Comment: Approx. 5299 sq. ft., 1-story, most Status: Unutilized Tracts 2601, 2602, 2603, 2604 recent use—residence, off-site use only. Comment: 7.59 acres; potential for utilities. Property #: 31199010933

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Cordell Hull Lake and Dam Project Tract 9707 West Virginia Doe Row Creek Property #: 31199010943 Building Gainesboro Co: Jackson TN 38562– Barkley Lake Location: TN Highway 56 Palmyer Co: Montgomery TN 37142– Dwelling 1 Status: Unutilized Location: 3 miles NE of Palmyer, TN. Property #: 31199810003 Comment: 11 acres; subject to existing Highway 149 Summersville Lake easements. Status: Excess Summersville Co: Nicholas WV 26651–9802 Status: Excess Tract 1911 Comment: 6.6 acres; subject to existing Comment: 1200 sq. ft., presence of asbestos/ Property #: 31199010934 easements. lead paint, most recent use—residential, J. Percy Priest Dam and Reservoir Tract 6949 off-site use only. Murfreesboro Co: Rutherford TN 37130– Property #: 31199010944 Location: East of Lamar Road Barkley Lake Dwelling 2 Status: Excess Dover Co: Stewart TN 37058– Property #: 31199810004 1 Comment: 15.31 acres; subject to existing Location: 1 ⁄2 miles SE of Dover, TN. Sutton Lake easements. Status: Excess Sutton Co: Braxton WV 26651–9802 Comment: 29.67 acres; subject to existing Status: Excess Tract 2321 easements. Comment: 1100 sq. ft., most recent use— Property #: 31199010935 residential, off-site use only. J. Percy Priest Dam and Reservoir Tracts 6005 and 6017 Murfreesboro Co: Rutherford TN 37130– Property #: 31199011173 Wisconsin Location: South of Old Jefferson Pike Barkley Lake Building Status: Excess Dover Co: Stewart TN 37058– Location: 3 miles south of Village of Comment: 12 acres; subject to existing Former Lockmaster’s Dwelling Tobaccoport. easements. Property #: 31199011524 Status: Excess Cedar Locks Tract 7206 Comment: 5 acres; subject to existing Property #: 31199010936 4527 East Wisconsin Road easements. Appleton Co: Outagamie WI 54911– Barkley Lake Tracts K–1191, K–1135 Status: Unutilized Dover Co: Stewart TN 37058– Property #: 31199130007 Comment: 1224 sq. ft., 2 story brick/wood Location: 21⁄2 miles SE of Dover, TN. Old Hickory Lock and Dam frame residence; needs rehab; secured area Status: Excess Hartsville Co: Trousdale TN 37074– with alternate access. Comment: 10.15 acres; subject to existing Status: Underutilized easements. Former Lockmaster’s Dwelling Comment: 92 acres (38 acres in floodway), Property #: 31199011525 Tract 8813, 8814 most recent use—recreation. Appleton 4th Lock Property #: 31199010937 Tract A–102 905 South Lowe Street Barkley Lake Property #: 31199140006 Appleton Co: Outagamie WI 54911– Cumberland Co: Stewart TN 37050– Dale Hollow Lake & Dam Project 1 Status: Unutilized Location: 2 ⁄2 miles East of Cumberland City. Canoe Ridge, State Hwy 52 Comment: 908 sq. ft., 2 story wood frame Status: Excess Celina Co: Clay TN 38551– residence; needs rehab. Comment: 96 acres; subject to existing Status: Underutilized Former Lockmaster’s Dwelling easements. Comment: 351 acres, most recent use— Property #: 31199011527 hunting, subject to existing easements. Tract 8911 Kaukauna 1st Lock Property #: 31199010938 Tract A–120 301 Canal Street Barkley Lake Property #: 31199140007 Kaukauna Co: Outagamie WI 54131– Cumberland City Co: Montgomery TN Dale Hollow Lake & Dam Project Status: Unutilized 37050– Swann Ridge, State Hwy No. 53 Comment: 1290 sq. ft.; 2 story wood frame Location: 4 miles east of Cumberland City. Celina Co: Clay TN 38551– residence; needs rehab; secured area with Status: Excess Status: Underutilized alternate access. Comment: 7.7 acres; subject to existing Comment: 883 acres, most recent use— Former Lockmaster’s Dwelling easements. hunting, subject to existing easements Property #: 31199011531 Tract 11503 Tracts A–20, A–21 Appleton 1st Lock Property #: 31199010939 Property #: 31199140008 905 South Oneida Street Barkley Lake Dale Hollow Lake & Dam Project Appleton Co: Outagamie WI 54911– Ashland City Co: Cheatham TN 37015– Red Oak Ridge, State Hwy No. 53 Status: Unutilized Location: 2 miles downstream from Celina Co: Clay TN 38551– Comment: 1300 sq. ft.; potential utilities; 2 Cheatham Dam. Status: Underutilized story wood frame residence; needs rehab; Status: Excess Comment: 821 acres, most recent use— secured area with alternate access. recreation, subject to existing easements. Comment: 1.1 acres; subject to existing Former Lockmaster’s Dwelling easements. Tract D–185 Property #: 31199011533 Tracts 11523, 11524 Property #: 31199140010 Rapid Croche Lock Property #: 31199010940 Dale Hollow Lake & Dam Project Lock Road Barkley Lake Ashburn Creek, Hwy No. 53 Wrightstown Co: Outagamie WI 54180– Ashland City Co: Cheatham TN 37015– Livingston Co: Clay TN 38570– Location: 3 miles southwest of intersection Location: 21⁄2 miles downstream from Status: Underutilized State Highway 96 and Canal Road. Cheatham Dam. Comment: 883 acres, most recent use— Status: Unutilized Status: Excess hunting, subject to existing easements. Comment: 1952 sq. ft.; 2 story wood frame Comment: 19.5 acres; subject to existing Virginia residence; potential utilities; needs rehab. easements. Former Lockmaster’s Dwelling Tract 6410 Building Property #: 31199011535 Property #: 31199010941 Metal Bldg. Little KauKauna Lock Barkley Lake Property #: 31199620009 Little KauKauna Bumpus Mills Co: Stewart TN 37028– John H. Kerr Dam & Reservoir Lawrence Co: Brown WI 54130– Location: 41⁄2 miles SW. of Bumpus Mills. Co: Boydton VA Location: 2 miles southeasterly from Status: Excess Status: Excess intersection of Lost Dauphin Road (County Comment: 17 acres; subject to existing Comment: 800 sq. ft., most recent use— Trunk Highway ‘‘D’’) and River Street. easements. storage, off-site use only. Status: Unutilized

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Comment: 1224 sq. ft.; 2 story brick/wood Status: Excess Minnesota frame residence; needs rehab. Comment: 150,952 sq. ft. on 2 acres, needs Building Former Lockmaster’s Dwelling repair, presence of asbestos/lead paint, Property #: 31199011536 controlled access, mental hospital campus. GAP Filler Radar Site Little Chute, 2nd Lock GSA Number: 4–F–DC–479 Property #: 54199910009 214 Mill Street St. Paul Co: Rice MN 55101– Little Chute Co: Outagamie WI 54140– Florida Status: Excess Comment: 1266 sq. ft., concrete block, Status: Unutilized Building Comment: 1224 sq. ft.; 2 story brick/wood presence of asbestos/lead paint, most frame residence; potential utilities; needs Crooked River Lighthouse recent use—storage, zoning requirements rehab; secured area with alternate access. Property #: 54199940017 GSA Number: 1–GR (1)–MN–475 Carrabelle Co: Franklin FL 32322– MG Clement Trott Mem. USARC DOT Status: Excess Property #: 54199930003 California Comment: Lighthouse on 1.29 acres, possible Walker Co: Cass MN 56484– lead base paint, listed on National Register Status: Excess Building of Historic Places. Comment: 4320 sq. ft. training center and 3 Bachelor Enlisted Quarters GSA Number: 4–U–FL–1165 1316 sq. ft. vehicle maintenance shop, Property #: 87199810001 presence of environmental conditions U.S. Coast Guard Station Illinois GSA Number: 1–D–MN–575 Humboldt Bay Building Missouri Samoa CA 95564–9999 Status: Unutilized Homewood Natl Guard Facility Building Comment: 2550 sq. ft. each, 2-story, wood, Property #: 54199940002 1300 West 187th Street Hardesty Federal Complex most recent use—residential, needs rehab, Property #: 54199940001 off-site use only. Homewood Co: Cook IL 60430– Status: Excess 607 Hardesty Avenue Kansas City Co: Jackson MO 64124–3032 Massachusetts Comment: 4 old barracks, 5 storage bldgs., 1 Status: Excess guard house, need major repairs. Building Comment: 7 warehouses and support GSA Number: 5–D–IL–651 Plymouth Light buildings (540 to 216,000 sq. ft.) on 17.47 Property #: 87199420003 Army Reserve Center acres, major rehab, most recent use— Plymouth Co: Plymouth MA Property #: 54199940008 storage/office, utilities easement Status: Unutilized 1881 East Fremont Street GSA Number: 7–G–MO–637 Galesburg Co: Know IL 61401– Comment: 250 sq. ft. tower, and 2096 sq. ft. New Jersey dwelling, wood frame, most recent use— Status: Excess aid to navigation/housing. Comment: 2 brick buildings (6117 & 1325 sq. Building ft.), utilities turned off, need repairs, most ENERGY Barnegat Recreation Facility recent use—storage Property #: 54199930001 Missouri GSA Number: 1–D–IL–720 Corner 7th St/Longbeach Blvd. Building Kentucky Barnegat Light Co: NJ 08006– Status: Surplus Bldg. 82 Land Comment: 2700 Sq. Ft. Cottage on 0.69 acres, Property #: 41199930031 Segments 15–19 presence of asbestos/lead paint, eligible for Kansas City Plant Historic Register, floodplain, endangered Bannister Road Property #: 54199940009 South Williamson Project species in area Kansas City Co: MO 00000– GSA Number: 1–U–NJ–0641 Status: Excess S. Williamson Co: Pike KY 41503– Comment: 128 sq. ft., concrete, off-site use Status: Excess New York only. Comment: 30.4 acres/105 tracts, special Building Bldg. 83 floodplain restrictions Property #: 41199930032 GSA Number: 4–D–KY–608 ‘‘Terry Hill’’ Property #: 541998830008 Kansas City Plant Louisiana Bannister Road County Road 51 Kansas City Co: MO 00000– Land Manorville NY Status: Excess Status: Surplus Sulphur Mines Well Site Comment: 2 block structures, 780/272 sq. ft., Comment: 166 sq. ft., concrete, off-site use Property #: 54199930026 only. no sanitary facilities, most recent use— Highway 90–W storage/comm. facility, w/6.19 acres in fee GSA Sulphur Co: Calcasieu Parish LA 70663– and 4.99 acre easement, remote area Status: Surplus GSA Number: 1–D–NY–864 California Comment: 68.02 acres w/4 capped brine Binghampton Depot Building injection wells, majority of land densely Property #: 54199910015 Calexico Border Patrol Station wooded, located on Gulf Coastal Plain Nolans Road Property #: 54199930007 GSA Number: 7–B–UT–431–M Binghampton Co: NY 00000– 813 Andrade Avenue Maryland Status: Excess Calexico Co: CA 00000– Comment: 45,977 sq. ft., needs repair, Status: Excess Building presence of asbestos, most recent use— Comment: 7420 sq. ft. Washington Court Apartments office GSA Number: 9–J–CA–1539 Property #: 54199940005 GSA Number: 1–G–NY–760A District of Columbia Maryland Rt. 755 Ohio Edgewood Co: Harford MD 21040– Building Status: Excess Building William A. White Bldg. Comment: 55 bldgs. housing 276 apartments, Lorain Housing Property #: 54199930006 (2 to 4 bedrooms), need repairs, presence Property #: 54199840006 2700 Martin Luther King Ave., SE of lead based paint 238–240 Augusta Ave. Washington Co: 20032– GSA Number: 4–D–MD–559 Lorain OH 44051–

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Status: Excess Property #: 51499930014 Status: Surplus Comment: 3000 sq. ft. duplex, 2-story, good Volunteer Army Ammunition Comment: 36,060 sq. ft., 2-story concrete/ condition, possible lead based paint, Plant brick, needs repair, presence of asbestos, existing easements Storage Magazines most recent use—office/storage GSA Number: 1–U–OH–814 Chattanooga Co: Hamilton TN 37421– GSA Number: 7–G–UT–429 Status: Surplus Land Comment: approx. 200 concrete bunkers Land Jersey Tower Site covering a land area of approx. 4000 acres, Monticello Mill Tailings Site Property #: 54199910013 most recent use—storage/buffer area, Property #: 54919940020 Tract No. 100 & 100E potential use restrictions Monticello Co: San Juan UT 00000– Jersey Co: Licking OH 00000– GSA Number: 4–D–TN–594F Status: Excess Status: Surplus Bldg 232 Comment: 383.24 acres, listed as an EPA NPL Comment: 4.24 acres, subject to preservation Property #: 51499930020 Site—clean up in process, floodplain of wetlands Volunteer Army Ammunition GSA Number: 7–B–UT–431–M GSA Number: 1–W–OH–813 Plant Virginia Pennsylvania Chattanooga Co: Hamilton TN 37421– Status: Surplus Building Building Comment: 10,000 sq. ft., most recent use— Army Reserve Center office, presence of asbestos, approx. 5 acres Rices Landing Property #: 54199930010 associated w/bldg., potential use Property #: 54199930009 1 West Church St. restrictions Tracts A–L; 1–4 Martinsville Co: Henry VA 24112– GSA Number: 4–D–TN–594F Old Lock & Dam #6 Status: Excess Rices Landing Co: Greene PA 15357– 2 Laboratories Comment: 12,225 sq. ft., 3 stories, most Status: Excess Property #: 51499930021 recent use—office, 2,250 sq. ft. leased to Comment: 2 residences—1400 sq. ft. ea., need Volunteer Army Ammunition Postal Service repairs, 1 metal warehouse 1 shed, possible Plant GSA Number: 4–D–VA–719 asbestos/lead paint Chattanooga Co: Hamilton TN 37421– GSA Number: 4–D–PA–0786 Status: Surplus Washington Comment: 2000–12,000 sq. ft., potential use/ Puerto Rico lease restrictions Building Land GSA Number: 4–D–TN–594F Moses Lake U.S. Army Rsv Ctr Bahia Rear Range Light 3 Facilities Property #: 21199630118 Property #: 51499940003 Property #: 54199930022 Grant County Airport Ocean Drive Volunteer Army Ammunition Moses Lake Co: Grant WA 98837– Catano Co: PR 00632– Plant Status: Surplus Status: Excess Water Distribution Comment: 4499 sq. ft./2.86 acres, most recent Comment: 0.167 w/skeletal tower, fenced, aid Facilities use—admin., temporary permit from COE to navigation Chattanooga Co: Hamilton TN 37421– granted to an organization, FAA GSA Number: 1–T–PR–508 Status: Surplus recommended land not be used for Comment: 256–15,204 sq. ft., 35.86 acres residential use due to aircraft noise Tennessee associated w/bldgs., most recent use— problem, restriction water distribution system, potential use/ GSA Number: 9–D–WA–1141 Building lease restrictions 3 Facilities, Guard Posts GSA Number: 4–D–TN–594F Wisconsin Property #: 51499930011 Volunteer Army Ammunition Land Building Plant 1500 acres Naval Reserve Center Chattanooga Co: Hamilton TN 37421– Property #: 54199930015 Property #: 541999830002 Status: Surplus Volunteer Army Ammunition 215 South Eagle Street Comment: 48–64 sq. ft., most recent use— Plant Oshkosh Co: Winnebago WI 54903– access control Chattanooga Co: Hamilton TN 37421– Status: Excess GSA Number: 4–D–TN–594F Status: Surplus Comment: 16,260 sq. ft., excellent condition, 4 Bldgs. Comment: scattered throughout facility, most presence of asbestos/lead paint, most Property #: 51499930012 recent use—buffer area, steep topography, recent use—office Volunteer Army Ammunition potential use restrictions GSA Number: 1–N–WI–596 GSA Number: 4–D–TN–594F Plant Army Reserve Center Railroad System Facilities Texas Property #: 54199940004 Chattanooga Co: Hamilton TN 37421– 401 Fifth Street Status: Surplus Building Kewaunee Co: WI 54216–1838 Comment: 144–2,420 sq. ft., most recent Formerly Naval Rsv Center Status: Excess use—storage/rail weighing facilities/dock, Property #: 54199940019 Comment: 2 admin. bldgs. (15,593 sq. ft.), 1 potential use restrictions 1818 N. Confederate St. garage (1325 sq. ft.), need repairs GSA Number: 4–D–TN–594F Tyler Co: Smith TX 75702– GSA Number: 1–D–WI–597 8 Bldgs. Status: Surplus Property #: 51499930013 Comment: 11,370 sq. ft. bldg./.96 acres, most INTERIOR recent use—reserve center/office, subject to Volunteer Army Ammunition Arizona Plant existing easements Missile Assembly GSA Number: 7–N–TX–984A Land Chattanooga Co: Hamilton TN 37421– Utah Harry B. Christman Property Status: Surplus Property #: 61199910012 Comment: concrete block bldgs. on approx. Building N. of Missile Base Road 100 acres, most recent use—assembly/ Salt Lake City Admin. Bldg. Case No. 91–012 storage/buffer, potential use restrictions Property #: 54199930005 Marana Co: Pinal AZ 85245– GSA Number: 4–D–TN–594F 1745 W 1700 S Status: Unutilized 200 bunkers Salt Lake City Co: UT 84104– Comment: 2.97 acres of vacant desert

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Massachusetts Kosciusko Co: Attala MS 39090– NAVY Status: Excess Building California Comment: 1121 sq. ft., presence of absbestos, Crowell Shed most recent use—residential, off-site use Building Property #: 61199940010 only. Tract 41–8673 Bldg. 105QA Chatham Co: Barnstable MA 02633– Quarters 190 Property #: 77199830002 Status: Unutilized Property #: 61199910005 Naval Station, San Diego Comment: 120 sq. ft. storage shed, access via Natchez Trace Parkway Mission Gorge Recreation Center 4-wheel drive only over sand trail, off-site Port Gibson Co: Claiborne MS 39050– San Diego CA 92136– Status: Excess use only Status: Excess Comment: 1000 sq. ft., needs repair, most Comment: 1121 sq. ft., presence of absbestos, Katz, Tract 17–2724 recent use—water treatment facility, off- Property #: 61199940002 most recent use—residential, off-site use site use only. 10 Old King‘s Highway only. Truro Co: Barnstable MA 02666– Bldg. 102QA Quarters 194 Property #: 77199830003 Status: Unutilized Property #: 61199910006 Comment: 878 sq. ft., cement block, most Naval Station, San Diego Natchez Trace Parkway recent use—residential, off-site use only Mission Gorge Recreation Center Ackerman Co: Choctaw MS 39725– San Diego CA 92136– Carnelia, Tract 17–2725 Status: Excess Status: Excess Property #: 61199940003 Comment: 1121 sq. ft., presence of absbestos, Comment: 6138 sq. ft., needs repair, most 12 Old King‘s Highway recent use—pro shop, off-site use only. Truro Co: Barnstable MA 02666– most recent use—residential, off-site use Status: Unutilized only. Bldg. 118QA Comment: 1391 sq. ft., concrete block, most Quarters 258 Property #: 77199830004 Naval Station, San Diego recent use—residential, off-site use only Property #: 61199910007 Mission Gorge Recreation Center Simons, Tract 17–2787 Natchez Trace Parkway San Diego CA 92136– Property #: 61199940004 Carlisle Co: Claiborne MS 39049– Status: Excess 6 Head of Pamet Way Status: Excess Comment: 5635 sq. ft., needs repair, most Truro Co: Barnstable MA 02666– Comment: 1121 sq. ft., presence of absbestos, recent use—coffee shop-grille, off-site use Status: Unutilized most recent use—residential, off-site use only. Comment: 1600 sq. ft., most recent use— only. residential, off-site use only Bldg. 119QA Property #: 77199830005 Moss, Tract 17–2788 New Mexico Naval Station, San Diego Property #: 61199940005 Building Mission Gorge Recreation Center 425 Ocean View Drive San Diego CA 92136– Truro Co: Barnstable MA 02666– Roberts, Thomas A Status: Excess Status: Unutilized Property #: 61199910017 Comment: 1277 sq. ft., needs repair, most Comment: 2496 sq. ft. residence plus 2 #70, County Rd. 2900 recent use—lockers, off-site use only. outbuildings, off-site use only Aztec Co: San Juan NM 87410– Bldg. 129QA Barracks 38, 39 Status: Excess Property #: 77199830006 Property #: 61199940006 Comment: 2895 sq. ft., most recent use— Naval Station, San Diego Off Old Dew Line Road residential, off-site use only. Mission Gorge Recreation Center Truro Co: Barnstable MA 02666– San Diego CA 92136– Status: Unutilized Tennessee Status: Excess Comment: 5710 sq. ft., 2-story presence of Building Comment: 2832 sq. ft., needs repair, most asbestos, off-site use only recent use—patio cover, off-site use only. 01–200 Gips, Tract 21–4837 Bldg. 140QA Property #: 61199910018 Property #: 61199940007 Property #: 77199830007 Stones River Natl 188 Way #626 Naval Station, San Diego Wellfleet Co: Barnstable MA 02667– Battlefield Mission Gorge Recreation Center Status: Unutilized Murfreesboro Co: Rutherford TN 37129– San Diego CA 92136– Comment: 2015 sq. ft., concrete block, most Status: Excess Status: Excess recent use—residential off-site use only Comment: 1596 sq. ft., most recent use— Comment: 1648 sq. ft., needs repair, most Weidlinger 19–4136 residential, off-site use only. recent use—golf cart battery shop, off-site Property #: 61199940008 01–201 use only. Valley Road Property #: 61199910019 Bldg. 176QA Wellfleet Co: Barnstable MA 02667– Stones River Natl Property: #: 77199830008 Status: Unutilized Battlefield Naval Station, San Diego Mission Gorge Comment: 1855 sq. ft., most recent use— 2042 Mansion Pike Recreation Center residential, off-site use only Murfreesboro Co: Rutherford TN 37129– San Diego CA 92136– Mississippi Status: Excess Status: Excess Comment: 3196 sq. ft., most recent use— Comment: 5200 sq. ft., needs repair, most Building residential, off-site use only. recent use—golf cart shelter, off-site use Quarters 163 only. Property #: 61199910003 Texas Bldg. 193 Natchez Trace Parkway Property: #77199830112 Building Ridgeland Co: Madison MS 39157– Naval Station Status: Excess Tract 105–79 San Diego CA 92136–5294 Comment: 1121 sq. ft., most recent use— Property #: 61199910013 Status: Excess residential, presence of asbestos, off-site 9047 Espada Rd, Comment: 780 sq. ft., needs major repairs, use only San Antonio Co: Bexar TX 78214– most recent use—utility plant, off-site use Quarters 183 Status: Unutilized only. Property #: 61199910004 Comment: 712 sq. ft., most recent use— Bldg. 203 Natchez Trace Parkway residence, off-site use only. Property: #77199830113

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Naval Station New London Co: New London CT 06320– Status: Unutilized San Diego CA 92136–5294 5594 Comment: 3612 sq. ft., 1-story, access Status: Excess Status: Excess restrictions, needs rehab, most recent use— Comment: 360 sq. ft., needs major repairs, Comment: 700′ long by 30′ wide, rectangular storage, off-site use only. most recent use—valve house, off-site use shaped reinforced concrete pier Bldg. 442 only. Bldg. 84, Anx. of Gilmore Hall Property #: 77199630088 Bldg. 228 Property: #77199830009 Naval Station, Ford Island Property: #77199830114 Naval Submarine Base New London Pearl Harbor Co: Honolulu HI 96860– Naval Station Groton Co: New London CT 06349– Status: Excess San Diego CA 92136–5294 Status: Excess Comment: 192 sq. ft., most recent use— Status: Excess Comment: 5400 sq. ft., 2-story, presence of storage, off-site use only. Comment: 6142 sq. ft., needs major repairs, asbestos/lead paint, needs rehab, off-site Bldg. S180 most recent use—workshop, off-site use use only. Property #: 77199640039 only. Bldg. 150, McNeil Hall Naval Station, Ford Island Bldg. 286 Property: #: 77199830010 Pearl Harbor Co: Honolulu HI 96860– Property: #77199830115 Naval Submarine Base New London Status: Unutilized Naval Station Groton Co: New London CT 06349– Comment: 3412 sq. ft., 2-story, most recent San Diego CA 92136–5294 Status: Excess use—bomb shelter, off-site use only, Status: Excess Comment: 27,120 sq. ft., 4-story, presence of relocation may not be feasible. Comment: 23,760 sq. ft., needs major repairs, asbestos/lead paint, needs rehab, off-site Bldg. S181 use only. most recent use—shop, off-site use only. Property #: 77199640040 Bldg. 437, Fife Hall Naval Station, Ford Island Bldg. 308 Property: #77199830011 Pearl Harbor Co: Honolulu HI 96860– Property: #77199830116 Naval Submarine Base New London Status: Unutilized Naval Station Groton Co: New London CT 06349– Comment: 4248 sq. ft., 1-story, most recent San Diego CA 92136–5294 Status: Excess use—bomb shelter, off-site use only, Status: Excess Comment: 51,790 sq. ft., 3-story, presence of relocation may not be feasible. Comment: 3400 sq. ft., needs major repairs, asbestos/lead paint, needs rehab, off-site Bldg. 219 most recent use—workshop, off-site use use only. only. Property #: 77199640041 Bldg. 295 Naval Station, Ford Island Bldg. 314 Property: #77199830012 Pearl Harbor Co: Honolulu HI 96860– Property: #77199830117 Naval Submarine Base New London Status: Unutilized Naval Station Groton Co: New London CT 06349– Comment: 620 sq. ft., most recent use— San Diego CA 92136–5294 Status: Excess damage control, off-site use only, Status: Excess Comment: presence of asbestos/lead paint, relocation may not be feasible. Comment: 160 sq. ft., most recent use—use— needs rehab, off-site use only. water treatment facility, off-site use only. Bldg. 220 Facility CH–901 Property #: 77199640042 Bldg. 315 Property #: 77199830045 Naval Station, Ford Island Property: #77199830118 Naval Submarine Base Pearl Harbor Co: Honolulu HI 96860– Naval Station Co: New London CT Status: Unutilized San Diego CA 92136–5294 Status: Excess Comment: 620 sq. ft., most recent use— Status: Excess Comment: 6161 sq. ft., needs rehab, presence damage control, off-site use only, Comment: 160 sq. ft., needs major repairs, of asbestos/lead paint, most recent use— relocation may not be feasible. most recent use—water treatment facility, community center, off-site use only. off-site use only. Bldg. 160 3 Bldgs Property #: 77199840002 Bldg. 335 Property #: 77199910019 Naval Station, Pear Harbor Property: #77199830119 Naval Submarine Base Pearl Harbor Co: Honolulu HI 96860– Naval Station R121444, R121458, R121469 Status: Excess San Diego CA 92136–5294 Ledyard Co: New London CT 06335– Comment: 6070 sq. ft., needs rehab, presence Status: Excess Status: Unutilized of lead paint, most recent use—storage/ Comment: 14,000 sq. ft., needs major repairs, Comment: Various sq. ft., wood, possible office, off-site use only. most recent use—workshop, off-site use asbestos/lead paint, most recent use— only. Facility No. 92 storage, off-site use only. Property #: 77199930076 Bldg. 398 DG–12, DG–14, DG28–DG46 Naval Computer & Telecom. Property: #77199830120 Property #: 77199930026 Area Master Station Naval Station Naval Submarine Base New London Wahiawa Co: HI 96786– San Diego CA 92136–5294 Gorton Co: New London CT 06349– Status: Excess Status: Excess Status: Unutilized Comment: 1008 sq. ft., needs rehab, most Comment: 1530 sq. ft., needs major repairs, Comment: 19 detached garages, off-site use recent use—storage, off-site use only. most recent use—admin., off-site use only. only. Facility No. 99 Bldg. 3201 Hawaii Property #: 77199930077 Property: #77199830121 Naval Computer & Telecom. Naval Station Building Area Master Station San Diego CA 92136–5294 Bldg. S87, Radio Trans. Facility Wahiawa Co: HI 96786– Status: Excess Property #: 77199240011 Status: Excess Comment: 1750 sq. ft., needs major repairs, Lualualei, Naval Station, Eastern Pacific Comment: 544 sq. ft., concrete, needs rehab, most recent use—workshop, off-site use Wahiawa Co: Honolulu HI 96786–3050 presence of asbestos, most recent use— only. Status: Unutilized storage, off-site use only. Connecticut Comment: 7566 sq. ft., 1-story, needs rehab, Facility No. 127 most recent use—storage, off-site use only. Property #: 77199930078 Building Bldg. 64, Radio Trans. Facility Naval Computer & Telecom. Pier 7 Property #: 77199310004 Area Master Station Property: #77199710063 Naval Computer & Telecommunications Area Wahiawa Co: HI 96786– Naval Undersea Warfare Center Wahiawa Co: Honolulu HI 96786–3050 Status: Excess

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Comment: 198 sq. ft., needs rehab, presence Maine Property #: 77199940039 of asbestos, most recent use—storage, off- NAS Brunswick Building site use only. Brunswick Co: Cumberland ME 04011– Facility No. 227 Bldg. 22 Status: Excess Property #: 77199930079 Property #: 77199840008 Comment: 1973 sq. ft., presence of asbestos/ Naval Computer & Telecom. Naval Air Station lead paint, most recent use—storage, off- Area Master Station Brunswick Co: Cumberland ME 04011– site use only. Status: Excess Wahiawa Co: HI 96786– Bldg. 9 Comment: 2687 sq. ft., needs rehab, presence Status: Excess Property #: 77199940040 of asbestos/lead paint, most recent use— Comment: 2240 sq. ft., needs rehab, presence NAS Brunswick storage, off-site use only. of asbestos, most recent use—weight room, Brunswick Co: Cumberland ME 04011– off-site use only. Bldg. 36 Status: Excess Property #: 77199840009 Comment: 8888 sq. ft., presence of asbestos/ Facility No. 285 Naval Air Station Property #: 77199930080 lead paint, most recent use—housing Brunswick Co: Cumberland ME 04011– office, off-site use only. Naval Computer & Telecom. Status: Excess Bldg. 28 Area Master Station Comment: 8840 sq. ft., most recent use— Property #: 77199940041 Wahiawa Co: HI 96786– storage, off-site use only. Status: Excess NAS Brunswick Bldg. 38 Comment: 418 sq. ft., needs rehab, most Brunswick Co: Cumberland ME 04011– Property #: 77199840010 recent use—storage, off-site use only. Status: Excess Naval Air Station Comment: 784 sq. ft., presence of asbestos/ Bldg. 5175 Brunswick Co: Cumberland ME 04011– lead paint, most recent use—liquid oxygen Property #: 77199940033 Status: Excess bldg., off-site use only. Naval Public Works Comment: 19,612 sq. ft., needs rehab, Iroquois Ave. presence of asbestos/lead paint, most Bldg. 48 Ewa Beach Co: Honolulu HI 96706– recent use—office, off-site use only. Property #: 77199940042 Status: Excess NAS Brunswick Bldg. 234 Brunswick Co: Cumberland ME 04011– Comment: 1328 sq. ft., possible asbestos/lead Property #: 77199840011 Status: Excess paint, most recent use—residence, off-site Naval Air Station Comment: 3260 sq. ft., presence of asbestos/ use only. Brunswick Co: Cumberland ME 04011– lead paint, most recent use—carpenter Bldg. 5179 Status: Excess shop, off-site use only. Property #: 77199940034 Comment: 768 sq. ft., presence of asbestos/ Naval Public Works lead paint, most recent use—generator Bldg. 51 Iroquois Ave. bldg., off-site use only. Property #: 77199940043 NAS Brunswick Ewa Beach Co: Honolulu HI 96706– Bldg. 4 Status: Excess Property #: 77199930005 Brunswick Co: Cumberland ME 04011– Comment: 1328 sq. ft., possible asbestos/lead Naval Air Station Status: Excess paint, most recent use—residence, off-site Brunswick Co: 04011– Comment: 1870 sq. ft., presence of asbestos/ use only. Status: Excess lead paint, most recent use—paint shop, off-site use only. Bldg. 5183 Comment: 16,644 sq. ft., presence of Property #: 77199940035 asbestos/lead paint, most recent use— Bldg. 73 Naval Public Works headquarters building, off-site use only. Property #: 77199940044 Iroquois Ave. Bldg. 8 NAS Brunswick Ewa Beach Co: Honolulu HI 96706– Property #: 77199930006 Brunswick Co: Cumberland ME 04011– Status: Excess Naval Air Station Status: Excess Comment: 1328 sq. ft., possible asbestos/lead Brunswick Co: ME 04011– Comment: 64 sq. ft., presence of asbestos/ paint, most recent use—residence, off-site Status: Excess lead paint, most recent use—storage, off- use only. Comment: 7413 sq. ft., presence of asbestos/ site use only. Bldg. 5187 lead paint, most recent use—public works Bldg. 74 Property #: 77199940036 building, off-site use only. Property #: 77199940045 Naval Public Works Bldg. 12 NAS Brunswick Iroquois Ave. Property #: 77199930007 Brunswick Co: Cumberland ME 04011– Ewa Beach Co: Honolulu HI 96706– Naval Air Station Status: Excess Status: Excess Brunswick Co: ME 04011– Comment: 3072 sq. ft., presence of asbestos/ Comment: 1328 sq. ft., possible asbestos/lead Status: Excess lead paint, most recent use—storage, off- paint, most recent use—residence, off-site Comment: 25,353 sq. ft., presence of site use only. use only. asbestos/lead paint, most recent use— Bldg. 75 Bldg. 5191 admin., off-site use only. Property #: 77199940046 Property #: 77199940037 Bldg. 41 NAS Brunswick Naval Public Works Property #: 77199930008 Brunswick Co: Cumberland ME 04011– Iroquois Ave. Naval Air Station Status: Excess Ewa Beach Co: Honolulu HI 96705– Brunswick Co: ME 04011– Comment: 332 sq. ft., presence of asbestos/ Status: Excess Status: Excess lead paint, most recent use—storage, off- Comment: 1328 sq. ft., possible asbestos/lead Comment: 10,526 sq. ft., presence of site use only. paint, most recent use—residence, off-site asbestos/lead paint, most recent use— Bldg. 88 use only. security building, off-site use only. Property #: 77199940047 Bldg. 5193 Bldg. 224 NAS Brunswick Property #: 77199940038 Property #: 77199930009 Brunswick Co: Cumberland ME 04011– Naval Public Works Naval Air Station Status: Excess Iroquois Ave. Brunswick Co: Me 04011– Comment: 1462 sq. ft., presence of asbestos/ Ewa Beach Co: Honolulu HI 96706– Status: Excess lead paint, most recent use—storage, off- Status: Excess Comment: 8000 sq. ft., presence of asbestos/ site use only. Comment: 1328 sq. ft., possible asbestos/lead lead paint, most recent use—thrift shop, Bldg. 94 paint, most recent use—residence, off-site off-site use only. Property #: 77199940048 use only. Bldg. 6 NAS Brunswick

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Brunswick Co: Cumberland ME 04011– Status: Excess East Meadow Co: Nassau NY 11554– Status: Excess Comment: metal bldg w/cement block Status: Unutilized Comment: 64 sq. ft., presence of asbestos/ foundation, off-site use only. Comment: 350 sq. ft., masonary, most recent lead paint, most recent use—storage, off- Bldg. H–2 use—garage, off-site use only. site use only. Property #: 77199910044 Naval Reserve Center Bldg. 209 Portsmouth Naval Shipyard Property #: 77199840017 Property #: 77199940049 Portsmouth NH Co: 03804–5000 201 Third Avenue NAS Brunswick Status: Unutilized Frankfort NY 13340–1419 Brunswick Co: Cumberland ME 04011– Comment: 1103 sq. ft., possible asbestos, off- Status: Unutilized Status: Excess site use only. Comment: 10,000 sq. ft., most recent use— Comment: 2283 sq. ft., presence of asbestos/ Bldg. IY44 training facility. lead paint, most recent use—union bldg., Property #: 77199910045 Pennsylvania off-site use only. Portsmouth Naval Shipyard Bldg. 233 Portsmouth NH Co: 03804–5000 Building Property #: 77199940050 Status: Unutilized Bldg. 76 NAS Brunswick Comment: 1100 sq. ft., possible asbestos, Property #: 77199730075 Brunswick Co: Cumberland ME 04011– most recent use—small arms magazine, off- Naval Inventory Control Point Status: Excess site use only. Philadelphia Co: Philadelphia PA 19111– Comment: 24,048 sq. ft., presence of Bldg. 160 5098 asbestos/lead paint, most recent use— Property #: 77199910046 Status: Excess heating plant, off-site use only. Portsmouth Naval Shipyard Comment: 3475 sq. ft., cinder block/metal, Bldg. 1157 Portsmouth NH Co: 03804–5000 most recent use—child care, needs repair, Property #: 77199940051 Status: Unutilized off-site use only. NAS Brunswick Comment: 6080 sq. ft., possible asbestos, Bldg. 44 Brunswick Co: Cumberland ME 04011– most recent use—storage, off-site use only. Property #: 77199830093 Status: Excess Bldg. 97 Philadelphia Naval Shipyard Comment: 1474 sq. ft., presence of asbestos/ Property #: 77199920064 Philadelphia PA 19112– lead paint, most recent use—storage, off- Portsmouth Naval Shipyard Status: Excess site use only. Portsmouth NH 03804–5000 Comment: 2154 sq. ft., needs repair, presence New Hampshire Status: Unutilized of asbestos, most recent use—medical Comment: 573 sq. ft., most recent use—scale clinic, off-site use only. Building house/storage, off-site use only. Bldg. 48 Bldg. 246 Property #: 77199830094 Property #: 77199820028 New Jersey Philadelphia Naval Shipyard Portsmouth Naval Shipyard Building Philadelphia PA 19112– Portsmouth NH 03804–5000 Status: Excess Naval Reserve Center Status: Unutilized Comment: 2737 sq. ft., needs repair, presence Property #: 77199930038 Comment: metal frame structure, off-site use of asbestos, most recent use—admin., off- 53 Hackensack Ave. only. site use only. Kearny Co: Hudson NJ 07302– Bldg. 335 Status: Excess Bldg. 49 Property #: 77199820029 Comment: 12,180 sq. ft., minor repairs Property #: 77199830095 Portsmouth Naval Shipyard needed on 2.63 acres, most recent use— Philadelphia Naval Shipyard Portsmouth NH 03804–5000 office. Philadelphia PA 19112– Status: Unutilized Status: Excess Comment: 1000 sq. ft., brick, off-site use Bldg. D1–A Comment: 3263 sq. ft., needs repair, presence only. Property #: 77199940024 of asbestos, most recent use—admin., off- Naval Weapons Station Bldg. 128 site use only. Colts Neck Co: NJ 07722– Property #: 77199830015 Bldg. 64 Status: Unutilized Portsmouth Naval Shipyard Property #: 77199830096 Comment: 1134 sq. ft., presence of lead paint, Portsmouth NH 03804–5000 Philadelphia Naval Shipyard most recent use—smokehouse/lunchroom, Status: Excess Philadelphia PA 19112– off-site use only. Comment: 10,900 sq. ft., needs rehab, Status: Excess presence of asbestos, most recent use— Bldg. HA–1A Comment: 3157 sq. ft., needs major repairs, storage, off-site use only. Property #: 77199940025 presence of asbestos, most recent use— Naval Weapons Station Bldg. 185 office, off-site use only Colts Neck Co: NJ 07722– Property #: 77199830016 Bldg. 65 U/V Status: Unutilized Portsmouth Naval Shipyard Property #: 77199830097 Comment: 120 sq. ft., most recent use— Portsmouth NH 03804–5000 Philadelphia Naval Shipyard storage, off-site use only. Status: Excess Philadelphia PA 19112– Comment: 2310 sq. ft., needs rehab, presence New York Status: Excess of asbestos, most recent use—office, off-site Comment: 4829 sq. ft., needs repair, presence use only. Building of asbestos, most recent use—quarters, off- Bldg. 314 101 Housing Units site use only Property #: 77199830017 Property #: 77199810093 Bldg. 133 Portsmouth Naval Shipyard Mitchel Complex Property #: 77199830098 Portsmouth NH 03804–5000 82B Mitchel Avenue Philadelphia Naval Shipyard Status: Excess East Meadow Co: Nassau NY 11554– Philadelphia PA 19112– Comment: cement block bldg., needs rehab, Status: Unutilized Status: Excess presence of asbestos, most recent use— Comment: 422 sq. ft., frame 2-story, presence Comment: 27,600 sq. ft., needs repairs, storage, off-site use only. of asbestos/lead paint, most recent use— presence of asbestos, most recent use— Bldg. 336 residential, off-site use only. admin., off-site use only Property #: 77199830018 36 Garages Bldg. 337 Portsmouth Naval Shipyard Property #: 77199810094 Property #: 77199830099 Portsmouth NH 03804–5000 Mitchel Complex Philadelphia Naval Shipyard

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Philadelphia PA 19112– Facility W Naval Education & Training Center Status: Excess Property #: 77199810178 Coddington Park Comment: 1025 sq. ft., needs major repairs, Naval Education and Training Center Newport Co: Newport RI 02841–1711 presence of asbestos, most recent use— Coddington Park Status: Unutilized garage, off-site use only Newport Co: Newport RI 02841–1711 Comment: 800 sq. ft., needs rehab, possible Bldg. 418 Status: Unutilized asbestos/lead paint, most recent use— Property #: 77199830100 Comment: 1593 sq. ft., needs rehab, possible maint. shop, off-site use only Philadelphia Naval Shipyard asbestos/lead paint, most recent use— Bldg. 342 Philadelphia PA 19112– training/office, off-site use only Property #: 77199810259 Status: Excess Facility X Coddington Point Comment: 2578 sq. ft., needs repair, presence Property #: 77199810179 Naval Education & Training Center of asbestos, most recent use—quarters, off- Naval Education and Training Center Newport RI 02841–1711 site use only Coddington Park Status: Unutilized Bldg. 570 Newport Co: Newport RI 02841–1711 Comment: 646 sq. ft., presence of asbestos/ Property #: 77199830101 Status: Unutilized lead paint, most recent use— storage, off- Philadelphia Naval Shipyard Comment: 1593 sq. ft., needs rehab, possible site use only Philadelphia PA 19112– asbestos/lead paint, most recent use— Bldg. 340 Status: Unutilized office, off-site use only Property #: 77199810260 Comment: 9123 sq. ft., needs repair, presence Facility Y Coddington Point of asbestos, most recent use—tool room, Property #: 77199810180 Naval Education & Training Center off-site use only Naval Education and Training Center Newport RI 02841–1711 Bldg. 605 Coddington Park Status: Unutilized Property #: 77199830102 Newport Co: Newport RI 02841–1711 Comment: 96 sq. ft., needs repair, presence Philadelphia Naval Shipyard Status: Unutilized of asbestos/lead paint, most recent use— Philadelphia PA 19112– Comment: 1593 sq. ft., needs rehab, possible heating plant bldg., off-site use only Status: Excess asbestos/lead paint, most recent use— Bldg. 697 Comment: 1118 sq. ft., needs repair, presence admin., off-site use only of asbestos, most recent use—garage, off- Property #: 77199810262 site use only Facility 322 Coddington Cove Property #: 77199810181 Naval Education & Training Center Rhode Island Naval Education and Training Center Newport RI 02841–1711 Coddington Park Status: Unutilized Building Newport Co: Newport RI 02841–1711 Comment: 960 sq. ft., presence of asbestos/ Bldg. 69 Status: Unutilized lead paint, most recent use— self help Property #: 77199810052 Comment: 800 sq. ft., possible asbestos/lead shop, off-site use only Naval Education and Training Center paint, most recent use—maint. shop, off- Bldg. 696 Newport Co: Newport RI 02841– site use only Property #: 77199810263 Status: Unutilized Facility 323 Coddington Cove Comment: 600 sq. ft., concrete, presence of Property: #77199810182 Naval Education & Training Center asbestos, most recent use—storage, off-site Naval Education & Training Center Newport RI 02841–1711 use only Coddington Park Status: Unutilized Bldg. A33 Newport Co: Newport RI 02841–1711 Comment: 960 sq. ft., presence of asbestos/ Property #: 77199810083 Status: Unutilized lead paint, most recent use— elec/comm Navy Hospital Gate 5 Comment: 800 sq. ft., needs rehab, possible maint. shop, off-site use only Newport RI 02841– asbestos/lead paint, most recent use—. Bldg. 35 Status: Underutilized shop, off-site use only Property #: 77199810264 Comment: 1512 sq. ft., detached 5 stall Facility 324 Coddington Cove garage, needs repair, presence of asbestos, off-site use only Property #: 77199810183 Naval Education & Training Center Naval Education & Training Center Newport RI 02841–1711 Facility T Coddington Park Status: Unutilized Property #: 77199810175 Newport Co: Newport RI 02841–1711 Comment: 2880 sq. ft., needs repair, presence Naval Education and Training Center Status: Unutilized of asbestos/lead paint, most recent use— Coddington Park Comment: 800 sq. ft., needs rehab, possible auto storage, off-site use only Newport Co: Newport RI 02841–1711 asbestos/lead paint, most recent use— Status: Unutilized Bldg. 70 maint. shop, off-site use only Comment: 1610 sq. ft., needs rehab, possible Property #: 77199840018 asbestos/lead paint, most recent use— Facility 325 Naval Station, Newport office, off-site use only Property #: 77199810184 Middletown Co: Newport RI 02842– Facility U Naval Education & Training Center Status: Unutilized Property #: 77199810176 Coddington Park Comment: 1900 sq. ft., most recent use— Naval Education and Training Center Newport Co: Newport RI 02841–1711 storage, off-site use only Coddington Park Status: Unutilized Bldg. 111 Newport Co: Newport RI 02841–1711 Comment: 800 sq. ft., needs rehab, possible Property #: 77199840019 Status: Unutilized asbestos/lead paint, most recent use— Naval Station, Newport Comment: 1593 sq. ft., needs rehab, possible storage, off-site use only Middletown Co: Newport RI 02842– asbestos/lead paint, most recent use— Facility 326 Status: Unutilized maint. shop, off-site use only Property #: 771998101825 Comment: 560 sq. ft., most recent use— Facility V Naval Education & Training Center storage, off-site use only Property #: 77199810177 Coddington Park Facility 700 Naval Education and Training Center Newport Co: Newport RI 02841–1711 Property #: 77199840029 Coddington Park Status: Unutilized Naval Station Newport Co: Newport RI 02841–1711 Comment: 800 sq. ft., needs rehab, possible Newport RI 02841– Status: Unutilized asbestos/lead paint, most recent use— Status: Unutilized Comment: 1593 sq. ft., needs rehab, possible storage, off-site use only Comment: 6230 sq. ft., most recent use— asbestos/lead paint, most recent use— Facility 327 wastewater treatment plant, off-site use maint. shop, off-site use only Property #: 77199810186 only

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Facility 994 Norfolk Co: VA 23511– Eastpark Property #: 77199840030 Status: Excess 90 Magnuson Way Naval Station Comment: 4922 sq. ft., presence of asbestos/ Bremerton WA 98310– Newport RI 02841– lead paint, most recent use—lab, off-site Status: Excess Status: Unutilized use only Comment: 2160 sq. ft., needs rehab, presence Comment: 960 sq. ft., most recent use— Structure NH–203 of asbestos/lead paint, most recent use— storage, off-site use only Property #: 77199920150 storge, off-site use only Facility 449 Atlantic Fleet Hdgts. Admin. Building, Structure 001 Property #: 77199840031 Support Activity Property #:77199820123 Naval Station Norfolk Co: VA 23511– Naval Transient Family Accom. Newport RI 02841– Status: Excess Eastpark Status: Unutilized Comment: 1874 sq. ft., presence of asbestos/ 90 Magnuson Way Comment: 140 sq. ft., most recent use— lead paint, most recent use—maint. shop, Bremerton WA 98310– chlorination shed, off-site use only off-site use only Status: Excess Facility 1324 Structure NH–213 Comment: 9550 sq. ft., needs rehab, presence Property#: 77199840032 Property #: 77199920151 of asbestos/lead paint, most recent use— Naval Station Atlantic Fleet Hdgts. housing, off-site use only Newport RI 02841– Support Activity Status: Unutilized Norfolk Co: VA 23511– VA Comment: 107 sq. ft., most recent use— lift Status: Excess Alabama station controls shed, off-site use only Comment: 7840 sq. ft., presence of asbestos/ Land Bldg. 118 lead paint, most recent use—storage, off- Property #: 77199920065 site use only VA Medical Center (VAMC) Naval Undersea Warfare Property #: 97199010053 Center Washington Tuskegee Co: Macon AL 36083– Middletown Co: Newport RI 02841–1708 Building Status: Underutilized Status: Excess Comment: 40 acres, buffer to VA medical 149 Duplexes Comment: 1604 sq. ft., presence of asbestos/ Center, potential utilities, undeveloped. Property #: 771999820118 lead paint, most recent use—offices/ Naval Transient Family Accom. California storage, off-site use only Eastpark Land Bldg. 136 90 Magnuson Way Property #: 77199920066 Bremerton WA 98310– Land Naval Undersea Warfare Location: Structures 002–148, 150, 152–153, Property #: 97199240001 Center 157 4150 Clement Street Middletown Co: Newport RI 02841–1708 Status: Excess San Francisco Co: San Francisco CA 94121– Status: Excess Comment: 1286 sq. ft./1580 sq. ft., needs Status: Underutilized Comment: 882 sq. ft., presence of asbestos/ rehab, presence of asbestos/lead paint, Comment: 4 acres; landslide area. lead paint, most recent use—operations most recent use—housing, off-site use only office, off-site use only Indiana 9 Fourplexes Building Virginia Property #: 771999820119 Naval Transient Family Accom. Bldg. 105, VAMC Building Eastpark Property #: 97199230006 Bldg. SP–63A 90 Magnuson Way East 38th Street Property #: 77199910017 Bremerton WA 98310– Marion Co: Grant IN 46952– Naval Base Norfolk Location: Structures 151, 155–156, 158–163 Status: Excess Norfolk Co: VA 23511– Status: Excess Comment: 310 sq. ft., 1 story stone structure Status: Excess Comment: 3082 sq. ft./3192 sq. ft., needs no sanitary or heating facilities, Natl Comment: 480 sq. ft., needs rehab, presence rehab, presence of asbestos/lead paint, Register of Historic Places. of asbestos, most recent use—storage, off- most recent use—housing, off-site use only Bldg. 140, VAMC site use only 2 Sixplexes Property #: 97199230007 Bldg. SP–63 Property #: 77199820120 East 38th Street Property #: 77199910018 Naval Transient Family Accom. Marion Co: Grant IN 46952– Naval Base Norfolk Eastpark Status: Excess Norfolk Co: VA 23511– 90 Magnuson Way Comment: 60 sq. ft., concrete block bldg., Status: Excess Bremerton WA 98310– most recent use—trash house. Comment: 1632 sq. ft., presence of asbestos, Location: Structures 154, 189 Bldg. 7 off-site use only Status: Excess Property #: 97199810001 Bldg. MCE223 Comment: 4618 sq. ft., needs rehab, presence VA Northern Indiana Health Care System Property #: 77199910053 of asbestos/lead paint, most recent use— Marion Campus, 1700 East 38th Street Norfolk Co: VA 23511–2895 housing, off-site use only Marion Co: Grant IN 46953– Status: Excess 1 Single Unit Status: Underutilized Comment: 256 sq. ft., presence of asbestos, Property #: 77199820121 Comment: 16,864 sq. ft., presence of asbestos, most recent use—storage, off-site use only Naval Transient Family Accom. most recent use— psychiatric ward, Bldg. MCE221 Eastpark National Register of Historic Places. Property #: 77199910054 90 Magnuson Way Bldg. 10 Naval Station Norfolk Bremerton WA 98310– Property #: 97199810002 Norfolk Co: VA 23511–2895 Location: Structure 149 VA Northern Indiana Health Care System Status: Excess Status: Excess Marion Campus, 1700 East 38th Street Comment: 4000 sq. ft., presence of asbestos, Comment: 790 sq. ft., needs rehab, presence Marion Co: Grant IN 46953– most recent use—storage, off-site use only of asbestos/lead paint, most recent use— Status: Underutilized Structure NH–201 housing, off-site use only Comment: 16,361 sq. ft., presence of asbestos, Property #: 77199920149 Storage Building most recent use—psychiatric ward, Atlantic Fleet Hdgts. Property #: 77199820122 National Register of Historic places. Support Activity Navay Transient Family Accom. Bldg. 11

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Property #: 97199810003 Status: Underutilized Calumet Co: Keweenaw MI 49913– VA Northern Indiana Health Care System Comment: 13 acres, portion formerly landfill, Status: Excess Marion Campus, 1700 East 38th Street portion near flammable materials, railroad Reason: Renewal of lease. Marion Co: Grant IN 46953– crosses property, potential utilities. Bldg. 14 Status: Underutilized Wisconsin Property #: 18199010833 Comment: 16,361 sq. ft., presence of asbestos, Calumet Air Force Station most recent use—psychiatric ward, Building Calumet Co: Keweenaw MI 49913– National Register of Historic Places. Bldg. 8 Status: Excess Bldg. 18 Property #: 97199010056 Reason: Renewal of lease. Property #: 97199810004 VA Medical Center Bldg. 16 VA Northern Indiana Health Care System County Highway E Property #: 18199010834 Marion Campus, 1700 East 38th Street Tomah Co: Monroe WI 54660– Calumet Air Force Station Marion Co: Grant IN 46953– Status: Underutilized Calumet Co: Keweenaw MI 49913– Status: Underutilized Comment: 2200 sq. ft., 2 story wood frame, Status: Excess Comment: 13,802 sq. ft., presence of asbestos, possible asbestos, potential utilities, Reason: Renewal of lease. most recent use—psychiatric ward, structural deficiencies, needs rehab. Bldg. 15 National Register of Historic Places. Land Property #: 18199010864 Bldg. 25 Calumet Air Force Station VA Medical Center Property #: 97199810005 Calumet Co: Keweenaw MI 49913– Property #: 97199010054 VA Northern Indiana Health Care System Status: Excess County Highway E Marion Campus, 1700 East 38th Street Reason: Renewal of lease. Marion Co: Grant IN 46953– Tomah Co: Monroe WI 54660– Status: Unutilized Status: Underutilized Nebraska Comment: 32,892 sq. ft., presence of asbestos, Comment: 12.4 acres, serves as buffer most recent use—psychiatric ward, between center and private property, no Building National Register of Historic Places. utilities. Bldg. 64 SUITABLE AND UNAVAILABLE Property #: 18199720040 Iowa Offutt AFB Land AIR FORCE Silver Creek Co: Nance NE 68663– Status: Unutilized Colorado 40.66 acres Reason: Utilized. Property #: 97199740002 Building VA Medical Center Land Bldg. 9023 1515 West Pleasant St. Land/Offutt Comm. Annex No. 4 Property #: 18199730010 Knoxville Co: Marion IA 50138– Property #: 18199720041 U.S. Air Force Academy Status: Unutilized Silver Creek Co: Nance NE 68113– Colorado Springs Co: El Paso CO 80814–2400 Comment: Golf course, easement Status: Unutilized Status: Underutilized requirements. Reason: Asbestos in underground bunker. Reason: Utilized. Maryland Bldg. 9027 New Hampshire Land Property #: 18199730011 Building VA Medical Center U.S. Air Force Academy Colorado Springs Co: El Paso CO 80814–2400 Bldg. 127 Property #: 97199010020 Property #: 18199320057 9500 North Point Road Status: Underutilized Reason: Utilized. New Boston Air Force Station Fort Howard Co: Baltimore MD 21052– Amherst Co: Hillsborough NH 03031–1514 Status: Underutilized Idaho Status: Excess Comment: Approx. 10 acres, wetland and Building Reason: Ongoing installation mission periodically floods, most recent use— consideration. dump site for leaves. Bldg. 224 Property #: 18199840008 New Mexico Pennsylvania Mountain Home Air Force Co: Elmore ID Building Building 83648– 16 Bldgs., Type A Bldg. 25, VA Medical Center Status: Unutilized Reason: Extension of runway. Property #: 18199910013 Property #: 97199210001 Kirtland AFB Delafield Road Iowa Duplex Houses Pittsburgh Co: Allegheny PA 15215– Building Kirtland AFB Co: Bernalillo NM 87117–5000 Status: Unutilized Status: Unutilized Comment: 133 sq. ft., one story bick guard Bldg. 00627 Reason: Under demolition. house, needs rehab. Property #: 18199310001 12 Bldgs., Type B Bldg. 3, VAMC Siox Gateway Airport Property #: 18199910014 Property #: 97199230012 Siox City Co: Woodbury IA 51110– Kirtland AFB 1700 South Lincoln Avenue Status: Unutilized Duplex Houses Lebanon Co: Lebanon PA 17042– Reason: Will be transferred to Siox City. Kirkland AFB Co: Bernalillo NM 87117–5000 Status: Underutilized Bldg. 00669 Status: Unutilized Comment: Portion of bldg. (3850 and 4360 sq. Property #: 18199310002 Reason: Under demolition. ft.), most recent use—storage; second floor Siox Gateway Airport 15 Bldgs., Type C lacks elevator access. Siox City Co: Woodbury IA 51110– Property #: 18199910015 Status: Unutilized Texas Kirtland AFB Reason: Will be transferred to Siox City. Duplex Houses Land Michigan Kirtland AFB Co: Bernalillo NM 87117–5000 Land Status: Unutilized Property #: 97199010079 Building Reason: Under demolition. Olin E. Teague Veterans Center Bldg. 50 6 Bldgs., Type D 1901 South 1st Street Property #: 18199010790 Property #: 18199910016 Temple Co: Bell TX 76504– Calumet Air Force Station Kirtland AFB

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Duplex Houses Southport Co: Brunswick NC 28461–5000 Grand Chain Co: Pulaski IL 62941–9801 Kirtland AFB Co: Bernalillo NM 87717–5000 Status: Underutilized Status: Unutilized Status: Unutilized Reason: Contains well owned by Town; Reason: Project integrity and security; safety Reason: Under demolition. within an explosive buffer zone. liability. 9 Bldgs., Type E 10 Acre—Land Bldg. 4 Property #: 18199910017 Property #: 21199610729 Property #: 31199010004 Kirtland AFB Militry Ocean Terminal, Sunny Point Ohio River Locks & Dam No. 53 Single Units Southport Co: Brunswick NC 28461–5000 Grand Chain Co: Pulaski IL 62941–9801 Kirtland AFB Co: Bernalillo NM 87117–5000 Status: Underutilized Status: Unutilized Status: Unutilized Reason: Within an explosives buffer zone. Reason: Project integrity and security; safety Reason: Under demolition. 257 Acre—Land liability. 12 Bldgs. Property #: 21199610730 Bldg. 3 Property #: 18199940006 Military Ocean Terminal, Sunny Point Property #: 31199010005 Kirtland AFB Southport Co: Brunswick NC 28461–5000 Ohio River Locks & Dam No. 53 #862–867, 869, 870, 873–876 Status: Underutilized Grand Chain Co: Pulaski IL 62941–9801 Kirtland AFB Co: Bernalillo NM 87117–5000 Reason: Within an explosvies buffer zone. Status: Unutilized Status: Unutilized 24.83 acres—Tract of Land Reason: Project integrity and security; safety Reason: Under demolition. Property #: 21199620685 liability. Bldgs. 871, 872 Military Ocean Terminal, Sunny Point Bldg. 2 Property #: 18199940007 Southport Co: Brunswick NC 28461–5000 Property #: 31199010006 Kirtland AFB Status: Underutilized Ohio River Locks & Dam No. 53 Kirtland AFB Co: Bernalillo NM 87117–5000 Reason: Explosive Buffer Zone. Grand Chain Co: Pulaski IL 62941–9801 Status: Unutilized Status: Unutilized Reason: Under demolition. Texas Reason: Project integrity and security; safety Building liability. ARMY Bldg. P–2000, Fort Sam Houston Bldg. 1 Alaska Property #: 21199220389 Property #: 31199010007 Ohio River Locks & Dam No. 53 Building San Antonio Co: Bexar TX 78234–5000 Status: Underutilized Grand Chain Co: Pulaski IL 62941–9801 Bldg. 806 Reason: Area programmed for future use. Status: Unutilized Property #: 21199930115 Reason: Project integrity and security; safety Bldg. P–2001, Fort Sam Houston Fort Richardson liability. Ft. Richardson Co AK 99505– Property #: 21199220390 Status: Excess San Antonio Co: Bexar TX 78234–5000 Land Reason: Fully utilized. Status: Underutilized Lake Shelbyville Reason: Area programmed for future use. Property #: 31199240004 Georgia Land Shelbyville Co: Shelby & Moultrie IL 62565– 9804 Building Vacant Land, Fort Sam Houston Status: Unutilized Bldg. 4090 Property #: 21199220438 Reason: Disposal action initiated. Property #: 21199930007 All of Block 1800, Portions of Blocks 1900, Fort Benning 3100 and 3200 Kentucky Ft. Benning Co: Muscogee GA 31905– San Antonio Co: Bexar TX 78234–5000. Land Status: Underutilized Status: Unutilized Reason: Plan to utilize as a museum. Reason: Clean-up process. Portion of Tract 3300 Property #: 31199830002 Kansas COE Fishtrap Lake Building California Co: Pike KY 41548– Status: Excess Bldg. P–295 Building Reason: Encroachment. Property #: 21199810296 Fort Leavenworth Santa Fe Flood Control Basin Ohio Leavenworth Co: Leavenworth KS 66027– Property #: 31199011298 Status: Unutilized Irwindale Co: Los Angeles CA 91706– Building Reason: Reutilized. Status: Unutilized Bldg.—Berlin Lake Reason: Needed for contract personnel. Property #: 31199640001 New York Illinois 7400 Bedell Road Building Berlin Center Co: Mahoning OH 44401–9797 Buildings Status: Unutilized Bldg. T–2215 Reason: Utilized as construction office. Property #: 21199840161 Bldg.7 Fort Drum Property #: 31199010001 Oklahoma Co: Jefferson NY 13602– Ohio River Locks & Dam No. 53 Status: Unutilized Grand Chain Co: Pulaski IL 62941–9801 Land Reason: Reutilization. Status: Unutilized Land Bldg. T–2216 Reason: Project integrity and security; safety Property #: 31199820002 Property #: 21199840162 liability. Lake Texoma Fort Drum Bldg. 6 Texoma Co: Bryan OK Co: Jefferson NY 13602– Property #: 31199010002 Status: Excess Status: Unutilized Ohio River Locks & Dam No. 53 Reason: To be conveyed to Rural Sewer Reason: Reutilization. Grand Chain Co: Pulaski IL 62941–9801 District. North Carolina Status: Unutilized Pennsylvania Reason: Project integrity and security; safety Land liability. Building 92 Acre—Land Bldg. 5 Tract 353 Property #: 21199610728 Property #: 31199010003 Property #: 31199430019 Military Ocean Terminal, Sunny Point Ohio River Locks & Dam No. 53 Grays Landing Lock & Dam Project

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Greensboro Co: Greene PA 15338– Status: Excess Property #: 541999710003 Status: Unutilized Reason: Currently utilized by Navy. Anchorage Native Medical Center Reason: To be transferred to Borough. 255 Gambell St. Georgia Tract 403A Anchorage Co: Anchorage AK 99501– Property #: 31199430021 Land Status: Surplus GSA Number: 9–F–AK–750 Grays Landing Lock & Dam Project Land—St. Simons Boathouse Reason: City interest. Greensboro Co: Greene PA 15338– Property #: 87199540003 Status: Unutilized St. Simons Island Co: Glynn GA 31522–0577 1 Hospital Reason: To be transferred to Borough. Status: Unutilized Property #: 54199710004 Tract 403B Reason: Reversionary clause in deed. Anchorage Native Medical Center Property #: 31199430022 255 Gambell St. Grays Landing Lock & Dam Project Maine Anchorage Co: Anchorage AK 99501– Greensboro Co: Greene PA 15338– Building Status: Surplus Status: Unutilized GSA Number: 9–F–AK–750 Mount Desert Rock Light Reason: To be transferred to Borough. Reason: City interest. Property #: 87199240023 Tract 403C U.S. Coast Guard California Property #: 31199430023 Southwest Harbor Co: Hancock ME 04679– Building Grays Landing Lock & Dam Project Status: Unutilzied Greensboro Co: Greene PA 15338– Reason: No electrical service. 112 Bldgs.—Skaggs Island Status: Unutilized Little River Light Property #: 54199730001 Reason: To be transferred to Borough. Property #: 87199240026 Naval Security Group Tract 434 U.S. Cost Guard Skaggs Island Co: Sonoma CA Property #: 31199430024 Cutler Co: Washington ME GSA Number: 9–N–CA–1488 Grays Landing Lock & Dam Project Status: Unutilized Status: Excess Greensboro Co: Greene PA 15338– Reason: Well contamination. Reason: Public benefit interest. Status: Unutilized Burnt Island Light Marine Culture Laboratory Reason: To be transferred to Borough. Property #: 87199240027 Property #: 54199830011 Tract No. 224 U.S. Coast Guard Granite Canyon Property #: 31199440001 Southport Co: Lincoln ME 04576– 34500 Coast Highway Grays Landing Lock & Dam Project Status: Unutilized Monterey CA 93940– Greensboro Co: Green PA 15338– Reason: Under a historic lease. Status: Surplus Status: Unutilized GSA Number: 9–C–CA–1499 Reason: Disposal action initiated. Massachusetts Reason: Wildlife Conservation. Land Building Natl Weather Svc Station Property #: 54199840007 East Branch Clarion River Lake Keepers Dwelling Property #: 87199240024 Blue Canyon Airport Property #: 31199011012 Emigrant Gap CA 95715– Wilcox Co: Elk PA Cape Ann Light, Thachers Island U.S. Coast Guard Status: Surplus Status: Underutilized GSA Number: 9–C–CA–1521 Reason: Location near damsite. Rockport Co: Essex MA 01966– Status: Unutilized Reason: Advertised. Dashields Locks and Dam (Glenwillard, PA) Reason: Under a license agreement. Naval & Marine Corps Readiness Property #: 31199210009 Property #: 54199910005 Crescent Twp. Co: Allegheny PA 15046–0475 Assistant Keepers Dwelling Property #: 871992400025 1700 Stadium Way Status: Unutilized Los Angeles Co: Los Angeles CA 90012– Reason: Leased to Township. Cape Ann Light, Thachers Island U.S. Coast Guard Status: Excess Texas Rockport Co: Essex MA 01966– GSA Number: 9–N–CA–1523 Status: Unutilized Reason: Emergency Service pending. Land Reason: Under a license agreement. Eureka Federal Building Parcel #222 Property #: 54199930024 Property #: 31199010421 ENERGY 5th & H Streets Lake Texoma Idaho Eureka Co: CA 95501– Co: Grayson TX Status: Excess Status: Excess Building GSA Number: 9–G–CA–1529 Reason: Landfill to be investigated. Bldg. CFA–613 Reason: Federal need. Wisconsin Property #: 41199630001 Land Central Facilities Area Building Idaho National Engineering Lab Mira Loma Parcel Property #: 54199910007 Former Lockmaster’s Dwelling Scoville Co: Butte ID 83415– March Comm. Annex No. 2 Property #: 31199011526 Status: Unutilized Mira Loma Co: Riverside CA DePere Lock Reason: Historical issues. Status: Excess 100 James Street GSA GSA Number: 9–G–CA–1505 De Pere Co: Brown WI 54115– Reason: Advertised. Status: Unutilized Alaska Reclamation Unit LC–2, Par. B Reason: In negotiation for transfer to the Building State. Property #: 54199910008 10 Office Buildings Texas Ave/Old Lewiston Rd DOT Property #: 54199710002 Lewiston Co: Trinity CA Alaska Anchorage Native Medical Center Status: Excess 255 Gambell St. GSA Number: 9–I–CA–1509 Building Anchorage Co: Anchorage AK 99501– Reason: Advertised. Bldgs. 001A&B Status: Surplus Redding Reserve Site Property #: 87199720001 GSA Number: 9–F–AK–750 Property #: 54199920001 Spruce Cape Loran Station Reason: City interest. Redding Co: Shasta CA 96049– Kodiak Co: Kodiak Is. Bor. AK 99615– 3 Stoage Buildings Status: Unutilized

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GSA Number: 9–D–CA–1524 Maryland Status: Unutilized Reason: City interest. GSA Number: 1–D–NY–866 Building Reason: Advertised. Delaware Cheltenham Naval Comm. Dtchmt. Land Building Property #: 77199330010 9190 Commo Rd., AKA 77000 Galeville Army Training Site Unaccompanied Pers. Housing Redman Rd. Property #: 21199510128 Property #: 54199840009 Clinton Co: Prince George MD 20397–5520 Shawangunk Co: Ulster NY 12589– 800 Inlet Road Status: Excess Status: Excess Rehoboth Beach Co: Sussex DE 19971–2698 GSA Number: 4–N–MD–544A GSA Number: 2–D–NY–807 Status: Excess Reason: Public benefit interest. Reason: Park application. GSA Number: 4–U–DE–462 Reason: Park Interest. Michigan North Carolina Georgia Building Building Building Detroit Job Corps Center Federal Building Property #: 54199510002 Property #: 54199730022 Phil Landrum Federal Bldg. 10401 E. Jefferson & 1438 Garland; 146 North Main Street Property #: 54199810008 1265 St. Clair Rutherfordton Co: Rutherford NC 28139– 35 W. Church Street Detroit Co: Wayne MI 42128– Status: Excess Jasper Co: Pickens GA 30143– Status: Surplus GSA Number: 4–G–NC–727 Status: Surplus GSA Number: 2–L–MI–757 Reason: Homeless interest. GSA Number: 4–G–GA–854 Reason: Education application. Tarheel Army Missile Plant Reason: Public benefit interest. Parcel #1 Property #: 54199820002 Federal Building Property #: 54199730011 Burlington Co: Alamance NC 27215– Property #: 54199910014 Old Lifeboat Station Status: Excess 109 N. Main Street East Tawas Co: Iosco MI GSA Number: 4–D–NC–593 Lafayette Co: Walker GA 30728– Status: Excess Reason: Advertised. Status: Excess GSA Number: 1–UU–MI–500 Coinjock Station GSA Number: 4–G–GA–858 Reason: Advertised. Property #: 54199840010 Reason: Homeless interest. S. Haven Keeper’s Dwelling Canal Road Illinois Property #: 54199740012 Coinjock Co: Currituck NC 27293– 91 Michigan Ave. Status: Excess Building South Haven Co: Van Buren MI 49090– GSA Number: 4–U–NC–734 Reason: Homeless Interest. Radar Communication Link Status: Excess Property #: 54199820013 GSA Number: 1–U–MI–475C Bodie Island Lighttower 1⁄2 mi east of 116th St. Reason: Negotiated sale to City. Property #: 54199910003 Co: Will IL Cape Hatteras Status: Excess Land Nags Head Co: Dare NC 27959– GSA Number: 2–U–IL–696 Parcel 3, Parcel B Status: Excess Reason: negotiated sale. Property #: 54199730013 GSA Number: 4–U–NC–733 Reason: Expression of interest from National Natl Weather Svc. Meter. Obs. East Tawas Co: Iosco MI Park Service. Property #: 54199820014 Status: Excess Morris Blacktop Rd. GSA Number: 1–U–MI–500 Land Reason: Negotiated sale. Miller Township Co: LaSalle IL 61341– Greenville Relay Station Status: Excess Minnesota Property #: 54199840013 GSA Number: 1–C–IL–708 Site C Reason: homeless interest Building Greenville Co: Pitt NC Indiana Army Reserve Center Status: Excess Property #: 54199920007 GSA Number: 4–GR–NC–0721–B Building 620 Turill St. Reason: Education Interest. Le Sueur Co: MN 56058– Vincennes Federal Building Ohio Property #: 54199820015 Status: Excess 501 Busseron St. GSA Number: 1–D–MN–568 Building Vincennes Co: Knox IN 47591– Reason: Homeless interest. Zanesville Federal Building Status: Excess Mississippi Property #: 54199520018 GSA Number: 1–G–IN–592 65 North Fifth Street Reason: Historic Interest. Building Zanesville Co: Muskingum OH Former Army Reserve Center Federal Building Status: Excess Property #: 54199920003 Property #: 54199910004 GSA Number: 2–G–OH–781A White Oak Park 236 Sharkey Street Reason: Public benefit interest from County. LaPorte Co: LaPorte IN 00000– Clarksdale Co: Coahoma MS 38614– Oklahoma Status: Excess Status: Excess GSA Number: 1–GR(1)–IN–430E GSA Number: 4–G–MS–553 Building Reason: Advertised. Reason: Will be leased back to Federal Fed. Bldg./Courthouse tenants. Maine Property #: 54199820009 N. Washington & Broadway Streets New York Land Ardmore Co: Carter OK 73402– GWEN Site (Patten) Building Status: Excess Property #: 18199640018 Reserve Center GSA Number: 7–G–TX–559 Loring AFB Property #: 21199710239 Reason: Federal need. Stacyville Co: Herseytown ME 04742– Sgt. H. Grover H. O’Connor Oregon Status: Excess USARC GSA Number: 1–D–ME–630 303 N. Lackawanna Street Building Reason: Advertised. Wayland Co: Steuben NY 14572– Gus Solomon U.S. Courthouse

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Property #: 54199730023 Maryland Juana Diaz PR 00795– 620 SW Main Street Status: Underutilized Portland Co: Multnomah OR 97205– Building Reason: Department of Defense interest. Status: Underutilized Former Physioc Property GSA Number: 7–G–OR–724 Property #: 61199820005 Virginia Reason: Pending lease with County NPS Tract 402–29 Building government. Jugtown Co: Washington MD 21713– Status: Excess Naval Medical Clinic Puerto Rico Reason: Scheduled for demolition. Property #: 77199010109 6500 Hampton Blvd. Land Massachusetts Norfolk Co: Norfolk VA 23508– La Hueca—Naval Station Status: Unutilized Property #: 54199420006 Building Reason: Planned for expansion space. Roosevelt Roads Ziegler House Vieques PR 00765– Property #: 61199830001 Land Status: Excess National Park, Virginia Road Naval Base Reason: Federal interest. Lincoln Co: Middlesex MA 10773– Property #: 77199010156 Status: Unutilized Norfolk Co: Norfolk VA 23508– Texas Reason: Removal by FNP to eliminate Status: Unutilized Building damage to historic/natural rsc. Reason: Identified for use in developing admin. office space. Fairfield Federal Building Navy Property #: 54199920006 Land—CD area E. Main & Keechi St. Florida Property #: 77199830022 Naval Base Norfolk Fairfield Co: Freestone TX 75840–1556 Land Status: Excess Norfolk VA 23511–2797 13.358 acres GSA Number: 7–G–TX–1051 Status: Unutilized Property #: 77199820141 Reason: Correctional interest. Reason: outlease to Federal Credit Union. Naval Air Station Washington Hwy 98 & Perimeter Drive VA Pensacola Co: Escambia FL 32508– Indiana Building Status: Unutilized Vancouver Info Center Reason: Federal Aid Project. Building Interstate Rt 5 Bldg. 24, VAMC Property #: 541999740011 Maine Property #: 97199230005 Vancouver Co: Clark WA 98663– Building East 38th Street Status: Excess Bldg. 376, Naval Air Station Marion Co: Grant IN 46952– GSA Number: 9–GR–WA–514E Property #: 77199320011 Status: Underutilized Reason: Homeless interest. Topsham Annex Reason: Currently utilized 747 Building Complex Topsham Co: Sagadahoc ME Bldg. 122 805 Goethals Drive Status: Unutilized Property #: 97199810006 Property #: 54199820005 Reason: Federal need. VA Northern Indiana Health Care System Richland Co: Benton WA 99352– Bldg. 383 Marion Campus, 1700 East 38th Street Status: Surplus Property #: 77199720025 Marion Co: Grant IN 46953– GSA Number: 9–B–WA–1145 Topsham Annex, Naval Air Station Status: Unutilized Reason: Educational discount. Status: Unutilized Reason: Fully utilized by construction West Virginia Reason: Pending special legislation. contractor. Land Bldg. 382 Iowa Property #: 77199720026 Segment 8 Topsham Annex, Naval Air Station Land Property #: 54199910006 Brunswick ME 04011– 38 acres Matewan Redevelopment Site Status: Unutilized Property #: 97199740001 Matewan Co: Mingo WV Reason: Pending special legislation. VA Medical Center Status: Excess Bldg. 381 1515 West Pleasant St. GSA Number: 4–D–WV–533 Property 99720027 Knoxville Co: Marion IA 50138– Reason: Written expression of interest. Topsham Annex, Naval Air Station Status: Unutilized Wisconsin Property #: 77199720027 Reason: Enhanced-Use Legislation potential. Brunswick ME 04011– Michigan Building Status: Unutilized Wausau Federal Building Reason: Pending special legislation. Land Property #: 54199820016 VA Medical Center 317 First Street Ohio Property #: 97199010015 Wausau Co: Marathon WI 54401– Building 5500 Armstrong Road Status: Excess Naval & Marine Corps Res. Cntr Battle Creek Co: Calhoun MI 49016– GSA Number: 1–G–WI–593 Property #: 77199320012 Status: Underutilized Reason: Public Benefit Interest. 315 East LaClede Avenue Reason: Being used for patient and program Interior Youngstown OH activities. Status: Unutilized New York California Reason: Returning property to the city. Building Land Puerto Rico Visitor Motel—Upper Kaweah VA Medical Center Property #: 61199720007 Building Property #: 97199010017 Sequoia National Park Bldgs. 501 & 502 Fort Hill Avenue Three Rivers CA 93271– Property #: 77199530007 Canandaigua Co: Ontario NY 14424– Status: Unutilized U.S. Naval Radio Transmitter Facility Status: Underutilized Reason: Scheduled for demolition. State Road No. 2 Reason: Portion leased; portion landlocked.

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Pennsylvania Reason: Property is essential to security and Murfreesboro Co: Rutherford TN 37129– safety of patients. Status: Underutilized Land Land—34.16 acres Reason: Enhanced-Use lease agreement VA Medical Center Property #: 97199340001 pending. Property #: 97199010016 VA Medical Center Wisconsin New Castle Road 1400 Black Horse Hill Road Butler Co: Butler PA 16001– Coatesville Co: Chester PA 19320– Building Status: Underutilized Status: Underutilized Bldg. 2 Reason: Needed for mission related Reason: Used as natural drainage for facility Property #: 97199830002 functions. property. VA Medical Center Land No. 645 Tennessee 5000 West National Ave. Milwaukee WI 53295– Property #: 97199010080 Land Status: Underutilized VA Medical Center 44 acres Reason: Subject of leasing negotiations. Highland Drive Property #: 97199740003 Pittsburgh Co: Allegheny PA 15206– VA Medical Center [FR Doc. 00–2892 Filed 2–10–00; 8:45 am] Status: Unutilized 3400 Lebanon Rd. BILLING CODE 4210±29±M

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Part III

Department of Labor Pension and Welfare Benefits Administration

29 CFR Parts 2520, 2560, and 2570 Reporting by Multiple Employer Welfare Arrangements and Certain Other Entities That Offer or Provide Coverage for Medical Care to the Employees of Two or More Employers; Interim Final Rule The Assessment of Civil Penalties Under Section 502(c)(5) of ERISA; Interim Final Rule Governing Procedures for Administrative Hearings Regarding the Assessment of Civil Penalties Under Section 502(c)(5) of ERISA; Interim Final Rule

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DEPARTMENT OF LABOR FOR FURTHER INFORMATION CONTACT: the Secretary [of Labor] may, by regulation, Amy J. Turner, Pension and Welfare require multiple employer welfare Pension and Welfare Benefits Benefits Administration, U.S. arrangements providing benefits consisting Administration of medical care (within the meaning of Department of Labor, Room C–5331, 200 section 733(a)(2)) 3 which are not group Constitution Avenue, NW., Washington, health plans 4 to report, not more frequently 29 CFR Part 2520 DC 20210 (telephone (202) 219–7006). than annually, in such form and such manner RIN 1210±AA54 This is not a toll-free number. as the Secretary may require for the purpose SUPPLEMENTARY INFORMATION: of determining the extent to which the Interim Final Rule for Reporting by requirements of part 7 are being carried out Multiple Employer Welfare A. Background in connection with such benefits. (Emphasis added.) Arrangements and Certain Other The Health Insurance Portability and Entities That Offer or Provide Accountability Act of 1996 (Pub. L. The term multiple employer welfare Coverage for Medical Care to the 104–191) (HIPAA), was enacted on arrangement is defined in section 3(40) Employees of Two or More Employers August 21, 1996. HIPAA amended the of ERISA to mean, in pertinent part: Employee Retirement Income Security (A) * * * an employee welfare benefit AGENCY: Pension and Welfare Benefits Act of 1974 (ERISA or the Act) to plan, or any other arrangement (other than an Administration, Department of Labor. provide for, among other things, employee welfare benefit plan), which is ACTION: Interim final rule with request improved portability and continuity of established or maintained for the purpose of for comments. health insurance coverage. The Mental offering or providing [welfare plan benefits] to the employees of two or more employers Health Parity Act of 1996 (Pub. L. 104– SUMMARY: This document contains an (including one or more self-employed 204) (MHPA), was enacted on interim final rule governing certain individuals), or to their beneficiaries, except September 26, 1996. MHPA amended reporting requirements under Title I of that such term does not include any such ERISA to provide parity in the plan or other arrangement which is the Employee Retirement Income application of annual and lifetime dollar established or maintained— Security Act of 1974 for multiple limits for certain mental health benefits (i) Under or pursuant to one or more employer welfare arrangements with such dollar limits on medical and agreements which the Secretary [of Labor] (MEWAs) and certain other entities that finds to be collective bargaining agreements, surgical benefits. The Newborns’ and offer or provide coverage for medical (ii) By a rural electric cooperative, or Mothers’ Health Protection Act of 1996 care to the employees of two or more (iii) By a rural telephone cooperative (Pub. L. 104–204) (Newborns’ Act) also employers. The interim final rule association. was enacted on September 26, 1996. (B) For purposes of this paragraph— requires the administrator of a MEWA, The Newborns’ Act amended ERISA to (i) two or more trades or businesses, or other entity, to file a form with the provide new protections for mothers whether or not incorporated, shall be deemed Secretary of Labor for the purpose of and their newborn children with regard a single employer if such trades or businesses determining whether the requirements are within the same control group, to the length of hospital stays in of certain recent health care laws are (ii) the term ‘‘control group’’ means a group connection with childbirth. The being met. of trades or businesses under common Women’s Health and Cancer Rights Act control, DATES: Effective Date: This interim final of 1998 (WHCRA) (Pub. L. 105–277) was (iii) the determination of whether a trade rule is effective beginning April 11, enacted on October 21, 1998. WHCRA or business is under ‘‘common control’’ with 2000. amended ERISA to provide individuals another trade or business shall be determined Comment Date: Written comments new rights for reconstructive surgery in under regulations of the Secretary applying concerning this interim rule are invited connection with a mastectomy. All of principles similar to the principles applied in and must be received by the Department the foregoing provisions are set forth in 3 of Labor on or before March 13, 2000. 1 Section 733(a)(2) of ERISA defines medical care Part 7 of Subtitle B of Title I of ERISA. to mean: Compliance Dates: Compliance dates Section 734 of ERISA authorizes the are set forth in paragraph (i) of this ‘‘amounts paid for— Secretary to promulgate regulations as (A) The diagnosis, cure, mitigation, treatment, or section. In general, this paragraph states may be necessary or appropriate to carry prevention of disease, or amounts paid for the that reports filed pursuant to this out the provisions of Part 7 and to purpose of affecting any structure or function of the interim rule are first due by May 1, promulgate any interim final rules as body, 2000. (B) Amounts paid for transportation primarily for the Secretary determines are appropriate and essential to medical care referred to in ADDRESSES: Interested persons are to carry out Part 7. subparagraph (A), and invited to submit written comments HIPAA added a new section 101(g){h} (C) Amounts paid for insurance covering medical (preferably with three copies) to: to ERISA.2 This section provides that: care referred to in subparagraphs (A) and (B).’’ 4 Section 733(a) of ERISA defines a group health Pension and Welfare Benefits plan to mean ‘‘an employee welfare benefit plan to 1 Administration, Room C–5331, U.S. Parallel HIPAA, MHPA, and Newborns’ Act the extent that the plan provides medical care Department of Labor, 200 Constitution provisions are also contained in Chapter 100 of * * * to employees or their dependents * * * Subtitle K of the Internal Revenue Code (Code) and Avenue, NW., Washington, DC 20210. directly or through insurance, reimbursement, or Title XXVII of the Public Health Service Act (PHS otherwise.’’ (Emphasis added.) Attention: MEWA reporting. Written Act). In addition, parallel WHCRA provisions are Section 3(1) of ERISA defines an employee also contained in the PHS Act. Accordingly, all comments may also be sent by Internet welfare benefit plan to mean, in pertinent part: to the following address: references to ‘‘Part 7’’ in this document include the relevant parallel provisions of the Code and the Any plan, fund, or program * * * established or [email protected]. PHS Act, unless otherwise specified. maintained by an employer or by an employee All submissions will be open to organization, or by both, to the extent that such 2 Section 1421(d)(1) of the Small Business Job plan, fund, or program was established or is public inspection and copying from 8:30 Protection Act of 1996 (Pub. L. 104–188) created a maintained for the purpose of providing for its a.m. to 4:30 p.m. in the Public new section 101(g) of ERISA relating to Simple participants or their beneficiaries, through the Documents Room, Pension and Welfare Retirement Accounts. Subsequently, section purchase of insurance or otherwise, * * * medical, Benefits Administration, U.S. 101(e)(1) of HIPAA also created a new section surgical, or hospital care or benefits, or benefits in 101(g) of ERISA relating to MEWA reporting. the event of sickness, accident, disability, death or Department of Labor, Room N–5638, Accordingly, when referring to section 101(g) of unemployment, or vacation benefits, apprenticeship 200 Constitution Avenue, NW., ERISA relating to MEWA reporting, this document or other training programs, or day care centers, Washington, DC 20210. cites section 101(g){h} of ERISA. scholarship funds, or prepaid legal services. * * *’’

VerDate 272000 19:46 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\11FER2.SGM pfrm04 PsN: 11FER2 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations 7153 determining whether employees of two or to be group health plans, has been MEWA or ECE is operated. However, if more trades or businesses are treated as inconsistent. At the same time, in recent an administrator is not designated and employed by a single employer under section years MEWAs have become more the MEWA or ECE is a group health 4001(b), except that, for purposes of this attractive to small employers as a means plan, the plan sponsor 6 is the paragraph, common control shall not be administrator. Moreover, if an based on an interest of less than 25 percent. to pool risks and obtain health benefits ***5 at a lower cost. The Department seeks to administrator is not designated and a determine the extent of compliance with plan sponsor cannot be identified, the The purpose of this regulation is to the requirements of Part 7 by this administrator is the person or persons provide the Department with important sector of the employee health actually responsible (whether or not so information concerning compliance by benefits market. designated under the terms of the MEWAs with the requirements of Part 7. The Department recognizes that instrument under which the MEWA or In determining how best to obtain this multiemployer plans established by an ECE is operated) for the control, information, the Department considered association of employers and one or disposition, or management of the cash a number of alternatives, including more labor organizations are structurally or property received by or contributed requiring reporting only by MEWAs that and operationally different from most to the MEWA or ECE, irrespective of are not ERISA-covered group health MEWAs. The Department does not seek whether such control, disposition, or { } plans as described in section 101(g) h reporting by such plans except to the management is exercised directly by of ERISA. For a number of reasons, extent appropriate to assure that all such person or persons or indirectly explained more fully in the Economic MEWAs file a report. The Department is through an agent or trustee designated Analysis section of this document, the aware that administrators of some by such person or persons.7 Department determined that it was MEWAs have sought to avoid State The term ‘‘entity claiming exception’’ necessary to exercise various other insurance regulation by or ‘‘ECE’’ is defined as an entity that regulatory authority in Title I of ERISA mischaracterizing their arrangements as claims it is not a MEWA due to the (see ‘‘Statutory Authority’’ section, being established or maintained exception in section 3(40)(A)(i) of the below) to require annual reports from pursuant to collective bargaining Act. In general, this exception is for MEWAs that are group health plans and agreements. In many cases, such entities that are established or from entities that claim not to be mischaracterized entities are not maintained under or pursuant to one or MEWAs because they are established or operated in a financially responsible more agreements that the Secretary maintained pursuant to a collective manner and become unable to pay finds to be collective bargaining bargaining agreement. An important benefits within a short time. See GAO/ agreements. In connection with this reason for requiring these groups to file HRD–92–40. Therefore, in order to exception, on August 1, 1995, the is that the administrator of a MEWA obtain information on all entities that Department published a proposed rule may incorrectly determine that it is a are MEWAs, the Department has for plans established or maintained group health plan or that it is determined that it is appropriate to pursuant to collective bargaining established or maintained pursuant to a require reporting by entities that claim agreements under section 3(40)(A)(i) of collective bargaining agreement. A the collective bargaining exception ERISA. 60 FR 39208. Subsequently, in reporting requirement limited only to unless the entity has been in existence September of 1998, the Secretary MEWAs that are not group health plans for at least three years. established the ERISA Section 3(40) may not result in reporting by many Negotiated Rulemaking Advisory such MEWAs, thus greatly reducing the B. Overview of the Interim Rule Committee. See 63 FR 50542. This value of the data collected. Basis and Scope Committee has negotiated a proposed The Department also believes that rule establishing a process and criteria imposition of the reporting Paragraph (a) of the interim rule sets for a finding by the Secretary of Labor requirements on MEWAs that are group forth the basis and scope for this annual that an agreement is a collective health plans is appropriate to carry out reporting requirement for MEWAs and bargaining agreement for purposes of the provisions of Part 7 because such certain other entities (referred to as section 3(40)(A)(i) of ERISA. Upon reporting will provide more complete Entities Claiming Exception or ECEs) issuance of a final regulation relating to data on the MEWA universe. Such that offer or provide coverage for ERISA section 3(40)(A)(i), this additional data will support a thorough medical care to the employees of two or regulation may be modified to reflect analysis of the market segment more employers (including one or more the scope of this exception. represented by MEWAs. Information self-employed individuals). Finally, the term ‘‘origination’’ is regarding compliance by MEWAs with Definitions defined to mean the occurrence of any the provisions of Part 7 is particularly Paragraph (b) of the interim rule important to the Department because it 6 The term plan sponsor is defined under section provides most of the definitions used in has been the Department’s experience 3(16)(B) of ERISA as: the interim rule. This definitions section that compliance with ERISA by such (i) The employer in the case of an employee includes both statutory definitions benefit plan established or maintained by a single arrangements, whether or not they claim provided in ERISA, as amended by employer, (ii) the employee organization in the case of a plan established or maintained by an employee 5 This provision was added to ERISA by the HIPAA, as well as certain other organization, or (iii) in the case of a plan Multiple Employer Welfare Arrangement Act of definitions used in the regulations. In established or maintained by two or more 1983, Sec. 302(b), Pub. L. 97–473, 96 Stat. 2611, particular, the terms ‘‘group health employers or jointly by one or more employers and 2612 (29 U.S.C. 1002(40)), which also amended plan,’’ ‘‘health insurance issuer,’’ one or more employee organizations, the section 514(b) of ERISA. Section 514(a) of ERISA association, committee, joint board of trustees, or provides that State laws that relate to employee ‘‘medical care,’’ and ‘‘MEWA’’ are other similar group of representatives of the parties benefit plans are generally preempted by ERISA. defined by reference to existing who establish or maintain the plan. Section 514(b) sets forth several exceptions to the statutory and regulatory provisions. In 7 In these circumstances, the Department has general rule of section 514(a) and subjects employee addition, the term ‘‘administrator’’ is previously expressed its view that the person or benefit plans that are MEWAs to various levels of persons with such responsibility is the State regulation depending on whether the MEWA defined as the person specifically administrator for purposes of section 3(16) of is fully insured. Sec. 302(b), Pub. L. 97–473, 96 Stat. designated as the administrator by the ERISA. See Advisory Opinion Letter 83–43 to 2611, 2613 (29 U.S.C. 1144(b)(6)). terms of the instrument under which the Robert J. Tanguay, August 23, 1983.

VerDate 272000 19:46 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\11FER2.SGM pfrm04 PsN: 11FER2 7154 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations of the following events (and a MEWA or rule is to be construed to require Form M–1.8 The substance of this form ECE will be considered to have been reporting by the administrator of a is published at the end of this ‘‘originated’’ when any of these events MEWA or ECE if the MEWA or ECE is document. occur): licensed or authorized to operate as a Also under paragraph (d), the (1) The MEWA or ECE first begins health insurance issuer in every State in Secretary may reject any filing that the offering or providing coverage for which it offers or provides coverage for Secretary determines to be incomplete, medical care to the employees of two or medical care to employees. in accordance with § 2560.502c–5 more employers (including one or more Accordingly, subject to the exception (published separately in this issue of the self-employed individuals); described above for health insurance Federal Register). If the Secretary rejects (2) The MEWA or ECE begins offering issuers, the administrator of a MEWA is a filing as incomplete and if the or providing coverage for medical care required to file annually. By contrast, administrator fails to submit a revised to the employees of two or more the administrator of an ECE is only filing within 45 days of the rejection, employers (including one or more self- required to file annually for the first paragraph (c) provides that the employed individuals) after a merger three years following an origination. administrator may be subject to a civil with another MEWA or ECE (unless all Under the interim rule, whether or not action for legal and equitable relief, MEWAs or ECEs participating in the an entity is a MEWA or ECE is including civil penalties of up to $1,000 merger were last originated at least 3 determined by the administrator acting per day under section 502(c)(5) of years before the merger); or in good faith. Therefore, if an ERISA as amended by HIPAA. (See (3) The number of employees administrator makes a good faith § 2560.502c–5, published separately in receiving coverage for medical care determination at the time that a filing this issue of the Federal Register for under the MEWA or ECE is at least 50 would otherwise be due that the entity interim rules governing the assessment percent greater than the number of such is maintained pursuant to one or more of civil penalties under section 502(c)(5) employees on the last day of the collective bargaining agreements, the of ERISA.) previous calendar year (unless such entity is an ECE, and the ECE would not increase is due to a merger with another be required to file because its most Timing MEWA or ECE and all MEWAs and recent origination was more than three Paragraph (e) of the interim rule ECEs that participated in the merger years ago, then a filing is not required. describes the timing rules applicable to were last originated at least three years Even if the entity is later determined to a filing. Generally, a ‘‘year to be before the merger). be a MEWA (for example, pursuant to reported’’ is any calendar year in which Whether a merger triggering a filing regulations developed by the ERISA the entity offered coverage. For an occurs is determined based on all the Section 3(40) Negotiated Rulemaking annual filing, the Form M–1 is generally relevant facts and circumstances. Advisory Committee), filings would not required to be filed by the March 1 However, in general, the addition of a be required prior to the determination following any ‘‘year to be reported’’ new contributing employer to a MEWA that the entity is a MEWA if at the time (unless March 1 is a Saturday, Sunday, or ECE would not constitute a merger the filings were due, the administrator or federal holiday, in which case the that would trigger a filing. In addition, made a good faith determination that form must be filed no later than the next generally no merger triggering a filing the entity was an ECE. However, filings business day). For the year 1999 ‘‘year occurs when participants represented by would be required for years after the to be reported,’’ however, a transition a local union that joins an existing determination that the entity is a rule makes clear that a completed copy MEWA or ECE begin receiving coverage MEWA. of the Form M–1 is required to be filed under the MEWA or ECE. This interim rule further provides no later than May 1, 2000. that, while an administrator’s good faith Persons Required To Report There is, under paragraph (e)(2)(iii), determination that an entity is an ECE an additional, special filing requirement Paragraph (c) of the interim rule sets may eliminate the requirement that the when a MEWA or ECE is originated. forth the persons required to report administrator of the entity file under Under this special rule, in general, the under the interim rule. First, the this section for more than three years administrator of a newly originated administrator of a MEWA that provides after the entity’s origination date, the MEWA or ECE is required to file a benefits consisting of medical care is administrator’s determination, completed copy of a Form M–1 within required to report, whether or not the nonetheless, does not affect the 90 days of the origination date (unless MEWA is a group health plan. For the applicability of State law to the entity. 90 days after the origination date is a reasons discussed above, the Accordingly, incorrectly claiming the Saturday, Sunday, or federal holiday, in Department determined that it was exception may eliminate the need to file which case the form must be filed no necessary and appropriate to exercise under this section, if the exception is later than the next business day). (This various other regulatory authority in claimed in good faith. However, the report is referred to as a 90-Day Title I of ERISA (see Statutory claiming of the exception for ECEs Origination Report.) However, this Authority, below) to require all MEWAs under this filing requirement does not special rule does not apply if the to report, regardless of whether they are preclude States from applying State law origination occurred between October 1 group health plans. In addition, the to an entity that is later determined to and December 31. Thus, for example, if administrator of an ECE is required to be a MEWA. This is because the filing, a MEWA is originated on November 1, file if the ECE was originated at any or the failure to file, under this section 2000, the administrator of the MEWA is time within 3 years before the annual does not in any way affect the not required to file an origination report filing due date. (This due date is application of State law to a MEWA. described in paragraph (e)(2)(i) of the in February of 2001. Instead, in the year interim rule). Information To Be Reported. 2001, the administrator is required to However, because a health insurance Paragraph (d) of the interim rule issuer, such as an insurance company, describes the information required to be 8 Section 505 of ERISA authorizes the Secretary to ‘‘prescribe such regulations as he finds necessary fits within the statutory definition of a filed under this interim rule. or appropriate to carry out the provisions of [Title MEWA, paragraph (c)(2) of the interim Specifically, the administrator is I of ERISA]. Among other things, such regulations rule clarifies that nothing in the interim required to file a completed copy of the may * * * prescribe forms ***’’

VerDate 272000 19:46 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\11FER2.SGM pfrm04 PsN: 11FER2 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations 7155 file only the annual report due March 1, that provided coverage in calendar year any necessary modifications to the 2001. 1999.) However, no 90-Day Origination reporting requirement when the In addition, the interim rule provides Reports (described in paragraph (e)(2)(ii) regulation is issued in final. that no 90-day origination reports are of this section) are due before May 1, The Secretary believes that the required before May 1, 2000. Therefore, 2000. Therefore, for an entity that is purpose of the MEWA reporting for an entity that is originated, for originated, for example, on January 1, requirement will be best served if these example, on January 1, 2000, no 90-day 2000, no 90-day origination report is rules are made effective as quickly as origination report is required. required. Nonetheless, for an entity possible, now that the regulated Nonetheless, for an entity originated, for originated, for example, on April 1, community has had time to familiarize example, on April 1, 2000, a 90-day 2000, a 90-day origination report is itself with part 7 and the substantive origination report is required to be required to be completed and filed no interim regulations. Registration of completed and filed no later than June later than June 30, 2000. MEWAs was first recommended in a 1992 Government Accounting Office 30, 2000. C. Interim Rule with Request for In any event, under paragraph Report (GAO/HRD–92–40). The Comments (e)(2)(iv), an extension may be granted problems pointed out in that report for filing reports if the administrator The principal purpose of these continue to this day. To date, the complies with the extension procedure regulations is to determine the extent of Department has initiated approximately prescribed in the Instructions to the compliance by MEWAs with part 7 of 358 civil and 70 criminal investigations Form M–1. ERISA. ERISA Section 734 authorizes (with 45 criminal convictions) affecting the Secretary to issue ‘‘any interim final over 1.2 million participants and Filing Address rules as the Secretary deems are beneficiaries and involving over $83.6 Paragraph (f) provides that the appropriate to carry out the provisions million in unpaid claims. During each address to be used for filings is set forth of [Part 7].’’ Thus, the authority in of the past 3 years, the Department has in the Instructions to the Form M–1. ERISA section 734 to issue interim had an average of about 100 MEWA regulations applies to this rule. As cases under active investigation. Thus, Civil Penalties and Procedures; explained below, the Secretary has the identification of problem MEWAs Transition Rule Creating Good Faith determined that this regulation should and correction of violations remains an Safe Harbor Period be issued as an interim final rule with important investigative priority and Paragraph (g) contains a cross- requests for comments. consumes substantial resources. reference for civil penalties and Part 7 was enacted as part of the Obtaining reimbursement for such procedures. The penalty and procedure Health Insurance Portability and losses is the greatest challenge the regulations are being published Accountability Act of 1996. To Department faces in pursuing these separately in this issue of the Federal implement certain requirements of part cases. Too often, when the Department Register.9 These regulations, and the 7, the Secretary promulgated interim discovers an unsound MEWA, it has instructions to the Form M–1 (also being final regulations in April, 1997. During already failed and there is no money to published at the end of this document, the period following promulgation of cover the participants’ unpaid medical make clear that the Department does not the April, 1997 regulations, the claims. In such cases discovered by the intend to assess penalties in cases where Department carried out an extensive Department, where there has been a there has been a good faith effort to educational campaign to assist all failure to pay claims, over 90% of the comply with a filing due in the year sectors of the regulated community to claims are likely to remain unpaid, 2000. During this first year in particular, learn to apply the new requirements and unless the Department is able to the Department is focused on educating received numerous comments on these intervene at an early stage of the administrators about this filing regulations. problem. When the MEWA becomes requirement and is committed to The Department decided not to unable to pay the health benefits it has working with them to help them promulgate the instant regulations promised, employees, employers and comply. In this regard, the Department during this period of adapting to the health care providers may suffer serious has developed filers’ guides which may new requirements. Now that the financial losses. The reporting be helpful in filing the Form M–1. These regulated community has had more than requirements of these interim filers’ guides will be made available on two years to become familiar with the regulations are designed to allow earlier the Pension and Welfare Benefits part 7 requirements, it is now detection of unsound MEWAs and will Administration’s website at appropriate, in the Secretary’s view, that reduce the risk of financial harm to www.dol.gov/dol/pwba and through the instant regulations become effective, these parties. their toll-free publication hotline at 1– on an interim basis, as quickly as possible. Economic Analysis Under Executive 800–998–7542. Also, the Pension and Order 12866 Welfare Benefits Administration’s help The Secretary believes that a period of desk (202–219–8818) is available in case interim effectiveness will provide a Under Executive Order 12866, the administrators have questions or if they sound basis for developing a final rule. Department must determine whether a need any assistance in completing the The Department is seeking comments regulatory action is ‘‘significant’’ and Form M–1. from all those affected by these therefore subject to the requirements of regulations and the Department will the Executive Order and subject to Compliance Dates consider such comments, and will review by the Office of Management and Paragraph (i) provides that reports reevaluate these regulations following Budget (OMB). Under section 3(f) of the filed pursuant to this reporting the comment period in the same way Executive Order, a ‘‘significant requirement are first due by May 1, that it would if the regulation had been regulatory action’’ is an action that is 2000. (Therefore, on May 1, 2000, filings published as a non-final proposal. Based likely to result in a rule (1) having an are due with respect to MEWAs or ECEs on such comments and other annual effect on the economy of $100 information obtained through the million or more, or adversely and 9 Moreover, other relevant criminal penalties may operation of this interim reporting materially affecting a sector of the apply. See, e.g., 18 U.S.C. 1021 and 1035. requirement, the Department will make economy, productivity, competition,

VerDate 272000 19:46 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\11FER2.SGM pfrm04 PsN: 11FER2 7156 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations jobs, the environment, public health or in part to the interaction of federal and Paperwork Reduction Act safety, or State, local or tribal State requirements, their compliance The Department of Labor, as part of its governments or communities (also with the various requirements which continuing effort to reduce paperwork referred to as ‘‘economically apply to them has been shown to be and respondent burden, conducts a significant’’); (2) creating serious inconsistent. Although the provisions of preclearance consultation program to inconsistency or otherwise interfering Title I and IV of ERISA generally provide the general public and Federal with an action taken or planned by supercede State laws that relate to agencies with an opportunity to another agency; (3) materially altering employee benefit plans, the regulation comment on proposed and continuing the budgetary impacts of entitlement of MEWAs is a joint federal and State collections of information in accordance grants, user fees, or loan programs or the responsibility pursuant to ERISA with the Paperwork Reduction Act of rights and obligations of recipients section 514(b)(6). Section 514(b)(6) of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)). thereof; or (4) raising novel legal or ERISA provides, among other things, This helps to ensure that requested data policy issues arising out of legal that State laws that regulate insurance can be provided in the desired format, mandates, the President’s priorities, or may apply to fully insured MEWAs to reporting burden (time and financial the principles set forth in the Executive the extent that these laws establish resources) is minimized, collection Order. OMB has determined that this rating, solvency, and similar standards, instruments are clearly understood, and action is significant under section 3(f)(4) and to other MEWAs to the extent that the impact of collection requirements on because it raises novel legal or policy State insurance laws are not respondents can be properly assessed. issues arising from the President’s inconsistent with Sections 1 through Currently, the Pension and Welfare priorities. 513 of ERISA. Knowledge of both Benefits Administration is soliciting The total cost of this interim final rule federal and State requirements is is estimated at $437,000 per year, or an comments concerning the information therefore needed for an arrangement to collection request (ICR) included in this average of approximately $163 for each make an appropriate determination of the 2,678 entities expected to be interim final rule, which would require concerning the requirements that apply reporting by MEWAs and certain other required to file the annual reporting to it. form for MEWAs. HIPAA amended entities on a prescribed form. { } Because State insurance statutes are Respondents are not required to comply ERISA to add section 101(g) h , which not uniform, an arrangement doing authorizes the Secretary of Labor to with the ICR incorporated in the form business in more than one State may be unless it displays a currently valid OMB require reporting by MEWAs which are required to comply with a range of not group health plans for the purpose control number. A copy of the ICR may States’ varying requirements. Other legal of determining the extent of their be obtained by contacting the office of and factual issues, such as whether an compliance with Part 7 of ERISA. The the Pension and Welfare Benefits entity is established pursuant to a principal intent of Congress in enacting Administration listed below. collective bargaining agreement or this provision was to ensure that all The Department has submitted the whether an arrangement for a staff participants and beneficiaries of such ICR included in this interim final rule, leasing organization is maintained by arrangements receive the new health using emergency review procedures, to more than one employer, may care protections incorporated into OMB for review and clearance in contribute to uncertainty about ERISA by HIPAA, MHPA, the accordance with PRA 95. OMB approval applicability of regulatory requirements. Newborns’ Act, and WHCRA. has been requested by February 28, The reporting requirement Identification of these entities and 2000. The Department and OMB are implemented by this interim final rule determination of the applicability of particularly interested in comments provides the most cost effective means State insurance law through this that: of facilitating compliance with Part 7, as reporting requirement will help ensure • Evaluate whether the proposed well as with the full range of other that administrators of these collection of information is necessary federal and State requirements that may arrangements are aware of the for the proper performance of the apply to MEWAs under ERISA, the requirements that apply, and that the functions of the agency, including Internal Revenue Code, the Public protections intended to be provided whether the information will have Health Service Act, and State insurance under federal and State laws are practical utility; statutes. The data collected as a result actually implemented for the benefit of • Evaluate the accuracy of the of the filing requirement will serve as employers and participants who obtain agency’s estimate of the burden of the the only source of uniform and their group health coverage through proposed collection of information, complete information identifying these these arrangements. including the validity of the arrangements that will allow federal and Substantial ancillary benefits are methodology and assumptions used; State regulators to evaluate their expected to result from the public • Enhance the quality, utility, and compliance with all applicable disclosure of this data. Participants with clarity of the information to be requirements. Evaluations of greater access to information about the collected; and compliance based on the information arrangements through which they obtain • Minimize the burden of the reported will be significantly more cost group health coverage may better collection of information on those who effective for both governmental entities exercise their rights in the event of a are to respond, including through the and MEWAs than the alternative of dispute with the arrangement. The data use of appropriate automated, active intervention by compliance collected will also enhance the electronic, mechanical, or other examiners. capability to conduct analysis of the technological collection techniques or Increased compliance by these market segment represented by MEWAs, other forms of information technology, arrangements will be beneficial to which will be useful to policy makers in e.g., permitting electronic submission of participants and beneficiaries who are evaluating the role of these entities in responses. able to fully realize their rights under providing employment-based health Comments regarding the ICR should these new laws. A greater assurance of benefits. The potential benefits of this be sent to the Office of Information and compliance by these arrangements will interim final rule are, therefore, Regulatory Affairs, Office of also be beneficial because, due at least expected to outweigh its costs. Management and Budget, Room 10235,

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New Executive Office Building, and implementing regulations with approach to ensuring compliance by Washington, DC 20503; Attention: Desk respect to HIPAA, MHPA, Newborns’ these arrangements with the full range Officer for the Pension and Welfare Act, and WHCRA. The form must also of requirements imposed upon them. Benefits Administration. Although be signed and dated. Although MEWAs which are group comments may be submitted through Detailed instructions are supplied health plans under ERISA, and April 11, 2000, OMB requests that with the form, as are compliance multiemployer group health plans comments be received within 30 days of worksheets, which are intended to established pursuant to a collective publication of this interim final rule to provide filers with convenient bargaining agreement are generally ensure their consideration. summaries of the requirements of the required to file Form 5500 in Address requests for copies of the ICR HIPAA, MHPA, Newborns’ Act, and accordance with ERISA sections 101(b) to Gerald B. Lindrew, Office of Policy WHCRA provisions of Part 7 of ERISA, and 104(a), these entities will also be and Research, U.S. Department of Labor, and references to the statutory required to file the annual report for Pension and Welfare Benefits requirements. These worksheets are not MEWAs under this interim final rule. Administration, 200 Constitution required to be filed. This is in part because Form 5500 does Avenue, NW, Room N–5647, The information collected in not require duplicate reporting with Washington, D.C. 20210. Telephone: connection with this filing requirement respect to compliance with Part 7. An (202) 219–4782; Fax: (202) 219–4745. will be useful to the Department, other important reason for requiring these These are not toll-free numbers. federal agencies, and the States, in groups to file is to collect uniform The ICR implemented with this determining the extent of compliance by information on MEWAs that does not interim final rule will require MEWAs and ECEs with Part 7 of ERISA rely on the arrangements’ assessments of administrators of MEWAs, as defined in and parallel provisions of the Internal their status as group health plans or section 3(40) of ERISA, and certain Revenue Code and the Public Health their entitlement to claim an exception other multiple employer arrangements Service Act. based on the existence of a collective that seek to utilize the exception The information will be useful to bargaining agreement. Arrangements described in section 3(40)(A)(i) of federal and State authorities with which might mischaracterize ERISA (referred to in the interim final oversight responsibilities for these themselves as group health plans under rule as ‘‘Entities Claiming Exception’’ arrangements, and to the public for a ERISA or as multiemployer collectively (ECEs)), to file certain information with variety of reasons. The enforcement bargained plans (and thus not MEWAs), the Secretary of Labor. This filing is activities of the Department and the or in any number of other ways, would generally required to be made annually States have shown that, due at least in otherwise be omitted from the data that by March 1 for the calendar year just part to the complex interaction of State would be available to the Department ended. In addition, expedited filing is and federal regulatory requirements for and the States to assess compliance by required following origination of an multiple employer arrangements these arrangements. At the same time, entity required to file. However, an ECE providing group health coverage, the Department did not wish to require is required to file for only the first three compliance with all the applicable State reporting by well established years following its origination. A form and federal rules has been inconsistent. multiemployer plans that have been in has been prescribed for this filing, the For example, the March, 1992 General operation for several years. As noted substance of which is published at the Accounting Office (GAO) Report earlier, this interim final rule may be end of this document. entitled, ‘‘EMPLOYEE BENEFITS— modified in the future if changes are The information to be filed includes States Need Labor’s Help Regulating needed as a result of the issuance of basic identifying information (names Multiple Employer Welfare further guidance with respect to and addresses, telephone numbers, Arrangements’’ (GAO/HRD–92–40) establishing criteria and a process for a employer identification numbers), and states that ‘‘MEWAs have proven to be finding by the Secretary that an the date of origination of the a source of regulatory confusion, agreement is a collective bargaining arrangement. The filer will also be enforcement problems, and in some agreement for purposes of section required to identify the States in which instances, fraud.’’ This is supported by 3(40)(A)(i) of ERISA. 11 At present, the arrangement provides coverage, results of GAO’s 1991 survey in which however, the Department considers it whether it is licensed as an insurer or 46 States reported non-compliance by important to obtain complete data on all otherwise authorized to operate in those MEWAs with applicable reporting, entities which may be considered States (with the corresponding license disclosure, funding, licensing and MEWAs, including newly originated or registration numbers), and whether registration requirements. multiemployer collectively bargained the arrangement, if not licensed, is fully MEWAs doing business in several group health plans in their first years of insured by a health insurance issuer in States may be required to comply with operation. each State. The filer must also state the licensing and solvency requirements of An ancillary benefit of the availability number of participants in the each State, which often differ of complete data on the multiple arrangement and the number of States in significantly. Although ERISA was employer health plan universe will be a which at least 20 percent of the amended in 1983 to clarify the role of significantly enhanced capability to arrangement’s business (based on the States in the regulation of MEWAs 10 conduct more thorough analysis of the number of participants) is conducted. these arrangements must still make market segment represented by MEWAs. The form poses specific questions judgments with respect to a number of Risk pooling by groups of employers has concerning compliance with Part 7 of relatively complex legal and factual been considered to offer potential ERISA, including yes/no questions issues in order to determine which advantages in the purchase of health about litigation involving Part 7 of requirements are applicable. The care coverage by small employers. ERISA or corresponding provisions of absence of uniform information as to the Timely and complete information on the Internal Revenue Code or Public identity and location of these entities these entities will be of significant Health Service Act (with specific often prevents both federal and State utility in evaluating the effectiveness of additional information to be provided, if regulators from taking a proactive existing arrangements in providing there was litigation), and about compliance with provisions of Part 7 10 See note 5. 11 See note 6.

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The remainder (24 on the number of annual filers and the the greatest average number per plan in percent of the 41 plans, and 41 percent time assumed to be required to complete a single year was 3,200. Based on these of the 2,180 plans reported funding the form. averages, it could be assumed that through a combination of insurance and The Filer Universe participation would total between self-funding. It is assumed that the 23,000 and 38,000 for the 12 plans newly originated multiemployer The entities that will be required to assumed to originate in any year. For collectively bargained group health file the annual reporting form will purposes of estimating the number of plans will more closely resemble the include multiemployer collectively participants in the affected plans in this group of 41 plans originated since 1990. bargained group health plans (entities category, a midpoint of 30,600 per year Multiple Employer Welfare claiming exception, or ECEs) originated (2,550 participants per plan) for the 12 Arrangements Which Are Group Health within three years of the filing date, new plans, and 91,800 for all 36 filers Plans Under ERISA MEWAs which are group health plans has been used. under ERISA, and MEWAs which are Certain characteristics of this group The number of filers in this category not group health plans under ERISA. A may also be estimated, based on the may be estimated in a manner similar to description of the Department’s characteristics of both the 1995 filers that used for estimating the ECE count. methods of estimating the number and originated since 1990 and all 1995 In general, most ERISA-covered welfare characteristics of filers in each group multiemployer health plan filers. In plans which provide medical benefits follows. both groups, no more than 11 percent of are required under the statute and Multiemployer Collectively Bargained plans had fewer than 100 participants, regulations to file a Form 5500 annually Plans while less than 1 percent of total unless the plan covers fewer than 100 participants were covered by plans with participants and is either unfunded or These plans are generally required to fewer than 100 participants. fully insured. While data from Form file Form 5500, and as such, information The methods of funding indicated by 5500 filings will not include is available concerning the number of the filers on Form 5500 differ somewhat information on small plans due to this such plans originated from year to year. between the groups. The funding exemption from filing requirements, For the purpose of estimating the method categories are defined in the multiple employer plans are considered number of potential filers, the Form 5500 instructions. ‘‘Trust only’’ is less likely to be excluded on this basis Department reviewed the data collected generally used interchangeably with the because the affiliation of at least two from Form 5500 filings for the 1991 more commonly understood terms ‘‘self- employers for the formation of a plan through 1995 plan years for collectively funded’’ or ‘‘self-insured.’’ ‘‘Insured’’ is increases the likelihood that bargained multiemployer welfare plans considered to mean fully insured. participation will exceed 100. However, which provided medical benefits. A Where ‘‘Trust and Insurance’’ is because plans with fewer than 100 period of longer than three years was indicated, it is generally not possible to participants will be required to file the examined in order to determine whether determine without examination of annual report for MEWAs, an the numbers were reasonably consistent individual records whether the plan is adjustment would need to be made to from year to year, and whether the data essentially self-funded with stop-loss account for the excluded plans. indicated a trend over this period. insurance, or whether the plan is Data from Form 5500 filings for 1995 Individual records in this group were entirely self-funded except to the extent plan years were reviewed with respect examined and adjusted for the purpose that it includes specific insured benefits to plans indicating they provided of this count for possible errors in filers’ such as life or long term disability medical benefits that were designated as characterization of their filing entity insurance. Consequently, this category multiemployer collectively bargained (which is selected from a number of will include a range of funding plans, multiple employer non- codes in the Form 5500 instructions). methods. For purposes of estimates of collectively bargained plans, and group The resulting number of such plans the burden of the filing requirement, a insurance arrangements. Because the originated since 1991 was 41, which distinction is made between fully Department has been made aware of amounts to an average of about 8 plans insured arrangements and all other some multiple employer plan filers’ per year. The number of participants in arrangements. While estimates of the uncertainty as to the appropriate entry those 41 plans was 78,702. This number of fully self-funded for this element of the form, the source represents about 2% of the total of all arrangements may also be of interest, data in these categories were also multiemployer collectively bargained only fully insured arrangements are examined. While it is not possible to group health plan filers in 1995 (2,180 segregated for purposes of estimates determine the nature of a filing entity plans with 5,957,946 participants). ultimately developed, due to a with certainty without reference to the Examination of origination in each difference in form completion time for facts and circumstances related to its individual year shows that the number these entities. establishment, a number of plans of plans established was reasonably The plan funding methods reported appeared to have been coded in such a similar from year to year. The on Form 5500 for the 2,180 way as to limit the usefulness of this Department considers a reasonable multiemployer collectively bargained data for the purpose of estimating the estimate of the number of new plans group health plans (with 5,957,946 number of potential filers. For purposes that are originated each year is 12, participants) filing in 1995 were of this estimate, therefore, entity codes which is the greatest number originated compared with those for the 41 were adjusted where a more appropriate in any single year during the period multiemployer collectively bargained choice was apparent. The resulting data, examined. This would result in group health plans (with 78,702 after exclusion of plans that appeared to

VerDate 272000 19:46 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\11FER2.SGM pfrm04 PsN: 11FER2 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations 7159 be single employer plans or collectively covered by the 1,034 MEWAs in the of ERISA-covered plans due to lack of bargained plans, and inclusion of plans respondent States. an employment basis. Coverage originally categorized as group The figures may be somewhat sponsored by these types of associations insurance arrangements, were understated due to the lack of survey may, however, be considered non-plan summarized to arrive at the initial data from a number of large States MEWAs based on the facts and estimate of the number and which reported data for another aspect circumstances surrounding the characteristics of filers. On this basis of the survey indicating that establishment and maintenance of the (and without yet adjusting for small participants has sustained losses as a arrangement. The report also states that plans exempted from Form 5500 filing result of MEWAs’ failure to pay claims because the response rate to the 1997 requirements), 642 plans in this in the State. The number of these survey was somewhat low (974 of 7,169 category covering approximately entities may also be expected to have surveys distributed were returned), it 1,913,000 participants would be changed during the period since the would be conservative to assume that expected to file the MEWA annual survey due to small group reforms in the the survey represents no more than 50 reporting form. The average number of States, the enactment of HIPAA, and a percent of the total number of participants per plan among this group period of relative stability in health care association health plans. On the basis of is approximately 3,000. About 14 costs that generally reduces economic the 283 plans reported, then, it could be percent of these plans report self- pressures on employers seeking assumed that the number of association funding only, while 31 percent report affordable coverage. It is generally sponsored plans could be estimated at being fully insured. About 49 percent of believed that these factors have served 566. The 1992 data were somewhat these plans report a combination of to reduce the number of entities that different, with 2,648 responses to 6,341 insurance and self-funding. obtain group health coverage through surveys distributed, resulting in 799 risk pooling arrangements such as association sponsored plans being Although the number of MEWA MEWAs. reported. However, the report on the report filers which are multiple Furthermore, it is unclear whether the 1997 survey offers many reasons for a employer group health plans could be survey respondents would have decline in the number of plans estimated by adjusting the number of distinguished between MEWAs which sponsored, which supports the Form 5500 filers to allow for plans are group health plans and those which credibility of the observed decrease. exempted from Form 5500 filing are not group health plans. requirements, the Department is Consequently, it is not possible to A different approach may also be unaware of an appropriate basis for such determine whether the number of taken to estimating the number of non- an adjustment. Instead, these exempt MEWAs headquartered in the States respondents which sponsor health filers have been estimated in may overlap to any degree with the plans, which results in a somewhat conjunction with the estimate of MEWA estimate of the number of MEWAs larger estimate of association plans. If it report filers which are not employee which are ERISA-covered plans. The is assumed that the rate of sponsorship benefit plans under ERISA, as explained Department contacted the National of plans among non-respondents is one- below. Association of Insurance Commissioners half the rate of sponsorship among and certain State representatives to respondents, it may be estimated that Multiple Employer Welfare whom it was subsequently referred to there are approximately 1,200 Arrangements Which Are Not Group determine whether comparable and association sponsored plans. As noted, Health Plans Under ERISA more current data were available, and this estimate would likely include concluded on the basis of these contacts arrangements that would be considered The potential number of filers in this to be plans under ERISA, as well as category is significantly more difficult to that while several States might maintain certain current data elements, no those that would not. This estimate estimate because there is no single would also include both trade/corporate source of data on such arrangements. comparable data set is available to support the updating or refinement of association plans and professional/ The Department therefore relied on individual association plans. Other data three different data sources to develop the GAO estimates. Other more recent sources may serve presented in the Morneau/ASAE report an estimate of the number of potential indicate that 66 percent of association filers. Data reported in the previously to shed light on the usefulness of the GAO data in developing a current health plans are sponsored by trade/ cited March, 1992 GAO report (GAO/ corporate associations. While this HRD–92–40) were collected in GAO’s estimate of potential non-ERISA plan MEWA filers. The Department would tend to support reducing the survey of State insurance officials estimate of association plans which conducted in 1991. These data showed examined reports published by W.F. Morneau & Associates and the American might file the annual reporting form, the 1,034 MEWAs which were 13 degree of imprecision already headquartered in the State in which the Society of Association Executives (ASAE) concerning membership surveys introduced may not support further information was collected, and 2,213 refinement of this estimate. MEWAs operating in States in which conducted in 1992 and 1997. The survey respondents were those they were not headquartered.12 Of the If it is assumed, then, that there are 1,034 MEWAs, 264 (25.5 percent) were associations which reported sponsoring 1,200 association plans to be considered characterized as ‘‘fully insured’’ and 770 health care plans for their members. The among the universe of potential filers, (74.5 percent) were ‘‘not fully insured.’’ respondents would apparently include an assumption concerning the funding It was also reported that there were sponsors of plans covered by ERISA as mechanisms used is also needed. 2,581,438 participants and beneficiaries well as arrangements not covered by Assuming 75 percent of these plans are ERISA. Respondents also included fully insured, as indicated by the 1997 professional/individual associations, report, 900 plans would be fully insured 12 According to GAO, comparison of these totals may give an indication of the number of MEWAs which would not typically be sponsors and 300 would not be fully insured. operating across State lines. GAO indicates that the Findings of an analysis conducted by numbers should not be added, because MEWAs 13 ‘‘Survey of Association Member Health Plans,’’ operating in more than one State may have been W.F. Morneau & Associates/ American Society of the RAND Corporation of data from the counted in each State of operation. Association Executives, 1993 and 1997. 1997 Robert Wood Johnson Foundation

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Employer Health Insurance Survey 14 reported in the pooled arrangements assumption as to the number of MEWAs offer another basis for the development would be to simply divide the number and entities claiming exception that will of an estimate of the number of MEWAs. of employees by the average number of be required to file the annual reporting The findings address the prevalence of participants in the multiple employer form in any year is 2,678. The method pooled purchasing among employer group health plans which file Form of developing the estimate of filers health plans through analysis of survey 5500 (between 2,500 and 3,000). accounts for some arrangements which respondents’ assessments of whether Dividing the 12 million employees in would be considered group health plans their establishment purchases insurance this way results in an estimate of 4,000 under ERISA but which are exempt through (1) a purchasing cooperative or to 4,800 separate arrangements. When from Form 5500 filing requirements, alliance, (2) a business coalition, (3) a applied to the trade association segment although their number is not separately multiple employer trust (MET) or alone, the imputed number of separate identified. multiple employer welfare arrangement arrangements would be between 800 Estimating the proportion of these (MEWA), or (4) a trade or professional and 1,000. This analysis, although arrangements which are fully insured, association or other membership imprecise, appears to support the funded through a trust, or a combination organization. The report concludes that comparability of the Morneau/ASAE of these methods is more problematic. about 25 percent of establishments data and the RAND analysis of the 1997 The RAND analysis does not provide participate in pooled purchasing in at Robert Wood Johnson Foundation specific information on the funding least one of the forms described. Employer Health Insurance Survey data. method of the pooled arrangements, and The survey data as weighted for Because a total based on all pooling the information reported in the other purposes of the analysis indicate that a arrangements will include collectively sources varies significantly. For total of 394,000 establishments covering bargained multiemployer group health example, 73 percent of the recently 5.7 million employees report offering plans and multiple employer non- originated multiemployer collectively insurance through a MEWA/MET or a collectively bargained group health bargained plans were funded through a trade association/membership plans, the estimate must be reduced to trust only, while only 4 percent were organization. This includes 118,000 avoid duplication. Reducing the fully insured. Of the multiple employer establishments which were pooled estimated total of 4,800 arrangements by non-collectively bargained ERISA plans through a MEWA/MET and 276,000 multiemployer and multiple employer which filed Form 5500, 14 percent were establishments pooled through a trade group health plans counts results in a self-funded and 31 percent were fully association or membership organization. total of 2,200 MEWAs not previously insured. Of the MEWAs reported by the Employees reported to be covered counted, which cover an estimated 4 States in the GAO study, 25 percent through a MEWA/MET total 3.3 million, million employees. were fully insured, while 75 percent of while those reported as covered through The universe of filers, therefore, can the association plans in the Morneau/ an association or membership be variously estimated as follows: ASAE survey reported being fully • organization total 2.4 million. 642 non-collectively bargained insured. The MEWA/MET and trade multiple employer group health plans The funding status of the filers that association/membership association which file Form 5500 plus 36 newly reported their funding method on Form categories appear to include many of the originated multiemployer collectively 5500 has been included as reported. In arrangements that would be required to bargained group health plans (ECEs) the absence of additional information as file the MEWA annual reporting form, covering a total of 1,943,551 to the funding status of the 2,000 non- including collectively bargained participants (excludes non-plan MEWAs plan filers, the Department believes it is arrangements, without regard to and small fully insured/unfunded plans reasonable to assume that 50 percent whether the arrangement constitutes a exempt from filing) (1995 Form 5500 (the midpoint between the 25 percent plan for purposes of ERISA. It is also data); reported by GAO and the 75 percent • likely that potential filers will be found 1,034 MEWAs including plans and reported by Morneau/ASAE) are fully among the establishments reporting non-plans covering 2,581,438 insured. Although this assumption is purchase through a purchasing alliance participants (likely excludes some somewhat arbitrary, it is relied on for or business coalition. The total number arrangements the States would purposes of the estimates of annual of establishments which report recognize as ERISA covered plans) report filer burden only for estimating a (1992 GAO report); variation in the burden expected in purchasing through pooled purchasing • arrangements, including business 1,200 association plans including completing the form. The Department coalitions and purchasing alliances, but ERISA plans and non-ERISA plans welcomes comments on the data and excluding known purchasing alliances, (likely excludes both arrangements assumptions used in developing these is 836,000. Employees of these which are MEWAs not sponsored by estimates. establishments number 12 million. associations and collectively bargained The resulting breakdown of Known purchasing alliances are multiemployer plans) (1997 Morneau/ arrangements between fully insured and excluded because these are not ASAE survey); and not fully insured is shown below: • 4,000 to 4,800 multiple employer considered likely to be MEWAs. association plans, collectively bargained Not Because these data are collected and Fully plans, and MEWAs covering 12,000,000 fully presented on an establishment rather Total in- participants (or 2,000 non-ERISA plan sured in- than plan basis, other adjustments are sured MEWAs covering 4,100,000 employees, required in order to compare them with after adjustment for multiemployer data reported in other sources. Total ...... 2,678 1,202 1,476 One possible approach to imputing a collectively bargained group health plans and multiple employer non- Multiemployer ECE 36 1 35 estimated number of different Multiple employer arrangements from the employee counts collectively bargained group health plans) (1997 RWJF Health Insurance non-collectively bargained ERISA 14 ‘‘Pooled Purchasing: Who Are the Players?’’ Survey). plans ...... 642 201 441 Stephen H. Long and M. Susan Marquis, ‘‘Health On the basis of these estimates, the Other MEWA ...... 2,000 1,000 1,000 Affairs,’’ July—August 1999. Department believes a conservative

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Completing the MEWA Annual unaware of MEWAs operating within expected as a practical matter to Reporting Form their jurisdictions, or in neighboring perform the tasks required by the form. Completion of this two-page form is States but covering consumers in their In developing the cost of preparation of the form, the Department has expected to require between 2 hours and jurisdictions, until problems are assumed a professional rate for a 50 minutes to 3 hours and 35 minutes. reported. With respect to Part IV of the form, financial manager of approximately $50 This estimate assumes that all filers will the Department assumed a 15 to 30 per hour. Copying and mailing is require an average of two hours to minute completion time depending estimated to require 1 minute at a familiarize themselves with the form again on whether or not an arrangement clerical rate of $15 per hour plus $0.38 and read the instructions, particularly in is fully insured. Fully insured for mailing and materials. Electronic the first years following implementation arrangements are expected to be readily filing of the form is under consideration, of the filing requirement. The aware of their compliance with the but has not been reflected in these identifying information in Parts I and II specified aspects of Part 7 of ERISA estimates. The Department requests of the form and the signature block because their insurance contracts will in comments on the assumptions used in would be expected to require a limited most cases have been amended to bring this analysis. amount of time to complete. them into compliance. Those In the Department’s view, the filing The most variable portion of the form arrangements which may not have requirement will not require the is expected to be Part III, which considered the status of their maintenance of records which were not includes information concerning the compliance with these requirements already maintained by the MEWA in the locations in which the arrangement does may require additional time to answer ordinary course of its business. business, and its funding arrangements the questions. No estimate of the time to Type of Review: New. and licensing status in those locations. respond to the question concerning Agency: U.S. Department of Labor, The amount of information to be entered litigation or enforcement proceedings is Pension and Welfare Benefits here will vary directly with the number made because rate of litigation among Administration. of States in which an entity operates. all plans in general is believed to be Titles: Annual Report for Multiple The degree of this variation is expected low. While positive responses to this Employer Welfare Arrangements and to be great, as some of the arrangements question are expected to be useful in Entities Claiming Exception (Form M– which will file are known to be State- assessing compliance with Part 7, the 1). specific, while others are national in frequency of positive responses among Affected Public: Individuals or scope. the small group of filers is expected to households; Business or other for-profit; Time required to complete this be very low. Not-for-profit institutions. segment of the form is also expected to Based upon its experience with many OMB Number: 1210–NEW. vary with the funding arrangement of types of multiple employer group health Frequency of Response: Annually. the entity in any given State, and with Respondents: 2,678. plans and other arrangements, the Responses: 2,678. the State’s licensing requirements. Department has assumed for its Entities which are fully insured in the Estimated Burden Hours: 874. estimates of burden under the Estimated Annual Cost (Operating States in which they operate would be Paperwork Reduction Act that 90 and Maintenance): $ 394,300. expected to require little time to percent of plans and arrangements will Comments submitted with respect to complete the section because those purchase services to meet the filing this information collection request will entities are believed to be least likely to requirement rather than complete the be summarized and/or included in the require licensure by a State. Those form in-house. Because these request for OMB approval of the entities which are either partially or arrangements by definition include at information collection request; they will fully self-funded and which operate in least two employers which are unrelated also become a matter of public record. States in which they are required to be by ownership and which may or may licensed are expected to require the not be related by trade or industry, an Regulatory Flexibility Act greatest amount of time to complete this entity which is separate from the The Regulatory Flexibility Act (5 section. The range of completion time arrangement typically handles U.S.C. 601 et seq.) (RFA) imposes assumed for this segment (from 30 administrative duties for the certain requirements with respect to minutes to an hour) is intended to allow arrangement. This may be the Federal rules that are subject to the for this variation. association or subsidiary of the notice and comment requirements of The Department is aware that the association in the case of a plan section 553(b) of the Administrative States have implemented a range of sponsored by a trade association, or a Procedure Act (5 U.S.C. 551 et seq.) and regulatory requirements for both third party administrator. This entity is likely to have a significant economic MEWAs and health plans sponsored by commonly compensated for services impact on a substantial number of small associations which are self-funded and such as billing employers, processing entities. If an agency determines that a conducting business in their claims, or marketing the arrangement to proposed rule is likely to have a jurisdictions. These requirements range other employers, by the plan or by the significant economic impact on a from registration to full compliance participating employers, through an substantial number of small entities, with all of the solvency, rating, and assessment to the premium or other section 603 of the RFA requires that the other requirements of the State contribution collected from the agency present an initial regulatory insurance code. The information that employers. It is believed that the filing flexibility analysis at the time of the could be provided by the States, if would be completed by this separate publication of the notice of proposed collected directly from them, would entity and that the entity would be rulemaking describing the impact of the include only those arrangements which compensated for this service. This rule on small entities and seeking public are aware of the requirements in the assumption has no implication with comment on such impact. Small entities State or States in which they do respect to the person or entity obligated include small businesses, organizations, business, and which have elected to to file the form. The assumption is and governmental jurisdictions. comply with those requirements. From intended to provide an estimate of the Because these rules are being issued time to time States still report being cost of filing based on the entity as interim final rules and not as a notice

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Nevertheless, the Department It is expected, however, that a very management, accounting, and benefits has considered the likely impact of this small number of these arrangements administration are often either formed interim rule on small entities, and will have fewer than 100 participants. by the group of employers for the believes the rule will not have a By their nature, the affected purpose of managing a group health significant impact on a substantial arrangements must involve at least two plan, or are responsible for establishing number of small entities. The reasons employers, which decreases the the plan or arrangement and making it for this conclusion are explained in the likelihood of coverage of fewer than 100 available to the employers. discussion which follows. participants. Also, underlying goals of No federal rules have been identified For purposes of this discussion, the the formation of these arrangements, that duplicate, overlap, or conflict with Department has deemed a small entity such as gaining purchasing and this interim final rule. The Department to be an employee benefit plan with negotiating power through economies of has considered a number of reporting fewer than 100 participants. The basis of scale, improving administrative formats, and has proposed a form this definition is found in section efficiencies, and gaining access to intended to collect only the information 104(a)(2) of ERISA, which permits the additional benefit design features, are Secretary of Labor to prescribe necessary to assess compliance with not as readily accomplished if the group Part 7 of ERISA as simply as possible, simplified annual reports for pension of covered lives remains small. Finally, plans which cover fewer than 100 given the complexities of these although an average provides no insight arrangements and the regulatory participants. For this purpose, it is into the number of arrangements which assumed that arrangements with fewer framework in which they operate. The have fewer than 100 participants, it may design of the form, which requires than 100 participants and which are (1) still be noted that the average number of multiemployer collectively bargained reporting by arrangements rather than participants per arrangement in the data employers participating in the group health plans originated within the examined to estimate the number of last three years, (2) non-collectively arrangements, limits the number of potential filers appeared to be between filers which will be required to comply bargained multiple employer group 2,500 and 3,000. health plans, or (3) other multiple with the requirement. Compliance It is known, however, that the employer arrangements which provide guides have been made part of the employers typically involved in these medical benefits, are small plans. report package for the purpose of PWBA believes that assessing the arrangements are small (that is, have lessening the time required to assess impact of this proposed rule on small fewer than 500 employees, which is compliance, and assisting the plans is an appropriate substitute for generally consistent with the definition arrangements in achieving compliance evaluating the effect on small entities as of small entity found in regulations where additional action is required. that term is defined in the RFA. As issued by the Small Business Administration (13 CFR § 121.201)). For Small Business Regulatory Enforcement explained earlier, it is estimated that Fairness Act 2,678 plans and arrangements will file example, RWJF data referenced earlier the MEWA annual reporting form. Of show that 12 million employees at The interim final rule being issued the total number of Form 5500 filers 836,000 establishments indicated they here is subject to the provisions of the included in this total, the number of obtained coverage through pooled Small Business Regulatory Enforcement plans with fewer than 100 participants purchasing arrangements. This averages Fairness Act of 1996 (5 U.S.C. 801 et is estimated at 257, or about 11 percent. just over 14 employees per seq.) and has been transmitted to This number may be slightly establishment. Further, while some Congress and the Comptroller General understated because data from Form employers of 500 or more employees for review. 5500 filings were used to develop the may be included in multiple employer estimate of multiple employer group arrangements providing health benefits, Unfunded Mandates Reform Act health plans which fall within the groups of this size are typically considered large enough to realize the Because these rules are issued as definition of a ‘‘welfare plan’’ for interim final rules and not as a notice purposes of ERISA. That data generally advantages of economies of scale on their own. It can generally be assumed, of proposed rulemaking, the Unfunded excludes welfare plans with fewer than Mandates Reform Act of 1995 (Pub. L. 100 participants which are either therefore, that nearly all employers participating in these arrangements are 104–4) does not apply. However, unfunded or fully insured due to this consistent with the policy embodied in group’s exemption from filing small. The number of small employers assumed to be affected is 836,000. the Unfunded Mandates Reform Act, requirements. this interim final rule does not include Consideration of the number of small The total annual cost of the filing any federal mandate that may result in plans affected by this filing requirement requirement is estimated at $437,400. expenditures by State, local, or tribal is more meaningful in the context of the The filing requirement applies to the governments, or the private sector, total number of small private group administrator of the estimated 2,678 which may impose an annual burden of health plans estimated to exist. Based plans or arrangements, and is expected $100 million. on the health coverage reported in the to cost an average of about $164 per Employee Benefits Supplement to the plan or arrangement. If this amount Statutory Authority 1993 Current Population Survey, and a were passed on directly to the Sec. 29 U.S.C. 1024, 1027, 1059, 1132(c)(5), 1993 Small Business Administration employers assumed to participate in 1135, 1171–1173, 1181–1183, 1191–1194; survey of retirement and other benefit these arrangements, their additional cost Sec. 101, Pub. L. 104–191, 101 Stat. 1936 (29 coverages in small firms, it is estimated would amount to about $0.50 per year U.S.C. 1181); Secretary of Labor’s Order No. that there are approximately 2.6 million on average. 1–87, 52 FR 13139, April 21, 1987.

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List of Subjects in 29 CFR Part 2510 requirements for annual reporting by more employers (including one or more Employee benefit plans, Employee MEWAs that provide benefits that self-employed individuals); Retirement Income Security Act, consist of medical care and by certain (2) The MEWA or ECE begins offering Multiple Employer Welfare entities that claim not to be a MEWA or providing coverage for medical care Arrangements, Pension and Welfare solely due to the exception in section to the employees of two or more Benefit Administration, Reporting and 3(40)(A)(i) of the Act (Entities Claiming employers (including one or more self- recordkeeping requirements. Exception or ECEs). These requirements employed individuals) after a merger For the reasons set out in the apply regardless of whether the MEWA with another MEWA or ECE (unless all preamble, Part 2520 of Chapter XXV of or ECE is a group health plan. of the MEWAs or ECEs that participate Title 29 of the Code of Federal (b) Definitions. As used in this in the merger previously were last Regulations is amended as follows: section, the following definitions apply: originated at least three years prior to Administrator means— the merger); or PART 2520Ð[AMENDED] (1) The person specifically so (3) The number of employees designated by the terms of the receiving coverage for medical care 1. The authority for Part 2520 is instrument under which the MEWA or under the MEWA or ECE is at least 50 revised to read: ECE is operated; percent greater than the number of such Authority: Secs. 101, 102, 103, 104, 105, (2) If the MEWA or ECE is a group employees on the last day of the 109, 110, 111(b)(2), 111(c), 502(c)(5), 505, health plan and the administrator is not previous calendar year (unless the 701–703, 711–713, 731–734 Pub. L. 93–406, so designated, the plan sponsor (as increase is due to a merger with another 88 Stat. 840–852 and 894 (29 U.S.C. 1021– defined in section 3(16)(B) of the Act); MEWA or ECE under which all MEWAs 1025, 1029–1031, 1135, 1171–1173, 1181– or 1183, 1191–1194), as amended by Pub. L. and ECEs that participate in the merger (3) In the case of a MEWA or ECE for were last originated at least three years 104–191, 101 Stat. 1936 and Pub. L. 104–204, which an administrator is not 101 Stat. 2944; Secretary of Labor’s Order No. prior to the merger). 27–74, 13–76, 1–87, and Labor Management designated and a plan sponsor cannot be (c) Persons required to report—(1) Services Administration Order 2–6. identified, the person or persons General rule. Except as provided in Sections 2520.102–3, 2520.104b–1 actually responsible (whether or not so paragraph (c)(2) of this section, the and 2520.104b–3 are also issued under designated under the terms of the following persons are required to report sec. 101(a), (c) and (g)(4) of Pub. L. 104– instrument under which the MEWA or under this section— ECE is operated) for the control, 191, 110 Stat. 1936, 1939, 1951 and (i) The administrator of a MEWA that disposition, or management of the cash 1955 and sec. 603 of Pub. L. 104–204, offers or provides benefits consisting of or property received by or contributed 110 Stat. 2935 (29 U.S.C. 1185 and medical care, regardless of whether the to the MEWA or ECE, irrespective of 1191c). entity is a group health plan; and whether such control, disposition, or (ii) The administrator of an ECE that 2. Part 2520 is amended by adding management is exercised directly by offers or provides benefits consisting of § 2520.101–2 to read: such person or persons or indirectly medical care during the first three years through an agent, custodian, or trustee § 2520.101±2 Annual reporting by multiple after the ECE is originated. designated by such person or persons. employer welfare arrangements and certain (2) Exception. Nothing in this other entities offering or providing Entity Claiming Exception (ECE) means an entity that claims it is not a paragraph (c) shall be construed to coverage for medical care to the employees require reporting under this section by of two or more employers. MEWA due to the exception in section 3(40)(A)(i) of the Act. (In general, this the administrator of a MEWA or ECE if (a) Basis and scope. Section the MEWA or ECE is licensed or 101(g){h} 1 of the Act permits the exception is for entities that are established and maintained under or authorized to operate as a health Secretary of Labor to require, by insurance issuer in every State in which regulation, multiple employer welfare pursuant to one or more agreements that the Secretary finds to be collective it offers or provides coverage for arrangements (MEWAs) providing medical care to employees. benefits that consist of medical care bargaining agreements). Group health plan means a group (3) Construction. For purposes of this (within the meaning of section 733(a)(2) section, the following rules of of the Act), and that are not group health plan within the meaning of section 733(a) of the Act and construction apply— health plans, to report, not more (i) Whether or not an entity is a frequently than annually, in such form § 2590.701–2. Health insurance issuer means a MEWA or ECE is determined by the and manner as the Secretary may administrator acting in good faith. require, for the purpose of determining health insurance issuer within the meaning of section 733(b)(2) of the Act Therefore, if an administrator makes a the extent to which the requirements of good faith determination at the time part 7 of the Act are being carried out and § 2590.701–2. Medical care means medical care when a filing under this section would in connection with such benefits. within the meaning of section 733(a)(2) otherwise be required that the entity is Section 734 of the Act provides that the of the Act and § 2590.701–2. maintained pursuant to one or more Secretary may promulgate such Multiple employer welfare collective bargaining agreements, the regulations as may be necessary or arrangement (MEWA) means a multiple entity is an ECE, and the administrator appropriate to carry out the provisions employer welfare arrangement within of the ECE is not required to file if its of part 7 of the Act. This section sets out the meaning of section 3(40) of the Act. most recent origination was more than Origination means the occurrence of three years. Even if the entity is later 1 Section 1421(d)(1) of the Small Business Job Protection Act of 1996 (Pub. L. 104–188) created a any of the following three events (and determined to be a MEWA, filings are new section 101(g) of ERISA relating to Simple a MEWA or ECE is considered to have not required prior to the determination Retirement Accounts. Subsequently, section been originated when any of the that the entity is a MEWA if at the time 101(e)(1) of HIPAA also created a new section following three events occurs)— the filings were otherwise due, the 101(g) of ERISA relating to MEWA reporting. Accordingly, when referring to section 101(g) of (1) The MEWA or ECE first begins administrator made a good faith ERISA relating to MEWA reporting, this document offering or providing coverage for determination that the entity was an cites section 101(g){h} of ERISA. medical care to the employees of two or ECE. However, filings are required for

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For the year 1999 period to be ECE B has not been involved in any mergers administrator’s good faith determination and in 1999 the number of employees to that an entity is an ECE may eliminate reported, a completed copy of the Form which ECE B provides coverage for medical the requirement that the administrator M–1 is required to be filed no later than care is not at least 50 percent greater than the of the entity file under this section for May 1, 2000. number of such employees on December 31, more than three years after the entity’s (iii) Special rule requiring a 90–Day 1998. origination date, the administrator’s Origination Report when a MEWA or (ii) In this Example 2, ECE B was determination, nonetheless, does not ECE is originated—(A) In general. originated was on January 1, 1992 has not affect the applicability of State law to Subject to paragraph (e)(2)(ii)(B) of this been originated since then. Therefore, the section, when a MEWA or ECE is administrator of ECE B is not required to file the entity. Accordingly, incorrectly a Form M–1 on May 1, 2000 because the last claiming the exception may eliminate originated, the administrator of the time the ECE B was originated was January the need to file under this section, if the MEWA or ECE is also required to file a 1, 1992 which more than 3 years prior to May claiming of the exception is done in completed copy of the Form M–1 within 1, 2000. good faith. However, the claiming of the 90 days of the origination date (unless Example 3. (i) ECE C began offering exception for ECEs under this filing 90 days after the origination date is a coverage for medical care to the employees requirement does not prevent the Saturday, Sunday, or federal holiday, in of two or more employers on July 1, 1998. application of State law to an entity that which case the form must be filed no (ii) In this Example 3, the administrator of ECE C must file a completed copy of the is later determined to be a MEWA. This later than the next business day). (B) Exceptions. (1) Paragraph Form M–1 by May 1, 2000 because the last is because the filing, or the failure to date A was originated was July 1, 1998, file, under this section does not in any (d)(2)(ii)(A) of this section does not which is less than 3 years prior to the May way affect the application of State law apply if the origination occurred 1, 2000 due date. Furthermore, the to a MEWA. between October 1 and December 31. administrator of ECE C must file a year 2000 (d) Information to be reported (1) The (2) Paragraph (d)(2)(ii)(A) of this annual report by March 1, 2001 (because July annual report required by this section section does not apply before May 1, 1, 1998 is less than three years prior to March 1, 2001). However, if ECE C is not involved shall consist of a completed copy of the 2000. Therefore, for an entity that is originated, for example, on January 1, in any mergers that would result in a new Form M–1 ‘‘Annual Report for Multiple origination date and if ECE C does not Employer Welfare Arrangements 2000, no 90–day origination report is required. Nonetheless, for an entity experience a growth of 50 percent or more in (MEWAs) and Certain Entities Claiming the number of employees to which ECE C Exception (ECEs)’’ (Form M–1) and any originated, for example, on April 1, provides coverage from the last day of the additional statements required in the 2000, a 90–day origination report is previous calendar year to any day in the instructions to the Form M–1. This required to be completed and filed no current calendar year, then no Form M–1 report is available by calling 1–800– later than June 30, 2000. report is required to be filed after March 1, (iv) Extensions. An extension may be 2001. 998–7542 and on the Internet at granted for filing a report if the Example 4. (i) MEWA D begins offering http://www.dol.gov/dol/pwba. administrator complies with the coverage to the employees of two or more (2) The Secretary may reject any filing extension procedure prescribed in the employers on January 1, 2000. MEWA D is under this section if the Secretary Instructions to the Form M–1. licensed or authorized to operate as a health determines that the filing is incomplete, (f) Filing address. A completed copy insurance issuer in every State in which it in accordance with § 2560.502c–5. offers coverage for medical care to of the Form M–1 is filed with the employees. (3) If the Secretary rejects a filing Secretary by sending it to the address under paragraph (d)(2) of this section, (ii) In this Example 4, the administrator of prescribed in the Instructions to the MEWA D is not required to file Form M–1 and if a revised filing satisfactory to the Form M–1. on May 1, 2000 because it is licensed or Secretary is not submitted within 45 (g) Civil penalties and procedures. For authorized to operate as a health insurance days after the notice of rejection, the information on civil penalties under issuer in every State in which it offers Secretary may bring a civil action for section 502(c)(5) of the Act for persons coverage for medical care to employees. such relief as may be appropriate who fail to file the information required Example 5. (i) MEWA E is originated on (including penalties under section September 1, 2000. under this section (including a (ii) In this Example 5, because MEWA E 502(c)(5) of the Act and § 2560.502c–5). transition rule applicable to filings due (e) Timing—(1) Period to be Reported. was originated on September 1, 2000, the in the year 2000), see § 2560.502c–5. For administrator of MEWA E must file a A completed copy of the Form M–1 is information relating to administrative completed copy of the Form M–1 on or required to be filed for each calendar hearings and appeals in connection with before November 30, 2000 (which is 90 days year during all or part of which the the assessment of civil penalties under after the origination date). In addition, the MEWA or ECE offers or provides section 502(c)(5) of the Act, see administrator of MEWA E must file a coverage for medical care to the § 2570.90 et seq. completed copy of the Form M–1 annually by employees of two or more employers (h) Examples. The rules of this section every March 1 thereafter. (including one or more self-employed are illustrated by the following (i) Compliance dates—(1) Subject to individuals). examples: paragraph (i)(2) of this section, reports (2) Filing deadline—(i) General March Example 1. (i) MEWA A began offering filed pursuant to this reporting 1 filing due date. Subject to the coverage for medical care to the employees requirement are first due by May 1, transition rule described in paragraph of two or more employers July 1, 1989 (and 2000. (Therefore, on May 1, 2000, filings (e)(2)(ii) of this section, a completed continuous to offer such coverage). MEWA A are due with respect to MEWAs or ECEs copy of the Form M–1 is required to be does not claim the exception under section 3(40)(A)(i) of ERISA. that provided coverage in calendar year filed on or before each March 1 that (ii) In this Example 1, the administrator of 1999.) follows a period to be reported (as MEWA A must file a completed copy of the (2) 90-Day Origination Reports described in paragraph (e)(1) of this Form M–1 by May 1, 2000. Furthermore, the (described in paragraph (e)(2)(ii) of this section). However, if March 1 is a administrator of MEWA A must file the Form section) are first due by May 1, 2000. Saturday, Sunday, or federal holiday, M–1 annually by every March 1 thereafter. Therefore, for an entity that is

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BILLING CODE 4510±29±P

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[FR Doc. 00–2935 Filed 2–10–00; 8:45 am] BILLING CODE 4510±29±C

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DEPARTMENT OF LABOR to the following address: • The provision of notice to the ‘‘[email protected]’’ (without administrator of the Department’s Pension and Welfare Benefits the quotation marks). intention to assess a penalty Administration All submissions will be open to (§ 2560.502c–5(c)); public inspection and copying from 8:30 • Waiver of all or part of the penalty 29 CFR Part 2560 a.m. to 4:30 p.m. in the Public by the Department upon a showing of Documents Room, Pension and Welfare RIN 1210±AA54 reasonable cause and the requirements Benefits Administration, U.S. relating to a showing of reasonable Interim Rule for the Assessment of Department of Labor, Room N–5638, cause (§ 2560.502c–5(d) and (e)); Civil Penalties Under Section 502(c)(5) 200 Constitution Avenue, NW., • The effect of a failure to file a of ERISA Washington, DC 20210. statement of reasonable cause FOR FURTHER INFORMATION CONTACT: (§ 2560.502c–5(f)); AGENCY: Pension and Welfare Benefits Amy J. Turner, Pension and Welfare • The provision of notice to the Administration, Department of Labor. Benefits Administration, U.S. administrator of the Department’s ACTION: Interim final rule with request Department of Labor, Rm C–5331, 200 findings as to reasonable cause and the for comments. Constitution Avenue, NW., Washington, effect of such notice where a penalty is DC 20210 (telephone (202) 219–7006). assessed (§ 2560.502c–5(g)); SUMMARY: This document contains an This is not a toll-free number. • The effect of a request for a hearing interim final rule that describes SUPPLEMENTARY INFORMATION: before an administrative law judge procedures relating to the assessment of (§ 2560.502c–5(h)); civil penalties under section 502(c)(5) of A. Background • Service of notices (§ 2560.502c– the Employee Retirement Income This document contains an interim 5(i)); Security Act of 1974, (ERISA) as final rule that provides guidance • The liability of the administrator for amended by the Health Insurance relating to the assessment of civil assessed penalties (§ 2560.502c–5(j)); Portability and Accountability Act of penalties under section 502(c)(5) of the • A cross-reference to procedural 1996 (HIPAA). Section 502(c)(5) Employee Retirement Income Security rules relating to administrative hearings authorizes the Secretary of Labor (the Act of 1974 (ERISA), as amended by the (§ 2560.502c–5(k)); and Secretary) to assess a civil penalty Health Insurance Portability and • An applicability date provision against any person of up to $1,000 a day Accountability Act of 1996 (Pub. L. (§ 2560.502c–5(l)). from the date of the person’s failure or 104–191) (HIPAA), for the failure or In general, the assessment of penalties refusal to file the information required refusal to file a report pursuant to under section 502(c)(5) and to be filed by such person with the section 101(g){h} 1 of ERISA, as § 2560.502c–5 would occur only in Secretary under regulations prescribed amended by HIPAA. This regulation is those instances where the administrator { } pursuant to section 101(g) h of ERISA. designed to parallel the procedures set fails or refuses to file a report within the The interim final rule clarifies the forth in § 2560.502c–2 regarding civil prescribed time frames or, after manner in which the Secretary will penalties under section 502(c)(2) of notification that the report has been assess penalties under ERISA section ERISA relating to reports required to be rejected and the reasons therefor, where 502(c)(5), as amended by HIPAA, and filed under ERISA section 101(b)(4). the administrator fails or refuses to file the procedures for agency review. a corrected report within the 45 day Separate documents containing interim B. Overview of the Interim Final Rule period prescribed in § 2560.502c– final rules implementing the reporting Section 502(c)(5) provides that the 5(b)(3). Accordingly, in the case of a requirement under section 101(g){h} of Secretary may assess a civil penalty report rejected under § 2520.101– ERISA and interim final rules relating to against any person of up to $1,000 a day 2(d)(2), the administrator can avoid the procedures for administrative hearings from the date of the person’s failure or assessment of any penalty under section and appeals on assessments of penalties refusal to file the report required to be 502(c)(5) by making the necessary under ERISA section 502(c)(5) appear filed under section 101(g){h}. In order corrections to the filing within the separately in this issue of the Federal to implement this provision, the prescribed time frame. Moreover, as Register. Department is publishing this interim reflected in paragraph (g) of the interim DATES: Effective date: This interim final final rule, and, in a separate document, final rule, penalties may be waived, in rule is effective April 11, 2000. interim final rules relating to procedures whole or in part, upon the Comment date: Written comments are for administrative hearings and appeals administrator’s showing of reasonable invited and must be received by the on assessments of civil penalties under cause for the failure to file a complete Department on or before March 13, ERISA section 502(c)(5). or timely report. In general, the interim final rule in 2000. C. Discussion of the Interim Final Rule Applicability date: This section § 2560.502c–5, discussed in detail applies to administrators of multiple below, addresses: 1. Scope • The circumstances under which a employer welfare arrangements that are penalty may be assessed (§ 2560.502c– Paragraph (a) of the interim final rule not group health plans beginning May 1, 5(a)); addresses the general application of 2000. • Factors considered by the section 502(c)(5). Paragraph (a)(1) ADDRESSES: Interested persons are Department in determining the amount provides that the administrator of a invited to submit written comments of a penalty (§ 2560.502c–5(b)); MEWA that is not a group health plan (preferably with three copies) to: and for which a report is required to be { } Pension and Welfare Benefits 1 Both the Small Business Job Protection Act of filed under section 101(g) h of ERISA Administration, Room C–5331, U.S. 1996 (Pub. L. 104–188) and the Health Insurance and § 2520.101–2 is liable for the Department of Labor, 200 Constitution Portability and Accountability Act of 1996 (Pub. L. penalties assessed under section 104–191) created a new section 101(g) of EIRSA. Avenue, NW., Washington, DC 20210. Accordingly, section 101(g) of ERISA that relates to 502(c)(5) for each failure or refusal to Attention: MEWA reporting. Written reporting by certain arrangements is referred to in file a completed report. Accordingly, if comments may also be sent by Internet this document as section 101(g){h} of ERISA. a person is required to file more than

VerDate 272000 19:46 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\11FER2.SGM pfrm04 PsN: 11FER2 7182 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations one report because that person serves an Paragraph (b)(3) defines the date on complete report or why the penalty, as administrator with respect to several which an administrator failed or refused calculated, should not be assessed. entities for which a filing is required, to file the report as the date on which Paragraph (e) requires that the statement separate penalties may be assessed with the report was due (determined without of reasonable cause be in the form of a respect to each instance for which there regard to any extension of time for written statement that sets forth all the is a failure or refusal to file the required filing). In this regard, paragraph (b)(3) facts alleged in support of reasonable report. Paragraph (a)(2) defines a failure provides that a report which is rejected cause and contains a declaration by the or refusal to file the report as a failure under § 2520.101–2(d)(2) shall be administrator that the statement is made or refusal to file, in whole or in part, treated as a failure to file the report under penalties of perjury. that information described in ERISA when a revised report meeting the Paragraph (f) describes the effect of a section 101(g){h} and § 2520.101–2, at requirements of this section is not filed failure to file the statement of the time and in the manner prescribed within 45 days of the date of the reasonable cause within the prescribed for such filings. Accordingly, the filing Department’s notice of rejection. 30 day period. A failure on the part of of an incomplete report will be treated In those situations where an extension the administrator to file a timely as a failure to file under section of time is granted for the filing of the statement of reasonable cause will 502(c)(5). See § 2520.101–2(d)(2). report and the administrator fails either constitute a waiver of the right to appear to file a timely report or a complete and contest the facts alleged in the 2. Amount Assessed report within the extension period, the Department’s notice and an admission Paragraph (b)(1) of the interim final administrator should not, for purposes of the facts alleged in the notice for rule provides that the Department shall of the section 502(c)(5) penalty, benefit purposes of any adjudicatory take into account the degree and/or from the requested extension. proceeding involving the assessment of willfulness of the failure to file the Accordingly, the interim rule states that a penalty under section 502(c)(5). Under report in determining the amount to be for purposes of paragraph (b)(3), the paragraph (f), the Department’s notice of assessed under section 502(c)(5). penalty is assessed beginning on the day intent to assess a penalty, described in Consistent with the terms of section after the date of the administrator’s paragraph (c), then becomes a final 502(c)(5), paragraph (b)(1) provides that failure or refusal to file the report. order of the Secretary, within the the penalty assessed by the Department meaning of paragraph (g) of § 2570.91. 3. Notice of Penalty shall not exceed $1,000 a day. With (See §§ 2570.90 et seq., published regard to the period for which a penalty Paragraph (c) of the interim final rule separately in this issue of the Federal may be assessed, paragraph (b)(1) provides that, prior to the assessment of Register). provides that the penalty generally will any penalty under section 502(c)(5), the Paragraph (g)(1) of the interim final be computed from the date of the Department shall provide the rule provides that, following a review of administrator’s failure or refusal to file administrator with a written notice the facts alleged in the statement of the report and continue up to the date indicating the Department’s intent to reasonable cause, the Department, in a on which a report meeting the assess a penalty under section 502(c)(5), notice of determination, shall notify the requirements of section 101(g){h} and the amount of the penalty, the period to administrator of its intention to waive § 2520.101–2, as determined by the which the penalty applies, and a the penalty, in whole or in part, and/or Secretary, is filed. Accordingly, under statement of the facts and reasons for assess a penalty. If it is the intention of paragraph (b)(1) of this section, liability the penalty. This notice is to be served the Department to assess a penalty, the for penalties under section 502(c)(5) in accordance with the service of notice notice shall indicate the amount of the would continue for each day up to the provisions of § 2560.502c–5(i) of this penalty and a brief statement of the date compliance is achieved. However, interim final rule. Under § 2560.502c– reasons for assessing the penalty. Under under paragraph (b)(2), the interim final 5(f) of this interim final rule, this notice paragraph (g)(2), this notice becomes a rule provides for tolling of the daily becomes a final order of the Secretary, final order 30 days after the date of penalty where, upon receipt of a notice within the meaning of § 2570.91(g) (see service of the notice, except as provided of intent to assess a penalty (as interim final rules §§ 2570.90 et seq., in paragraph (h). In general, paragraph described in paragraph (c)), the published separately in this issue of the (h) provides that the notice described in administrator files with the Department Federal Register), within 30 days of the paragraph (g) shall not become a final a statement of reasonable cause for the service of notice, unless a statement of order unless, within 30 days of the date failure to file (as described in paragraph reasonable cause, described in of service of the notice, the (e)). Under paragraph (b)(2), the § 2560.502c–5(e) of the interim final administrator or representative thereof administrator will not incur liability for rule, is filed with the Department. files a request for a hearing under penalties for any day beginning with the § 2570.90 et seq. (published separately 4. Waiver of Penalty date the Department serves the in this issue of the Federal Register), administrator a copy of the notice to Paragraphs (d), (e), (f), (g) and (h) of and files an answer to the notice. The assess a penalty and ending with the the interim final rule generally relate to request for hearing and answer shall be day after the Department issues the the waiver of penalties under section filed in accordance with § 2570.92. The notice of determination on the statement 502(c)(5). Paragraph (d) provides that answer opposing the proposed sanction of reasonable cause (as described in the Department may waive all or part of shall be in writing, and supported by paragraph(g)). This limited tolling of the the penalty to be assessed under section reference to specific circumstances or penalty will permit MEWA 502(c)(5) upon a showing of reasonable facts surrounding the notice of administrators to present arguments to cause for the failure to file the report. determination issued pursuant to the Department concerning any Paragraph (e) provides that, subsequent paragraph (g). reasonable cause for the failure to file to the issuance of a notice of the without incurring penalties for the Department’s intent to assess a penalty, 5. Service of Notices period of time during which the the administrator shall have 30 days Paragraph (i) of the interim final rule administrator’s statement of reasonable from the date of the service of notice to describes the manner in which the cause is being considered by the make an affirmative showing of notice of intent to assess a penalty, Department. reasonable cause for the failure to file a described in paragraph (c), and the

VerDate 272000 19:46 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\11FER2.SGM pfrm04 PsN: 11FER2 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations 7183 notice of determination on a statement Welfare Benefits Administration’s help Department has determined that this of reasonable cause, described in desk (202–219–8818) is available in case regulatory action is not significant paragraph (g), will be served. Under administrators have questions or if they within the meaning of the Executive paragraph (i) of the interim final rule, need any assistance with filings. Order. service of notice shall be made either: D. Interim Final Rule With Request for F. Paperwork Reduction Act (1) By delivering a copy to the Comments administrator or the administrator’s The rule being issued here is not representative; (2) by leaving a copy at Section 734 of ERISA (formerly subject to the requirements of the the principal office, place of business, or section 707) authorizes the Secretary of Paperwork Reduction Act of 1995 (44 residence of the administrator or the Labor, consistent with section 104 of U.S.C. 3501 et seq.) because it does not administrator’s representative; or (3) by HIPAA, to promulgate any such contain an ‘‘information collection mailing a copy to the last known regulations as may be necessary or request’’ as defined in 44 U.S.C. 3502(3). appropriate to carry out the provisions address of the administrator or the G. Regulatory Flexibility Act administrator’s representative. If service of Part 7 of ERISA. In addition, this is accomplished by certified mail, section specifically authorizes the The Regulatory Flexibility Act, 5 service is complete upon mailing. If Secretary to promulgate any interim U.S.C. 601 et seq., (RFA) requires each service is done be regular mail, service final rules as the Secretary determines Federal agency to perform an initial is complete upon receipt by the are appropriate to carry out Part 7 of regulatory flexibility analysis for all addressee. ERISA. In addition, section 505 of rules subject to the notice and comment ERISA authorizes the Secretary to requirements of section 553(b) of the 6. Liability prescribe such regulations as the Administrative Procedure Act (5 U.S.C Paragraph (j) of the interim final rule Secretary finds necessary or appropriate 551 et seq.) unless the head of the clarifies the liability of the parties for to carry out the provisions of Title I of agency certifies that the rule will not, if penalties assessed under section ERISA. The report required to be filed promulgated, have a significant 502(c)(5). Paragraph (j)(1) provides that under section 101(g)(h) is for the economic impact on a substantial if more than one person is responsible purpose of determining the extent to number of small entities. Small entities as administrator for the failure to file the which the requirements of Part 7 are include small businesses, organizations, report, all such persons shall be jointly being carried out. Accordingly, the and governmental jurisdictions. and severally liable for such failure. Department has determined that issuing Because these rules are being issued Paragraph (j)(2) provides that any this regulation in interim final form is as interim final rules and not as a notice person against whom a penalty is necessary in order for the Secretary to of proposed rulemaking, the RFA does assessed under section 502(c)(5) is continue to effectively enforce the not apply and the Department is not personally liable for the payment of requirements of section 101(g){h} of required to either certify that the rule such penalty. Paragraph (j)(2) is ERISA and the implementing will not have a significant impact on a intended to make clear that liability for regulations under § 2520.101–2. Written substantial number of small entities or the payment of penalties assessed under comments on these interim rules are conduct a regulatory flexibility analysis. section 502(c)(5) is the personal liability invited. The Department does not anticipate that of the person against whom the penalty this interim final rule will impose a E. Executive Order 12866 Statement is assessed and not a liability of the significant impact on a substantial MEWA. Accordingly, assets of the Under Executive Order 12866, the number of small entities, however, MEWA can not be used to pay the Department must determine whether a regardless of whether one uses the penalty. regulatory action is ‘‘significant’’ and definition of small entity found in therefore subject to the requirements of regulations issued by the Small 7. Applicability the Executive Order and subject to Business Administration (13 CFR Paragraph (l) of the interim rule review by the Office of Management and 121.201) or one defines small entity, on clarifies that this section generally Budget (OMB). Under section 3(f) of the the basis of section 104(a)(2) of ERISA, applies to administrators of multiple Executive Order, a ‘‘significant as an employee benefit plan with fewer employer welfare arrangements that are regulatory action’’ is an action that is than 100 participants. The Department not group health plans beginning May 1, likely to result in a rule (1) having an invites comments on the effect of this 2000. Under a transition safe harbor annual effect on the economy of $100 interim final rule on small entities. period, however, no civil penalty will million or more, or adversely and be assessed against an administrator that materially affecting a sector of the H. Small Business Regulatory has made a good faith effort to comply economy, productivity, competition, Enforcement Fairness Act with a § 2520.101–2 filing that is due in jobs, the environment, public health or The interim final rule being issued the Year 2000. This transition rule was safety, or State, local or tribal here is subject to the provisions of the created because, during this first year in governments or communities (also Small Business Regulatory Enforcement particular, the Department is focused on referred to as ‘‘economically Fairness Act of 1996 (5 U.S.C. 801 et educating administrators about this significant’’); (2) creating serious seq.) and has been transmitted to filing requirement and is committed to inconsistency or otherwise interfering Congress and the Comptroller General working with them to help them with an action taken or planned by for review. The rule is not a ‘‘major comply. In this regard, the Department another agency; (3) materially altering rule’’ as that term is defined in 5 U.S.C. has developed filers’ guides which may the budgetary impacts of entitlement 804, because it is not likely to result in be helpful in filing the Form M–1. These grants, user fees, or loan programs or the (1) an annual effect on the economy of filers’ guides will be made available on rights and obligations of recipients $100 million or more; (2) a major the Pension and Welfare Benefits thereof; or (4) raising novel legal or increase in costs or prices for Administration’s website at policy issues arising out of legal consumers, individual industries, or www.dol.gov/dol/pwba and through mandates, the President’s priorities, or federal, State, or local government their toll-free publication hotline at 1– the principles set forth in the Executive agencies, or geographic regions; or (3) 800–998–7542. Also, the Pension and Order. On the basis of these criteria, the significant adverse effects on

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Unfunded Mandates Reform Act under section 502(c)(5) of the Act for under section 502(c)(5), the Department For purposes of the Unfunded each failure or refusal to file a shall provide to the administrator of the Mandates Reform Act of 1995 (Pub. L. completed report required to be filed MEWA a written notice indicating the 104–4), as well as Executive Order under section 101(g){h} and § 2520.101– Department’s intent to assess a penalty 12875, this proposed rule does not 2. The term ‘‘administrator’’ is defined under section 502(c)(5), the amount of include any Federal mandate that may in § 2520.101–2(b). such penalty, the period to which the result in expenditures by State, local, or (2) For purposes of this section, a penalty applies, and a statement of the tribal governments, and will not impose failure or refusal to file the report facts and the reason(s) for the penalty. an annual burden of $100 million or required to be filed under section (d) Waiver of assessed penalty. The { } more on the private sector. 101(g) h shall mean a failure or refusal Department may waive all or part of the to file, in whole or in part, that penalty to be assessed under section Statutory Authority information described in section { } 502(c)(5) on a showing by the The interim final rule set forth herein is 101(g) h and § 2520.101–2, on behalf of administrator that there was reasonable issued pursuant to the authority contained in the MEWA, at the time and in the section 502(c)(5) of ERISA (Pub. L. 104–191, cause for the failure to file the report. manner prescribed therefor. (e) Showing of reasonable cause. 110 Stat. 1936, 1952, 29 U.S.C. 1132(c)(5)), (b) Amount assessed.—(1) The Upon issuance by the Department of a section 505 of ERISA (Pub. L. 93–406, 88 amount assessed under section 502(c)(5) Stat. 892, 894, 29 U.S.C. 1135) and section notice of intent to assess a penalty, the shall be determined by the Department 734 of ERISA (Pub. L. 104–204, 110 Stat. administrator shall have 30 days from of Labor, taking into consideration the 2874, 2935, 29 U.S.C. 1194c), and under the date of the service of notice, as degree and/or willfulness of the failure Secretary of Labor’s Order 1–87, 52 FR described in paragraph (i) of this to file the report. However, the amount 13139, April 21, 1987. section, to file a statement of reasonable assessed under section 502(c)(5) of the cause for the failure to file a complete List of Subjects in 29 CFR Part 2560 Act shall not exceed $1,000 a day, Claims, Employee benefit plans, computed from the date of the report or why the penalty, as calculated, Employee Retirement Income Security administrator’s failure or refusal to file should not be assessed. A showing of Act, Law enforcement, Multiple the report and, except as provided in reasonable cause must be made in the Employer Welfare Arrangements, paragraph (b)(2) of this section, form of a written statement setting forth Pension and Welfare Benefits continuing up to the date on which a all the facts alleged as reasonable cause. Administration, Reporting and report meeting the requirements of The statement must contain a disclosure. section 101(g){h} and § 2520.101–2, as declaration by the administrator that the For the reasons set out in the determined by the Secretary, is filed. statement is made under the penalties of preamble, Part 2560 of Chapter XXV of (2) If, upon receipt of a notice of perjury. Title 29 of the Code of Federal intent to assess a penalty (as described (f) Failure to file a statement of Regulations is amended as follows: in paragraph (c) of this section), the reasonable cause. Failure of an administrator files a statement of administrator to file a statement of PART 2560Ð[AMENDED] reasonable cause for the failure to file, reasonable cause within the 30 day in accordance with paragraph (e) of this period described in paragraph (e) of this 1. The authority for Part 2560 is section shall be deemed to constitute a revised to read: section, a penalty shall not be assessed for any day from the date the waiver of the right to appear and contest Authority: 29 U.S.C. 1132, 1135, 1194 and Department serves the administrator the facts alleged in the notice, and such Secretary’s Order 1–87, 52 FR 13139 (April with a copy of such notice until the day failure shall be deemed an admission of 21, 1987). after the Department serves notice on the facts alleged in the notice for Section 2560.502–1 also issued under 29 purposes of any proceeding involving U.S.C. 1132(b)(2). the administrator of its determination Section 2560.502i–1 also issued under 29 on reasonable cause and its intention to the assessment of a civil penalty under U.S.C. 1132(i). assess a penalty (as described in section 502(c)(5). Such notice shall then Section 2560.503–1 also issued under 29 paragraph (g) of this section). become a final order of the Secretary, U.S.C. 1133. (3) For purposes of this paragraph, the within the meaning of § 2570.91(g). 2. Part 2560 is amended by adding date on which the administrator failed (g) Notice of the determination on § 2560.502c–5 to read: or refused to file the report shall be the statement of reasonable cause—(1) The date on which the report was due Department, following a review of all § 2560.502c±5ÐCivil penalties under (determined without regard to any the facts alleged in support of a section 502(c)(5). extension of time for filing). A report complete or partial waiver of the (a) In general. (1) Pursuant to the which is rejected under § 2520.101–2 penalty, shall notify the administrator, authority granted the Secretary under shall be treated as a failure to file a in writing, of its intention to waive the section 502(c)(5) of the Employee report when a revised report meeting penalty, in whole or in part, and/or Retirement Income Security Act of 1974 the requirements of this section is not assess a penalty. If it is the intention of Pub.L. 93–406, 88 Stat. 840–52, as filed within 45 days of the date of the the Department to assess a penalty, the amended by Pub. L. 104–191, 101 Stat. Department’s notice of rejection. If a notice shall indicate the amount of the 1936) (the Act), the administrator of a revised report meeting the requirements penalty, not to exceed the amount multiple employer welfare arrangement of this section, as determined by the described in paragraph (c) of this (MEWA) (within the meaning of section Secretary, is not submitted within 45 section, and a brief statement of the 3(40)(A) of the Act) that is not a group days of the date of the notice of rejection reasons for assessing the penalty.

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(2) Except as provided in paragraph Signed at Washington DC, this 4th day of Pension and Welfare Benefits (h) of this section, a notice issued February, 2000. Administration, Room C–5331, U.S. pursuant to this paragraph indicating Leslie B. Kramerich, Department of Labor, 200 Constitution the Department’s intention to assess a Acting Assistant Secretary, Pension and Avenue, NW., Washington, DC 20210. penalty shall become a final order, Welfare Benefits Administration, Department Attention: MEWA reporting. Written within the meaning of § 2570.91(g), 30 of Labor. comments may also be sent by Internet days after the date of service of the [FR Doc. 00–2936 Filed 2–10–00; 8:45 am] to the following address: notice. BILLING CODE 4510±29±P ‘‘[email protected]’’ (without (h) Administrative hearing. A notice the quotation marks). issued pursuant to paragraph (g) of this All submissions will be open to section will become the final order of DEPARTMENT OF LABOR public inspection and copying from 8:30 the Department of Labor, unless, within a.m. to 4:30 p.m. in the Public Pension and Welfare Benefits Documents Room, Pension and Welfare 30 days from the date of the service of Administration the notice, the administrator or Benefits Administration, U.S. Department of Labor, Room N–5638, representative thereof files a request for 29 CFR Part 2570 a hearing under § 2570.90 et seq., and 200 Constitution Avenue, NW., files and answer to the notice. The RIN 1210±AA54 Washington, DC 20210. request for hearing and answer shall be FOR FURTHER INFORMATION CONTACT: filed in accordance with § 2570.92. The Interim Rule Governing Procedures for Amy J. Turner, Pension and Welfare answer opposing the proposed sanction Administrative Hearings Regarding the Benefits Administration, U.S. shall be in writing, and supported by Assessment of Civil Penalties under Department of Labor, Rm C–5331, 200 reference to specific circumstances or Section 502(c)(5) of ERISA Constitution Avenue, NW., Washington, DC 20210 (telephone (202) 219–7006). facts surrounding the notice of AGENCY: Pension and Welfare Benefits This is not a toll-free number. determination issued pursuant to Administration, Department of Labor. SUPPLEMENTARY INFORMATION: paragraph (g). ACTION: Interim final rule with request (i) Service of notice—(1) Service of for comments. A. Background notice shall be made either: SUMMARY: This document contains an This document contains an interim (i) By delivering a copy to the final rule that provides guidance administrator or representative thereof; interim final rule that describes procedures relating to administrative relating to the procedures for (ii) By leaving a copy at the principal administrative hearings and appeals office, place of business, or residence of hearings, in connection with the assessment of civil penalties under regarding the assessment of civil the administrator or representative penalties under section 502(c)(5) of the thereof; or section 502(c)(5) of the Employee Retirement Income Security Act of 1974 Employee Retirement Income Security (iii) By mailing a copy to the last Act of 1974 (ERISA), as amended by the known address of the administrator or (ERISA), as amended by the Health Insurance Portability and Health Insurance Portability and representative thereof. Accountability Act of 1996 (Pub. L. Accountability Act of 1996 (HIPAA). (2) If service is accomplished by 104–191) (HIPAA), for the failure or Section 502(c)(5) of ERISA authorizes certified mail, service is complete upon refusal to file a completed report the Secretary of Labor (the Secretary) to mailing. If done by regular mail, service pursuant to section 101(g){h} 1 of assess a civil penalty against any person is complete upon receipt by the ERISA, as amended by HIPAA. This of up to $1,000 a day from the date of addressee regulation is designed to parallel the the person’s failure or refusal to file the procedures set forth in § 2570.502c–2 (j) Liability—(1) If more than one information required to be filed by such regarding civil penalties under section person is responsible as administrator person with the Secretary under 502(c)(2) of ERISA relating to reports for the failure to file the report, all such regulations prescribed pursuant to required to be filed under ERISA section persons shall be jointly and severally section 101(g){h} of ERISA. Separate 104(b)(4). liable with respect to such failure. documents are also being published (2) Any person against whom a civil today in the Federal Register containing B. Overview of the Interim Final Rule penalty has been assessed under section interim final rules implementing the Section 502(c)(5) provides that the 502(c)(5) pursuant to a final order, reporting requirement under section within the meaning of § 2570.91(g), { } Secretary may assess a civil penalty 101(g) h of ERISA and interim final against any person of up to $1,000 a day shall be personally liable for the rules describing the manner in which payment of such penalty. from the date of the person’s failure or the Department will assess civil refusal to file the report required to be (k) Cross-reference. See §§ 2570.90 penalties under ERISA section 502(c)(5). filed under section 101(g){h}. In order through 101 of this chapter for DATES: Effective date: This interim final to implement this provision, the procedural rules relating to rule is effective April 11, 2000. Department is publishing this interim administrative hearings under section Comment date: Written comments are final rule, and in a separate document, 502(c)(5) of the Act. invited and must be received by the an interim final rule describing the (l) Applicability date—(1) In general. Department on or before March 13, manner in which the Department will This section applies to administrators of 2000. assess civil penalties under ERISA multiple employer welfare arrangements Applicability Date: This section section 502(c)(5). See § 2560.502c–5. that are not group health plans applies to administrators of multiple beginning May 1, 2000. employer welfare arrangements that are 1 Both the Small Business Job Protection Act of (2) Transitional safe harbor period. not group health plans beginning May 1, 1996 (Pub. L. 104–188) and the Health Insurance No civil penalty will be assessed against 2000. Portability and Accountability Act of 1996 (Pub. L. ADDRESSES: 104–191) created a new section 101(g) of ERISA. an administrator that has made a good Interested persons are Accordingly, section 101(g) of ERISA that relates to faith effort to comply with a § 2520.101– invited to submit written comments reporting by certain arrangements is referred to in 2 filing that is due in the Year 2000. (preferably with three copies) to: this document as section 101(g){h} of ERISA.

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This document contains an interim § 18.20 Admissions. C. Discussion of the Interim Final Rules final rule that establishes procedures for § 18.21 Motion to compel discovery. 1. In General hearings before an Administrative Law § 18.22 Depositions. Judge (ALJ) with respect to an § 18.23 Use of depositions at hearings. The applicability of these procedural assessment by the Department of Labor § 18.24 Subpoenas. rules under section 502(c)(5) is set forth (the Department) of a civil penalty § 18.25 Designation of administrative law in § 2570.90. In this regard, it should be under section 502(c)(5), and for appeals judge. noted that the procedural rules of an ALJ decision to the Secretary or § 18.26 Conduct of hearings. contained herein apply only to § 18.27 Notice of hearing. the Secretary’s delegate. In this regard, adjudicatory proceedings before ALJs of § 18.28 Continuances. the U.S. Department of Labor. The the Secretary has established the § 18.29 Authority of administrative law Pension and Welfare Benefits interim rule in § 2560.502c–5, also being judge. published today, sets forth the Administration (PWBA) within the § 18.30 Unavailability of administrative law Department for the purpose of carrying procedures relating to issuance by judge. PWBA of notices of intent to assess a out most of the Secretary’s § 18.31 Disqualification. penalty under ERISA section 502(c)(5), responsibilities under ERISA. See § 18.32 Separation of functions. Secretary of Labor’s Order 1–87, 52 FR § 18.33 Expedition. as well as procedures for agency review 13139 (April 21, 1987). § 18.34 Representation. of statements of reasonable cause filed The Department has published rules § 18.35 Legal assistance. by persons against whom a penalty is of practice and procedure for § 18.36 Standards of conduct. assessed. Under the interim final rule administrative hearings before the § 18.37 Hearing room conduct. contained in this notice, an adjudicatory Office of Administrative Law Judges in § 18.38 Ex parte communications. proceeding before an ALJ is commenced Subpart A of 29 CFR Part 18, 48 FR § 18.39 Waiver of right to appear and failure only when a person against whom the 32538 (1983). As explained in 29 CFR to participate or to appear. Department intends to assess a penalty 18.1, those provisions generally govern § 18.40 Motion for summary decision. under section 502(c)(5) files an answer administrative hearings before ALJs § 18.42 Expedited proceedings. to a notice of the agency’s determination assigned to the Department and are § 18.43 Formal hearings. on a statement of reasonable cause. See intended to provide maximum § 18.44 Evidence. § 2570.91(c) and (d) below, and uniformity in the conduct of § 18.45 Official notice. § 2560.502c–5(h), published separately administrative hearings. However, in § 18.46 In camera and protective orders. in this issue of the Federal Register. § 18.47 Exhibits. the event of an inconsistency or conflict The definitional section (§ 2570.91) of § 18.48 Records in other proceedings. these interim final rules incorporates between the provisions of Subpart A of § 18.49 Designation of parts of documents. the basic adjudicatory principles set 29 CFR Part 18 and a rule or procedure § 18.50 Authenticity. forth in Subpart A of 29 CFR Part 18, required by statute, executive order, or § 18.51 Stipulations. but includes terms and concepts of regulation, the latter controls. § 18.52 Record of hearings. specific relevance to proceedings under The Department has reviewed the § 18.53 Closing of hearings. applicability of the provisions of ERISA section 502(c)(5). In this respect, § 18.54 Closing the record. it differs from its more general Subpart A of 29 CFR Part 18 to the § 18.55 Receipt of documents after hearing. assessment of civil penalties under counterpart at § 18.2 of this title. In § 18.56 Restricted access. particular, § 2570.91 states that the term ERISA section 502(c)(5) and has decided § 18.59 Certification of official record. ‘‘Secretary’’ means the Secretary of to adopt many, though not all, of the This interim final rule relates provisions of Subpart A of 29 CFR Part Labor and includes various persons to specifically to procedures for assessing whom the Secretary may delegate 18 for these proceedings. Accordingly, civil penalties under section 502(c)(5) of adjudications relating to civil penalties authority. This definition is not ERISA and are controlling to the extent intended to suggest any limitation on under ERISA section 502(c)(5) will be they are inconsistent with any portion 2 the authority that the Secretary has governed by the following sections of of Subpart A of 29 CFR Part 18. This Subpart A of 29 CFR Part 18: delegated to the Assistant Secretary for interim final rule is designed to Pension and Welfare Benefits. As noted § 18.4 Time computations. maintain the maximum degree of above, the Secretary of Labor has § 18.5 (c) through (e) Responsive uniformity with the rules set forth in delegated most of his or her authority pleadings—answer and request for Subpart A of 29 CFR Part 18 consistent under ERISA to the Assistant Secretary hearing. with the need for an expedited § 18.6 Motions and requests. for Pension and Welfare Benefits. Thus, § 18.7 Prehearing statements. procedure, while recognizing the special the Department contemplates that the § 18.8 Prehearing conferences. characteristics of proceedings under duties assigned to the Secretary under § 18.11 Consolidation of hearings. ERISA section 502(c)(5). For purposes of the procedural regulation will in fact be § 18.12 Amicus curiae. clarity, where a particular section of the discharged by the Assistant Secretary § 18.13 Discovery methods. existing procedural rules would be for Pension and Welfare Benefits or a § 18.15 Protective orders. affected by these interim final rules, the properly authorized delegate. § 18.16 Supplementation of responses. entire section of the existing procedural § 18.17 Stipulations regarding discovery. rules (with the appropriate 2. Proceedings Before Administrative § 18.18 Written interrogatories to parties. Law Judges § 18.19 Production of documents and other modifications) has been set out in this evidence; entry upon land for inspection document. Thus, only a portion of the In general, the burden to initiate and other purposes; and physical and provisions of the procedural rules set adjudicatory proceedings before an ALJ mental examination. forth below involve changes from, or will be on the party against whom the additions to, the rules in Subpart A of Department is seeking to assess a civil 2 To the extent that any provision of Subpart A 29 CFR Part 18. The specific penalty under ERISA section 502(c)(5) of 29 CFR Part 18 is not incorporated, the modifications to the rules in Subpart A (the respondent). However, a provisions detailed in this section are intended to govern the rules of practice and procedure for 29 CFR Part 18, and their relationship respondent must have complied with administrative hearings relating to civil penalties to the conduct of these proceedings the procedures relating to agency review under ERISA section 502(c)(5). generally, are outlined below. set forth in § 2560.502c–5 before

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That section also 2570.100 provides that review by the in § 2560.502c–5(c), and the notice of provides that the decision of the ALJ, Secretary shall not be on a de novo determination on a statement of which incorporates such consent order, basis, but rather on the basis of the reasonable cause, as described in shall become a final agency action record before the ALJ, and without an § 2560.502c–5(g), will be issued by within the meaning of 5 U.S.C. 704. opportunity for oral argument. Section PWBA, the agency responsible for Finally, this section prescribes rules for 2570.101 sets forth the procedure for administration and enforcement of the content, submission and disposition establishing a briefing schedule for such ERISA section 502(c)(5), in accordance of any settlement agreement under this appeals, and states that the decision of with the service of notice provisions section, and a process for settling the the Secretary on such an appeal shall be described in § 2560.502c–5(i). Paragraph whole or any part of the issues where all a final agency action within the (c) of § 2570.91 (relating to respondent’s parties have not consented to the terms meaning of 5 U.S.C. 704. As noted answer), paragraph (d) of § 2570.91 of the proposed settlement. above, the authority of the Secretary (relating to commencement of Section 2570.96 states that discovery with respect to the appellate procedures proceedings), and paragraph (h) of may be ordered by the ALJ only upon has been delegated to the Assistant § 2570.91 (relating to administrative a showing of good cause by the party Secretary for Pension and Welfare hearings) contemplate that adjudicatory seeking discovery. This differs from the Benefits. As required by the proceedings will be initiated with the more liberal standard for discovery Administrative Procedure Act (5 U.S.C. filing by a respondent of an answer to contained in 29 CFR 18.14. In cases in 552(a)(2)(A)), all final decisions of the a notice of the agency’s determination which discovery is ordered by the ALJ, Department under section 502(c)(5) of on a statement of reasonable cause. the order shall expressly limit the scope ERISA shall be compiled in the Public The service of documents by the and terms of discovery to that for which Documents Room of the Pension and parties to an adjudicatory proceeding, as good cause has been shown. To the Welfare Benefits Administration, Room well as by the ALJ, will be governed by extent that the order of the ALJ does not N–5638, U.S. Department of Labor, 200 § 2570.92 of these interim final rules. specify rules for the conduct of the Constitution Avenue NW., Washington, In general, the rules in Subpart A of discovery permitted by such order, the DC 20210. 29 CFR Part 18 concerning the rules governing the conduct of computation of time, pleadings and discovery from Subpart A of 29 CFR D. Interim Rule With Request for motions, and prehearing conferences Part 18 are to be applied in these Comments and statements, are adopted in these proceedings under section 502(c)(5). For Section 734 of ERISA (formerly procedures for adjudications under example, if the order of the ALJ states section 707) authorizes the Secretary of ERISA section 502(c)(5). The section on only that interrogatories on certain Labor, consistent with section 104 of the designation of parties (§ 2570.93) subjects may be permitted, the rules HIPAA, to promulgate any such differs from its counterpart under under Subpart A of 29 CFR Part 18 regulations as may be necessary or § 18.10 of this title in that it specifies concerning the service and answering of appropriate to carry out the provisions that the respondent in these proceedings such interrogatories shall apply. The of Part 7 of ERISA. In addition, this will, as indicated above, be the party procedures under Subpart A of 29 CFR section authorizes the Secretary to against whom the Department seeks to Part 18 for the submission of facts to the promulgate any interim final rules as assess a civil penalty under ERISA ALJ during the hearing are also to be the Secretary determines are appropriate section 502(c)(5). applied in proceedings under ERISA to carry out Part 7 of ERISA. In addition, Section 2590.94 describes the section 502(c)(5). section 505 of ERISA authorizes the consequences of default. This section The section on summary decisions Secretary to prescribe such regulations provides that if the respondent fails to (§ 2570.97) provides the requisite as the Secretary finds necessary or file an answer to the Department’s authorization for an ALJ to issue a appropriate to carry out the provisions notice of determination, described in summary decision which may become of Title I of ERISA. The report required § 2560.502c–5(g), within the 30-day final when there are no genuine issues to be filed under section 101(g)(h) is for period provided by § 2560.502c–5(h), of material fact in a case arising under the purpose of determining the extent to such failure shall be deemed to ERISA section 502(c)(5). The section which the requirements of Part 7 are constitute a waiver of the right to appear concerning the decision of the ALJ being carried out. Accordingly, the and contest the facts alleged in the (§ 2570.98) differs from its counterpart Department has determined that issuing notice and an admission of the facts at § 18.57 of this title in that it states that this regulation in interim final form is alleged in the notice for purposes of any the decision of the ALJ in a section necessary in order for the Secretary to proceeding involving the assessment of 502(c)(5) case shall become the final enforce the reporting requirements of a civil penalty under section 502(c)(5). decision of the Secretary unless a timely section 101(g)(h) of ERISA and the Section 2570.94 clarifies that, in the appeal is filed. implementing regulations under event of such a failure, the assessment § 2520.101–2. Written comments on 3. Review by the Secretary of the penalty becomes final. these interim rules are invited. Section 2590.95 addresses consent The procedures for appeals of ALJ orders or settlements. This section decisions under ERISA section 502(c)(5) E. Executive Order 12866 Statement permits parties, up to 5 days prior to a are governed solely by the rules set forth Under Executive Order 12866, the scheduled hearing, to request that a in §§ 2570.99 through 2570.101, and Department must determine whether a hearing be deferred for a reasonable without any reference to the appellate regulatory action is ‘‘significant’’ and period of time to permit negotiation of procedures contained in Subpart A of 29 therefore subject to the requirements of a settlement or agreement resolving the CFR Part 18. Section 2570.99 establishes the Executive Order and subject to whole or any part of the issues relating a 20-day time limit within which such review by the Office of Management and to assessment of a penalty under ERISA appeals must be filed, the manner in Budget (OMB). Under section 3(f) of the section 502(c)(5). The section also states which the issues for appeal are Executive Order, a ‘‘significant

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Small Business Regulatory economy, productivity, competition, E: Enforcement Fairness Act jobs, the environment, public health or Subpart E ‘‘ Procedures for the Assessment safety, or State, local or tribal The interim final rule being issued of Civil Penalties Under ERISA Section governments or communities (also here is subject to the provisions of the 502(c)(5) referred to as ‘‘economically Small Business Regulatory Enforcement 2570.90 Scope of rules. significant’’); (2) creating serious Fairness Act of 1996 (5 U.S.C. 801 et 2570.91 Definitions. inconsistency or otherwise interfering seq.) and has been transmitted to 2570.92 Service: Copies of documents and with an action taken or planned by Congress and the Comptroller General pleadings. another agency; (3) materially altering for review. The rule is not a ‘‘major 2570.93 Parties, how designated. the budgetary impacts of entitlement rule’’ as that term is defined in 5 U.S.C. 2570.94 Consequences of default. grants, user fees, or loan programs or the 804, because it is not likely to result in 2570.95 Consent order or settlement. rights and obligations of recipients 2570.96 Scope of discovery. (1) an annual effect on the economy of 2570.97 Summary decision. thereof; or (4) raising novel legal or $100 million or more; (2) a major policy issues arising out of legal 2570.98 Decision of the administrative law increase in costs or prices for judge. mandates, the President’s priorities, or consumers, individual industries, or 2570.99 Review by the Secretary. the principles set forth in the Executive federal, State, or local government 2570.100 Scope of review. Order. On the basis of these criteria, the agencies, or geographic regions; or (3) 2570.101 Procedures for review by the Department has determined that this significant adverse effects on Secretary. regulatory action is not significant competition, employment, investment, Subpart EÐProcedures for the within the meaning of the Executive productivity, innovation, or on the Assessment of Civil Penalties Under Order. ability of United States-based ERISA Section 502(c)(5) F. Paperwork Reduction Act enterprises to compete with foreign- The rule being issued here is not based enterprises in domestic or export § 2570.90 Scope of rules. markets. subject to the requirements of the The rules of practice set forth in this Paperwork Reduction Act of 1995 (44 I. Unfunded Mandates Reform Act subpart are applicable to ‘‘502(c)(5) civil U.S.C. 3501 et seq.) because it does not penalty proceedings’’ (as defined in contain an ‘‘information collection For purposes of the Unfunded § 2570.91(n) of this subpart) under request’’ as defined in 44 U.S.C. 3502(3). Mandates Reform Act of 1995 (Pub. L. section 502(c)(5) of the Employee 104–4), as well as Executive Order G. Regulatory Flexibility Act Retirement Income Security Act of 1974 12875, this proposed rule does not (Pub. L. 93–406, 88 Stat. 840–52, as The Regulatory Flexibility Act, 5 include any Federal mandate that may amended by Pub. L. 104–191, 101 Stat. U.S.C. 601 et seq., (RFA) requires each result in expenditures by State, local, or 1936). The rules of procedure for Federal agency to perform an initial tribal governments, and will not impose administrative hearings published by regulatory flexibility analysis for all an annual burden of $100 million or the Department’s Office of rules subject to the notice and comment more on the private sector. Administrative Law Judges in Subpart A requirements of section 553(b) of the Statutory Authority of Part 18 of this title will apply to Administrative Procedure Act (5 U.S.C matters arising under ERISA section The interim final rules set forth herein are 551 et seq.) unless the head of the 502(c)(5) except as modified by this agency certifies that the rule will not, if issued pursuant to the authority contained in section 502(c)(5) of ERISA (Pub. L. 104–191, section. These proceedings shall be promulgated, have a significant conducted as expeditiously as possible, economic impact on a substantial 110 Stat. 1936, 1952, 29 U.S.C. 1132(c)(5)), section 505 of ERISA (Pub. L. 93–406, 88 and the parties shall make every effort number of small entities. Small entities Stat. 892, 894, 29 U.S.C. 1135), and section to avoid delay at each stage of the include small businesses, organizations, 734 of ERISA (Pub. L. 104–204, 110 Stat. proceedings. and governmental jurisdictions. 2874, 2935, 29 U.S.C. 1194), and under Because these rules are being issued Secretary of Labor’s Order 1–87, 52 FR § 2570.91 Definitions. as interim final rules and not as a notice 13139, April 21, 1987. For 502(c)(5) civil penalty of proposed rulemaking, the RFA does List of Subjects in 29 CFR Part 2570 proceedings, this section shall apply in not apply and the Department is not lieu of the definitions in § 18.2 of this required to either certify that the rule Administrative practice and title. will not have a significant impact on a procedure, Claims, Employee benefit (a) Adjudicatory proceeding means a substantial number of small entities or plans, Employee Retirement Income judicial-type proceeding before an conduct a regulatory flexibility analysis. Security Act, Law enforcement, Pension administrative law judge leading to the The Department does not anticipate that and Welfare Benefits Administration, formulation of a final order; this interim final rule will impose a Reporting and disclosure. significant impact on a substantial (b) Administrative law judge means an For the reasons set out in the administrative law judge appointed number of small entities, however, preamble, Part 2570 of Chapter XXV of regardless of whether one uses the pursuant to the provisions of 5 U.S.C. Title 29 of the Code of Federal 3105; definition of small entity found in Regulations is amended as follows: regulations issued by the Small (c) Answer means a written statement Business Administration (13 CFR PART 2570Ð[AMENDED] that is supported by reference to specific § 121.201) or one defines small entity, circumstances or facts surrounding the on the basis of section 104(a)(2) of 1. The authority for Part 2570 is notice of determination issued pursuant ERISA, as an employee benefit plan revised to read: to § 2560.502c–5(g);

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(d) Commencement of proceeding is other official of the Department of duplicating process provided all copies the filing of an answer by the Labor; and are clear and legible. respondent; (q) Solicitor means the Solicitor of (e) Consent agreement means any Labor or his or her delegate. § 2570.93 Parties, how designated. written document containing a specified For 502(c)(5) civil penalty proposed remedy or other relief § 2570.92 Service: Copies of documents proceedings, this section shall apply in and pleadings. acceptable to the Department and lieu of § 18.10 of this title. consenting parties; For 502(c)(5) penalty proceedings, (a) The term party wherever used in (f) ERISA means the Employee this section shall apply in lieu of § 18.3 these rules shall include any natural Retirement Income Security Act of 1974, of this title. person, corporation, employee benefit as amended; (a) In general. Copies of all documents plan, association, firm, partnership, (g) Final Order means the final shall be served on all parties of record. trustee, receiver, agency, public or decision or action of the Department of All documents should clearly designate private organization, or government Labor concerning the assessment of a the docket number, if any, and short agency. A party against whom a civil civil penalty under ERISA section title of all matters. All documents to be penalty is sought shall be designated as 502(c)(5) against a particular party. Such filed shall be delivered or mailed to the ‘‘respondent.’’ The Department shall be final order may result from a decision of Chief Docket Clerk, Office of designated as the ‘‘complainant.’’ an administrative law judge or the Administrative Law Judges (OALJ), 800 (b) Other persons or organizations Secretary, the failure of a party to file a K Street, N.W., Suite 400, Washington, shall be permitted to participate as statement of reasonable cause described DC 20001–8002, or to the OALJ Regional parties only if the administrative law in § 2560.502c–5(e) within the Office to which the proceeding may judge finds that the final decision could prescribed time limits, or the failure of have been transferred for hearing. Each directly and adversely affect them or the a party to invoke the procedures for document filed shall be clear and class they represent, that they may hearings or appeals under this title legible. contribute materially to the disposition within the prescribed time limits. Such (b) By parties. All motions, petitions, of the proceedings and their interest is a final order shall constitute final pleadings, briefs, or other documents not adequately represented by existing agency action within the meaning of 5 shall be filed with the Office of parties, and that in the discretion of the U.S.C. 704; Administrative Law Judges with a copy, administrative law judge the (h) Hearing means that part of a including any attachments, to all other participation of such persons or proceeding which involves the parties of record. When a party is organizations would be appropriate. submission of evidence, either by oral represented by an attorney, service shall (c) A person or organization not presentation or written submission, to be made upon the attorney. Service of named as a respondent wishing to the administrative law judge; any document upon any party may be participate as a party under this section (i) Order means the whole or any part made by personal delivery or by mailing shall submit a petition to the of a final procedural or substantive a copy to the last known address. The administrative law judge within fifteen disposition of a matter under ERISA Department shall be served by delivery (15) days after the person or section 502(c)(5); to the Associate Solicitor, Plan Benefits organization has knowledge of or should (j) Party includes a person or agency Security Division, ERISA section have known about the proceeding. The named or admitted as a party to a 502(c)(5) Proceeding, P.O. Box 1914, petition shall be filed with the proceeding; Washington, DC 20013. The person administrative law judge and served on (k) Person includes an individual, serving the document shall certify to the each person or organization who has partnership, corporation, employee manner and date of service. been made a party at the time of filing. benefit plan, association, exchange or (c) By the Office of Administrative Such petition shall concisely state: other entity or organization; Law Judges. Service of orders, decisions (1) Petitioner’s interest in the (l) Petition means a written request, and all other documents shall be made proceeding; made by a person or party, for some by regular mail to the last known (2) How his or her participation as a affirmative action; address. party will contribute materially to the (m) Pleading means the notice as (d) Form of pleadings— (1) Every disposition of the proceeding; defined in § 2560.502c–5(g), the answer pleading shall contain information (3) Who will appear for petitioner; to the notice, any supplement or indicating the name of the Pension and (4) The issues on which petitioner amendment thereto, and any reply that Welfare Benefits Administration wishes to participate; and may be permitted to any answer, (PWBA) as the agency under which the (5) Whether petitioner intends to supplement or amendment; proceeding is instituted, the title of the present witnesses. (n) 502(c)(5) civil penalty proceeding proceeding, the docket number (if any) (d) Objections to the petition may be means an adjudicatory proceeding assigned by the Office of Administrative filed by a party within fifteen (15) days relating to the assessment of a civil Law Judges and a designation of the of the filing of the petition. If objections penalty provided for in section 502(c)(5) type of pleading or paper (e.g., notice, to the petition are filed, the of ERISA; motion to dismiss, etc.). The pleading or administrative law judge shall then (o) Respondent means the party paper shall be signed and shall contain determine whether petitioners have the against whom the Department is seeking the address and telephone number of requisite interest to be a party in the to assess a civil sanction under ERISA the party or person representing the proceedings, as defined in paragraph (b) section 502(c)(5); party. Although there are no formal of this section, and shall permit or deny (p) Secretary means the Secretary of specifications for documents, they participation accordingly. Where Labor and includes, pursuant to any should be typewritten when possible on petitions to participate as parties are delegation of authority by the Secretary, standard size 81⁄2×11 inch paper. made by individuals or groups with any assistant secretary (including the (2) Illegible documents, whether common interests, the administrative Assistant Secretary for Pension and handwritten, typewritten, photocopies, law judge may request all such Welfare Benefits), administrator, or otherwise, will not be accepted. petitioners to designate a single commissioner, appellate body, board, or Papers may be reproduced by any representative, or he or she may

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If the petition (c) Submission. On or before the any such objections, the administrative is denied, he or she shall briefly state expiration of the time granted for law judge shall incorporate the consent the grounds for denial and shall then negotiations, but, in any case, at least agreement into a decision meeting the treat the petition as a request for five (5) days prior to the date set for requirements of paragraph (d) of this participation as amicus curiae. hearing, the parties or their authorized section. representative or their counsel may: § 2570.94 Consequences of default. (1) Submit the proposed agreement § 2570.96 Scope of discovery. For 502(c)(5) civil penalty containing consent findings and an For 502(c)(5) civil penalty proceedings, this section shall apply in order to the administrative law judge; or proceedings, this section shall apply in lieu of § 18.5 (a) and (b) of this title. (2) Notify the administrative law lieu of § 18.14 of this title. Failure of the respondents to file an judge that the parties have reached a full (a) A party may file a motion to answer to the notice of determination settlement and have agreed to dismissal conduct discovery with the described in § 2560.502c–5(g) within the of the action subject to compliance with administrative law judge. The motion 30-day period provided by § 2560.502c– the terms of the settlement; or for discovery shall be granted by the (3) Inform the administrative law 5(h) shall be deemed to constitute a administrative law judge only upon a waiver of his or her right to appear and judge that agreement cannot be reached. (d) Disposition. In the event that a showing of good cause. In order to contest the allegations of the notice of establish ‘‘good cause’’ for the purposes determination, and such failure shall be settlement agreement containing consent findings and an order is of this section, a party must show that deemed to be an admission of the facts the discovery requested relates to a as alleged in the notice for purposes of submitted within the time allowed therefore, the administrative law judge genuine issue as to a material fact that any proceeding involving the is relevant to the proceeding. The order assessment of a civil penalty under shall issue a decision incorporating such findings and agreement within of the administrative law judge shall section 502(c)(5). Such notice shall then expressly limit the scope and terms of become a final order of the Secretary. thirty (30) days of receipt of such document. The decision of the discovery to that for which ‘‘good § 2570.95 Consent order or settlement. administrative law judge shall cause’’ has been shown, as provided in incorporate all of the findings, terms, this paragraph. For 502(c)(5) civil penalty (b) A party may obtain discovery of proceedings, the following shall apply and conditions of the settlement agreement and consent order of the documents and tangible things in lieu of § 18.9 of this title. otherwise discoverable under paragraph (a) In general. At any time after the parties. Such decision shall become a final agency action within the meaning (a) of this section and prepared in commencement of a proceeding, but at anticipation of or for the hearing by or least five (5) days prior to the date set of 5 U.S.C. 704. (e) Settlement without consent of all for another party’s representative for hearing, the parties jointly may move (including his or her attorney, to defer the hearing for a reasonable parties. In cases in which some, but not all, of the parties to a proceeding submit consultant, surety, indemnitor, insurer, time to permit negotiation of a or agent) only upon showing that the settlement or an agreement containing a consent agreement to the administrative law judge, the following party seeking discovery has substantial findings and an order disposing of the need of the materials or information in whole or any part of the proceeding. procedure shall apply: (1) If all of the parties have not the preparation of his or her case and The allowance of such deferment and consented to the proposed settlement that he or she is unable without undue the duration thereof shall be in the submitted to the administrative law hardship to obtain the substantial discretion of the administrative law judge, then such non-consenting parties equivalent of the materials or judge, after consideration of such factors must receive notice, and a copy, of the information by other means. In ordering as the nature of the proceeding, the proposed settlement at the time it is discovery of such materials when the requirements of the public interest, the submitted to the administrative law required showing has been made, the representations of the parties and the judge; administrative law judge shall protect probability of reaching an agreement (2) Any non-consenting party shall against disclosure of the mental which will result in a just disposition of have fifteen (15) days to file any impressions, conclusions, opinions, or the issues involved. objections to the proposed settlement legal theories of an attorney or other (b) Content. Any agreement with the administrative law judge and representative of a party concerning the containing consent findings and an all other parties; proceeding. order disposing of a proceeding or any (3) If any party submits an objection part thereof shall also provide: to the proposed settlement, the § 2570.97 Summary decision. (1) That the order shall have the same administrative law judge shall decide For 502(c)(5) civil penalty force and effect as an order made after within thirty (30) days after receipt of proceedings, this section shall apply in full hearing; such objections whether to sign or reject lieu of § 18.41 of this title. (2) That the entire record on which the proposed settlement. Where the (a) No genuine issue of material fact. any order may be based shall consist record lacks substantial evidence upon (1) Where no issue of material fact is solely of the notice and the agreement; which to base a decision or there is a found to have been raised, the (3) A waiver of any further procedural genuine issue of material fact, then the administrative law judge may issue a steps before the administrative law administrative law judge may establish decision which, in the absence of an judge; procedures for the purpose of receiving appeal pursuant to 2570.99 through

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2570.101 of this subpart, shall become upon each material issue of fact or law shall be no opportunity for oral a final order. presented on the record. The decision of argument. (2) A decision made under this the administrative law judge shall be paragraph shall include a statement of: based upon the whole record. In a § 2570.101 Procedures for review by the Secretary. (i) Findings of fact and conclusions of contested case in which the Department law, and the reasons therefor, on all and the Respondent have presented (a) Upon receipt of the notice of issues presented; and their positions to the administrative law appeal, the Secretary shall establish a (ii) Any terms and conditions of the judge pursuant to the procedures for briefing schedule which shall be served rule or order. 502(c)(5) civil penalty proceedings as on all parties of record. Upon motion of (3) A copy of any decision under this set forth in this subpart, the penalty (if one or more of the parties, the Secretary paragraph shall be served on each party. any) which may be included in the may, in his or her discretion, permit the (b) Hearings on issues of fact. Where decision of the administrative law judge submission of reply briefs. a genuine question of material fact is shall be limited to the penalty expressly (b) The Secretary shall issue a raised, the administrative law judge provided for in section 502(c)(5) of decision as promptly as possible after shall, and in any other case may, set the ERISA. It shall be supported by reliable receipt of the briefs of the parties. The case for an evidentiary hearing. and probative evidence. The decision of Secretary may affirm, modify, or set aside, in whole or in part, the decision § 2570.98 Decision of the administrative the administrative law judge shall law judge. become a final agency action within the on appeal and shall issue a statement of meaning of 5 U.S.C. 704 unless an reasons and bases for the action(s) For 502(c)(5) civil penalty appeal is made pursuant to the taken. Such decision by the Secretary proceedings, this section shall apply in procedures set forth in §§ 2570.99 shall be final agency action within the lieu of § 18.57 of this title. through 2570.101. meaning of 5 U.S.C. 704. (a) Proposed findings of fact, conclusions, and order. Within twenty 3. By revising paragraph (a) of § 2570.99 Review by the Secretary § 2570.3 as follows: (20) days of the filing of the transcript (a) The Secretary may review a of the testimony or such additional time decision of an administrative law judge. § 2570.3 Service: Copies of documents as the administrative law judge may Such a review may occur only when a and pleadings. allow, each party may file with the party files a notice of appeal from a * * * * * administrative law judge, subject to the decision of an administrative law judge (a) General. Copies of all documents judge’s discretion, proposed findings of within twenty (20) days of the issuance shall be served on all parties of record. fact, conclusions of law, and an order of such decision. In all other cases, the All documents should clearly designate together with a supporting brief decision of the administrative law judge the docket number, if any, and short expressing the reasons for such shall become final agency action within title of all matters. All documents shall proposals. Such proposals and briefs the meaning of 5 U.S.C. 704. be delivered or mailed to the Chief shall be served on all parties, and shall (b) A notice of appeal to the Secretary Docket Clerk, Office of Administrative refer to all portions of the record and to shall state with specificity the issue(s) Law Judges, 800 K Street, NW., Suite all authorities relied upon in support of in the decision of the administrative law 400, Washington, DC 20001–8002, or to each proposal. judge on which the party is seeking the OALJ regional Office to which the (b) Decision of the administrative law review. Such notice of appeal must be proceedings may have been transferred judge. Within a reasonable time after the served on all parties of record. for hearing. Each document filed shall time allowed for the filing of the (c) Upon receipt of a notice of appeal, be clear and legible. proposed findings of fact, conclusions of the Secretary shall request the Chief * * * * * law, and order, or within thirty (30) Administrative Law Judge to submit to days after receipt of an agreement him or her a copy of the entire record Signed at Washington DC, this 4th day of containing consent findings and an before the administrative law judge. February, 2000. order disposing of the disputed matter Leslie B. Kramerich, in whole, the administrative law judge § 2570.100 Scope of review. Acting Assistant Secretary, Pension and shall make his or her decision. The The review of the Secretary shall not Welfare Benefits Administration, Department decision of the administrative law judge be a de novo proceeding but rather a of Labor. shall include findings of fact and review of the record established before [FR Doc. 00–2937 Filed 2–10–00; 8:45 am] conclusions of law with reasons therefor the administrative law judge. There BILLING CODE 4510±29±P

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Part IV

Department of Labor Office of the Secretary

29 CFR Part 44 Process for Electing State Agency Representatives for Consultations With Department of Labor Relating to Nationwide Employment Statistics System; Final Rule

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DEPARTMENT OF LABOR The first comment addressed section the ballots. The Department of Labor 44.2(a) of the regulation that provides believes that each agency director Office of the Secretary for staggered election cycles. Under the should retain the responsibility and regulation, after the initial election in discretion to determine the information, 29 CFR Part 44 which representatives from each of the if any, to distribute among the other RIN 1290±AA19 ten Federal regions were elected, there directors for purposes of these elections are staggered elections with one-half of and how such information is to be Process for Electing State Agency the regions electing representatives each disseminated. The Department of Labor Representatives for Consultations year for bienniel terms. The regulation therefore does not believe such With Department of Labor Relating to specifies the regions that are included in information should be a subject of these Nationwide Employment Statistics each cycle. The preamble to the interim regulations, and has not made any System final regulation explained that the changes in response to this comment. purpose of the staggered cycles is to The Department of Labor has slightly AGENCY: Office of the Secretary, Labor. ensure that at least one-half of the revised the title of the regulation to refer ACTION: Final rule. representatives will have the benefit of, to State agency employment statistics SUMMARY: This document provides for and expertise resulting from, the representatives rather than the State the final text of the regulation previous year’s consultations and that employment statistics agency establishing a process for the election of this approach provides important representatives in recognition of the fact representatives of the States to continuity to the consultation process that the employment statistics function participate in formal consultations with while also allowing for appropriate may only be one component of a State the Department of Labor relating to the turnover. The preamble also stated that agency. development of an annual employment the five regions identified for each The Department of Labor has also statistics plan and to address other respective cycle were selected to ensure made two technical changes to section employment statistics issues. Section that all turnover does not occur in the 44.2(a) that do not affect the substance 15(d)(2) of the Wagner-Peyser Act, as same part of the country at the same of the regulation. The first change amended by section 309 of the time. The commenter questioned clarifies that the initial election was to Workforce Investment Act of 1998, whether the last objective is have been held not later than February requires the Secretary to establish a accomplished by the regulation. 17, 1999. The interim final regulation process for the election of Specifically, the commenter noted that provided that the election was to be representatives of each of the 10 Federal three of the five regions specified for the held within 30 days of the effective date regions of the Department. Interim final first staggered election cycle (Regions of the rule. Since the interim final regulations were published on VII, VIII, and X) contain 13 contiguous regulation took effect on January 19, December 18, 1998. This document States and are thus in the same part of 1999, that 30–day period ended on provides the Department of Labor’s the country. The commenter suggested February 17. That initial election was response to the comments on the that the five regions be selected by lot held on January 19, 1999. The second interim final regulations. In addition, rather than be specified in the change is to identify the regions by minor technical changes are made to the regulation. The Department of Labor number rather than by the location of title of the regulation to clarify that the believes that given the configuration of the principal office. Since some representatives are State agency the ten regions, there inherently will be agencies within the Department of Labor employment statistics directors, to contiguous regions and States in any have different regional structures with clarify references to the Federal regions grouping of five of the regions. principal offices located in cities other and to the timing of the initial election, Moreover, the suggestion to determine than the cities identified in the interim and to clarify the title of the the five regions by lot does not ensure final regulation, the references to the Commissioner of Labor Statistics. that there will be fewer contiguous locations could cause confusion. In DATES: This final rule is effective on regions and States in each cycle. The order to avoid that result, the regulation March 13, 2000. Department of Labor therefore believes has been modified to refer to the regions FOR FURTHER INFORMATION CONTACT: that the regulation sufficiently advances by the numbers designated for each Cheryl Kerr, Office of the Commissioner the objectives of the staggering of the region in former OMB Circular A–105. of Labor Statistics, Department of Labor, election cycles and has not made any Finally, in section 44.3(a) of the Room 4044, Postal Square Building, 2 changes in response to this comment. regulation, the Department has modified Massachusetts Avenue, N.E. The second comment addressed the title of the Commissioner from the Washington, D.C. 20212, 202–691–7808. section 44.3(a) of the regulation relating Commissioner of the Bureau of Labor SUPPLEMENTARY INFORMATION: On to the election process. The regulation Statistics to the Commissioner of Labor December 18, 1998 interim final requires the Commissioner of Labor Statistics, which is the statutory title. regulations and a request for comments Statistics to provide a ballot to each The Department of Labor further notes on the Process for Electing State Agency employment statistics director that two elections have been carried out Representatives for Consultations with containing the names of all the agency pursuant to the interim final regulation the Department of Labor Relating to the directors in the appropriate region. The and the Department believes the Nationwide Employment Statistics commenter suggested that, in order to regulations have effectively addressed System were published in the Federal promote informed decisions, the the relevant election process issues. It Register [63 FR 70260]. Interested Department of Labor ask each of the may also be noted that the consultative persons were afforded the opportunity directors to prepare a brief summary of group elected through this election to submit comments to the Bureau of their qualifications and interests, process, now referred to as the Labor Statistics within 90 days after the including educational background, work Workforce Information Council, has publication of the interim final history, and the reasons why they are been meeting with the Department over regulations in the Federal Register. Two interested in participating in the the past year and recently issued the comments were received from State consultation process, and that the first annual employment statistics report agency employment statistics directors. Department include the summary with entitled ‘‘Quality Information, Informed

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Choices: New Directions for the Small Business Regulatory Enforcement section 309 of the Workforce Investment Workforce Information System.’’ Fairness Act of 1996 and Congressional Act of 1998. The revised section 15(d)(2) Notification of the Wagner-Peyser Act requires the Statutory Authority The Department has determined that Secretary to establish a process for the The Department of Labor is this final rule is not a major rule as election of such representatives from publishing this regulation under the defined by section 804 of the Small each of the 10 Federal regions of the authority provided in section 506(c)(2) Business Regulatory Enforcement Department of Labor. of the Workforce Investment Act of 1998 Fairness Act of 1996 (5 U.S.C. 804(2)). § 44.2 Election cycle and tenure of (20 U.S.C. 9276(c)(2)). This rule will not result in an annual representatives. effect on the economy of $100,000,000 Regulatory Flexibility Act (a) Election cycle. The States located or more; a major increase in costs or within each Federal region, as defined The Department of Labor, in prices; or significant adverse effects on in this paragraph, shall elect one accordance with the Regulatory competition, employment, investment, representative in accordance with the Flexibility Act (5 U.S.C. 605(b)), has productivity, innovation, or on the procedures specified in this part. The reviewed this regulation and by ability of United States-based initial election for representatives of the approving it certifies that this regulation companies to compete with foreign- States from all 10 Federal regions will will not have a significant economic based companies in domestic and be held not later than February 17, 1999. impact on a substantial number of small export markets. The Department will For purposes of this section, the Federal entities. The rule relates only to State submit to each House of Congress and regions shall be the Standard Federal Agency representatives and therefore to the Comptroller General a report regions identified in former OMB does not affect businesses, large or regarding the issuance of this final rule Circular A–105 (issued April 4, 1974). small, or any other small entities as prior to the effective date of the rule that This former Circular is available defined under the Act. The Secretary will note that this rule does not through the Office of the Commissioner has certified to this effect to the Chief constitute a ‘‘major rule’’ for purposes of of Labor Statistics, telephone number Counsel for Advocacy of the Small the Act. (202) 691–7808. For the representatives Business Administration. List of Subjects in 29 CFR Part 44 elected from the Federal regions II, IV, Executive Order 12866 Economic Statistics, Employment. VII, VIII, and X, the initial term shall terminate on January 1, 2000. This regulation has been drafted and Signed on this 3rd day of February, 2000. Subsequent elections for representatives reviewed in accordance with Executive Alexis M. Herman, from such regions shall be held in the Order 12866, section 1(b), Principles of Secretary of Labor. last quarter of 1999 and thereafter Regulation. The Department has For the reasons stated in the biennially within the last calendar determined that this rule is not a preamble, the Department of Labor quarter of the year. For the ‘‘significant regulatory action’’ under hereby revises part 44 of title 29 of the representatives from the Federal regions Executive Order 12866, section 3(f), Code of Federal Regulations to read as I, III, V, VI, and IX, the initial term shall Regulatory Planning and Review. follows: terminate on January 1, Accordingly, it does not require an 2001.Subsequent elections for PART 44ÐPROCESS FOR ELECTING assessment of potential costs and representatives from such regions shall STATE AGENCY EMPLOYMENT benefits under section 6(a)(3) of that be held within the last calendar quarter STATISTICS REPRESENTATIVES FOR order. of 2000 and thereafter, biennially within CONSULTATIONS WITH DEPARTMENT the last calendar quarter of the year. Executive Order 13132 OF LABOR After the initial election, the terms of all The interim final regulation was Sec. representatives shall terminate on published prior to the August 4, 1999 44.1 Purpose and scope. January 1 of the third calendar year after effective date of the Executive Order. 44.2 Election cycle and tenure of the preceding scheduled election. representatives. (b) Tenure. The terms of the However, the Department has reviewed 44.3 Election process. representatives elected in the first the final regulation in accordance with election shall commence upon election. Executive Order 13132 relating to Authority: 5 U.S.C. 301; 20 U.S.C. 9276(c); 29 U.S.C. 49 1–2. The terms of representatives elected in Federalism, and has determined that the subsequent elections shall commence regulation does not impose unfunded § 44.1 Purpose and scope. January 1 of the year following the mandates on the States and does not This part contains the regulations of scheduled election. Representatives may preempt any State laws. In addition, the the U.S. Department of Labor serve for an unlimited number of terms. Department did consult with the establishing a process for the election of representatives of the State agency representatives of the States to § 44.3 Election process. employment statistics directors participate in formal consultations with (a) Process. The Commissioner of regarding this regulation. the Department of Labor for purposes of Labor Statistics of the U.S. Department Unfunded Mandates Reform Act of the development of an annual of Labor (hereafter referred to as ‘‘the 1995 employment statistics plan and to Commissioner’’) or his or her designee address other employment statistics shall conduct the elections. The This regulation will not result in the issues. The representatives are to be Commissioner shall provide a ballot expenditure by State, local, and tribal elected by and from the State containing the names of the governments, in the aggregate, or by the employment statistics directors employment statistics directors in the private sector, of $100,000,000 or more affiliated with the State agencies appropriate region to the employment in any one year. Therefore, no actions designated to carry out the employment statistics director in each State who is were deemed necessary under the statistics responsibilities under the affiliated with the State agency provisions of the Unfunded Mandates revised section 15 of the Wagner-Peyser designated pursuant to section 15(e) of Reform Act of 1995. Act (29 U.S.C. 49 1–2), as amended by the Wagner-Peyser Act. If a State has not

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Part V

Office of Management and Budget Draft Report to Congress on the Costs and Benefits of Federal Regulations; Notice

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OFFICE OF MANAGEMENT AND this notice is publishing the entire draft benefit cost analysis. In late October BUDGET report. 1999, we sent the guidelines and format to the agencies for their use in reporting John T. Spotila, Draft Report to Congress on the Costs the costs and benefits of their and Benefits of Federal Regulations Administrator, Office of Information and regulations. Using this information as Regulatory Affairs. well as other information from the AGENCY: Office of Management and Draft Report to Congress on the Costs agencies and published literature on the Budget, Executive Office of the and Benefits of Federal Regulations costs, benefits, and impacts of Federal President. Introduction regulation, we prepared this draft report. ACTION: Notice and request for This is a draft for public comment of Chapter I presents our estimates of comments. the Office of Management and Budget’s total annual costs and benefits of third report to Congress on the costs and Federal regulation and paperwork in the SUMMARY: On January 7, 2000, OMB benefits of Federal regulations. 1 This aggregate, and by agency and agency published a notice of availability of and report is required by Section 638(a) of program. It also presents an analysis of requested comments on its Draft Report the 1999 Omnibus Consolidated and the impacts of Federal regulation on to Congress on the Costs and Benefits of Emergency Supplemental State, local, and tribal government, Federal Regulations. On January 27, Appropriations Act (the Act). The Act small business, wages, and economic 2000, OMB extended the public requires OMB to submit ‘‘an accounting growth. Finally, Chapter I presents comment period to February 22, 2000. statement and associated report’’ estimates of the costs and benefits by In order to assure the broadest possible containing: agency of the major final regulations public access, we are publishing the ‘‘(1) an estimate of the total annual issued between April 1, 1995 and March draft report in this Federal Register. costs and benefits (including 31, 1999 for which we could quantify quantifiable and nonquantifiable effects) and monetize impacts. DATES: Comment Due Date: February 22, of Federal rules and paperwork, to the Chapter II uses agency regulatory 2000. extent feasible: impact analyses to present quantitative (A) in the aggregate; ADDRESSES: Comments on this draft estimates and qualitative descriptions of (B) by agency and agency program; report should be addressed to John the benefits and costs of the 44 major and rules issued by Federal agencies for Morrall, Office of Information and (C) by major rule; Regulatory Affairs, Office of which we concluded review during the ‘‘(2) an analysis of impacts of Federal 12-month period between April 1, 1998 Management and Budget, NEOB, Room regulation on State, local, and tribal 10235, 725 17th Street, N.W., and March 31, 1999. This ‘‘regulatory government, small business, wages, and year’’ is the same period we used for the Washington, D.C. 20503. economic growth; and first two reports. You may submit comments by regular ‘‘(3) recommendations for reform. Chapter III presents our estimates of mail, by facsimile to (202) 395–6974, or The Act at Section 638(b), (c), and (d) the costs and benefits of major Federal by electronic mail to also specifies how we are to produce the regulations for which we concluded [email protected]. report. We must: review during the period April 1, 1995 ‘‘(b) * * * provide public notice and to March 31, 1999. We included only FOR FURTHER INFORMATION CONTACT: You an opportunity to comment on the the regulations for which we had can review the report on the Internet at: statement and report, quantitative information on both costs ‘‘http://www.whitehouse.gov/omb/ ‘‘(c) * * * issue guidelines to and benefits. For these regulations, we inforeg/index.html’’. You may also agencies to standardize (1) measures of applied a uniform format and request a copy from John Morrall, Office costs and benefits and (2) the format of standardized measures of costs and of Information and Regulatory Affairs, accounting statements, and benefits to produce estimates that could Office of Management and Budget, ‘‘(d) * * * provide for independent be more readily compared to each other. NEOB, Room 10235, 725 17th Street, and external review of the guidelines This information is used in our NW, Washington, D.C. 20503. and each accounting statement and aggregate and by-agency estimates of the associated report under this section.’’ Telephone: (202) 395–7316. E-mail: total annual costs and benefits of This draft report provides the public [email protected]. Federal regulation in Chapter I. with an opportunity to comment on the Chapter IV presents ten SUPPLEMENTARY INFORMATION: On ‘‘statement and report’’ before we recommendations for reform of specific January 7, 2000, OMB published in the submit it to Congress. We are also Federal regulations. Federal Register (65 FR 1296) a notice asking independent and external experts of availability of the Draft Report to in the economics of Federal regulation Chapter I: Estimating the Total Annual Congress on the Costs and Benefits of to peer review this draft report. After Costs, Benefits, and Impacts of Federal Regulations and Paperwork Federal Regulations and posted it on our taking the public comments and peer web site. The comment period on the reviews into account, we will submit I. Overview the final report to Congress. draft report was scheduled to end In early October 1999 in accordance This chapter presents estimates of the January 21, 2000. Members of the public with the Act, we drafted guidelines for total annual costs and benefits of and Congress asked for additional time standardizing measures of costs and Federal rules and paperwork in the and better access to the draft report to benefits and the format of the aggregate and by agency and agency allow the public a better opportunity to accounting statements. We circulated program as required by Sec 638(a)(1)(A) participate in the comment process. them for ‘‘independent and external and (B) of the 1999 Omnibus Accordingly, OMB extended the public review’’ by nine experts in the field of Consolidated and Emergency comment period on the draft report to Supplemental Appropriations Act (the February 22, 2000 by a notice in the 1 This report uses the terms ‘‘rule’’ and Act). In this chapter, we build on the Federal Register (65 FR 4447) and with ‘‘regulation’’ interchangeably. information found in Chapter I of the

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1998 Report to Congress On the Costs had not been issued. In other words, surplus loss produced by a ban on the and Benefits of Federal Regulations what is the baseline against which costs sale of a product understates costs to (OMB 1998) by using data and and benefits should be measured? The society. Even though compliance costs information newly available during baseline problem has several are zero, consumers are less well off 1999. These data include information: dimensions. First, what happens in the because they can no longer buy the • On costs and benefits of regulations absence of regulation is only an product. At the other extreme, provided by the agencies at our request educated guess (since it never calculating compliance expenditures pursuant to Sec 638(c) of the Act, which happened). Moreover, the greater the based on pre-regulation output requires us to ‘‘issue guidelines to regulatory change, the less sure we are overstates costs because, if the firm agencies to standardize measures of cost of the regulatory benefits and costs. The raises prices to cover compliance costs, and benefits and the format of techniques of applied welfare consumers may shift to other products accounting statements.’’ economics, upon which benefit-cost to compensate partially for the • From the economic impact analyses analysis is based, hold only for marginal accompanying welfare losses (Cropper that agencies prepare for major rules for changes in economic activities. The and Oats 1992, p. 722). Actually which we completed review between larger the changes, the less certain we estimating the changes in consumer and April 1, 1998 and March 31, 1999. are of the accuracy of these techniques. producer ‘‘surplus’’ caused by • From other government reports and Thus, we are more confident in our regulation requires data that is usually sources on the impacts of regulation and estimates of the costs and benefits of a not easily obtained and assumptions paperwork. small change in the level of automobile that are at best only educated guesses. This chapter also analyzes the emissions than in the costs and benefits 3. What Is the Effect of Technological impacts of Federal regulation on State, of all Clean Air Act regulations and Change? local, and tribal government, small especially in estimates of the total costs business, wages, and economic and benefits of all regulations issued by Many of the studies on which we growth—as required by Sec. 638(a)(2) of the Federal Government since the early must rely for cost and benefit estimates the Act. 1900s. are dated. Over time the dynamic nature A. Estimation Problems Even if we disregard the problem of of the economy may affect the modeling large changes, significant estimation of both benefits and costs. This is our third report estimating the difficulties remain. It is difficult to Technological improvements are often total annual costs and benefits of determine the baseline for the cited as the reason that predicted costs Federal regulations. In our previous two individual regulations that must be of compliance often turn out to be less reports (OMB 1997 and 1998), we added together to get an aggregate than actual costs (Office of Technology included a detailed discussion of the estimate for all regulations. Bias is Assessment 1995). Less well noted, methodological problems inherent in however, is that technological progress 2 always a problem when surveying firms such an undertaking. We recognize the and other regulated entities on their also alters the benefits of regulation over importance of providing information to expected compliance costs. Both time. Medical progress can reduce the the public on the costs, benefits, and regulators and the regulated may have a future benefits estimated for health, impacts of Federal regulations. Such stake in the survey results. The problem safety and environmental regulations, information is useful for policymakers is potentially greater for prospective just as productivity improvements in who are designing new regulations or studies because they must predict both manufacturing reduce the costs of revising existing ones to make them the baseline and the regulatory effects. compliance of some regulations. New more cost efficient and fair. Retrospective studies concern drugs or medical procedures can reduce Nevertheless, any estimate of total themselves only with the baseline. In the benefits of regulations aimed at annual costs and benefits can only be general, the most precise estimates of reducing exposure to certain harmful rough at best. agents such as an infectious disease. It is difficult, if not impossible, to the costs and benefits of regulation appear in retrospective studies done by Regulations aimed at increasing the estimate the actual total costs and energy efficiency of consumer products benefits of all existing Federal individuals who are not interested parties, but who do seek to maintain or buildings may have their expected regulations with accuracy. We lack good benefits reduced by new technology that information about the complex their reputations as objective professional analysts. lowers the cost of producing energy. interactions between the different Technological change also leads regulations and the economy. A variety 2. What Costs Should We Measure? directly to higher incomes, which allow of estimation problems for individual Most of the studies of the costs of people to demand better health and and aggregate estimates distort the regulation produced to date measure the more safety. Business often responds to results in different ways. The difficulty direct expenditures required by these demands by providing safer of answering the following questions regulation. It is hard to do more. Yet, as products and workplaces, even in the illustrate these problems: Cropper and Oates (1992) point out, the absence of regulation. Individuals with 1. What Baseline Should We Use? cost to society of regulation is properly rising incomes may purchase or donate land to nature conservancies to provide In order to estimate the impact of a measured by the change in consumer 3 ecological benefits—not to mention tax regulation, we need to know what and producer ‘‘surplus’’ associated writeoffs. Yet, as on the cost side, the would have happened if the regulation with the regulation and with any price and/or income changes that may result. baseline that we use is generally the 2 The first two reports also provide background At one extreme, ignoring the consumer status quo, rather than a best guess as to information helpful for understanding and placing what is likely to happen in the future. in context this third report. Together, the reports 3 Consumer surplus refers to the incremental contain information on the history of regulation and value of a product, as perceived by the consumer, 4. How Do We Determine Causality? its reform, the Administration’s regulatory review over and above the price paid by the consumer for It is often difficult to attribute changes program, the basics of economic analysis of that product. Producer surplus refers to the regulations, and several case studies comparing incremental revenue received by the producer of a in behavior to specific Federal various prospective and retrospective analyses of product over and above the producer’s marginal regulations because there can be many regulations. costs of production. other causal factors. In the

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Department of the Interior (DOI), the seldom able to analyze the interaction This type of regulation can cause Department of Commerce (DOC) and the effects among the tens of thousands of economic loss from the higher prices Department of Transportation (DOT) as regulations. Although we are mindful and inefficient operations that often well as numerous State and local of, and tried to tried to correct for, these occur when competition is restrained. government entities. The tort system, problems in our estimates, our numbers • Process Regulations impose voluntary standards organizations, and too should be used with caution. administrative or paperwork public pressure also may cause firms to requirements such as income tax, 7. Is it Enough To Know the Costs and provide a certain degree of public immigration, social security, food Benefits? protection in the absence of Federal stamps, or procurement forms. Most regulation. As the General Accounting Accurate assessment of costs and process costs result from program Office (GAO) points out, determining benefits does not necessarily give us administration, government how much of the costs and benefits of information concerning the distribution procurement, and tax compliance these activities to attribute solely to of such effects. None of the analyses efforts. Social and economic regulation Federal regulation is a difficult addressed in this report provides may also impose paperwork costs due to undertaking (GAO 1996). quantitative information on the disclosure requirements and distribution of benefits or costs by enforcement needs. These costs 5. How Do We Assess Older income category, geographic region, or generally appear in the cost for such Regulations? any other equity-related factor. As a rules. Procurement costs generally show Once regulations are implemented result, there is no basis for quantifying up in the Federal budget as greater fiscal and compliance has begun, public distributional or equity impacts, which expenditures. attitudes about the desirability of often can be a key reason for regulation. mandated actions often change. 1. Measuring the Impacts of the B. Types of Regulation Regulations that were widely Different Types of Regulation questioned before implementation—for Since there are so many different The impacts of regulation have example, airbags and family leave— types of Federal regulations, it is useful several dimensions. Regulation either often find wide acceptance afterwards. to break this heterogeneous body up increases or decreases the total welfare If the National Highway Traffic Safety into categories. Three main categories or well being of society, or redistributes Administration’s (NHTSA) regulations are widely used: social, economic, and it among different groups. Usually it were eliminated, the automobile process. does both, but the relative degree varies companies are not likely to discontinue • Social Regulation seeks to benefit significantly by type of regulation. The all the safety features that NHTSA has the public interest in one of two ways. public purpose for a regulation usually mandated. Consumers now expect safer It prohibits firms from producing takes one of two forms: to maximize cars and seem willing to pay for them. products in certain ways or with certain society’s welfare or to redistribute costs Indeed, they often demand more safety characteristics that are harmful to public and benefits from one group to another. than NHTSA requires. interests such as health, safety, and the Social Regulation often seeks to This same phenomenon is taking environment. Examples would be improve the efficiency of the market by place in the environmental area. OSHA’s rule prohibiting firms from correcting what economists call ‘‘market Environmentally responsible behavior allowing in the workplace more than failures’’—for example, pollution or can be good for the bottom line. Rising one part per million of Benzene public health risks or other unintended per capita income and greater averaged over an eight hour day and the consequences on third parties and acceptance of regulation encourage such Department of Energy’s rule prohibiting unequal information between buyers behavior, although their precise impact firms from selling refrigerators that do and sellers. Such regulation affects the can be hard to measure. Changes in not meet certain energy efficiency value of goods and services or welfare consumer preferences can create a standards. It also requires firms to enjoyed by society. We measure the ‘‘rising baseline’’ phenomenon, which produce products in certain ways or impact of a social regulation on society’s reduces the ongoing significance of with certain characteristics that are welfare by estimating its net benefits: health, safety, and environmental beneficial to these public interests. social costs subtracted from social regulations. Estimates of the aggregate Examples are FDA’s requirement that benefits. regulatory costs and benefits that use a firms selling food products must Redistributive effects or ‘‘income pre-regulation baseline as opposed to a provide a label with specified transfers’’ should also be measured, post-regulation baseline may thus information on its package and DOT’s noted, and presented to policymakers to overestimate the current costs and requirement that automobiles be help in forming their decision. OMB has benefits of those regulations. equipped with certain kinds of airbags. issued recommended procedures or • Economic Regulation prohibits ‘‘Best Practices,’’ which are particularly 6. Is There an ‘‘Apples and Oranges’’ firms from charging prices or entering or useful for estimating the benefits and Problem? exiting lines of business that might costs of social regulations. We have Most attempts to summarize the total cause harm to the economic interests of described and discussed these costs and benefits of Federal regulations other firms or economic groups. Such procedures in the two previous Reports have simply added together a diverse set regulations usually apply on an to Congress on the Costs and Benefits of of individual studies. This is an industry-wide basis (for example, Federal Regulation. As mentioned above inherently flawed approach. These agriculture, trucking, or in the introduction, we have provided individual studies vary in the quality, communications). In the United States, additional guidance for the agencies for methodology, and type of regulatory this type of regulation at the Federal standardizing the measures of costs and

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Such consequences as air efficiency benefits are small and short quality of the environment is pollution, occupationally induced lasting in a dynamic and technologically represented by the total value that illness, or automobile accidents are vibrant economy, this is a judgment that society places on the goods and services commonly called ‘‘negative is not the result of an empirical study. foregone as a result of resources being externalities.’’ Regulations designed to It is, however, based on the increasingly diverted to environmental protection. deal with such externalities are said to accepted view that the U.S. economy is (EPA’s Cost of a Clean Environment, pp. ‘‘internalize’’ the externalities. becoming more competitive over time, 1–2, 1–3.) These social costs include the This can be done by regulating the with fewer long-lasting natural direct compliance costs of the capital amount of the externality, for example, monopolies, and on evidence that much equipment and labor needed to meet the banning a pollutant or limiting it to a economic regulation seeks primarily to standard. They also include the more ‘‘safe’’ level, or regulating how a enhance one group at the expense of indirect consumer and producer surplus product is produced or used. Social another. Even though monopoly power losses from lost or delayed consumption regulation may also require the may not be as long lasting in the ‘‘new and production opportunities that result disclosure of information about a economy’’ as it was in the old, it can from the higher prices and reduced product, service, or manufacturing still be important at a given point in output needed to pay for the direct process where inadequate or time.5 compliance costs. In the case of a asymmetric access to information may Process Regulation mainly serves to product ban or prohibitive compliance place consumers, citizens, or workers at collect funds, allocate them among costs, almost all of the costs represent a disadvantage. The techniques and groups of recipients, and establish the consumer and producer surplus losses. methodological concerns involved in conditions under which the government Most of the cost estimates used in this the estimation of the social costs and purchases or provides goods and report do not include consumer and benefits generated by these rules are services from and to the public. producer surplus losses because it is similar to those involved in the Although allocating and collecting difficult and often impractical to estimation of costs and benefits of funds can serve to transfer income estimate the demand and supply curves environmental regulation discussed between economic groups, the fiscal needed to do this type of analysis. above. In the results reported below, we budget already accounts for these Further indirect effects on further break ‘‘Other Social’’ into three transfers and we do not provide separate productivity and efficiency result from categories: transportation, labor and estimates below. We do, however, price and output changes that spread other regulations. The third category provide estimates of the administrative through other sectors of the economy. includes food and drug safety, energy costs to the public of providing the Estimates of compliance costs may efficiency, and quality of medical care information needed by the government understate substantially the true long- regulations. to collect these funds and provide these term costs of pollution control.4 The Economic regulation, especially in the services because these estimates are not estimates used in this report do not included in the fiscal budget. These include these indirect and general past, often served to transfer income among economic groups. In certain costs are also real burdens to society, equilibrium effects. not transfers. Government can reduce The benefits of environmental circumstances, however, such as when them streamlining paperwork and red protection are represented by the value used to regulate natural monopolies, tape. that society places on improved health, economic regulation can produce net recreational opportunities, quality of social benefits. In the last twenty years, 2. Other Types of Regulatory Impacts deregulation and improvements in life, visibility, preservation of As discussed above, analysts often use ecosystems, biodiversity, and other technology have reduced entry barriers in a variety of sectors, including estimates of benefits and costs to attributes of protecting or enhancing our measure the net impact of regulation on environment. This value is best transportation, communications, energy, and financial services. To a large degree, society as a whole. Executive Order No. measured by society’s willingness-to- 12866, Regulatory Planning and Review, pay (WTP) for these attributes. Since economic regulation now serves more and more to promote competition, issued by President Clinton on most types of improvement in September 30, 1993, requires the environmental quality are not traded in rather than to protect firms from it. The costs of economic regulation are usually agencies to measure such impacts (Sect. markets, benefits must be estimated by 1(b)(6)). It also requires that the agencies indirect means using sophisticated measured by modeling or comparing specific regulated sectors with less analyze the effect of a proposed statistical techniques or ‘‘contingent regulation on State, local, and tribal valuation’’ survey methods. Such regulated sectors, estimating the consumer and producer surplus losses governments and on businesses of methods often have more difficulty with differing sizes (Sect.1. (b) ((9) and (11)). benefit estimation than cost estimation. that result from higher prices and lack of service, and estimating the excess As mentioned, Sect. 638 (a)(2) of the Act Other Social. This category of asks for information on these impacts as regulation includes rules designed to costs that may result from the lack of competition. These costs are made up of well as on wages and economic growth. advance the health and safety of Clearly, the impacts of regulation on consumers and workers, as well as efficiency losses, or costs to society, and income transfers that one group gains at these sectors are of special interest to regulations aimed at promoting social policymakers and should be examined goals such as equal opportunity, equal the expense of another. The Hopkins (92) and Hahn and Hird (91) surveys of access to facilities, and protection from 5 Note that our definition of economic regulation regulatory costs found that transfer costs does not include antitrust activities such as 4 See Jaffe, Peterson, Portney, and Stavins’ survey were generally about two to three times preventing the formation of monopolies through (1995), p. 153. the social costs of economic regulation. mergers or anticompetitive behavior.

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The $1.51 trillion upper-range before 1995.9 For the benefit estimates estimate of $5.9 million (1997$) was estimate is dominated by EPA’s Section for 1995 through the first quarter of derived from a set of 26 studies 812 Retrospective, which estimates the 1999, we used the information from identified by EPA using criteria benefits of the Clean Air Act from 1970 agency-supplied RIAs modified for established in Viscusi (1992), as those to 1990. consistency with Best Practices as most appropriate for environmental In last year’s report we used EPA’s appropriate and extended to provide policy analysis applications. upper range estimate for benefits of $3.2 more monetized estimates of benefits An alternative, age-adjusted approach trillion. This estimate engendered and costs using consensus value is preferred by a number of others both considerable public criticism. For estimates used by the agencies or found within and outside the Administration. example, a panel of regulatory experts in the literature. These estimates are This approach was also developed for convened by GAO expressed explained in detail in Chapter III. the Section 812 studies and addresses considerable scepticism about the Table 3 combines the results from concerns with applying the VSL magnitude of the estimate (GAO, 1999). Tables 1 and 2 to present our estimates estimate—reflecting a valuation derived EPA points out, however, that this for the existing costs of social regulation mostly from labor market studies criticism was somewhat misdirected as of the first quarter in 1999. It shows involving healthy working-age manual because the $3.2 trillion estimate was that health, safety and environmental laborers—to PM-related mortality risks the upper bound, 95th percentile regulation produces between $32 billion that are primarily associated with older estimate generated by the 812 and $1,621 billion of net benefits per populations and those with impaired Retrospective Study for the year 1990, a year. health status. This alternative approach value which EPA itself believes has a 2. New Estimates for the Clean Air leads to an estimate of the value of a very small probability of being the Act Amendments statistical life year (VSLY), which is derived directly from the VSL estimate. correct estimate (that is, the probability EPA has also called to our attention It differs only in incorporating an that benefits are equal to or greater than its new study, The Benefits and Costs of explicit assumption about the number of $3.2 trillion is 5%). EPA’s expected the Clean Air Act 1990 to 2010, (EPA life years saved and an implicit value for the benefits of 1970 to 1990 1999) to supplement the set of studies assumption that the valuation of each programs in the year 1990 is $1.45 that served as the basis for the life year is not affected by age.10 Under trillion (in 1997 dollars). We have monetized estimates of benefits and this alternative approach, the estimated amended our report this year to costs in last year’s report. This study mean VSLY is $360,000 (1997$); incorporate EPA’s expected-value presents estimates of the benefits and combining this number with a mean life estimate. costs of the regulatory program mandated by the 1990 Clean Air Act expectancy of 14 years would yield an GAO (1999) also reported that many Amendments (CAAA). It does not, age-adjusted VSL of $3.6 million of the experts identified specific however, cover the benefits and costs of (1997$). concerns about some of the assumptions many of EPA’s recent major regulations, Both approaches are imperfect, and in the Retrospective Report, including: such as the 1997 final rule setting new raise difficult methodological issues (1) The assumption that air quality Ozone and Particulate Matter National which are discussed in depth in the would have deteriorated significantly Ambient Air Quality Standards and the recently published Section 812 between 1970 and 1990 in the absence recent regional haze final rule. Nor does Prospective Study, draft EPA Economic of the Clean Air Act, (2) the assumed it include the costs and benefits of the Guidelines, and the peer-review health effects from limiting exposure to regulations EPA issued during this commentaries prepared in support of particulate matter, and (3) the methods period pursuant to its Acts other than each of these documents. For example, used to estimate the value that the CAAA. both methodologies embed assumptions individuals would place on reducing EPA’s new study estimates total (explicit or implicit) about which there health and mortality risks.8 annual costs for the CAAA of about $19 is little or no definitive scientific Table 2 provides estimates of the total billion and total annual benefits of $71 guidance. In particular, both methods annual monetized costs and benefits of billion in the year 2000. We note that adopt the assumption that the risk social regulations issued between 1987 the adoption of a value for the projected versus dollars trade-offs revealed by available labor market studies are and the first quarter of 1998. As reduction in the risk of premature applicable to the risk versus dollar explained in last year’s report, the cost mortality is the subject of continuing trade-offs in the air pollution context. estimates are based on the Regulatory discussion within the economic and Impact Analyses (RIAs) for major rules EPA currently prefers the VSL public policy analysis community approach because, essentially, the that agencies submitted to OMB under within and outside the Administration. Executive Order 12866 and its method reflects the direct application of In response to the sensitivity of this what EPA considers to be the most predecessor, Executive Order 12291. To issue, we provide estimates reflecting estimate benefits, we used a reliable estimates for valuation of two alternative approaches. The first premature mortality available in the combination of sources. For the years approach—supported by some and 1987 to 1995, we assumed that benefits current economic literature. While there preferred by EPA—uses a Value of a are several differences between the labor bore the same ratio to our cost estimates Statistical Life (VSL) approach for the four categories of regulations market studies EPA uses to derive a VSL developed for the Clean Air Act Section estimate and the particulate matter air shown in Table 2 as they did in a study 812 benefit-cost studies. This VSL by Robert Hahn (1996) of major 10 Specifically, the VSLY estimate can be regulations issued between 1990 and 9 Admittedly this is a crude estimation procedure calculated by amortizing the $5.9 million mean VSL mid-1995. We did this because we do because Hahn’s inventory of rules begins in 1990 estimate over the 35 years of life expectancy not have our own systematic estimates and ours extends back to 1987. Consequently, we associated with subjects in the labor market studies. of the benefits for major rules issued are assuming that the relationship between costs The resulting estimate, using a 5 percent discount and benefits that Hahn found for the later period rate, would be $360,000 per life-year saved in 1997 extends back three years. Still, we know of no other dollars. This annual average value of a life-year can 8 GAO also points out that these are similar to the approach to fill this gap in the data until RIAs for then be multiplied times the number of years of concerns expressed by OMB in last year’s report. these years are re-examined. For further details see remaining life expectancy for the affected (See OMB 1999, pp. 25–35). last year’s report (OMB, 1999). population.

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B. Economic Regulation for economic regulation (not counting lessons learned, and discuss the trade protection) of $180 billion. implications for efforts to monetize In our 1997 and 1998 reports, we taxpayer time. presented an estimate that the efficiency C. Process Regulation costs of economic regulation amounted In our Information Collection The main costs of process regulation Budgets, published annually, we to $71 billion. This is based on an consist of the paperwork costs imposed estimate by Hopkins (1992) of $81 calculate paperwork burden imposed on on the public. Sec. 638(a)(1)(A) of the the public using information agencies billion, which we adjusted downward Act calls on OMB to examine the costs by $10 billion to account for the give us with their requests for and benefits of paperwork. Currently 12 deregulation and increase in information collection approvals. We OMB is in the process of revising its present below in Table 5 estimates of competition that has occurred in the guidance on how the agencies should financial and telecommunications paperwork burden in terms of the hours evaluate paperwork burden. OMB the public devotes annually to gathering sectors since Hopkins’ estimates were issued a notice in the Federal Register made in 1992. In a recent and providing information for the on October 14, 1999 (64 FR 55788) Federal government. At a future point in comprehensive report on regulatory inviting comments on how best to reform in the United States by a panel time, we hope to be able to provide improve the uniformity, accuracy, and information on the dollar costs of of experts from around world, the OECD comprehensiveness of agency burden estimated that additional reforms in the paperwork. At present we do not know measurement. In this notice, we raise how to estimate the value of the total transportation, energy, and the issue of expanding the reporting of telecommunications sectors would lead annual benefits to society of the burden to include a monetized value of information the government collects to an increase in GDP of 1 percent time, and specifically seek comment on (OECD, 1999). One percent of the from the public. the idea of converting ‘‘burden hours’’ Table 5 shows our estimates of the revised first quarter 1999 GDP of $9,073 into a dollar measure of burden. If a expected paperwork burden hours for billion is about $90 billion. dollar-equivalent value is calculated for FY 1999 by agency. The total burden of This estimate does not include the burden hours, agencies and OMB could 7,202 million hours is made up of 5,912 costs of international trade protection, report a single estimate—in dollar million hours for the Treasury which Hopkins included in his estimate terms—of paperwork burden that would Department (82%) and 1,290 million of the cost of economic regulation. combine monetized burden hours with hours for the rest of the Federal According to a recent study, the static the ‘‘cost burden’’ calculation. This government (18%). Using the estimate gains from removing trade barriers would estimate out-of-pocket expenses of the average value of time for the existing in 1990 suggested potential that are not captured by the time-based individuals and entities that provide gains of about 1.3 percent of GDP measure of burden. While this approach information to the government of $26.50 (Council of Economic Advisers 1998) or has analytical appeal, it does pose per hour, which we used in the last two $120 billion for the first quarter of 1999, significant methodological challenges. reports, we can get an idea of the dollar assuming trade barriers have not In addition, IRS has begun work on a burden of paperwork on the public: changed.11 These estimates taken new model that will estimate the $190 billion. Note, however, that (1) this together suggest that Hopkins’ estimate amount of burden incurred by wage and is a rough average and should not be may be too low. investment taxpayers as a result of applied to individual agencies or agency As we discuss above, economic complying with the tax system. IRS has collections, and (2) this estimate should regulation also results in income undertaken this study to improve our not be added to our estimates of the transfers from one group to another. In understanding of taxpayer burdens, to costs of regulation because it would our previous two reports, we used an enable us to measure both current and result in some double counting. Our approach used by Hahn and Hird, and future levels of burden, and to help us estimates of regulatory costs already Hopkins, to estimate transfers as a isolate the burden of particular tax include paperwork costs. Many multiple of the efficiency losses. Based provisions, regulations, or procedures. paperwork costs arise from regulations, on the OECD estimate of efficiency To help provide input into our often for enforcement and disclosure losses, Hopkins’ multiple of two (1992) consideration of methods to expand the purposes. gives rise to an estimate of transfer costs reporting of burden to include monetized burden hours, the IRS BILLING CODE 3110±01±P 11 The CEA report also went on to state that paperwork burden study will include studies of this type only capture static costs, fail to the development of a White Paper on 12 The Paperwork Reduction Act of 1995 requires capture value of foregone varieties of products, the Monetization of Taxpayer Time. Federal agencies to seek approval from OMB for quality improvements, and productivity each information collection sought from ten or more enhancements that would take place in the absence This White Paper will examine the individuals or entities. As part of that request of trade barriers, and thus understate the benefits issues surrounding monetization, agencies must estimate the burdens that their from trade (CEA 1998, p. 238). review existing research, identify individual collection requests impose on the public.

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BILLING CODE 3110±01±C

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III. The Other Impacts of Federal annual emissions reductions achieved of $300 million. All systems will also Regulation through this regulatory actions include, have to perform enhanced monitoring of Sec. 638(a)(2) of the Act calls on OMB for example, 21,000 Mg. of SO2; 2,800 filter performance. The estimated to present an analysis of the impacts of Mg. of particulate matter (PM); 19,200 benefits include mean reductions of Federal regulation on State, local, and Mg of NOX; 54 Mg. of mercury; and 41 from 110,000 to 338,000 cases of Kg. of dioxin/furans. tribal government, small business, cryptosporidiosis annually, with an 2. EPA’s Standards of Performance for wages, and economic growth. estimated monetized value of $0.5 to New Stationary Sources and Guidelines $1.5 billion, and possible reductions in A. Impact on State, Local, and Tribal for Control of Existing Sources: the incidence of other waterborne Government Municipal Solid Waste Landfills (1996): diseases. This rule set performance standards for Over the past four years, four rules While these four EPA rules were the new municipal solid waste landfills and have imposed costs of more than $100 only ones over the past four years to emission guidelines for existing million on State, local, and Tribal require expenditures by State, local and municipal solid waste landfills to governments (and thus have been Tribal governments exceeding $100 implement section 111 of the Clean Air classified as public sector mandates million, they were not the only rules Act. The rule addressed non-methane under the Unfunded Mandates Act of with impacts on other levels of organic compounds (NMOC) and 1995).13 All four of these rules were governments. For example, 18% of rules methane emissions. NMOC include listed in the April 1999 Unified issued by the Environmental Protection volatile organic compounds (VOC), Agency. These four rules are described Regulatory Agenda cited some impact hazardous air pollutants (HAPs), and on State, local or Tribal governments. In in greater detail below. odorous compounds. Of the landfills 1. EPA’s Rule on Standards of general, OMB works with the agencies required to install controls, about 30 to ensure that the selection of the Performance for Municipal Waste percent of the existing landfills and 20 Combustors and Emissions Guidelines regulatory option for all final rules fully percent of the new landfills are complies with the Unfunded Mandates (1995): This rule set standards of privately owned. The remainder are performance for new municipal waste Reform Act. For proposed rules, OMB publicly owned. The total nationwide works with the agencies to ensure that combustor (MWC) units and emission annualized costs for collection and guidelines for existing MWCs under they also solicited comment on control of air emissions from new and alternatives that would reduce costs to sections 111 and 129 of the Clean Air existing MSW landfills are estimated to Act [42 U.S.C. 7411, 42 U.S.C. 7429]. all regulated parties, including State, be $94 million per year annualized over local and Tribal governments. The standards and guidelines apply to 5 years, and $110 million per year Agencies have also significantly MWC units at plants with aggregate annualized over 15 years. capacities to combust greater than 35 3. National Primary Drinking Water increased their consultation with State, megagrams per day (Mg/day) Regulations: Disinfectants and local, and Tribal governments on all (approximately 40 tons per day) of Disinfection Byproducts (1998): This regulatory actions that impact them. For municipal solid waste (MSW). The rule promulgates health based example, EPA and the Department of standards require sources to achieve maximum contaminant level goals Health and Human Services engaged in emission levels reflecting the maximum (MCLGs) and enforceable maximum particularly extensive consultation degree of reduction in emissions of air contaminant levels (MCLs) for about a efforts over a wide variety of programs, pollutants that the Administrator dozen disinfectants and byproducts that on both formal unfunded mandates as determined is achievable, taking into result from the interaction of these defined by the Unfunded Mandates consideration the cost of achieving such disinfectants with organic compounds Reform Act and other rules with emission reduction, and any non-air in drinking water. The rule will require intergovernmental impacts. Agencies quality health and environmental additional treatment at about 14,000 of also made real progress in improving impacts and energy requirements. the estimated 75,000 residential water their internal systems to manage EPA estimated the national total systems nationwide. The costs of the consultations better. This has helped annualized cost for the emissions rule are estimated at $700 million them analyze specific rules in ways that standards and guidelines to be $320 annually. The quantified benefits reduce costs and increase flexibility for million per year (in constant 1990 estimates range from zero to 9,300 all levels of government and for the dollars) over existing regulations. EPA avoided bladder cancer cases annually, private sector, while implementing estimated the cost of the emissions with an estimated monetized value of $0 important national priorities. standards for new sources to be $43 to $4 billion. Possible reductions in This trend toward increased million per year. EPA estimated the cost rectal and colon cancer and adverse consultation is expected to continue. On of the emissions guidelines for existing reproductive and developmental effects August 5, 1999, President Clinton sources to be $277 million per year. The were not quantified. issued Executive Order 13132 entitled 4. National Primary Drinking Water ‘‘Federalism.’’ This Executive Order 13 EPA’s proposed rules setting air quality Regulations: Interim Enhanced Surface emphasizes consultation with State and standards for ozone and particulate matter may Water Treatment (1998): This rule local governments and greater ultimately lead to expenditures by State, local or tribal governments of $100 million or more. establishes new treatment and sensitivity to their concerns. It also However, Title II of the Unfunded Mandates Reform monitoring requirements (primarily establishes specific requirements that Act provides that agency statements on compliance related to filtration) for drinking water Federal agencies must follow as they with Section 202 must be conducted ‘‘unless systems that use surface water as their develop and carry out policies that otherwise prohibited by law’’. The Conference report to this legislation indicates that this language source and serve more than 10,000 affect State and local governments. people. The purpose of the rule is to means that the section ‘‘does not require the B. Impact on Small Business preparation of any estimate or analysis if the agency enhance protection against potentially is prohibited by law from considering the estimate harmful microbial contaminants. The The President explicitly recognized or analysis in adopting the rule.’’ EPA has stated, and the courts have affirmed, that under the Clean rule is expected to require treatment the need to be sensitive to the impact of Air Act, the air quality standards are health-based changes at about half of the 1,400 large regulations and paperwork on small and EPA is not to consider costs. surface water systems, at an annual cost business in his Executive Order 12866,

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‘‘Regulatory Planning and Review,’’ may have increased them, especially for trucking industries in the 1970’s. These issued September 30, 1993. The specific groups. If we define ‘‘wages’’ wage gains come at a cost in inefficiency Executive Order called on the agencies more broadly as the real value or utility from reduced competition, however, to tailor their regulations by business of workers’ income, the directions of the which consumers must bear. Moreover, size in order to impose the least burden effects of the two types of regulation are real wages, which depend upon on society, consistent with obtaining the probably reversed. productivity, do not grow as fast regulatory objectives. It also called for 1. Social Regulation without the stimulation of outside the development of short forms and competition.17 other streamlined regulatory approaches By a broad measure of welfare, social for small businesses and other entities. regulation, regulation directed at These statements are generalizations The President also supported and improving health, safety, and the for the impact of regulation in the signed into law the Small Business environment, can create benefits for aggregate or by broad categories. Regulatory Enforcement Fairness Act of workers that outweigh the costs. This is Specific regulations can increase or 1996 (SBREFA). In the findings section true even if take-home pay does not decrease the overall level of benefits of SBREFA, Congress stated that increase. Compliance costs must be paid accruing to workers depending upon the ‘‘. . . small businesses bear a for by some combination of workers, actual circumstances. disproportionate share of regulatory business owners, and/or consumers D. Economic Growth costs and burdens.’’ This is largely through adjustments in wages, profits, attributable to fixed costs—costs that all and/or prices. This effect is most clearly The conventional measurement of firms must bear regardless of size. Each recognized for occupational health and GDP does not take into account the firm has to determine whether a safety standards. As one leading text market value of improvements in health, regulation applies, how to comply, and book in labor economics suggests: safety, and the environment. It does whether it is in compliance. As firms ‘‘Thus, whether in the form of smaller incorporate the direct compliance costs increase in size, fixed costs are spread wage increases, more difficult working of social regulation. Accordingly, over a larger revenue and employee base conditions, or inability to obtain or conventional measurement of GDP can resulting in lower unit costs. retain one’s first choice in a job, the suggest that regulation reduces This observation is supported by costs of compliance with health economic growth.18 In fact, sensible 15 empirical information from a study by standards will fall on employees.’’ regulation and economic growth are not the Office of Advocacy of the Small Viewed in terms of overall welfare, inconsistent once all benefits are taken Business Administration (1995). That the regulatory benefits of improved into account. study found that regulatory costs per health, safety, and environment employee decline as firm size—as improvements for workers can outweigh The OECD (1999) estimates that the measured by the number of employees the costs. In the occupational health economic deregulation that occurred in per firm—increases. Using data from standards case where the benefits of the U.S. over the last 20 years Hopkins (1995), SBA estimates that the regulation accrue mostly to workers, permanently increased GDP by 2 total cost of regulation (environmental, workers are likely to be better off if percent. The OECD also estimates that other social, the efficiency costs of health benefits exceed compliance further deregulation of the economic, the transfer costs of costs.16 Although wages may reflect the transportation, energy, and economic, and process regulation) was cost of compliance with health and telecommunication sectors would 50 percent greater per employee for safety rules, the job safety and other increase U.S. GDP by another 1 percent. firms with under 20 employees benefits of such regulation can more Jaffe, Peterson, Portney, and Stavins compared to firms with over 500 than compensate for any monetary loss. (1995) summarize their findings after employees.14 Workers as consumers benefitting from surveying the evidence of the effects of These results do not necessarily safer products and cleaner environment environmental regulation on economic indicate, however, the extent to which may also come out ahead if regulation growth as follows: ‘‘Empirical analysis reducing regulatory requirements on produces significant net benefits for of the productivity effects have found small firms would produce more society. modest adverse impacts of benefits for society at lower costs. That 2. Economic Regulation environmental regulation.’’ Based on the depends in part on the contribution of studies that tried to explain the decline small firms to the risks being addressed For economic regulation, designed to in productivity that occurred in the U.S. and the benefits produced per dollar of set prices or conditions of entry for during the 1970’s, they placed the range compliance costs by regulating small specific sectors, these effects may at attributable to environmental regulation firms. times be reversed to some degree. from 8 percent to 16 percent (p. 151). Economic regulation can result in C. Impact on Wages The recent increase in productivity increases in income narrowly defined, growth in the U.S. coinciding with The impact of Federal regulations on but decreases in broader measures of continued health, safety, and wages depends upon how ‘‘wages’’ is income based on utility or overall environmental regulation supports the defined and on the types of regulations welfare. Economic regulation is often notion that the negative growth effects involved. If we define ‘‘wages’’ narrowly used to protect industries and their as workers’ take-home pay, social workers from outside competition. 17 Winston (1998) estimates that real operating regulation may have decreased average Examples include the airline and costs declined between 25 and 75 percent in the wage rates, while economic regulation sectors that were deregulated over the last 20 15 From Ehrenberg and Smith’s Modern Labor years—transportation, energy, and 14 SBA estimated that average per employee Economics, p 279. telecommunications. regulatory costs were $5,106 for firms with under 16 Based on a cost benefit analysis of OSHA’s 18 Social regulation reduces growth by diverting 20 employees compared to $3,404 for firms with 1972 Asbestos regulation by Settle (1975), which resources from the production of goods and services over 500 employees. These estimates are based on found large net benefits, Ehrenberg and Smith cite that are counted in GDP to the production or 1992 conditions using 1995 dollars. Hopkins’ own this regulation as a case where workers’ wages were enhancement of ‘‘goods and services’’ such as estimates found a 86 percent differential (See SBA reduced, but they were made better off because of longevity, health, and environmental quality that 1995, pp 39–46). improved health (p. 281). generally are not counted in GDP.

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If even our lower range ‘‘economically significant’’ in Executive legitimacy of centralized review estimate of the benefits of social Order 12866 (section 3(f)(1)). It also generally and, in particular, review of regulation ($266 billion) were added to differs from similar statutory definitions the agencies’ benefit cost analyses that GDP, then the more comprehensive in the Unfunded Mandates Reform Act are to accompany their proposals. The measure of GDP, one that includes the and subtitle E of the Small Business Executive Order recognizes that in some value of nonmarket goods and services Regulatory Enforcement Fairness Act of instances the consideration of benefits provided by regulation, would be about 1996—Congressional Review of Agency or costs is precluded by law. 3 percent greater. 20 Focusing on the Rulemaking. Given these varying Nevertheless, the Executive Order effect of social regulation on economic definitions, we interpreted section requires agencies to prepare and submit growth is misleading if it does not take 638(a)(1)(C) broadly to include all final benefit cost analyses even if those into account the full benefits of rules promulgated by an Executive considerations are not a factor in the regulation. branch agency that meet any one of the decisionmaking process. Again, it is the More important than knowing the following three measures: agencies that have the responsibility to • Rules designated as ‘‘economically impact of regulation in general on prepare these analyses, and it is significant’’ under section 3(f)(1) of growth is the impact of specific expected that OMB will review (but not Executive Order 12866; regulations and alternative regulatory redo) this work. In some cases where the designs on economic growth. As Jaffe et • Rules designated as ‘‘major’’ under 5 U.S.C. 804(2) (Congressional Review agency has substantial discretion, the al. put it: ‘‘Any discussion of the costs and benefits identified may be productivity impacts of environmental Act); and • Rules designated as meeting the attributable to the regulation. In other protection efforts should recognize that cases, where the agency has limited not all environmental regulations are threshold under Title II of the Unfunded Mandates Reform Act (2 U.S.C. 1531– discretion, they may be attributable created equal in terms of their costs or primarily to the statute. their benefits.’’ (p. 152). 1538). In this regard, market-based or We also include a discussion of major We found that the benefit cost economic-incentive regulations will rules issued by independent regulatory analyses accompanying the 44 final tend to be more cost-effective than those agencies, although OMB does not rules listed in Table 6 vary substantially requiring specific technologies or review these rules under Executive in type, form, and format of the engineering solutions. Under market- Order 12866. This discussion is based estimates the agencies generated and based regulation, profit-maximizing on data provided by these agencies to presented. For example, agencies firms have strong incentives to find the the General Accounting Office (GAO) developed estimates of benefits, costs, cheapest way to produce the social under the Congressional Review Act. and transfers that were sometimes benefits called for by regulation. How During the regulatory year selected, monetized, sometimes quantified but you regulate can go a long way toward OMB reviewed 44 final rules that met not monetized, sometimes qualitative, reducing any negative impacts on the criteria noted above. Of these final and, most often, some combination of economic growth and increasing the rules, HHS submitted 15; EPA eight; the three. overall long run benefits to society. DOT six; USDA four; DOI two; and DOL, DOC, SBA, DOJ, PBGC, and II. Benefits and Costs of Economically Chapter II: Estimates of Benefits and Education, one each. Two were Federal Significant/Major Final Rules (April Costs of This Year’s ‘‘Major’’ Rules Acquisition Regulations rules. In 1998 to March 1999) In this chapter, we examine the addition, three agencies—DOL, HHS, A. Social Regulation benefits and costs of each ‘‘major rule,’’ and Treasury—worked together to issue as required by section 638(a)(1)(C). We one common rule. These 44 rules Of the 44 rules reviewed by OMB, 22 have included in our review those final represent about 18 percent of the 255 are regulations requiring substantial regulations on which OMB concluded final rules reviewed by OMB between additional private expenditures and/or review during the 12-month period April 1, 1998, and March 31, 1999, and providing new social benefits,21 as April 1, 1998, through March 31, 1999. less than one percent of the 4,752 final described in Table 6.22 EPA issued eight This ‘‘regulatory year’’ is the same rule documents published in the of these rules; HHS and DOT, three calendar period we used for last year’s Federal Register during this period. each; USDA and DOI, two each; DOC, report. It ensures that we cover a full Nevertheless, because of their scale and DOL and Education, one each; and year’s regulatory actions as close as scope, we believe that they represent the HHS/DOL/Treasury jointly issued one vast majority of the costs and benefits of rule. Agency estimates and discussion 19 For the last three years, output per hour in new Federal regulations during this are presented in a variety of ways, nonfarm business has been growing as rapidly as it period. ranging from a purely qualitative did on average during productivity’s golden years discussion,for example, the benefits of from 1948 though 1973. I. Overview 20 Including the value of increasing life the joint HHS/DOL/Treasury rule expectancy in the GDP accounts to come up with As noted in Chapter II of last year’s establishing minimum length-of-stay a more comprehensive measure of the full output report, Executive Order 12866 requirements for mothers and newborns, of the economy is not as far fetched as it sounds. ‘‘reaffirms the primacy of Federal to a more complete benefit-cost It was first proposed and estimated in 1973 by D. agencies in the regulatory Usher in ‘‘An Imputation to the Measure of Economic Growth for Changes in Life Expectancy’’ decisionmaking process’’ because 21 The other 22 are ‘‘transfer’’ rules. NBER Conference on Research in Income and agencies are given the legal authority 22 Note that all dollar figures Table 6 are in 1996 Wealth. and responsibility for rulemaking under dollars unless otherwise noted.

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BILLING CODE 3110±01±C Of the 22 (non-transfer) rules listed in benefit estimates that they were able to Table 6, agencies monetized all the quantify in 10 cases. In two cases,

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DOL’s analysis of its powered positive net monetized benefits, that is, immediately because the severely industrial truck operator training rule estimated monetized benefits that depressed values of market swine monetized the property damage unambiguously exceed the estimated presented a unique opportunity to reductions and out-of-pocket savings monetized costs of the rules. For accelerate significantly pseudorabies eradication in a cost-effective way associated with injury reductions. DOL, example, DOT’s reflector rule will through depopulation. however, did not monetize the other generate an estimated net benefit of aspects of those injuries (such as pain DOC—Endangered and Threatened about $140 million (present value) over Species of Salmonids: Based upon and suffering) nor the fatalities avoided. 10 years. EPA’s surface water treatment EPA’s analysis of its non-handheld publicly available information, OMB rule will result in an estimated net determined that rules covering these engines rule monetized the projected benefit of between $41 million and $1.3 species were major. Citing the fuel savings, but not the estimated billion per year. In the case of certain Conference Report on the 1982 hydrocarbon and nitrogen oxide health, safety, and environmental rules, amendments to the Endangered Species emission reductions. the epidemiologic evidence may Act, however, the agency did not In four cases, agencies provided indicate, but not establish with perform a benefit-cost analysis of the quantified benefit estimates but did not certainty, that a causal link exists final rules. This report specifically provide monetized estimates. These between the regulated substance and the provides that economic impacts cannot included: (1) DOT’s 36 to 50 fatalities occurrence of serious illness. Despite be considered in assessing the status of and 1,231 to 2,229 injuries prevented the lack of certainty, an agency may a species. per year as a result of child seat rule; (2) decide that regulation is appropriate. In HHS—Safety and Effectiveness of EPA’s 113,500 tons of volatile organic calculating the benefits of such a rule, New Drugs in Pediatric Patients: FDA compound emission reductions per year it is necessary to describe more than one estimated that this rule will generate from its architectural coatings rule; and possible outcome, reflecting the current benefits of about $76 million per year. state of knowledge referred to above. (3) EPA’s annualized emission FDA also noted, however, that this Thus, for example, two EPA rules reductions of 786,000 tons of nitrogen should be interpreted as a lower bound, resulted in monetized benefit estimates oxides, 110,000 tons of hydrocarbons since the analysis covered only five that included the possibility of both and 87,000 tons of particulate matter illnesses and did not include any positive or negative net benefits. For from its nonroad diesel engines rule. estimate for avoided pain and suffering. example, EPA’s disinfection byproducts FDA expressed the belief that the Finally, in six cases, agencies did not rule was estimated to generate between benefits of the rule could easily exceed report any quantified (or monetized) $3.18 billion in net benefits and $701 $100 million. benefit estimates. In many of these million in net costs. This reflected the HHS—Over-The-Counter Drug cases, the agency provided a qualitative lack of certainty as to whether the rule Labeling: FDA estimated the benefits of description of benefits. For example, would definitely prevent bladder this rule at $61 to $80 million/yr. In USDA’s wood packing material rule cancer. addition, the agency was unable to discusses the potential benefits of quantify several components of benefits 4. Rules With Quantified Effects of Less avoiding the loss of forest products, that it believes are significant. These Than $100 Million per Year commercial fruit, maple syrup, and include increased consumer satisfaction tourism associated with a massive beetle Seven of the rules in Table 6 are and a reduction in less-severe adverse infestation, but does not estimate the classified as economically significant health outcomes. probability of such an episode. HHS’s even though their quantified effects do DOT—Light Truck CAFE: For each analysis of its length-of-stay rule for not exceed $100 million in any one model year, DOT must establish a mothers and newborns includes a year: corporate average fuel economy (CAFE) qualitative discussion of the rule’s USDA—Solid Wood Packing Material standard for light trucks, including positive impact on the overall health from China: Because of a lack of data, sport-utility vehicles and minivans. and well-being of those affected. the USDA was not able to estimate the (DOT also sets a separate standard for benefits and costs associated with passenger cars, but is not required to 2. Cost Analysis regulating solid wood packing materials revisit the standard each year.) For the from China to prevent the importation past four years, however, appropriations In 16 of the 22 cases, agencies of wood pests. USDA stated, however, language has prohibited NHTSA from provided monetized cost estimates. that in the absence of regulatory action, spending any funds to change the These include such items as HHS’s the wood pests could significantly affect standards. In effect, it has frozen the estimate of $1.4 billion over 5 years in the forest products, commercial fruit, light truck standard at its existing level direct medical costs for its transplant- maple syrup, nursery, and tourist of 20.7 miles per gallon (mpg) and has related data rule; DOT’s estimate of industries, which have a value of $41 prohibited NHTSA from analyzing $152 million per year for its child billion. effects at either 20.7 mpg or alternative restraint rule; and EPA’s estimate of USDA—Pseudorabies in Swine: In levels. Although DOT did not estimate $1.7 billion per year for its ozone 1999, USDA began implementing a the benefits and costs of the standards, transport rule. policy to accelerate the Federal the agency’s experience in previous For the remaining six rules, the eradication program for pseudorabies. years indicates that they may be agencies did not estimate costs. These Although USDA authorizes a $80 substantial. Over 5 million new light rules included both USDA rules, DOI’s million fund for indemnity payments, trucks are subject to these standards two migratory bird hunting rules, DOC’s the producers of the swine incur other each year, and the standard, at 20.7 endangered species listing rule and costs such as the cost of cleaning and mpg, is binding on several NHTSA’s light truck fuel economy rule. disinfection. USDA did not estimate manufacturers. In view of these likely,

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BILLING CODE 3110±01±C In comparison to the agencies subject provided relatively little quantitative to E.O. 12866, the independent agencies information on the costs and benefits of

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Ten additional rules listed in Table 9 have also been excluded from further discussion because only quantified cost estimates were available and/or there were only relatively small benefit and cost estimates.

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BILLING CODE 3110±01±C For some of the remaining rules, significant effects but did not assign a agencies quantified estimates of monetized value to these effects. Some

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Differences in valuation across rules per life-year in its mammography rule. • Reduction in Barrels of Crude Oil are often critical, particularly in As a general matter, we have deferred to Spilled. We valued each barrel comparisons of individual rules or the individual agencies’ judgment in prevented from being spilled at $2,000. programs. The different approaches in this area. In cases where the agency both This reflects double the sum of the most the quantification and monetization of quantified and monetized fatality risks, likely estimates of environmental these effects across agencies can also we have made no adjustments to the damages plus cleanup costs contained result in an ‘‘apples and oranges’’ agency’s estimate. in a recent published journal article problem in aggregating estimates. In cases where the agency provided (Brown and Savage, 1996). Indeed, where effects have been only a quantified estimate of fatality • Change in Emissions of Air quantified, but not monetized, the risk, but did not monetize it, we have Pollutants. We used estimates of the different quantitative effects cannot be monetized these estimates in order to benefits per ton for reductions in aggregated because they are not convert these effects into a common hydrocarbon, nitrogen oxide (NOX), expressed in common units. In order to unit. For example, in the case of HHS’s sulfur dioxide (SO2), and fine address this problem, this section takes organ donor rule, the agency estimated, particulate matter (PM) derived from the additional step of assigning a but did not monetize, statistical life- EPA’s Pulp and Paper cluster rule monetized value in order to provide a years saved (although it discussed its (October, 1997). These estimates were more consistent set of estimates in those use of $116,500 per life-year in other obtained from the RIA prepared for cases where agencies only quantified contexts). We valued those life-years at EPA’s July, 1997 rules revising the significant effects. We have not, $116,500 each. For NHTSA’s child primary NAAQS for ozone and fine PM. however, attempted to quantify or restraint rule, we used a value of $2.7 We note that in this area, as in others, monetize any qualitative effects million per statistical life. the academic literature offers a number identified by agencies where the agency In cases where agencies have not of methodologies and underlying did not at least quantify them. adopted estimates of the value of studies to quantify the benefits. There As in the past, agencies continue to reducing these risks, we used estimates remain considerable uncertainties with take different approaches toward rules supported by the relevant academic each of these approaches. In particular, that affect small risks of premature the derivation and application of per- death. In some cases, such as FDA’s literature. For DOL’s industrial truck operator rule, for example, we used $5 ton coefficients to value reductions in tobacco rule, agencies have quantified 24 these pollutants requires significant and monetized these effects in terms of million per statistical life. We did not attempt to quantify or monetize fatality simplifying assumptions. This is ‘‘quality-adjusted statistical life years.’’ particularly true with respect to the In other cases, such as FRA’s roadway risk reductions in cases where the agency did not at least quantify them. relationship between changes in emitted worker protection rule, agencies have precursors pollutants and changes in the quantified and monetized these effects As a practical matter, the aggregate benefit and cost estimates are relatively ambient pollutant concentrations which in terms of statistical lives. In still other yield actual benefits. As a result of these cases, such as DOL’s industrial truck insensitive to the values we have assigned for these rules because the simplifying assumptions, the monetary operator rule and NHTSA’s child benefit estimates obtained by restraint rule, agencies have quantified aggregate estimates are dominated by the FDA tobacco rule and EPA’s rules multiplying tons reduced by benefit risks of death in terms of life-years or estimates per-ton, which we derive from lives, but have not monetized them. revising the ozone and PM primary NAAQS. analyses of other rules, should be Finally, in some cases, such as FDA’s considered highly uncertain. For each of animal feed rule, the agency did not II. Valuation Estimates for Other these pollutants, we used the following develop any quantified estimate of the Regulatory Effects values (all in 1996$) for changes in rule’s mortality effects. emissions:25 Estimates for the value of a statistical The following is a brief discussion of our valuation estimates for other types Hydrocarbons: $519 to $2,360/ton; life varied across agencies. For the Nitrogen Oxides: $519 to $2,360/ton; tobacco rule, FDA estimated benefits of effects which agencies identified and quantified, but did not monetize. Particulate Matter: $11,539/ton; and based on a value of $2.5 million per • Sulfur Dioxide: $3,768 to $11,539/ton. statistical life. For the roadway worker Injury. For the child restraint rule, we adopted the Department of EPA has recently recommended that rule, FRA used $2.7 million per we use an average value of $7,999/ton statistical life. For the upper-bound Transportation approach of converting injuries to ‘‘equivalent fatalities.’’ These for nitrogen oxides. EPA based this estimates of EPA’s ozone and PM estimate on the benefits estimate NAAQS rules, the agency used $4.8 ratios are based on DOT’s estimates of the value individuals place on reducing associated with its recent ‘‘Tier 2/ million per statistical life. For its gasoline sulfur’’ final rule (FR cite, mammography rule, FDA used $5 the risk of injury of varying severity 23 relative to that of reducing risk of death. when available). We will be considering million per statistical life. Similarly, whether we should use this or some agency estimates for the value of a For the OSHA industrial truck operator rule, we did not monetize injury other value instead of the range we currently use and would welcome 23 There is a relatively rich body of academic literature on this subject. The methodologies used 24 As a result of OSHA’s interpretation of the comment on the subject. and the resulting estimates vary substantially across Supreme Court’s decision in the ‘‘Cotton Dust’’ the academic studies. Based on this literature, case, American Textile Manufacturers Institute v. 25 Where applicable, the lower (higher) end of the agencies have each developed estimates they Donovan, 452 U.S. 491 (1981), OSHA does not value ranges in all of the tables throughout this believe are appropriate for their particular conduct cost-benefit analysis or assign monetary report reflect the lower (higher) values in these regulatory circumstances. values to human lives and suffering. ranges.

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In order to make agency estimates regulations over longer time periods. agencies have adopted different more consistent, we developed benefit HHS used a 10-year period for its over- monetized values for effects, for and cost time streams for each of the the counter drug labeling rule; DOL also example, different values for a statistical rules. Where agency analyses provide used a 10-year period for its truck life, or different discounting methods, annual or annualized estimates of operator training rule. EPA’s analyses these differences remain embedded in benefits and costs, we used these on disinfection and enhanced water Tables 10 through 14. Any comparison estimates in developing streams of treatment rules evaluated the effects or aggregation across rules should also benefits and costs over time. Where the over a twenty-year period. The consider a number of factors which the agency estimate only provided annual differences in the time frames used for presentation in tables 10 through 14 benefits and costs for specific years, we the various rules evaluated generally does not address. For example, these used a linear interpolation to represent reflect the specific characteristics of rules may use baselines in regulations benefits and costs in the intervening individual rules such as expected and controls already in place. In years.26 capital depreciation periods or time to addition, these rules may well treat Agency estimates of benefits and costs full realization of benefits. uncertainty in different ways. In some cover widely varying time periods. In order for comparisons or cases, agencies may have developed While HHS analyzed the effects of aggregation to be meaningful, benefit alternative estimates reflecting upper- providing transplant-related data from and cost estimates should correctly and lower-bound estimates. In other 1999 through 2004, other agencies account for all substantial effects of cases, the agencies may offer a midpoint generally examined the effects of their regulatory actions, including potentially estimate of benefits and costs. In still offsetting effects, which may or may not other cases the agency estimates may 26 In other words, if hypothetically we had costs be reflected in the available data. We reflect only upper-bound estimates of of $200 million in 2000 and $400 million in 2020, the likely benefits and costs. we would assume costs would be $250 million in have not made any changes to agency 2005, $300 million in 2010, and so forth. monetized estimates. To the extent that BILLING CODE 3110±01±P

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BILLING CODE 3110±01±C

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III. Aggregation of Benefit and Cost uncertainty of the full attainment cost and their consideration by the agencies Estimates Across Rules estimates because EPA believes during the regulatory decisionmaking In Table 14, we aggregated the technological change over the next process are reflected in final regulations estimates for individual rules from decade will yield lower-cost approaches and represent the Administration’s Tables 10 through 13 by year. This that will achieve the revised NAAQS. regulatory reform efforts. approach yields prospective estimates of As noted above, there are significant The most comprehensive accounting the benefits and costs that Federal methodological issues that need to be of the recommendations and regulations agencies expected before they issued confronted when aggregating estimates that agencies currently have under major rules over the last three years. from a set of individual rules (as consideration is published annually in We have several important presented in tables 10 through 13) in an the Administration’s Regulatory Plan. observations to offer on these aggregate effort to obtain an estimate of the total The Regulatory Plan contains a estimates. First, the 1996 HHS rule benefits and costs of Federal regulation. description of the most significant placing restrictions on the sale of These issues include: regulatory and deregulatory actions that (1) Adoption of a reasonable, tobacco and EPA’s 1997 rules revising the agencies plan to issue in either consistent baseline (it is difficult to the NAAQS for ozone and particulate proposed or final form during the next patch together a sensible baseline from matter dominate the annualized and fiscal year. The latest Regulatory Plan the differing baseline scenarios adopted present value aggregates presented in was published in the Federal Register across rules). on November 22, 1999 (64 FR 63883). Table 13. Changes in estimation (2) The use of prospective estimates methodology for these rules, as reflected This year, the Regulatory Plan contains (versus retrospective estimates) of the 164 entries from 28 agencies. by the ‘‘plausible range’’ adopted by the benefits and costs of regulation, for The 164 regulations under analysis for the EPANAAQS rules for example, the reliance on prospective development in the Regulatory Plan ozone and particulate matter, will have estimates may well fail to reflect may be viewed as specific a marked effect on the aggregated important changes in taste, innovation recommendations for regulatory benefit and cost estimates for the rules by the private sector, or changes in improvement or reform based on published over the period from April 1, Federal/State/local regulation. 1995 to March 31, 1998. By the same (3) The ‘‘apples and oranges’’ problem statutory mandates and the token, the aggregate estimates are not associated with combining estimates Administration’s priorities. Four very sensitive to different approaches from different studies, including agencies—USDA, HHS, DOL, and for the remaining rules. different measures of benefits and costs, EPA—account for 100 of the 164 The presentation of these aggregates double-counting of benefits and costs initiatives. The following is a sample of as annualized benefit and cost streams across related rules, differing the Administration’s specific regulatory or as net present value estimates may approaches to uncertainty such as the reform efforts that either increase the obscure the actual timing of benefits and use of upper- and lower-bound regulated entities’ flexibility, reduce costs. In the case of the tobacco rule, for estimates versus the use of an upper- paperwork burden, clarify the regulated example, the annualized benefit bound only estimate, and different entities’ responsibilities with plain estimates were estimated to be $9 to $10 discount rates. language, or substitute performance billion per year. The health benefits A final reason that any regulatory standards for command-and-control: • associated with successfully reducing accounting effort has limits is the lack The Food Safety and Inspection the number of young tobacco users, of information on the effects of Service (FSIS) of USDA is reforming its however, will not begin to be realized regulations on distribution or equity. regulations on imported livestock and until after 2015 because of the lag in the None of the analyses addressed in this poultry products by replacing noticeable, adverse effects associated report provides quantitative information command-and-control regulations with with tobacco use. In the case of OSHA’s on the distribution of benefits or costs performance standards, which should methylene chloride standard, our by income category, geographic region, benefit consumers and producers and estimate assumes that the reduction in or any other equity-related factor. As a expand international trade. • cancer deaths among exposed workers result, there is no basis for quantifying FSIS also is reforming its egg will not occur until the year 2017, based distributional or equity impacts. product inspection regulations to move on an average 20 year lag from exposure from a command-and-control and prior to death from cancer.27 Chapter IV: Ten Recommendations for approval systems to a performance Similarly, the benefits and costs of the Reform standard approach based on the Hazard revised ozone and particulate matter Sec. 638(a)(3) of the Act requires OMB Analysis and Critical Control Point NAAQS will only be recognized in the to submit with its report on the costs (HACCP) system and pathogen years after 2005. These estimates of and benefits and impacts of Federal reduction goals. ‘‘out-year’’ benefits and costs are not regulation ‘‘recommendations for • The Food and Drug Administration certain. EPA will complete its next reform.’’ In seeking to reform and make of HHS is also developing a periodic review of the particulate matter more efficient the regulatory process, performance-based HACCP program and NAAQS, scheduled for 2002, before it OMB provides guidance to the agencies a labeling system rather than specifying begins implementation of the revised in regulatory planning and reviews good manufacturing practices to reduce particulate matter NAAQS. If this individual regulations as provided by food-borne pathogens in fruit and review yields a ‘‘mid-course’’ change in Executive Order 12866. In so doing, we vegetable juices. the standard, the estimates of benefits coordinate policy concerns among the • HUD is developing four year and costs could change. EPA has also agencies and make numerous performance goals for Fannie Mae and expressed a continuing concern with the recommendations to the agencies to Freddie Mac requiring them to purchase ensure that regulations are consistent mortgages for low and moderate-income 27 OSHA believes that this assumption is with applicable law, the President’s housing, special affordable housing, and unrealistic and that many workers will avoid incurring cancer before 2017 as a result of the priorities, and the regulatory reform housing in under served areas. This will reduction in their methylene exposures brought principles of Executive Order 12866. increase the number of affordable about by the standard. The results of those recommendations housing units without significantly

VerDate 272000 23:27 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00046 Fmt 4701 Sfmt 4703 E:\FR\FM\11FEN3.SGM pfrm01 PsN: 11FEN3 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Notices 7243 crowding out traditional portfolio Crandall, Robert W., Howard Gruenspecht, Hopkins, Thomas D. ‘‘Cost of Regulation: lending. Ted Keeler and Lester Lave. Regulating the Filling the Gaps,’’ Report Prepared for the • The Bureau of Land Management of Automobile (Washington D.C.: Brookings Regulatory Information Service Center, Institution, 1986). Washington D.C., (August 1992). the Department of the Interior is Crandall, Robert W. ‘‘What Ever Happened Hopkins, Thomas D. ‘‘Profiles of revising its Federal oil and gas leasing to Deregulation?’’ in David Boaz (ed.) Regulatory Costs,’’ Report to U.S. Small operations regulations. It will use plain Assessing the Reagan Years (Washington Business Administration, (November 1995). language to improve understanding of D.C.: Cato Institution, 1988). Hopkins, Thomas D. ‘‘OMB’s Regulatory the rule. The rule will rely on Cropper, Maureen L. and Wallace E. Oates. Accounting Report Falls Short of the Mark,’’ performance standards, rather than ‘‘Environmental Economics: A Survey,’’ Center for the Study of American Business prescriptive requirements, to allow Journal of Economic Literature, Vol. 30, No. (October 1997). greater flexibility to deal with unique 2 (June 1992). Hopkins, Thomas D. ‘‘Regulatory Costs in Denison, Edward F. Accounting for Slower Profile,’’ Policy Study No. 132, Center for the geological or engineering circumstances. Economic Growth: The U.S. in the 1970s • Study of American Business, (August 1996). The Office of Federal Contract (Washington D.C.: Brookings Institution, Hufbauer, Gary C., Diane T. Berliner and Compliance Programs of DOL is 1979). Kimberly Ann Elliot. Trade Protection in the reforming its nondiscrimination and Dudley, Susan E. and Angela Antonelli, United States (Washington, D.C.: Institute for affirmative action obligations for ‘‘Congress and the Clinton OMB: Unwilling International Economics, 1986). government contractors under Executive Partners in Regulatory Oversight,’’ Regulation Jaffe, Adam B., Steven R. Peterson, Paul R. (Fall 1997). Portney and Robert Stavins. ‘‘Environmental Order 11246. It plans to reduce Eads, George C. and Michael Fix. Relief or paperwork burdens, eliminate Regulation and the Competitiveness of U.S. Reform? Reagan’s Regulatory Dilemma Manufacturing,’’ Journal of Economic unnecessary regulations, and simplify (Washington, D.C.: The Urban Institute Press, Literature, Vol. 33, No. 1 (March 1995). and clarify regulations while improving 1984). James Jr., Harvey S. Estimating OSHA the efficiency and effectiveness of the Ehrenberg, Ronald G. and Robert S. Smith. Compliance Costs, Center for the Study of contract compliance program. Modern Labor Economics; Theory and Public American Business (October 1996). • The Occupational Safety and Health Policy (New York: Harper Collins, 1991). Jorgenson, Dale W. and Peter J. Wilcoxen. Elliehausen, Gregory. The Cost of Bank Administration of DOL is revising its ‘‘Environmental Regulation and U.S. Regulation: A Review of the Evidence Economic Growth,’’ Rand Journal of injury and illness reporting and (Washington, D.C.: Federal Reserve Board recordkeeping requirements to improve Economics (Vol. 21, No. 2, Summer 1990). Staff Study, 1997). Kahane, Charles J. The Effectiveness of the quality and utility of the data, clarify Gardner, Bruce L. Protection of U.S. Center High-Mounted Stop Lamps: A Agriculture: Why, How, and Who Loses? and simplify guidance, and exempt Preliminary Evaluation. Technical Report No. (University of Maryland Dept. Agriculture small businesses in low hazard DOT HS 807 076. Washington, DC: National and Resource Economics Working Paper No. industries. Highway Traffic Safety Administration, 87–15). • (1987). The Federal Railroad Grant Thorton. Regulatory Burden: The Administration of DOT is developing a Cost to Community Banks, A study prepared Kahane, Charles J. An Evaluation of Center rule using careful analysis weighing the by the Independent Bankers Association of High-Mounted Stop Lamps Based on 1987 benefits of reduced collision America, (1993). Data. Technical Report No. DOT HS 807 442. probabilities with the costs imposed on Gray, W. B. ‘‘The Cost of Regulation: Washington, DC: National Highway Traffic OSHA, EPA, and the Productivity Safety Administration, (1989). society to determine when and how Kahane, Charles J., and Ellen Hertz. Long- train whistles must be sounded at grade Slowdown,’’ American Economic Review, (December 1987). Term Effectiveness of Center High-Mounted crossings. Stop Lamps in Passenger Cars and Light • Hahn, Robert W. and John A. Hird. ‘‘The EPA is streamlining its Costs and Benefits of Regulation: Review and Trucks. Technical Report No. DOT HS 808 requirements for revising operating Synthesis,’’ Yale Journal on Regulation, (Vol. 696. Washington, DC: National Highway permits issued by State and local 8, No. 1, Winter 1991). Traffic Safety Administration, (1998). permitting authorities for major sources Hahn, Robert W. and Robert E. Litan. Litan, Robert E. and William D. Nordhaus. of air pollution under the Clean Air Act. Improving Regulatory Accountability Reforming Federal Regulation (New Haven, It will simplify the process for minor (Washington D.C.: American Enterprise Ct.: Yale University Press, 1983). Morrison, Steven A. and Clifford Winston. new source review actions that have Institute and the Brooks Institution, 1997). Hahn, Robert W. ‘‘Regulatory Reform: The Economic Effects of Airline Deregulation little or no environmental impact. (Washington, D.C.: Brookings Institution, • Assessing the Government’s Numbers’’ in EPA is streamlining its public Reviving Regulatory Reform: A Global 1986). notification regulations for violations of Perspective, (Cambridge University Press and Morrison, Steven A. and Clifford Winston. drinking water regulations by public A.I. Press, Forthcoming). ‘‘Enhancing Performance of the Deregulated water systems. It will seek to give Hahn, Robert W. ‘‘Regulatory Reform: What Air Transportation System, ‘‘Brookings consumers better and more timely do the Numbers Tell Us?’’ in Hahn, Robert Papers on Economic Activity: notification of the potential health risks W., ed., Risks, Costs, and Lives Saved: Microeconomics, 1989. from drinking water when violations Getting Better Results From Regulation, (New Organization for Economic Cooperation and Development. The OECD Report on occur. York: Oxford University Press and A.I. Press, 1996). Regulatory Reform Volume I: Sectoral These reforms, as well as many other Hazilla, Michael and Raymond Kopp. Studies (Paris: 1997). efforts underway, are significantly ‘‘Social Cost of Environmental Quality Organization for Economic Cooperation improving the lives, health, and well- Regulations: A General Equilibrium and Development. Regulatory Reform in the being of the American public. Analysis,’’ Journal of Political Economy, United States, OECD Reviews of Regulatory (Vol. 98, No. 4, 1990). Reform (Paris: 1999). Bibliography Himmelstein, David U. And Steffie U.S., Council of Economic Advisers. Brown, R. Scott and Ian Savage, ‘‘The Woolhandler. ‘‘Cost Without Benefit: Economic Report of the President (February Economics of Double-Hulled Tankers’’ Administrative Waste in U.S. Health Care,’’ 1997). Maritime Policy and Management, Vol. 23, The New England Journal of Medicine, (Vol. U.S., Council of Economic Advisers. No. 2 (1996). 314, No. 7, February 13, 1986). Economic Report of the President (February Crandall, Robert W, et al. An Agenda For Hopkins, Thomas D. ‘‘Cost of Regulation,’’ 1998). Federal Regulatory Reform (Washington D.C.: Report Prepared for the Regulatory U.S., Council of Economic Advisers. American Enterprise Institute and the Information Service Center, Washington, Economic Report of the President (February Brookings Institution, 1997). D.C., (August 1991). 1999).

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U.S., Environmental Protection Agency. for Congressional Review During the First 2 U.S. Small Business Administration. Environmental Investments: The Cost of a Years ( April 1998). Annual Report of the Chief Counsel for Clean Environment (December 1990). U.S., National Highway Traffic Safety Advocacy on Implementation of the U.S., Environmental Protection Agency. Administration. [Preliminary] Regulatory Regulatory Flexibility Act, Calendar Year Technical and Economic Capacity of States Impact Analysis, Federal Motor Vehicle 1998 (June 1999). and Public Water Systems to Implement Safety Standard 108, Center High-Mounted U.S. Small Business Administration. The Drinking Water Regulations—Report to Stoplamps, Washington, DC (1980). Changing Burden of Regulation, Paperwork, Congress (1993). U.S., National Highway Traffic Safety and Tax Compliance on Small Business: A U.S., Environmental Protection Agency. Administration. Final Regulatory Impact Report to Congress (October 1995). 1972–1992 Retrospective Analysis: Impacts Analysis, Federal Motor Vehicle Safety Usher, D. ‘‘An Imputation to the Measure of Municipal Treatment Improvement for Standard 108, Center High-Mounted of Economic Growth for Changes in Life Inland Waterways (1995). Stoplamps. Washington, DC (1983). Expectancy’’ in NBER Conference on U.S., Environmental Protection Agency. U.S., Office of Management and Budget. Research in Income and Wealth (1973) The Benefits and Costs of the Clean Air Act, Agency Compliance with Title II of the Viscusi, W. Kip. Fatal Tradeoffs: Public 1970–1990 (October 1997). Unfunded Mandates Reform Act of 1995 and Private Responsibilities for Risk (New U.S., Environmental Protection Agency. (1996, 1997, 1998, 1999). York: Oxford University Press, 1992). The Benefits and Costs of the Clean Air Act, U.S., Office of Management and Budget. Viscusi, W. Kip. Risk by Choice: Regulating 1990–2100 (November 1999). More Benefits Fewer Burdens: Creating a Health and Safety in the Workplace U.S., General Accounting Office. Regulatory System that Works for the (Cambridge, Mass.: Harvard University Press, Regulatory Accounting: Analysis of OMB’s American People (December 1996). 1983). Report on the Costs and Benefits of Federal U.S., Office of Management and Budget, Weidenbaum, Murray L. and Robert Regulation (April 1999). Report to Congress On the Costs and Benefits DeFina. ‘‘The Cost of Federal Regulation of U.S., General Accounting Office. of Federal Regulations (September 30, 1997). Economic Activity,’’ (Washington D.C.: Regulatory Burden: Measurement Challenges U.S., Office of Management and Budget, American Enterprise Institute, 1978). Report to Congress On the Costs and Benefits Raised by Selected Companies (November Wenders, J. The Economics of 1996). of Federal Regulations 1998 (1998). Telecommunications: Theory and Practice, U.S., General Accounting Office. U.S., Office of Management and Budget, 83 (1987). Regulatory Reform: Agencies Could Reports to Congress Under the Paperwork White, Lawrence J. The S&L Debacle: ImproveDevelopment, Documentation, and Reduction Act of 1995 (September 1997). Public Policy Lessons for Bank and Thrift Clarity of Regulatory Analyses (May 1998). U.S., Office of Management and Budget. Regulation (New York: Oxford University U.S., General Accounting Office. Information Collection Budget of The United Press, 1991). Regulatory Reform: Information on Costs, States Government (Various Years). Winston, Clifford. ‘‘U.S. Industry Cost-Effectiveness, and Mandated Deadlines U.S., Office of Technology Assessment. Adjustment to Economic Deregulation’’, for Regulations (March 1995). Gauging Control Technology and Regulatory Journal of Economic Perspectives (1998). U.S., General Accounting Office. Impacts in Occupational Safety and Health Regulatory Reform: Major Rules Submitted (September 1995). BILLING CODE 3110±01±P

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[FR Doc. 00–3175 Filed 2–11–00; 8:45 am] BILLING CODE 3110±01±C

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Part VI

Federal Emergency Management Agency 44 CFR Part 209 Hurricane Floyd Property Acquisition and Relocation Grants; Interim Final Rule

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FEDERAL EMERGENCY letter to provide this information to the deed language and the duplication of MANAGEMENT AGENCY Associate Director for Mitigation by benefits review process apply to this January 31, 2000. As stated in the Act, special buyout authority as well. 44 CFR Part 209 allocations to States under this authority Communities interested in RIN 3067±AD06 have no impact on the calculation of participating should note that properties available funding under the Stafford Act purchased with this grant funding must Hurricane Floyd Property Acquisition (42 U.S.C. 5170c), the Hazard Mitigation remain as open space in perpetuity and and Relocation Grants Grant Program. may receive no future disaster Separately, we will request States to assistance from any Federal source. For AGENCY: Federal Emergency provide feedback regarding several example, public park facilities on Management Agency (FEMA). important issues related to the purchased open space land are not ACTION: Interim final rule with request implementation of our grant programs eligible for our Public Assistance for comments. that fund buyouts and relocations of program funding if future flood disasters floodprone property. We will use this SUMMARY: We, FEMA, announce the occur in the area. feedback to evaluate the need for immediate availability of $215 million States are responsible for measuring modifications to these grant programs. both the expected benefits of funded in grants provided under the This rule explains the process for Consolidated Appropriations Act for FY projects and actual program States and us to prioritize projects to effectiveness after future flood events. 2000, for the acquisition and relocation ensure funds are used in a cost-effective of properties affected by Hurricane This process will assist the State and us manner. We describe the program in assessing program results and Floyd or surrounding events for hazard eligibility criteria in the rule to ensure mitigation purposes. improving future mitigation program States target properties severely implementation. DATES: Effective Date: This interim final impacted by Hurricane Floyd or rule is effective February 11, 2000. surrounding events that would likely National Environmental Policy Act Comments: We invite comments on flood again in the future. This rule is excluded from the this interim final rule, which should be The rule and the program received by April 11, 2000. preparation of an environmental requirements are structured parallel to assessment or environmental impact ADDRESSES: Please send any comments our Hazard Mitigation Grant Program statement under 44 CFR 10.8(d)(2)(ii), to the Rules Docket Clerk, Office of the (HMGP) program, which also has General Counsel, Federal Emergency where the rule is related to actions that property acquisition authority. We qualify for categorical exclusion under Management Agency, 500 C Street SW., expect to minimize the differences room 840, Washington, DC 20472, 44 CFR 10.8(d)(2)(vii). In addition, we between the two programs and to will perform an environmental review (facsimile) (202) 646–4536, or (email) simplify the administration of both [email protected]. under 44 CFR Part 10, Environmental programs in the field. The Act does Considerations, on each proposed FOR FURTHER INFORMATION CONTACT: contain several provisions that differ acquisition project before funding and Robert F. Shea, Mitigation Directorate, from the HMGP that States should note: implementation. Federal Emergency Management (a) Funds are to be used for Agency, 500 C Street SW., Washington, acquisition/relocation projects only; Executive Order 12898, Environmental DC 20472, (202) 646–3619, (facsimile) (b) To be eligible, projects may only Justice include properties that: (202) 646–3104, or (email) This rule will have no [email protected]. (1) Are located in the Special Flood Hazard Area; disproportionate, adverse impact on SUPPLEMENTARY INFORMATION: This (2) Are the principal residence of the low-income or minority populations interim final rule provides guidance on owner; and within the meaning of E.O. 12898. the administration of grants made under (3) Were made uninhabitable by Properties in Special Flood Hazard title I, chapter 2 of the Consolidated Hurricane Floyd or surrounding natural Areas that have a high risk of flooding Appropriations Act for FY 2000, hazard event. are frequently associated with depressed (‘‘Act’’), Pub.L. 106–113. The Act (c) Subgrantees may pay participating property values and inhabited by low- provides $215 million for the homeowners no more than the fair income residents. This is the case in acquisition and relocation of properties market value of the property before many communities that were affected by affected by Hurricane Floyd and September 1, 1999. Hurricane Floyd and that this rule surrounding events for hazard The HMGP does not have the targets for buyouts. The rule’s effect of mitigation purposes. limitations described above. offering such populations more than Recognizing that the overriding aim of We encourage States to implement post-event, current fair market value for the Hurricane Floyd supplemental this program in conjunction with the their damaged residences to relocate funds is to clear the floodplain by HMGP to the extent possible. States and voluntarily outside the flood hazard helping occupants to move out of applicants may use HMGP guidance area helps give low-income harm’s way, we intend to use the materials for acquisition and relocation homeowners the means to move to safer funding to meet the needs of lower projects, including the HMGP Interim ground, which might not otherwise be income households in the areas that are Desk Reference (FEMA–345) and the available to them. In some cases, where most affected by flood damage. We are Property Acquisition Handbook very low-priced residences are acquired, allocating the $215 million among the (FEMA–317) to the extent that the the buyout offer may not be enough to States that received major disaster guidance does not conflict with these pay for available housing outside the declarations due to Hurricane Floyd. regulations or the Act. For example, hazard area because the law caps the The allocation will be based on the FEMA–345 and FEMA–317 provide offer at pre-event value. In such cases number and value of properties meeting model deed restrictions and easements we will coordinate with the State to the eligibility criteria whose owners and detailed procedures for avoiding help identify alternative funding express interest in participating in a duplication of benefits provided by sources for those buyouts or to cover the buyout. We are requesting States by other programs or insurance. The model relocation differential.

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Executive Order 12866, Regulatory applicants meet the basic eligibility list of expected benefits and estimated Planning and Review requirements of this Authority. dollar values, alternative approaches considered to meet the objective, the The rule sets out our administrative Supplementary Information. This surrounding environment and possible procedures for making grants available collection is in accordance with FEMA’s for acquiring and relocating houses responsibilities under 44 CFR section environmental impacts, existing damaged by Hurricane Floyd. Most of 206.3 to provide an orderly and resources in the project area, provide an the $215,000,000 appropriation will be continuing means of assistance by the analysis of the environmental effects of obligated within one year. As such the Federal Government to State and local the proposed project and alternatives on rule will have an effect on the economy governments. The assistance provided the resources discussed above, provide of more than $100,000,000, the impact helps to alleviate the suffering and environmental studies/reviews, if of which will promote public health and damage that result from major disasters possible. safety by providing low-income and emergencies. Under the (4) Assurances and certifications. homeowners with the financial means Consolidated Appropriations Act of These are standard forms that are to move voluntarily out of high-risk FY2000, FEMA may provide assistance completed by the State. FEMA form 20– for the acquisition and relocation of flood hazard areas. Therefore, this rule 16 summarizes all assurances and properties affected by Hurrricane Floyd is a major rule as defined in 5 U.S.C. certifications that the State must sign in or surrounding events for hazard 804(2) and is an economically order to receive grant assistance. FEMA mitigation purposes. significant rule under Executive Order forms 20–16 and 20–16(c) list 12866. The Office of Management and Collection of Information. assurances that the State must provide Budget has reviewed this rule under Title. Hurricane Floyd Property in order to receive assistance for Executive Order 12866. Acquisition and Relocation Grants. construction programs. FEMA form 20– Type of Information Collection. New. Paperwork Reduction Act 16c lists three certifications that the Form Numbers. SF–424, Application State must make in order to receive The Federal Emergency Management for Federal Assistance; FEMA form 20– Federal assistance: lobbying; debarment, Agency is submitting a request for 15, Budget Information-Construction suspension, and other responsibility review and approval of a new collection Programs; FEMA form 20–16, 20–16c matters; and drug free workplace of information, which is contained in Assurances and Certifications; Standard requirements. this interim rule. The request is Form LLL, Disclosure of Lobbying (5) Disclosure of Lobbying Activities. submitted under the emergency Activities; FEMA form 20–10, Financial The SF–LLL is a standard form processing procedures in Office of Status Report; and the Performance disclosing lobbying activity on the part Management and Budget (OMB) report format. of grant recipients. These assurances are regulations 5 CFR 1320.13. FEMA is Abstract. an integral element of the grant requesting that this information (1) SF–424 facesheet. This is a agreement between FEMA and the State, collection be approved by February 11, standard form used by applicants to ensuring compliance with all applicable 2000, for use through July 2000. accompany applications for Federal Federal statutes, executive orders, and FEMA expects to follow this assistance. It provides the agency regulations. emergency request with a request for a summary information about applicant 3-year approval. The request will be organization and the type of assistance (6) Financial Status Report. The processed under OMB’s normal requested. Local governments may use FEMA Form 20–10—Financial Status clearance procedures in accordance the SF–424 to provide pertinent Report Form is used by Grantees, to give with the provisions of OMB regulation applicant profile information with their an accurate, current and complete 5 CFR 1320.10. To help us with the application. States may submit disclosure, on a quarterly basis the timely processing of the emergency and amendments to their original financial results of financially assisted normal clearance submissions to OMB, application by submitting an additional activities. Reporting must be made in FEMA invites the general public to SF–424 that requests a revision to the accordance with the financial reporting comment on the proposed collection of original. requirements of the grant or subgrant. information. This notice and request for (2) Budget forms. This is a standard Form 20–10 is due thirty (30) days after comments is in accordance with the form which applicants submit with the the expiration or termination of grant provisions of the Paperwork Reduction application detailing the proposed support. Grantees are required to submit Act of 1995 (44 U.S.C. 3506(c)(2)(A)). It budget for the grant. For construction an original and two copies to the also seeks comments concerning the projects, applicants complete FEMA Regional Office. Grantees may use this collection of information, which is form 20–15. FEMA will use this form in dealing with their subgrantees. necessary for State and local officials to information to determine if the (7) Performance Report. The State will apply for the Hurricane Floyd Special requested funding is reasonable and to use this format to report on the Buyout Authority. The forms or perform a benefit-cost analysis on the implementation schedule, any delays, formats—SF–424, Application for proposed project (construction projects projected overruns, and problems Federal Assistance; FEMA form 20–15, only). encountered. Budget Instructions—Construction (3) Project Narrative. The narrative Programs; Project Narrative (section statement, more commonly referred to Affected Public: State, local and tribal 209.8(b)); FEMA form 20–16, 20–16c as the project application, identifies the governments and Individuals and Assurances and Certifications; Standard proposed measure to be funded and households. The forms are used to allow Form LLL, Disclosure of Lobbying provides information supporting the State and local officials to apply for the Activities; FEMA form 20–10, Financial projects eligibility. The narrative will Hurricane Floyd Special Buyout Status Report; and the Performance/ contain nine essential elements: the Authority on behalf of their Progress Report format—serve as basic description of the hazard/problem, communities and citizens. screening and referral documents and proposed measures, location of project, Estimated Total Annual Burden may be used in determining whether proposed work schedule, an itemized Hours.

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Annual Type of collection/forms No. of Hours per burden respondents response hours

SF±424 (Application facesheet) ...... 213 .75 160 20±15 BudgetÐConstruction ...... 213 17.2 3,664 Project Narrative (section 209.8(b) ...... 213 15 3,195 20±16 (Summary of assurances & certifications) ...... 213 1.7 362 20±16b (Assurances, non-construction) ...... included in 20± ...... 16 20±16c (lobbying certification) ...... included in 20± ...... 16 SF±LLL (lobbying disclosure) ...... 213 .5 107 Form 20±10ÐFinancial Status Report 213× quarterly = 852 ...... 852 8 6,816 Performance Report 213 × quarterly = 852 ...... 852 4.2 3,578 Duplication of benefits review...... 213 12.62 2,688 Communities Individual homeowners ...... 5,375 1 5,375 AgreementÐSettlement/Deeds/Easement ...... 213 6.31 1,344 Communities Individual homeowners ...... 5,375 1 5,375 Individual HomeownersÐInitial Meeting/Letters ...... 5,375 2 10,750 Individual HomeownersÐAppraisal/Inspection Visit, Review, Offer ...... 5,375 1 5,375

Total Burden ...... 48,789

Estimated Cost. We have not FEMA Information Collections Officer, enterprises to compete with foreign- calculated the costs associated with this Federal Emergency Management based enterprises. This final rule is collection due to the emergency nature Agency, 500 C Street, SW, Room 316, subject to the information collection of the funding availability and grant Washington, DC 20472. Telephone requirements of the Paperwork approval process. However, we believe number (202) 646–2625. FAX number Reduction Act and OMB has assigned there are few additional costs associated (202) 646–3524 or e-mail Control No. 3067–0279. The rule is not with this authority. States may use [email protected]. an unfunded Federal mandate within existing systems for submitting grant the meaning of the Unfunded Mandates FOR FURTHER INFORMATION CONTACT: Ms. applications and reporting. Anderson at (202) 646–2625 for copies Reform Act of 1995, Pub. L. 104–4, and Comments: Written comments are of the proposed collection of any enforceable duties that we impose solicited to (a) evaluate whether the information. are a condition of Federal assistance or proposed data collection is necessary for a duty arising from participation in a the proper performance of the agency, Executive Order 12612, Federalism voluntary Federal program. including whether the information shall We have reviewed this rule under the List of Subjects in 44 CFR Part 209 have practical utility; (b) evaluate the threshold criteria of Executive Order accuracy of the agency’s estimate of the 13132, Federalism. We have determined Administrative practice and burden of the proposed collection of that the rule does not significantly affect procedure, Disaster assistance, Grant information, including the validity of the rights, roles, and responsibilities of programs, Reporting and recordkeeping the methodology and assumptions used; States, and involves no preemption of requirements. (c) enhance the quality, utility, and State law nor does it limit State Accordingly, we amend Chapter I, clarity of the information to be policymaking discretion. Subchapter D, by adding Part 209 to collected; and (d) minimize the burden read as follows: of the collection of information on those Congressional Review of Agency who are to respond, including through Rulemaking PART 209Ð HURRICANE FLOYD the use of appropriate automated, We have sent this final rule to the PROPERTY ACQUISITION AND electronic, mechanical, or other Congress and to the General Accounting RELOCATION GRANTS technological collection techniques or Office under the Congressional Review Sec. other forms of information technology, of Agency Rulemaking Act, Pub. L. 104– e.g., permitting electronic submission of 209.1 Purpose. 121. The rule is a ‘‘major rule’’ within 209.2 Definitions. responses. Comments should be the meaning of that Act. It is an 209.3 Roles and responsibilities. received within 60 days of the date of administrative action in support of 209.4 Allocation and availability of funds. this notice. normal day-to-day grant activities 209.5 Applicant eligibility. ADDRESSEE: required by Pub. L. 106–113, which 209.6 Project eligibility. Interested persons should submit prescribes how the $215,000,000 209.7 Priorities for project selection. written comments to the Desk Officer appropriation will be transferred 209.8 Application and review process. for the Federal Emergency Management through grants to certain States. 209.9 Appeals. 209.10 Project implementation Agency, Office of Management and The rule will not result in a major requirements. Budget, Office of Information and increase in costs or prices for 209.11 Grant administration. Regulatory Affairs, 725 17th Street, NW, consumers, individual industries, 209.12 Oversight and results. Washington, DC 20503 within 30 days Federal, State, or local government Authority: Pub. L. 106–113, Appendix E— of this notice. FEMA will continue to agencies, or geographic regions. It will H.R. 3425; Robert T. Stafford Disaster Relief accept comments for an additional 30 not have ‘‘significant adverse effects’’ on and Emergency Assistance Act, 42 U.S.C. days. Send written comments on the competition, employment, investment, 5121 et seq., Reorganization Plan No. 3 of collection of information, including the productivity, innovation, or on the 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. burden estimate to Muriel B. Anderson, ability of United States-based 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979

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Comp., p. 376; E.O. 12148, 44 FR 43239, 3 § 209.5 Applicant eligibility. receive and approve them. The Regional CFR, 1979 Comp., p. 412. The following are eligible to apply to Director may extend the deadline by up § 209.1 Purpose. the State for a grant: to 60 days, upon a State’s request, if (a) State and local governments; extenuating circumstances prevent the This part provides guidance on the (b) Indian tribes or authorized tribal State from meeting the deadline. administration of grants made under the organizations. A tribe may apply either (b) Format. The State will forward its Consolidated Appropriations Act for FY to the State or directly to FEMA. application to the Regional Director. 2000, Pub. L. 106–113, which provides (c) Private nonprofit organizations The Application will include a Standard $215 million for the acquisition and with a conservation purpose as qualified Form (SF) 424, Application for Federal relocation of properties affected by under section 170(h) of the Internal Assistance, FEMA Form 20–16B, Hurricane Floyd or surrounding events Revenue Code of 1954, as amended, 26 Assurances for Construction Programs, for hazard mitigation purposes. U.S.C. 170(h), and applicable attached community project § 209.2 Definitions. regulations promulgated thereunder. applications (buyout plans) selected by the State, and the State’s certification Except as noted in this part, the § 209.6 Project eligibility that the State has reviewed all definitions listed at 44 CFR 206.2 apply (a) Eligible types of project activities. applications and that they meet program to the implementation of this part. This grant authority is for projects to eligibility criteria. Community project § 209.3 Roles and responsibilities. acquire and demolish or relocate applications will include: floodprone properties. Approved We describe specific responsibilities (1) Community applicant information, projects will meet the following criteria of program participants throughout this including contact names and numbers; and comply with program requirements. part. The following materials describe (2) Summary project information; (b) Eligibility criteria. To be eligible, the general roles of FEMA, the State, (3) Description of the problem projects must: and communities or other organizations addressed by the proposed project; (1) Be cost effective. The State will that receive grant assistance. (4) Description of the applicant’s complete a benefit-cost analysis, using a (a) Federal. The Director will allocate decision-making process, including FEMA-approved methodology. We will alternatives considered; available funding to States that received review the State’s analysis. major disaster declarations resulting (5) Project description, including (2) Include only properties that: property locations and scope of from Hurricane Floyd and surrounding (i) The owner agrees to sell events. The Regional Directors will activities; voluntarily; (6) Project cost estimate and match provide technical assistance to States (ii) Are located in the Special Flood source; upon request, make grant awards, and Hazard Area; (7) Open space use description and oversee program implementation. (iii) Served as the principal residence maintenance assurance; (b) State. The State will be the for the owner (i.e., meets criteria for (8) Cost-effectiveness information, or Grantee to which FEMA awards funds owner-occupied, primary residence State’s benefit-cost analysis; and will be accountable for the use of under our Individual Assistance (9) Environmental and historic those funds. The State will determine program); and preservation information; and priorities for funding within the State (iv) Were made uninhabitable (as (10) Attachments as necessary and provide technical assistance and certified by an appropriate State or local (property site inventory, location map, oversight to subgrantees for project official) by the effects of Hurricane FIRM, etc); development and implementation. The Floyd or surrounding natural hazard (c) FEMA review. FEMA will review State will report program progress and events. the State’s eligibility determination and results to us. Native American tribes (3) Conform with 44 CFR Part 9, either approve, deny, or request will be the grantee and carry out ‘‘state’’ Floodplain Management and Protection additional information within 60 days. roles when they apply directly to of Wetlands; 44 CFR Part 10, The Regional Director may extend this FEMA. Environmental Considerations; and any timeframe if complicated issues arise. (c) Subgrantee. The subgrantee (a applicable environmental and historic State agency, local government, or preservation laws and regulations. § 209.9 Appeals. private non-profit organization) will The State may appeal decisions by coordinate with interested homeowners § 209.7 Priorities for project selection. FEMA regarding the eligibility of to complete an application to the State States will set priorities in their State submitted applications within 60 days and implement all approved projects. Hazard Mitigation Plan (State buyout of receipt of the decision. The format The subgrantee generally takes title to plan) to use as the basis for selecting and timelines for the appeal must all property and manages it as open projects for funding. The State’s conform to 44 CFR 206.440. space. The subgrantee is accountable to priorities will address, at a minimum, the State for the use of funds. substantially damaged properties, § 209.10 Project implementation repetitive loss target properties, and requirements. § 209.4 Allocation and availability of funds. such other criteria that the State deems Subgrantees must enter into an (a) The Director will allocate available necessary to comply with the law. States agreement with the State, with the funds based on the number and value of may update their Hazard Mitigation concurrence of the Regional Director, properties meeting the eligibility criteria Grant Program administrative plan to that provides the following assurances: whose owners have expressed interest incorporate administration and project (a) The subgrantee will administer the in participating in a buyout. selection under this authority. grant and implement the project in (b) The Director may reallocate funds accordance with program requirements, for which we do not receive and § 209.8 Application and review process. 44 CFR parts 13 and 14, the grant approve adequate applications. We will (a) Timeframes. States will set local agreement, and with applicable Federal, obligate all available funds by January 1, application deadlines. States must State, and local laws and regulations. 2002, unless extenuating circumstances forward all applications by April 30, (b) Participating property owners may exists. 2000. We will fund projects as we receive assistance up to the fair market

VerDate 272000 21:42 Feb 10, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\11FER4.SGM pfrm03 PsN: 11FER4 7274 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations value of their real property as of provisions of the agreement. The State (c) Progress reports. The State must September 1, 1999 (reduced by any will report the certification to us. provide a quarterly progress report to us potential duplication of benefits from (d) In general, allowable open space, under 44 CFR 13.40, indicating the other sources). recreational, and wetland management status and completion date for each (c) The following restrictive covenants uses include parks for outdoor project funded. The report will include must be conveyed in the deed to any recreational activities, nature reserves, any problems or circumstances affecting property acquired, accepted, or from cultivation, grazing, camping (except completion dates, scope of work, or which structures are removed (‘‘the where adequate warning time is not project costs that may result in property’’): available to allow evacuation), noncompliance with the approved grant (1) The property must be dedicated temporary storage in the open of conditions. and maintained in perpetuity for uses wheeled vehicles which are easily (d) Financial reports. The State must compatible with open space, movable (except mobile homes), provide a quarterly financial report to us recreational, or wetlands management unimproved, permeable parking lots, under 44 CFR 13.41. practices; and and buffer zones. Allowable uses (2) No new structure(s) will be built generally do not include walled § 209.12 Oversight and results. on the property except for the following: buildings, flood reduction levees, or (i) A public facility that is open on all (a) FEMA oversight. Our Regional sides and functionally related to a other uses that obstruct the natural and Directors are responsible for overseeing designated open space or recreational beneficial functions of the floodplain. this grant authority and for ensuring that States and subgrantees meet all use; § 209.11 Grant administration. (ii) A public rest room; or program requirements. Regional (iii) A structure that is compatible Cost share. We may contribute up to Directors will review program progress with open space, recreational, or 75 percent of the total eligible costs. The quarterly. wetlands management usage and proper State must ensure that non-Federal (b) Monitoring and enforcement. floodplain management policies and sources contribute not less than 25 Subgrantees, States, and FEMA will practices, which the Director approves percent of the total eligible costs for the monitor the properties purchased under in writing before the construction of the grant. The State or any subgrantee this authority and ensure they are structure begins. cannot use funds that we provide under maintained in open space use. FEMA (3) After completing the project, no this Act as the non-Federal match for and the State may enforce the agreement application for additional disaster other Federal funds nor can the State or by taking any measures they deem assistance will be made for any purpose any subgrantee use other Federal funds appropriate. with respect to the property to any as the required non-Federal match for (c) Program results. The State will Federal entity or source, and no Federal these funds, except as provided by review the effectiveness of approved entity or source will provide such statute. projects after each future flood event in assistance. (b) Allowable costs. A State may find the affected area to monitor whether (4) Any structures built on the guidance on allowable costs for States projects are resulting in expected property according to paragraph (c)(2) of and subgrantees in Office of savings. The State will report to FEMA this section, must be located to Management and Budget (OMB) on program effectiveness after project minimize the potential for flood Circular A–87 and A–122 on the Cost completion and after each subsequent damage, be floodproofed, or be elevated Principles. States may use up to 7% of flood event. to the Base Flood Elevation plus one these funds for costs to manage the Dated: February 7, 2000. foot of freeboard. grant. The State should include (5) Every two years on October 1st, management costs in its application. James L. Witt, the subgrantee will report to the State, Subgrantees must include reasonable Director. certifying that the property continues to costs to administer the grant as a direct [FR Doc. 00–3235 Filed 2–10–00; 8:45 am] be maintained consistent with the project cost in their budget. BILLING CODE 6718±04±P

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Reader Aids Federal Register Vol. 65, No. 29 Friday, February 11, 2000

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

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 960...... 5418 Proposed Rules: Presidential Documents Proclamations: Ch. I ...... 4895 Executive orders and proclamations 523±5227 7270...... 5217 225...... 6924 The United States Government Manual 523±5227 7271...... 5219 611...... 5286 Executive Orders: 951...... 5447 13145...... 6877 Other Services 997...... 5447 Administrative Orders: Electronic and on-line services (voice) 523±4534 Directive of January 13 CFR Privacy Act Compilation 523±3187 31, 2000 ...... 5729 400...... 6888 Public Laws Update Service (numbers, dates, etc.) 523±6641 Directive of January 500...... 6888 TTY for the deaf-and-hard-of-hearing 523±5229 31, 2000 ...... 5731 Presidential Determinations: 14 CFR ELECTRONIC RESEARCH No. 2000±10 of 39...... 4754, January 31, 2000 ...... 5407 4755, 4757, 4760, 4761, World Wide Web No. 2000±11 of 4870, 5222, 5228, 5229, 5235, 5238, 5241, 5243, Full text of the daily Federal Register, CFR and other February 1, 2000 ...... 6523 5419, 5421, 5422, 5425, publications: 5 CFR 5427, 5428, 5739, 5741, http://www.access.gpo.gov/nara 581...... 4753 5743, 5745, 5746, 5749, Federal Register information and research tools, including Public 582...... 4753 5752, 5754, 5757, 5759, Inspection List, indexes, and links to GPO Access: 1201...... 5409 5761, 6444, 6533, 6534 1208...... 5410 71 ...... 4871, 4872, 4873, 4874, http://www.nara.gov/fedreg Proposed Rules: 5762, 5763, 5764, 5765, E-mail 630...... 6339 5767, 5768, 5769, 5770, 5999, 6000, 6320, 6535 7 CFR PENS (Public Law Electronic Notification Service) is an E-mail 91...... 5396, 5936 service for notification of recently enacted Public Laws. To 1...... 5414 93...... 5396 subscribe, send E-mail to 301 ...... 4865, 5221, 6525 97 ...... 4875, 4877, 4879, 6321, [email protected] 505...... 6526 6324 with the text message: 905...... 5733 121...... 5396 916...... 6305 135...... 5396 subscribe PUBLAWS-L your name 917...... 6305 200...... 6446 Use [email protected] only to subscribe or unsubscribe to 944...... 5733 211...... 6446 PENS. We cannot respond to specific inquiries. 955...... 5736 213...... 6446 981...... 4867 Reference questions. Send questions and comments about the 216...... 6446 985...... 6308, 6528 Federal Register system to: 291...... 6446 3418...... 5993 300...... 6446 [email protected] Proposed Rules: 302...... 6446 The Federal Register staff cannot interpret specific documents or 54...... 4780 303...... 6446 regulations. 245...... 5791 305...... 6446 457...... 6033 377...... 6446 718...... 5444 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 385...... 6446 989...... 6341 399...... 6446 4753±4864...... 1 1735...... 6922 Proposed Rules: 4865±5218...... 2 9 CFR 21...... 5224 25...... 5024 5219±5406...... 3 1...... 6312 5407±5732...... 4 39...... 4781, 77...... 5998 4782, 4784, 4786, 4788, 5733±5992...... 7 Ch. III ...... 00000 4790, 4792, 4793, 4897, 5993±6304...... 8 381...... 6886 4900, 4902, 4904, 4906, 6305±6522...... 9 Proposed Rules: 5453, 5455, 5456, 5459, 6523±6880...... 10 94...... 6040 6046, 6563, 6565, 6566, 6881±00000...... 11 6925, 6927 10 CFR 71 ...... 4910, 4911, 5804 708...... 6314 91...... 5024 Proposed Rules: 108...... 4912 50...... 6044 109...... 4912 111...... 4912 12 CFR 121...... 4912 201...... 6531 125...... 5024 272...... 6319 129...... 4912 936...... 5738 191...... 4912

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17 CFR 30 CFR 300...... 5465, 5844 111...... 6111 1...... 6569 250...... 6536 445...... 6950 232...... 6444 938...... 4882 42 CFR 47 CFR 946...... 5782 18 CFR 412...... 5933 Ch. I ...... 5267 413...... 5933 1...... 4891 Proposed Rules: 32 CFR 483...... 5933 51...... 6912 270...... 6048 505...... 6894 485...... 5933 73...... 6544 375...... 6048 97...... 6548 381...... 6048 33 CFR Proposed Rules: Proposed Rules: 382...... 5289 36...... 4797 117 ...... 5785, 6325, 6326 1...... 6113 43 CFR 19 CFR Proposed Rules: 25...... 6950 100...... 5833 11...... 6012 73 ...... 4798, 4799, 4923 132...... 5430 110...... 5833 76...... 4927 163...... 5430 Proposed Rules: 165...... 5833 2560...... 6259 95...... 4935 Proposed Rules: 12...... 6062 34 CFR 44 CFR 48 CFR 113...... 6062 676...... 4886 209...... 00000 Ch. 2 ...... 6554 20 CFR Proposed Rules: 65 ...... 6014, 6018, 6023, 6025 201...... 6551 611...... 6936 Proposed Rules: 67 28, 6031 203...... 4864 694...... 5844 404...... 6929 Proposed Rules: 209...... 4864 416...... 6929 36 CFR 67...... 6103, 6105 211...... 6553 212...... 6553 327...... 6896 21 CFR 45 CFR 219...... 6554 Proposed Rules: 175...... 6889 1303...... 4764 225 ...... 4864, 6551, 6553 217...... 5462 522...... 6892 Proposed Rules: 249...... 4864 219...... 5462 876...... 4881 96...... 5471 252...... 6553 242...... 5196 886...... 6893 1825...... 6915 1234...... 5295 46 CFR 1308...... 5024 1852...... 6915 2...... 6494 Proposed Rules: 37 CFR 2432...... 6444 30...... 6494 9903...... 5990 1310...... 4913 Proposed Rules: 31...... 6494 Proposed Rules: 201...... 6573, 6946 23 CFR 52...... 6494 30...... 4940 61...... 6494 Proposed Rules: 38 CFR 215...... 6574 645...... 6344 71...... 6494 252...... 6574 21...... 5785 90...... 6494 24 CFR Proposed Rules: 91...... 6494 49 CFR 206...... 5406 21...... 4914 98...... 6494 107...... 6494 195...... 4770 26 CFR 39 CFR 110...... 6494 571...... 6327 1 ...... 5432, 5772, 5775, 5777, 111 ...... 4864, 5789, 6903 114...... 6494 Proposed Rules: 6001 3001...... 6536 115...... 6494 567...... 5847 35...... 6001 Proposed Rules: 125...... 6494 568...... 5847 602 ...... 5775, 5777, 6001 111...... 4918, 6950 126...... 6494 50 CFR Proposed Rules: 132...... 6494 40 CFR 1 ...... 5805, 5807, 6065, 6090 133...... 6494 13...... 6916 602...... 5807 52 ...... 4887, 5245, 5252, 5259, 134...... 6494 17 ...... 4770, 52680, 6332, 6916 5262, 5264, 5433, 6327 167...... 6494 18...... 52750 27 CFR 62...... 6008 169...... 6494 679 .....4891, 4892, 4893, 5278, Proposed Rules: 80...... 6698 175...... 6494 5283, 5284, 5285, 5442, 9...... 5828 85...... 6698 176...... 6494 6561, 6921 86...... 6698 188...... 6494 Proposed Rules: 29 CFR 300...... 5435 189...... 6494 17 ...... 4940, 5298, 5474, 5848, 44...... 00000 761...... 5442 195...... 6494 5946, 6114, 6952 2520...... 00000 Proposed Rules: 199...... 6494 100...... 5196 2560...... 00000 52 ...... 5296, 5297, 5298, 5462, 388...... 6905 223...... 6960 2570...... 00000 5463, 6091 Proposed Rules: 622...... 5299 Proposed Rules: 62...... 6102 15...... 6350 648 ...... 4941, 5486, 6575, 6975 1910...... 4795 130...... 4919 110...... 6111 660 ...... 6351, 6577, 6976

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REMINDERS Sponsor name and address AGRICULTURE Atlantic highly migratory The items in this list were changesÐ DEPARTMENT speciesÐ editorially compiled as an aid Bayer Corp.; published 2- Farm Service Agency Pelagic longline to Federal Register users. 11-00 Program regulations: management; comments Inclusion or exclusion from Biological products: Section 502 Guaranteed due by 2-14-00; this list has no legal Blood, blood components, Rural Housing Program; published 12-15-99 significance. and source plasma administration; comments Caribbean, Gulf, and South requirements; revisions; due by 2-14-00; published Atlantic fisheriesÐ published 8-19-99 12-15-99 Gulf of Mexico reef fish; RULES GOING INTO Food additives: AGRICULTURE comments due by 2-15- EFFECT FEBRUARY 11, 00; published 12-17-99 Adjuvants, production aids DEPARTMENT 2000 and sanitizersÐ Rural Business-Cooperative DEFENSE DEPARTMENT 1,2-dibromo-2,4- Service Acquisition regulations: AGRICULTURE dicyanobutane et al.; Program regulations: Profit policy; comments due DEPARTMENT published 2-11-00 Section 502 Guaranteed by 2-17-00; published 2- Agricultural Marketing NATIONAL AERONAUTICS Rural Housing Program; 10-00 Service AND SPACE administration; comments ENERGY DEPARTMENT Walnuts grown inÐ ADMINISTRATION due by 2-14-00; published Nuclear waste repositories: California; published 1-12-00 Federal Acquisition Regulation 12-15-99 Yucca Mountain Site, NV; Rural Economic Development AGRICULTURE (FAR): suitability guidelines Loan and Grant Program; DEPARTMENT Export controlled technology; Hearings; comments due standard clause; published comments due by 2-14-00; by 2-14-00; published Food Safety and Inspection published 12-15-99 Service 2-11-00 12-15-99 AGRICULTURE TRANSPORTATION ENERGY DEPARTMENT Meat and poultry inspection: DEPARTMENT DEPARTMENT Energy Efficiency and State termination Rural Housing Service designationÐ Federal Aviation Renewable Energy Office Administration Program regulations: Consumer products; energy Minnesota; published 2- Section 502 Guaranteed 11-00 Airworthiness directives: conservation program: Rural Housing Program; Dishwashers; test AGRICULTURE General Electric Aircraft administration; comments procedures; comments DEPARTMENT Engines; published 1-12- due by 2-14-00; published 00 due by 2-14-00; published Rural Utilities Service 12-15-99 1-13-00 TRANSPORTATION Electric loans: AGRICULTURE DEPARTMENT ENVIRONMENTAL Insured and guaranteed DEPARTMENT Maritime Administration PROTECTION AGENCY loans; post-loan policies Rural Utilities Service Air quality implementation and procedures; published Coastwise trade laws; Program regulations: administrative waivers; plans; approval and 12-28-99 Section 502 Guaranteed published 2-11-00 promulgation; various DEFENSE DEPARTMENT Rural Housing Program; States: Army Department administration; comments California; comments due by RULES GOING INTO due by 2-14-00; published Privacy Act: 2-18-00; published 1-19- EFFECT FEBRUARY 12, 12-15-99 00 Implementation; published 2- 2000 Rural Economic Development 11-00 Connecticut; comments due Loan and Grant Program; by 2-14-00; published 12- EMERGENCY OIL AND GAS COMMERCE DEPARTMENT comments due by 2-14-00; 16-99 GUARANTEED LOAN published 12-15-99 National Oceanic and Delaware; comments due by BOARD Atmospheric Administration Telecommunication loans: 2-14-00; published 12-16- National Environmental Policy Fishery conservation and Guaranteed and insured 99 Act; implementation: management: loans; post-loan policies District of Columbia, Loan guarantee decisions; and procedures; Alaska; fisheries of Maryland, and Virginia; application deadline; comments due by 2-14- Exclusive Economic comments due by 2-14- published 2-11-00 00; published 12-15-99 ZoneÐ 00; published 12-16-99 COMMERCE DEPARTMENT EMERGENCY STEEL Pacific halibut and red Florida; comments due by GUARANTEE LOAN BOARD king crab; published 12- National Oceanic and 2-18-00; published 1-19- National Environmental Policy 28-99 Atmospheric Administration 00 Act; implementation: Endangered and threatened Georgia; comments due by species: 2-14-00; published 12-16- Loan guarantee decisions; COMMENTS DUE NEXT Gulf of Maine anadromous 99 application deadline; WEEK published 2-11-00 Atlantic salmon; Illinois; comments due by 2- comments due by 2-15- 14-00; published 12-16-99 FEDERAL EMERGENCY AGRICULTURE 00; published 11-17-99 MANAGEMENT AGENCY Indiana; comments due by DEPARTMENT Fishery conservation and 2-14-00; published 12-16- Disaster assistance: Food and Nutrition Service management: 99 Hurricane Floyd property Food stamp program: Alaska; fisheries of Maryland; comments due by acquisition and relocation Exclusive Economic 2-14-00; published 12-16- grants; published 2-11-00 Personal Responsibility and Work Opportunity ZoneÐ 99 HEALTH AND HUMAN Reconcilation Act; Pollock; comments due by Massachusetts; comments SERVICES DEPARTMENT implementationÐ 2-14-00; published 12- due by 2-14-00; published Food and Drug Personal responsibility 29-99 12-16-99 Administration provisions; comments Pollock; comments due by New Jersey; comments due Animal drugs, feeds, and due by 2-15-00; 2-17-00; published 2-2- by 2-14-00; published 12- related products: published 12-17-99 00 16-99

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New York; comments due Satellite communicationsÐ- National Medical Support due by 2-14-00; published by 2-14-00; published 12- 2 GHz mobile satellite Notice; child support 12-14-99 16-99 service systems; orders; health care TRANSPORTATION Pennsylvania; comments authorization; comments coverage provisions; DEPARTMENT comments due by 2-14- due by 2-14-00; published due by 2-17-00; Federal Aviation 00; published 11-15-99 12-16-99 published 2-11-00 Administration Tennessee; comments due GENERAL SERVICES LIBRARY OF CONGRESS Airworthiness directives: by 2-18-00; published 1- ADMINISTRATION Copyright Office, Library of Agusta S.p.A.; comments 19-00 Federal Acquisition Regulation Congress Texas; comments due by 2- due by 2-18-00; published (FAR): Digital Millennium Copyright 14-00; published 12-16-99 12-20-99 Multiple-award contracts Act: Wisconsin; comments due Bell; comments due by 2- competition; comments Circumvention of copyright 14-00; published 12-16-99 by 2-14-00; published 12- due by 2-14-00; published 16-99 protection systems for Boeing; comments due by 12-15-99 access control Air quality implementation 2-14-00; published 12-29- technologies; exemption to plans; √A√approval and HEALTH AND HUMAN 99 prohibition; comments due promulgation; various SERVICES DEPARTMENT Bombardier; comments due by 2-17-00; published 2- States; air quality planning Food and Drug by 2-14-00; published 1- 10-00 purposes; designation of Administration 14-00 areas: Food for human consumption: NATIONAL AERONAUTICS Cessna; comments due by Indiana; comments due by Food labelingÐ AND SPACE 2-14-00; published 12-29- 2-18-00; published 1-19- Trans fatty acids in ADMINISTRATION 99 00 nutrition labeling, Acquisition regulations: Fokker; comments due by Hazardous waste program nutrient content claims, Elements; elimination as 2-14-00; published 1-14- authorizations: and health claims; category in evaluation; 00 North Dakota; comments comments due by 2-15- comments due by 2-14- Learjet; comments due by due by 2-18-00; published 00; published 11-17-99 00; published 12-16-99 2-14-00; published 12-29- 1-19-00 HEALTH AND HUMAN Federal Acquisition Regulation 99 Hazardous waste: SERVICES DEPARTMENT (FAR): McDonnell Douglas; Cement kiln dust; Health plans, health care Multiple-award contracts comments due by 2-18- management standards; clearinghouses, and health competition; comments 00; published 12-20-99 comments due by 2-17- care providers: due by 2-14-00; published New Piper Aircraft, Inc.; 00; published 10-28-99 Administrative data 12-15-99 comments due by 2-17- Identification and listingÐ standards and related NORTHEAST DAIRY 00; published 12-14-99 Mixture and derived-from requirementsÐ COMPACT COMMISSION Transport airplanes rules; treatment, storage Individually identifiable equipped with Mode ``C'' or disposal; comments Over-order price regulations: health information; transponder(s) with single due by 2-17-00; Technical amendments; privacy standards; Gillham code altitude published 11-19-99 hearing; comments due comments due by 2-17- input; comments due by Mixed waste; storage, by 2-16-00; published 1- 00; published 12-15-99 12-00 2-14-00; published 12-16- treatment, transportation, 99 and disposal; comments INTERIOR DEPARTMENT NUCLEAR REGULATORY Class E airspace; comments due by 2-17-00; published Fish and Wildlife Service COMMISSION due by 2-16-00; published 11-19-99 Endangered and threatened Production and utilization 1-12-00 Pesticides; tolerances in food, species: facilities; domestic licensing: animal feeds, and raw Cowhead Lake tui chub; TRANSPORTATION Antitrust review authority; DEPARTMENT agricultural commodities: comments due by 2-16- clarification; comments Federal Railroad Metsulfuron methyl; 00; published 2-2-00 due by 2-15-00; published Administration comments due by 2-14- Critical habitat 1-21-00 00; published 12-16-99 Railroad safety enforcement designationsÐ Rulemaking petitions: Superfund program: procedures: Spikedace and loach Quigley, Barry; comments National oil and hazardous Light rail transit operations minnow; comments due due by 2-14-00; published substances contingency on general railroad by 2-14-00; published 12-1-99 planÐ 1-12-00 system; safety jurisdiction; National priorities list Gulf of Maine anadromous SECURITIES AND joint agency policy update; comments due Atlantic salmon; EXCHANGE COMMISSION statement with Federal by 2-18-00; published comments due by 2-15- Regulatory Flexibility Act: Transit Administration; 1-19-00 00; published 11-17-99 Rules to be reviewed; list; comments due by 2-14- 00; published 1-12-00 National priorities list INTERIOR DEPARTMENT comments due by 2-15- update; comments due Surface Mining Reclamation 00; published 1-21-00 TRANSPORTATION by 2-18-00; published and Enforcement Office TRANSPORTATION DEPARTMENT 1-19-00 DEPARTMENT National Highway Traffic National priorities list Permanent program and Coast Guard Safety Administration update; comments due abandoned mine land reclamation plan Merchant marine officers and Motor vehicle safety by 2-18-00; published standards: 1-19-00 submissions: seamen: Interior trunk releases; National priorities list Utah; comments due by 2- Licensing and manning for comments due by 2-15- update; comments due 14-00; published 1-14-00 officers of towing vehicles; 00; published 12-17-99 by 2-18-00; published LABOR DEPARTMENT comments due by 2-17- 1-19-00 Pension and Welfare 00; published 11-19-99 TREASURY DEPARTMENT FEDERAL Benefits Administration Ports and waterways safety: Comptroller of the Currency COMMUNICATIONS Group health plans; access, Puget Sound, WA; vessel Corporate activities: COMMISSION portability, and renewability traffic service; radio National banks; financial Common carrier services: requirements: frequencies; comments subsidiaries and operating

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subsidiaries; comments by 2-16-00; published 11- 106th Congress has been A Cumulative List of Public due by 2-14-00; published 18-99 completed and will resume Laws for the first session of 1-20-00 when bills are enacted into the 106th Congress will be TREASURY DEPARTMENT law during the second session published in the Federal Internal Revenue Service LIST OF PUBLIC LAWS of the 106th Congress, which Register on December 30, Estate and gift taxes: convenes on January 24, 1999. Generation-skipping transfer Note: The List of Public Laws 2000. tax issues; comments due for the first session of the Last List December 21, 1999

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