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2 III

Contents Federal Register Vol. 63, No. 51

Tuesday, March 17, 1998

Agricultural Marketing Service Customs Service RULES RULES Specialty crops; import regulations: Drawback; manufacturing, unused merchandise, etc. Peanuts, 12977–12979 Correction, 13105 Entry process procedures; entry filer codes publication, Agriculture Department 12995–12996 See Agricultural Marketing Service Organization and functions; field organization, ports of entry, etc: Army Department Kodiak AK, port of entry, 12994 PROPOSED RULES NOTICES Meetings: Organization and functions; field organization, ports of Army Science Board, 13037–13038 entry, etc.: Privacy Act: Fort Myers, FL, 13025–13026 NOTICES Systems of records, 13038 Uruguay Round Agreements Act (URAA): Foreign entities violating textile transshipment rules; list, Centers for Disease Control and Prevention 13097–13099 NOTICES Committees; establishment, renewal, termination, etc.: Defense Department Director’s Advisory Committee; correction, 13049–13050 See Army Department Energy-Related Epidemiologic Research Advisory See Defense Logistics Agency Committee, 13050 See Navy Department Grants and cooperative agreements; availability, etc.: Occupational safety and health— Defense Logistics Agency National Occupational Research Agenda; FY 1998 NOTICES funding availability, 13051–13057 Agency information collection activities: Meetings: Proposed collection; comment request, 13038–13039 National Occupational Research Agenda Musculoskeletal Team and Health Care Focus Group; NIOSH, 13050 Energy Department See Federal Energy Regulatory Commission Coast Guard NOTICES NOTICES Inactive uranium mill tailings sites; designations revoked: Environmental statements; availability, etc.: North Dakota, 13039–13040 Short range communications system— Meetings: National distress system; maritime safety, maritime law Environmental management site-specific advisory enforcement, national security, etc., 13092–13094 board— Oak Ridge Reservation, 13041 Commerce Department Rocky Flats, 13040–13041 See International Trade Administration Secretary of Energy Advisory Board, 13041–13042 See National Oceanic and Atmospheric Administration See Patent and Trademark Office Environmental Protection Agency NOTICES Committee for the Implementation of Textile Agreements Agency information collection activities: Submission for OMB review; comment request, 13044– NOTICES 13045 Cotton, wool, and man-made textiles: Meetings: Guatemala, 13036 State and tribal toxics action projects forum, 13045 Indonesia, 13036–13037 Reporting and recordkeeping requirements, 13045–13046 Toxic and hazardous substances control: Commodity Futures Trading Commission Test guidelines; availability, 13046–13047 PROPOSED RULES Commodity Exchange Act: Executive Office of the President Eligible bunched orders; account identification, 13025 See Presidential Documents

Consumer Product Safety Commission Federal Aviation Administration PROPOSED RULES RULES Flame retardant chemicals that may be suitable for use in Class E airspace, 12988–12991 upholstered furniture; public hearing, 13017–13019 Class E airspace; withdrawn, 12991–12992 Poison prevention packaging: PROPOSED RULES Child-resistant packaging requirements— Airworthiness directives: Minoxidil preparations with more than 14 mg of Alexander Schleicher Segelflugzeugbau, 13013–13015 minoxidil per package, 13019–13025 Class E airspace, 13015–13017 IV Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Contents

NOTICES See Food and Drug Administration Meetings: See Health Resources and Services Administration RTCA, Inc., 13094–13095 See National Institutes of Health Transport airplane emergency evacuation; passenger capacity increases and compliance with type Health Resources and Services Administration certification requirements; policy statement, 13095– NOTICES 13096 Agency information collection activities: Proposed collection; comment request, 13050–13051 Federal Communications Commission PROPOSED RULES Housing and Urban Development Department Radio stations; table of assignments: RULES Virginia, 13027–13028 Public and Indian housing: NOTICES Native American Housing Assistance and Self- Agency information collection activities: Determination Act of 1996; implementation Submission for OMB review; comment request, 13047– Correction, 13105 13049 Reporting and recordkeeping requirements, 13049 Immigration and Naturalization Service RULES Federal Energy Regulatory Commission Immigration: NOTICES Benefits applicants and petitioners fingerprinting fees Meetings: and requirements for conducting criminal East Tennessee Natural Gas Co. et al., 13044 background checks before final naturalization Millennium Pipeline Co., L.P., et al; environmental adjudication, 12979–12988 scoping, 13044 Applications, hearings, determinations, etc.: Interior Department ANR Pipeline Co., 13042 See Fish and Wildlife Service CNG Transmission Corp., 13042 See Land Management Bureau Koch Gateway Pipeline Co., 13042 See Reclamation Bureau New England Power Co., 13042–13043 NOTICES Northern Natural Gas Co., 13043–13044 Watches and watch movements; allocation of duty- Tennessee Gas Pipeline Co., 13044 exemptions: Virgin Islands, 13033–13034 Federal Highway Administration NOTICES Internal Revenue Service Environmental statements; notice of intent: NOTICES Howard County, MD; Clarksville Road, 13096 Agency information collection activities: Proposed collection; comment request, 13099–13103 Federal Maritime Commission NOTICES International Trade Administration Agreements filed, etc., 13049 NOTICES Antidumping: Federal Trade Commission Ferrovanadium and nitrided vanadium from— NOTICES Russian Federation, 13031 Meetings; Sunshine Act, 13049 Stainless steel butt-weld pipe fittings from— Taiwan, 13031–13032 Fish and Wildlife Service Stainless steel wire rod from— NOTICES Germany, 13032 Endangered and threatened species: Welded stainless steel pipe from— Incidental take permits— Taiwan, 13032 California gnatcatcher, 13063–13064 North American Free Trade Agreement (NAFTA); Unarmored threespine stickleback et al., 13062–13063 binational panel reviews: Endangered and threatened species permit applications, High fructose corn syrup from— 13061–13062 United States, 13033 Meetings: Watches and watch movements; allocation of duty- Klamath Fishery Management Council, 13064–13065 exemptions: Pipeline right-of-way applications: Virgin Islands, 13033–13034 Minnesota, 13065–13066 Justice Department Food and Drug Administration See Immigration and Naturalization Service RULES NOTICES Tea Importation Act regulations; CFR part removed, 12996– Pollution control; consent judgments: 12997 A-1 Battery, Inc., 13071–13072 NOTICES Bell Petroleum et al., 13072 Meetings: Moses Lake, Port of, 13072 Arthritis Advisory Committee; correction, 13050 Reynolds Metals Co. and Westvaco Corp., 13073

Health and Human Services Department Labor Department See Centers for Disease Control and Prevention See Occupational Safety and Health Administration Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Contents V

Land Management Bureau PROPOSED RULES NOTICES Fishery conservation and management: Closure of public lands: Northeastern United States fisheries— Arizona, 13067 Summer flounder, scup, and black sea bass, 13028– California, 13067 13030 Coal leases, exploration licenses, etc.: NOTICES Montana, 13067–13068 Meetings: Utah, 13068 Mid-Atlantic Fishery Management Council, 13034 Environmental statements; notice of intent: New England Fishery Management Council, 13034–13035 Glenwood Springs Resource Area; Resource Management Plan; oil and gas development, 13068–13069 Navy Department Land use decisions and review: NOTICES Big Horn County, WY; Bighorn Basin Resource Area, Environmental statements; availability, etc.: dinosaur tracks; needs and issues, 13069 Marine Corps Base, Quantico, VA; solid waste landfill, Public land orders: construction and operation, 13039 Oregon, 13069–13070 Inventions, Government-owned; availability for licensing, Recreation management restrictions, etc.: 13039 Indian Kitchen archaeological site, AZ; discharge of Patent licenses; non-exclusive, exclusive, or partially firearms, overnight camping, vehicular use exclusive: prohibited, 13070 Zesto Therm, Inc., 13039 Withdrawal and reservation of lands: Idaho, 13070–13071 Nuclear Regulatory Commission RULES National Aeronautics and Space Administration Freedom of Information Act; implementation Correction, 12988 RULES NOTICES Acquisition regulations: Committees; establishment, renewal, termination, etc.: Performance-based contracting and other miscellaneous Atomic Safety and Licensing Board, 13077 revisions, 12997–12998 Environmental statements; availability, etc.: Cooperative agreements with commercial firms; grant and Idaho National Engineering and Environmental cooperative agreement handbook; miscellaneous Laboratory, ID; construction and operation of revisions, 12992–12994 independent spent fuel storage installation, 13077– 13078 National Credit Union Administration IES Utilities, Inc. et al., 13078–13079 NOTICES Virginia Electric & Power Co., 13079–13080 Meetings; Sunshine Act, 13074 Meetings: Reactor Safeguards Advisory Committee, 13080–13081 National Institutes of Health Meetings; Sunshine Act, 13081 NOTICES Applications, hearings, determinations, etc.: Grants and cooperative agreements; availability, etc.: Nebraska Public Power District, 13074–13076 Occupational safety and health— Schott Glass Technologies, Inc., 13076–13077 National Occupational Research Agenda; FY 1998 funding availability, 13051–13057 Occupational Safety and Health Administration Vaccine for moraxella catarrhalis medicated otitis media, NOTICES 13057–13058 Agency information collection activities: Inventions, Government-owned; availability for licensing, Proposed collection; comment request, 13073–13074 13058–13059 Meetings: Patent and Trademark Office National Center for Research Resources, 13059–13060 NOTICES National Institute of Allergy and Infectious Diseases, Meetings: 13060 Database protection and access conference, 13035–13036 National Institute of Diabetes and Digestive Kidney Diseases, 13060–13061 Presidential Documents National Institute of Mental Health, 13060 ADMINISTRATIVE ORDERS National Institute on Aging, 13060 Vietnam; prisoners of war and missing in action, National Institute on Alcohol Abuse and Alcoholism, cooperation in accounting (Presidential Determination 13060 No. 98-16 of March 4, 1998), 13109–13110 Scientific Review Center special emphasis panel, 13061 Public Health Service National Oceanic and Atmospheric Administration See Centers for Disease Control and Prevention RULES See Food and Drug Administration Fishery conservation and management: See Health Resources and Services Administration Alaska; fisheries of Exclusive Economic Zone— See National Institutes of Health Bering Sea and Aleutian Islands groundfish and Gulf of Alaska groundfish, 13009–13012 Reclamation Bureau International fisheries regulations: NOTICES Pacific halibut fisheries; catch sharing plans, 13000– Meetings: 13009 Glen Canyon Technical Work Group, 13071 VI Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Contents

Research and Special Programs Administration Treasury Department RULES See Customs Service Drug and alcohol testing: See Internal Revenue Service Substance abuse; professional face-to-face evaluation for NOTICES drug use, 12998–13000 Meetings: U.S. Community Adjustment and Investment Program Securities and Exchange Commission Advisory Committee, 13097 NOTICES Agency information collection activities: United States Information Agency Submission for OMB review; comment request, 13081 NOTICES Self-regulatory organizations; proposed rule changes: Hannover Expo 2000; private sector support for U.S. Options Clearing Corp., 13082 Pavilion, 13103–13104 Philadelphia Stock Exchange, Inc., 13082–13090

State Department Separate Parts in This Issue PROPOSED RULES Visas; nonimmigrant documentation: Part II New applications from aliens whose prior applications The President, 13109–13110 were refused; nonacceptance-for-six-months policy, 13026–13027

Textile Agreements Implementation Committee Reader Aids See Committee for the Implementation of Textile Additional information, including a list of telephone Agreements numbers, finding aids, reminders, and a list of Public Laws appears in the Reader Aids section at the end of this issue. Transportation Department See Coast Guard See Federal Aviation Administration Public Laws Electronic Notification Service (PENS) See Federal Highway Administration Free electronic mail notification of newly enacted Public See Research and Special Programs Administration Laws is now available. To subscribe, send E-mail to NOTICES [email protected] with the text message: subscribe Agency information collection activities: PUBLAWS-L (your name). The text of laws is not available Submission for OMB review; comment request, 13090– through this service. PENS cannot respond to specific 13092 inquiries sent to this address. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Presidential Determinations: No. 98±16 of March 4, 1998 ...... 13109 7 CFR 999...... 12977 8 CFR 103...... 12979 204...... 12979 208...... 12979 209...... 12979 244...... 12979 245...... 12979 264...... 12979 299...... 12979 316...... 12979 332...... 12979 335...... 12979 10 CFR 9...... 12988 14 CFR 71 (5 documents) ...... 12988, 12989, 12991, 12992 1274...... 12992 Proposed Rules: 39...... 13013 71 (2 documents) ...... 13015, 13016 16 CFR Proposed Rules: Ch. II ...... 13017 1700...... 13019 17 CFR Proposed Rules: 1...... 13025 19 CFR 101...... 12994 142...... 12995 191...... 13105 Proposed Rules: 101...... 13025 122...... 13025 21 CFR 1220...... 12996 22 CFR Proposed Rules: 41...... 13026 24 CFR 1000...... 13105 1005...... 13105 47 CFR Proposed Rules: 73...... 13027 48 CFR 1806...... 12997 1807...... 12997 1816...... 12997 1819...... 12997 1837...... 12997 49 CFR 199...... 12998 50 CFR 300...... 13000 679...... 13009 Proposed Rules: 648...... 13028 12977

Rules and Regulations Federal Register Vol. 63, No. 51

Tuesday, March 17, 1998

This section of the FEDERAL REGISTER Administration Branch, Fruit and produced farmers stock, shelled and contains regulatory documents having general Vegetable Programs, AMS, USDA, room cleaned-inshell peanuts presented for applicability and legal effect, most of which 2525–S, P.O. Box 96456, Washington, importation into the United States. The are keyed to and codified in the Code of DC 20090–6456; telephone (202) 720– quality requirements are the same as Federal Regulations, which is published under 2491, Fax: (202) 720–5698. those specified in § 998.100 Incoming 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: This rule quality regulation and § 998.200 The Code of Federal Regulations is sold by amends the peanut import regulation Outgoing quality regulation of the the Superintendent of Documents. Prices of published in the June 19, 1996, issue of Agreement. new books are listed in the first FEDERAL the Federal Register (61 FR 31306, 7 The import regulation was finalized REGISTER issue of each week. CFR Part 999.600), which regulates the June 19, 1996 (61 FR 31306). At that quality of imported peanuts. An time, three duty-free peanut quotas for amendment to the regulation was issued 1996 had been filled and no peanuts DEPARTMENT OF AGRICULTURE December 31, 1996 (62 FR 1249, January were entered under duty for the remainder of 1996. Therefore, the Agricultural Marketing Service 9, 1997). The import regulation is effective under subparagraph (f)(2) of peanut import regulation had its first 7 CFR Part 999 section 108B of the Agricultural Act of practical application with the opening 1949 (7 U.S.C. 1445c–3), as amended of the Mexican peanut quota on January [Docket No. FV97±999±1 FIR] November 28, 1990, and August 10, 1, 1997. Under the safeguard procedures, Specialty Crops; Import Regulations; 1993, and section 155 of the Federal importers are required to report to AMS Extension of Reporting Period for Agriculture Improvement and Reform disposition of all imported peanuts. Peanuts Imported Under 1997 Import Act of 1996 (7 U.S.C.7271). Those Paragraph (f)(3) of the regulations sets a Quotas statutes provide that the Secretary of Agriculture (Secretary) shall require that 23-day period for filing certificates of AGENCY: Agricultural Marketing Service, all peanuts in the domestic and export inspection and aflatoxin testing. Sixty USDA. markets fully comply with all quality day extensions are possible, but requests ACTION: Final rule. standards under Marketing Agreement for these must be filed within the 23-day No. 146 (7 CFR Part 998) (Agreement), reporting period. The reporting period SUMMARY: The Department of issued pursuant to the Agricultural and procedures for extension were Agriculture (Department) is adopting, as Marketing Agreement Act of 1937, as established with the expectation that a final rule, without change, the amended (7 U.S.C. 601–674). three duty-free quotas would fill provisions of an interim final rule This rule has been determined not gradually during the quota year. which removed the 23-day reporting significant for purposes of Executive However, this did not occur. The requirement and established a new date Order 12866 and, therefore, has not Mexican quota of 8.1 million pounds for importers to report disposition of been reviewed by the Office of closed approximately 4 weeks after the peanuts imported under 1997 peanut Management and Budget. January 1, 1997 opening. The Argentine import quotas. This rule also finalizes This rule has been reviewed under quota of 73.5 million pounds and the the establishment of a 120-day reporting Executive Order 12988, Civil Justice ‘‘other country’’ quota of 13.3 million period for any peanuts imported in Reform. Under the regulations, pounds filled immediately at 12:00 excess of the 1997 import quotas. The disposition of imported peanuts must be noon on opening day, April 1, 1997. 23-day report period established in the reported to AMS within an established Importers’ applications to enter peanuts import regulation is impractical given time period. This rule changes that time under the Argentine and ‘‘other the volume of peanuts imported under period and is intended to apply to country’’ quotas greatly exceeded the January 1 and April 1 peanut import Mexican peanuts imported from January quota volumes for these countries. After quotas. These changes are for the 1997 1, 1997, to December 31, 1997, and to pro-rata distribution of those quotas peanut quota periods only. This rule is Argentine and ‘‘other country’’ peanuts (based on the total peanut volume in deemed necessary by the Agricultural imported from April 1, 1997, to March each importer’s entry applications), the Marketing Service (AMS) to provide 31, 1998. This rule will not preempt any Customs Service set April 15 as the peanut importers with sufficient time to State or local laws, regulations, or entry date for approximately 86.8 meet the quality and reporting policies, unless they present an million pounds of peanuts under the requirements of the peanut import irreconcilable conflict with this rule. two quotas. regulation. There are no administrative procedures Because of the large volume of EFFECTIVE DATE: April 16, 1998. which must be exhausted prior to any peanuts simultaneously released on FOR FURTHER INFORMATION CONTACT: Tom judicial challenge to the provisions of April 15, 1997, importers have been Tichenor, Senior Marketing Specialist, this rule. unable to meet the 23-day reporting Marketing Order Administration This rule amends, for the 1997 peanut deadline for many of their imported Branch, Fruit and Vegetable Programs, quota year, a provision in § 999.600 of lots. Obstacles to expedient certification AMS, USDA, P.O. Box 96456, room the regulations governing imported of such large volumes of imported 2525–S, Washington, DC 20090–6456; peanuts (7 CFR part 999—Specialty peanuts included: (1) Logistics of tel: (202) 720–6862; fax (202) 720–5698. Crops; Import Regulations). Section moving containers out of some Small business may request information 999.600 establishes minimum quality, congested port areas and into storage; on compliance with this regulation by identification, certification, and (2) arranging for sampling and contacting Jay Guerber, Marketing Order safeguard requirements for foreign inspection, and receiving certifications; 12978 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations and (3) arranging for and transporting S.W. Room 2525-S, Washington, D.C. within a very short time period. The failing lots to facilities for 20250, ‘‘Attention: Report of Imported rule also will benefit small importers reconditioning and recertification. Peanuts.’’ who do not have peanut handling Therefore, this rule finalizes Pursuant to requirements set forth in resources and must contract with establishment of the new reporting date the Regulatory Flexibility Act (RFA), the remillers and blanchers to recondition of November 1, 1997, for reporting Agricultural Marketing Service (AMS) failing peanut lots. Records indicate that disposition of all peanuts entered under has considered the economic impact of some importers, including small the 1997 import quotas. It also provides this action on small entities. importers, are outside the domestic for an extension of the reporting period Accordingly, AMS has prepared this peanut production area, and must beyond November 1. Requests for final regulatory flexibility analysis transport failing lots long distances for extensions must be made in writing and relevant to this rulemaking. reconditioning. include the Customs Service entry The purpose of the RFA is to fit Alternative reporting time periods number, container and lot information regulatory actions to the scale of were considered by AMS. For the for the unreported peanut lot(s), and the business subject to such actions in order purposes of clarity, AMS believes that a reason for delay in meeting the that small businesses will not be unduly single date, applicable to all 1997 November 1 reporting date. AMS will or disproportionately burdened. AMS entries under the quota is less confusing evaluate each request on a case-by-case records for 1997 show that than 60 or 90 days from the release date basis. approximately ten importers of peanuts of a peanut lot by the Customs Service. Peanuts may continue to be imported were large handlers of domestically Sixty days are considered too short, as into the United States after the import grown peanuts and six were importers some peanut lots entered on April 15 quotas are closed (with payment of tariff of general food commodities, some of are being inspected for the first time charges). Therefore, this rule also whom may be small entities. Small more than two months later. Also, provides that disposition of any peanuts agricultural service firms, which necessary reconditioning efforts, with imported after the 1997 import quotas include importers, have been defined by appropriate sampling and re-inspections close must be reported within 120 days the Small Business Administration (13 after each attempt may take longer than after the peanuts are entered by the CFR 121.601) as those whose annual 60 days. Extensions may be requested Customs Service. receipts are less than $5 million. for individual lots not certified by the As a compliance measure, paragraph Although small business entities may be end of their applicable reporting period. (f)(4) provided that the Secretary would engaged in the importation of peanuts, AMS is not aware of any peanuts ask the Customs Service to demand the majority of the importers are large imported after the 1997 quotas were redelivery of peanut lots not reported as business entities. filled. However, any such imports meeting the requirements of the import This rule extends for the 1997 quota would have been handled in a more regulation. Because this rule extends the periods only the time period for routine manner and normal pace than reporting period beyond the Customs importers to meet import requirements when the great volumes were released Service 30-day redelivery demand for each lot of imported peanuts and file simultaneously on quota opening days. period, the first three sentences in reports on the disposition of those Thus, the 120-day requirement for any paragraph (f)(4) are not applicable for peanuts. The reporting requirements are peanuts imported after the quotas are peanuts entered under the three 1997 an integral part of the safeguard filled is deemed reasonable by AMS. import quotas. Those sentences are procedures specified in the import For these reasons, AMS has therefore removed in this rulemaking. regulation, which is required by statute. determined that this action will be The remainder of paragraph (4) The requirements are applied uniformly beneficial to all importers, both large regarding failure to comply with the to small as well as large importers. and small. import regulation and falsification of The previous reporting time period In accordance with the Paperwork reports is retained. was 23 days. The new reporting time Reduction Act of 1980 (44 U.S.C. These changes do not affect the period ended on November 1, 1997. Chapter 35) as amended in 1995, the stamp-and-fax procedure established in This change represents an increase, information collection requirement paragraph (f)(1) of the safeguard depending on date of entry of a peanut contained in this rule was approved by provisions. That procedure ensures lot, of up to 280 days for Mexican the Office of Management and Budget notification of the Federal or Federal- peanut imports (entered on January 1) (OMB) on September 3, 1996, and State Inspection Service of applications and 175 days for Argentine and ‘‘other assigned OMB number 0581–0176. This to import peanuts. This rule also does country’’ peanuts (all of which were rule does not establish new reporting or not change the safeguard requirement entered on April 15). The rule also recordkeeping requirements. The that all imported lots must be reported. extends the reporting period for all current annual reporting burden for Pursuant to paragraph (f)(1), all other peanut entries during the 1997 importers is estimated at 12 hours. imported peanuts must be reported to quota year from 23 days to 120 days. Those affected by this rule have already AMS—including those peanut lots that The additional time to meet reported entries and requested meet import requirements. Paragraph requirements enabled importers to more extensions of deadlines for reporting (f)(2) provides that the quality and efficiently manage movement and peanuts entered under the 1997 import aflatoxin certifications and other disposition of their imported peanuts. quotas. Further, because no additional documentation must be sent by regular It is not possible to estimate cost 1997 peanut imports are expected, there mail to: Marketing Order savings that might result from any should be no need to file additional Administration Branch, F&V, AMS, increased efficiency of operations reports other than the final report of all USDA, P.O. Box 96456, Room 2525-S, because of this action. Extension entries, which is included in the Washington, D.C. 20090–6456, requests, when properly requested, approved 12 hour reporting burden. ‘‘Attention: Report of Imported already have been granted by AMS. The Paragraph (f)(3) of the rule is revised Peanuts.’’ Overnight or express mail rule will benefit importers of large for the 1997 import periods only. All reports may be sent to Marketing Order quantities of peanuts by relieving the certificates and other documents Administration Branch, F&V, AMS, time pressure to have multiple lots reporting the disposition of passing, as USDA , 14th and Independence Avenue, certified, and many lots reconditioned, well as failing and reconditioned, Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 12979 peanut lots must be reported to AMS by Based on the comments received, no (Service) regulations relating to November 1, 1997. This reporting date changes will be made to the interim fingerprinting applicants and petitioners applies to only AMS’ peanut import final rule as published. for benefits under the Immigration and regulation and does not supersede other The action is a relaxation of the Nationality Act (Act). This rule reporting dates for those peanuts that reporting time period which benefits implements certain provisions of the may be established by the Customs peanut importers who are experiencing Department of Justice Appropriations Service or other agencies. For peanuts difficulty meeting the established Act, 1988, which prohibit the Service imported after the quotas are filled, this reporting time period requirements. from accepting fingerprint cards (Form rule extends the reporting period from After consideration of all relevant FD–258) for the purpose of conducting 23 to 120 days, thus, reducing or material presented, including the criminal background checks on eliminating the burden of requesting an necessity by AMS to provide peanut applicants and petitioners for extension of the reporting period. importers sufficient time to meet the immigration benefits prepared by any quality and reporting requirements of An interim final rule concerning this individual or entity other than the the peanut import regulation, it is found action was issued by the Department on Service, a registered State or local law that finalizing the interim final rule, September 19, 1997, and published in enforcement agency, a United States without change, as published in the the Federal Register on September 25, consular office at a United States Federal Register (62 FR 50241, embassy or consulate, or a United States 1997. Copies were mailed by AMS to all September 25, 1997) will tend to military installation abroad. The rule known peanut importers, exporters, effectuate the declared policy of the Act. also announces the termination of the customs brokers and appropriate Designated Fingerprinting Services embassies. That rule provided for a 30- List of Subjects in 7 CFR Part 999 (DFS) certification program. In addition, day comment period which ended Dates, Food grades and standards, this rule establishes a $25 service fee for October 27, 1997. Three comments were Hazelnuts, Imports, Nuts, Peanuts, fingerprinting by the Service, and received. Prunes, Raisins, Reporting and requires Service receipt of a definitive One comment was received from the recordkeeping requirements, Walnuts. response from the Federal Bureau of executive director of the Peanut Shellers For the reasons set forth in the Investigation (FBI) before final Association of America, which stated preamble, 7 CFR Part 999 is amended as adjudication of a naturalization that its members handle approximately follows: application. 65 percent of the peanuts used in the DATES: United States. The Association supports PART 999ÐSPECIALTY CROPS; Effective date: This interim rule is the interim final rule extending the IMPORT REGULATIONS effective March 29, 1998. deadline for importers to report Accordingly, the interim final rule Comment date: Written comments compliance with the peanut import amending 7 CFR Part 999.600 which must be submitted on or before May 18, regulation. The commenter also stated was published at 62 FR 50241 on 1998. that some of the Association members September 25, 1997, is adopted as a ADDRESSES: Please submit written request that AMS collect needed final rule without change. comments, in triplicate, to the Director, information from its inspection service Policy Directives and Instructions Dated: March 9, 1998. and chemical laboratories. This request Branch, Immigration and Naturalization will be reviewed and considered for Robert C. Keeney, Service, 425 I Street, NW., Room 5307, futher rulemaking, if appropriate. It will Deputy Administrator, Fruit and Vegetable Washington, DC 20536. To ensure be addressed in a subsequent proposed Programs. proper handling, please refer to INS No. rulemaking for 1998 peanut imports. [FR Doc. 98–6772 Filed 3–16–98; 8:45 am] 1891–97 on your correspondence. A second comment was received from BILLING CODE 3410±02±P Comments are available for public a major peanut importing company, inspection at the above address by which also is a handler of domestically calling (202) 514–3048 to arrange for an produced peanuts. The commenter DEPARTMENT OF JUSTICE appointment. supports extension of the reporting FOR FURTHER INFORMATION CONTACT: Immigration and Naturalization Service period. Ann Palmer or Thomas E. Cook, Office The final comment was received from 8 CFR Parts 103, 204, 208, 209, 244, of Naturalization Operations, a regional peanut growers cooperative. 245, 264, 299, 316, 332, and 335 Immigration and Naturalization Service, 801 I Street, NW., Room 935, The commenter agreed that the single [INS No. 1891±97] reporting date of November 1 is better Washington, DC 20536, telephone (202) than the original regulation’s date of 30 RIN 1115±AF03 305–0539. days after entry of a peanut shipment. SUPPLEMENTARY INFORMATION: Fingerprinting Applicants and The comment, however, disagreed that Background extensions should be granted to those Petitioners for Immigration Benefits; importers who were unable to meet the Establishing a Fee for Fingerprinting 1. What is the Designated Fingerprinting November 1 deadline. It was necessary by the Service; Requiring Completion Services (DFS) Program? to provide for such extensions in order of Criminal Background Checks Before The Designated Fingerprinting to allow peanut importers sufficient Final Adjudication of Naturalization Services (DFS) program allowed time to meet the quality and reporting Applications qualified individuals, businesses, and requirements for 1997 peanut imports. AGENCY: Immigration and Naturalization law enforcement agencies to apply to Also, because of the volume of Service, Justice. the Service for certification as a DFS certifications being filed simultaneously ACTION: Interim rule with request for entity to provide fingerprinting services by approximately 30 importers, AMS comments. to applicants and petitioners for needs time to review filed documents immigration benefits. The primary and complete reviews of each importers SUMMARY: This rule amends the purposes of the program were to peanut entries. Immigration and Naturalization Service facilitate the processing of applications 12980 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations and petitions for benefits and protect conducting criminal background checks fingerprint cards prepared by the the integrity of the fingerprinting on applications and petitions for Service, a United States consular office process. The Service developed the DFS immigration benefits only if prepared by or a United States military installation program as a result of reports from the a Service office, a registered State or abroad with applications and petitions United States Department of Justice, local law enforcement agency, a United for immigration benefits. Inspector General, and United States States consular office at a United States General Accounting Office which found embassy or consulate, or a United States a. How Has the Fingerprinting Process that the Service’s unregulated military installation abroad. for Naturalization Been Changed? Accordingly, the Service is removing fingerprinting policy, in effect since Effective December 3, 1997, the DFS certification process from its 1982, did not provide sufficient security naturalization applications from regulations. controls. Under the DFS program, the individuals residing in the United States Service accepted fingerprint cards 2. How Will the Service Implement the (as defined in section 101(a)(38) of the (Form FD–258) filed with applications New Fingerprint Requirements? Act) have been filed without completed and petitions for immigration benefits fingerprint cards. After filing the Form only if they were prepared by a To comply with Public Law 105–119, N–400, these naturalization applicants designated Service employee, an 111 Stat. 2440, the Service is have been notified to appear at an ASC approved DFS entity, an intending DFS establishing a new program to entity that had submitted an application fingerprint applicants and petitioners or other Service-designated location to for certification prior to March 1, 1997, for immigration benefits. The Service is be fingerprinted. Naturalization or a law enforcement agency registered opening new offices, known as applications from individuals residing as a DFS entity. Application Support Centers (ASCs), outside of the United States have been and establishing mobile fingerprinting filed with completed fingerprint cards 2. How Did the Service Implement the centers nationwide to fingerprint prepared by a United States consular DFS Certification Program? applicants and petitioners for office at a United States embassy or On May 15, 1995, the Service immigration benefits. The Service will consulate or a United States military published a notice of proposed also fingerprint applicants and installation aboard. petitioners for immigration benefits in rulemaking in the Federal Register at 60 b. How Has the Fingerprinting Process FR 25856 proposing to implement the certain Service field offices and, in less for Immigration Benefits Other Than DFS certification program, which set populated areas, is entering into co- Naturalization Been Changed? forth the certification requirements and operative agreements with designated State or local law enforcement agencies application procedures for individuals Effective on December 3, 1997, and entities interested in providing (DLEA) which have registered with the Service to provide fingerprinting applicants and petitioners for fingerprinting services to applicants and immigration benefits other than petitioners for immigration benefits. The services to applicants and petitioners for immigration benefits. This new naturalization have filed applications Service also specified a date by which and petitions with completed it would no longer accept fingerprint fingerprinting program applies only to acceptance of Form FD–258, Applicant fingerprint cards prepared by State or cards prepared by unauthorized entities. local law enforcement agencies On June 4, 1996, after a 60-day public Card, submitted to the Service in connection with applications and registered with the Service to provide comment period, the Service published fingerprinting services. a final rule in the Federal Register at 61 petitions for immigration benefits. FR 28003, formally implementing the 3. How Does the New Legislation Affect Effective on March 29, 1998, DFS certification program. The final Filing of Applications and Petitions for applications and petitions for all rule became effective July 5, 1996. Immigration Benefits? immigration benefits other than naturalization, including asylum However, due to the insufficient number Under the Service’s new of certification applications received by applications, from individuals residing fingerprinting program, effective on in the United States, will be filed the Service, and to ensure that adequate December 3, 1997, the Service began fingerprinting services were available to without completed fingerprint cards. accepting fingerprinting cards with After filing, these individuals, who all applicants and petitioners for applications and petitions for immigration benefits, the Service require fingerprinting in connection immigration benefits only if prepared by with applications and petitions, will be published a final rule in the Federal the Service, registered State or local law Register on November 7, 1996, at 61 FR notified to appear at an ASC or other enforcement agencies, a United States Service-designated location to be 57583, extending the effective date of consular office at a United States fingerprinted. Under this new process, the DFS certification program to March embassy or consulate, or a United States the Service will continue to give special 1, 1997. military installation abroad. consideration to processing of Legislative Authority Effective March 29, 1998, applicants and petitioners for immigration benefits fingerprint cards associated with orphan 1. Why is the Service Terminating the residing in the United States will be petitions to ensure timely and flexible Designated Fingerprinting Services required to file applications and adjudication of these cases. Certification Process? petitions without completed fingerprint Effective December 3, 1997, On November 26, 1997, the cards. After filing, the Service will applications and petitions for Department of Justice Appropriations notify applicants and petitioners to immigration benefits other than Act, 1998 (Pub. L. 105–119, 111 Stat. appear at an ASC or other Service- naturalization from individuals residing 2440) was enacted. This legislative designated location, including outside of the United States have been change necessitates elimination of the designated State or local law filed with completed fingerprint cards DFS program. Pursuant to this enforcement agencies, to be prepared by the Service, a United States legislation, effective December 3, 1997, fingerprinted. Applicants and consular office at a United States the Service can accept fingerprint cards petitioners residing outside of the embassy or consulate, or a United States (Form FD–258) for the purpose of United States submit completed military installation aboard. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 12981

4. Will Applicants and Petitioners Who immigration benefits filed on or after Applications and petitions for Were Fingerprinted by a DFS Entity March 29, 1998. Therefore, applicants immigration benefits filed by Need to Be Re-fingerprinted? and petitioners for immigration benefits individuals residing in the United States Fingerprint cards submitted with who file before March 29, 1998, but who submitted without the $25 service fee properly filed applications and petitions are scheduled to be fingerprinted by the for fingerprinting by the Service or with for any immigration benefit which were Service on or after March 29, 1998, will the incorrect service fee for accepted by the Service before be fingerprinted by the Service without fingerprinting, will not be rejected as December 3, 1997, will be processed in charge. This delay in collecting the fee improperly filed. The Service will notify accordance with the regulations in effect for fingerprinting services will allow the applicants or petitioners to submit the at the time of acceptance. For purposes Service to ensure that the new ASCs and correct fee for fingerprinting, and will mobile fingerprinting centers are withhold processing of the application of implementing this rule, fingerprint operating efficiently. or petition, including scheduling for cards are deemed accepted by the fingerprinting, until the correct Service before December 3, 1997, if: (1) 6. What Fee is Being Established for fingerprinting fee is received. Failure by The application or petition was hand Fingerprinting by the Service? an applicant or petitioner to submit the delivered to a Service office before In the interest of fairness and based correct fee for fingerprinting by the December 3, 1997; or (2) the application on a Service-determined cost estimate, Service within the time allotted in a or petition was postmarked before during the early stages of the new notice to the applicant or petitioner will December 3, 1997, and was received in fingerprinting program, the service fee result in denial of the application or a Service office before December 6, for fingerprinting by the Service is petition due to abandonment. 1997. Applicants and petitioners whose established at $25 per applicant, properly completed fingerprint cards petitioner, beneficiary, sponsor, or other 8. How Does Public Law 105–119 Affect were accepted before December 3, 1997, individual required by Service Adjudication of Naturalization will not ordinarily be required to be re- regulations or form instructions to be Applications? fingerprinted in accordance with these fingerprinted in connection with an The new legislation codifies current new fingerprinting procedures, unless application or petition for immigration Service policy that the Service must the Attorney General determines that it benefits. The Service anticipates that receive confirmation from the Federal is necessary to re-fingerprint an this $25 fee will not recover all Service Bureau of Investigation (FBI) that a full applicant or petitioner. For example, the costs for fingerprinting individuals for criminal background check has been Attorney General may decide to take an immigration benefits at present. completed on applicants for additional set of fingerprints for an However, the Service plans to conduct naturalization before final adjudication asylum applicant in order to comply a fee analysis under provisions of Office of the application. This interim rule with the identity provisions of section of Management and Budget Circular A– requires the Service to receive a 208(d)(5)(A)(i) of the Act or in cases in 25 in the near future to determine the definitive response from the FBI that a which the Federal Bureau of full cost to the Service of fingerprinting criminal background check has been Investigation rejects a fingerprint card. individuals for immigration benefits. completed before notifying applicants However, beginning on December 3, Congress has also authorized for naturalization to appear before a 1997, for naturalization applicants and registered State and local law Service officer for the mandatory on March 29, 1998, for applicants and enforcement agencies and United States examination on the Form N–400, petitioners for other benefits, the consular offices at United States Application for Naturalization. Service will notify applicants and embassies or consulates, or United petitioners who file a completed States military installations abroad to Explanation of Changes fingerprint card prepared by a DFS charge a fee for fingerprinting applicants What Changes is the Service Making to entity to be re-fingerprinted at an ASC and petitioners for immigration benefits. its Regulations? or other Service-designated location. 7. How Will Applicants and Petitioners 1. Changes in § 103.1 5. Why is the Service Charging a Fee for Submit the Fee for Fingerprinting by the In § 103.1, paragraph (f)(3)(iii)(NN) is Fingerprinting Services? Service? amended to remove the Form I–850, In Pub. L. 105–119, 111 Stat. 2440, The one-time $25 fee for Application for Certification for Congress authorized the Service to fingerprinting by the Service must be Designated Fingerprinting Services, charge a fee for fingerprinting in submitted at the time of filing the from the list of decisions of which the connection with the new fingerprinting application or petition, in addition to Associate Commissioner for program. Accordingly, the Service will the filing fee for the application or Examinations exercises jurisdiction. charge the fee necessary to recover the petition. However, applicants and This change is necessary because the administrative and support costs of the petitioners residing abroad who are Service is eliminating the DFS new fingerprinting program, and for the fingerprinted at United States consular certification program. collection, safeguarding, and accounting offices or military installations abroad of the fees. All fingerprinting fees do not need to be fingerprinted by the 2. Changes in § 103.2 initially collected from applicants and Service. Therefore, these applicants and In § 103.2, paragraphs (a)(1) and petitioners for immigration benefits will petitioners will submit the completed (a)(7)(i) are revised to allow the Service be deposited into the Immigration fingerprint cards at the time of filing the to treat as properly filed applications Examinations Fee Account established application or petition for immigration and petitions which require completion by 8 U.S.C. 1356(m)–(p). However, the benefits, and do not need to submit the of fingerprint cards but which are Service will not begin charging the fee $25 fee for fingerprinting by the Service. submitted without the $25 fee for for fingerprinting applicants and In addition, asylum applicants are fingerprinting by the Service. Paragraph petitioners for immigration benefits exempt from submitting the fee for (a)(7)(ii) is revised to allow the Service until March 29, 1998. This service fee fingerprinting by the Service in to reject applications or petitions as for fingerprinting will apply only to connection with filing an application for improperly filed if the check or other applications and petitions for asylum and withholding of removal. financial instrument used to pay the 12982 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations fingerprinting fee is returned to the fingerprint processing as a ground for 10. Changes in § 299.1 and § 299.5 Service as not payable. Paragraphs dismissal of a case or waiver of an In §§ 299.1 and 299.5, the Service is (b)(9), (b)(10)(i), (b)(13), and (b)(14) are adjudication by an asylum officer. In amending the regulations to remove the revised to include requests that § 208.14, the Service is amending the Form I–850, Application for applicants and petitioners for regulations to permit referral of an Certification for Designated immigration benefits appear for asylum application when the applicant Fingerprinting Services, and the Form I– fingerprinting at a Service office or other is deemed to have waived adjudication 850A, Attestation by Designated location designated by the Service, and by an asylum officer. Fingerprinting Service Certified to Take to allow the Service to deny the Fingerprints, from the listing of forms. 6. Changes in § 209.1 and § 209.2 applications and petitions of These changes are necessary because the individuals who fail to appear for In §§ 209.1 and 209.2, the Service is forms relate to the DFS program and, by fingerprinting. Paragraph (e) is revised amending the regulations to require publication of this interim rule, the to eliminate the DFS program and Service is terminating the DFS program establish new fingerprinting procedures refugee entrants and aliens granted asylum to appear at a Service office, or in order to comply with the new for applicants and petitioners for legislation relating to fingerprinting immigration benefits. other location designated by the Service, for fingerprinting in accordance with applicants and petitioners for 3. Changes in § 103.7 the new fingerprinting procedures being immigration benefits. In § 103.7, paragraph (b)(1) is established in § 103.2(e) after filing the 11. Changes in § 316.4 amended to add the fee for application, rather than submitting the In § 316.4, the Service is amending fingerprinting by the Service, and to fingerprints on a completed fingerprint the regulations to require applicants for remove the fee for the Form I–850, card with the application. naturalization to file a complete Application for Certification for 7. Changes in § 244.6 application without a fingerprint card, Designated Fingerprinting Services. and to appear at a Service office, or Charging a fee for fingerprinting is In § 244.6, the Service is amending other location designated by the Service, necessary to fund the Service’s new the regulations to require applicants for for fingerprinting in accordance with fingerprinting program, and the fee is temporary protected status to appear at the new fingerprinting procedures being established at $25 per individual who a Service office, or other location established in § 103.2(e) after filing the requires fingerprinting. The fee for the designated by the Service, for Form N–400, Application for Form I–850, Application for fingerprinting in accordance with the Naturalization. Certification for Designated new fingerprinting procedures being Fingerprinting Services, is being 12. Changes in § 332.2 established in § 103.2(e) after filing the removed because the form relates to the Form I–821, Application for Temporary In § 332.2, the Service is amending DFS program and the Service is the regulations to remove references to Protected Status, rather than submitting canceling the DFS program by fingerprinting services being provided the fingerprints on a completed publication of this interim rule. by non-profit organizations. The change fingerprint card with the application. is necessary because the new legislation 4. Changes in § 204.3 and § 204.4 8. Changes in § 245.7 relating to fingerprinting applicants and In §§ 204.3 and 204.4, the Service is petitioners for immigration benefits amending the regulations to require the In § 245.7, the Service is amending prohibits the Service from accepting Form I–600A, Application for Advanced the regulations to require applicants for fingerprint cards prepared by any Processing of Orphan Petition, the Form benefits under section 599E of Public organization other than the Service, I–600, Petition to Classify Orphan as an Law 101–167 to appear at a Service registered State or local law Immediate Relative, and the Form I– office, or other location designated by enforcement agencies, United States 360, Petition for Amerasian, Widow or the Service, for fingerprinting in consular offices, or United States Special Immigrant, filed on behalf of an accordance with the new fingerprinting military installations abroad. Amerasian child of a United States procedures being established in 13. Changes in § 335.2 citizen to be filed without completed § 103.2(e) after filing the Form I–485, fingerprint cards, and to require the Application to Register Permanent The FBI currently performs criminal prospective adoptive parents, other Residence or Adjust Status, rather than background checks on applicants for adult members of the prospective submitting the fingerprints on a naturalization and notifies the Service adoptive parents’ household, and completed fingerprint card with the of the results of these checks. It has been sponsors of Amerasian children to application. Service policy to request applicants for appear at a Service office, or other naturalization to appear for examination location designated by the Service, for 9. Changes in § 264.2 and § 264.5 on the application only after receiving fingerprinting in accordance with the such a notice from the FBI. In § 335.2, new fingerprinting procedures being In §§ 264.2 and 264.5, the Service is the Service is amending the regulations established in § 103.2(e). amending the regulations to require to require a definitive response from the applicants for creation of a record of FBI on the criminal background check 5. Changes in § 208.7, § 208.10, and permanent residence and for a on an applicant for naturalization. A § 208.14 replacement alien registration card to definitive response is defined as a In § 208.7, the Service is amending appear at a Service office, or other response from the FBI that: (1) An the regulations to clarify that failure to location designated by the Service, for applicant does not have an follow requirements for fingerprint fingerprinting in accordance with the administrative or criminal record; (2) an processing may affect an asylum new fingerprinting procedures being applicant does not have an applicant’s eligibility for employment established in § 103.2(e) after filing the administrative or criminal record; or (3) authorization. In § 208.10, the Service is application, rather than submitting the an applicant’s fingerprints cannot be amending the regulations to include fingerprints on a completed fingerprint classified for purposes of conducting a failure to follow the requirements for card with the application. criminal background check, despite the Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 12983

FBI’s receipt of two properly prepared not have a significant economic impact accordance with Executive Order 12612, fingerprint cards. In the case of an on a substantial number of small it is determined that this rule does not applicant whose fingerprints cannot be entities. This rule, which provides have sufficient federalism implications classified, Service quality assurance procedures for the taking and to warrant the preparation of a procedures require the applicant to submission of fingerprints under the Federalism Assessment. submit police clearances to the Service standards of the new legislation, relates Executive Order 12988 Civil Justice before final adjudication of the to applicants and petitioners for Reform naturalization application. immigration benefits and does not have This interim rule meets the applicable Good Cause Exception a significant adverse effect on small businesses. Any adverse economic standards set forth in sections 3(a) and The Service’s implementation of this impact on DFS entities is necessitated 3(b)(2) of Executive Order 12988. rule as an interim rule, with provision by the new legislation which, as of List of Subjects for post-promulgation public comments, December 3, 1997, prohibits the Service is based on the ‘‘good cause’’ exceptions from accepting fingerprint cards unless 8 CFR Part 103 found at 5 U.S.C 553(b)(B) and (d)(3). prepared by the Service, a registered The reason and necessity for immediate Administrative practice and State and local law enforcement agency, procedure, Authority delegations implementation of this interim rule a United States consular office at a without prior notice and comment is (Government agencies), Reporting and United States embassy or consulate, or recordkeeping requirements. that new legislation prohibiting the a United States military installation Service from accepting fingerprint cards abroad. 8 CFR Part 204 unless prepared by a Service office, a Administrative practice and registered State or local law Unfunded Mandates Reform Act of procedure, Aliens, Employment, enforcement agency, a United States 1995 Immigration, Petitions. consular office at a United States This rule will not result in the embassy or consulate, or a United States expenditure by State, local and tribal 8 CFR Part 208 military installation abroad, became governments, in the aggregate, or by the Administrative practice and effective December 3, 1997. private sector, of $100 million or more procedure, Aliens, Immigration, This rule is needed in order to in any one year, and it will not Reporting and recordkeeping establish the new fingerprinting process significantly or uniquely affect small requirements. for applications and petitions filed on or governments. Therefore, no actions were after December 3, 1997. Accordingly, deemed necessary under the provisions 8 CFR Part 209 any delays in the implementation of the of the Unfunded Mandates Reform Act Aliens, Immigration, Refugees. new fingerprinting process required by of 1995. this law will result in unnecessary 8 CFR Part 244 Small Business Regulatory Enforcement delays in the filing and adjudication of Administrative practice and Fairness Act of 1996 applications and petitions for procedure, Aliens. immigration benefits, without a This rule is not a major rule as corresponding public benefit. defined by section 804 of the Small 8 CFR Part 245 Furthermore, Congress addressed its Business Regulatory Enforcement Act of Aliens, Immigration, Reporting and intent to permit the Service to use 1996. This rule will not result in an recordkeeping requirements. interim regulatory authority in the early annual effect of the economy of $100 8 CFR Part 264 stages of this program. In particular, the million or more; a major increase in Congressional Record of November 13, costs or prices; or significant adverse Aliens, Registration and 1997, at page H10837 notes: effects on competition, employment, fingerprinting, Reporting and An interim regulation may be employed in investment, productivity, innovation, or recordkeeping requirements. the early stages of the program, to implement on the ability of United States-based 8 CFR Part 299 all aspects of the program, including setting companies to compete with foreign- of a fingerprint fee, while the normal studies based companies in domestic and Immigration, Reporting and to justify a fee regulation are being export markets. recordkeeping requirements. conducted. 8 CFR Part 316 For these reasons, the Commissioner Executive Order 12866 has determined that delaying the This rule is considered by the Citizenship and naturalization, implementation of this rule would be Department of Justice, Immigration and Reporting and recordkeeping unnecessary and contrary to the public Naturalization Service, to be a requirements. interest, and that there is good cause for ‘‘significant regulatory action’’ under 8 CFR Part 332 dispensing with the requirements of Executive Order 12866, section 3(f), prior notice. However, the Service Regulatory Planning and Review. Citizenship and naturalization, welcomes public comment on this Accordingly, this rule has been Education, Reporting and recordkeeping interim rule and will address those submitted to the Office of Management requirements. comments prior to the implementation and Budget for review. 8 CFR Part 335 of the final rule. Executive Order 12612 Administrative practice and Regulatory Flexibility Act The regulation adopted herein will procedure, Authority delegations The Commissioner of the Immigration not have substantial direct effects on the (Government agencies), Citizenship and and Naturalization Service, in States, on the relationship between the naturalization, Reporting and accordance with the Regulatory National Government and the States, or recordkeeping requirements. Flexibility Act (5 U.S.C. 605(b)), has on the distribution of power and Accordingly, chapter I of title 8 of the reviewed this regulation and, by responsibilities among the various Code of Federal Regulations is amended approving it, certifies that this rule will levels of government. Therefore, in as follows: 12984 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations

PART 103ÐPOWERS AND DUTIES OF granted. An application or petition properly filed petition shall not be SERVICE OFFICERS; AVAILABILITY which is not properly signed or is affected by a request for missing initial OF SERVICE RECORDS submitted with the wrong filing fee evidence or request for other evidence. shall be rejected as improperly filed. If an application or petition is missing 1. The authority citation for part 103 Rejected applications and petitions, and required initial evidence, or an continues to read as follows: ones in which the check or other applicant, petitioner, sponsor, Authority: 5 U.S.C. 552, 552a; 8 U.S.C. financial instrument used to pay the beneficiary, or other individual who 1101, 1103, 1201, 1252 note, 1252b, 1304, filing fee is subsequently returned as requires fingerprinting requests that the 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR non-payable will not retain a filing date. fingerprinting appointment or interview 14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 An application or petition taken to a be rescheduled, any time period CFR part 2. local Service office for the completion of imposed on Service processing will start § 103.1 [Amended] biometric information prior to filing at over from the date of receipt of the a Service Center shall be considered 2. Section 103.1 is amended by: required initial evidence or request for received when physically received at a a. Removing the ‘‘; and’’ at the end of fingerprint or interview rescheduling. If Service Center. the Service requests that the applicant paragraph (f)(3)(iii)(MM) and adding a (ii) Non-payment. If a check or other period in its place; and by or petitioner submit additional evidence financial instrument used to pay a filing or respond to other than a request for b. Removing paragraph (f)(3)(iii)(NN). fee is subsequently returned as not 3. Section 103.2 is amended by: initial evidence, any time limitation payable, the remitter shall be notified imposed on the Service for processing a. Revising paragraph (a)(1); and requested to pay the filing fee and b. Revising paragraph (a)(7); will be suspended as of the date of associated service charge within 14 request. It will resume at the same point c. Revising paragraph (b)(9); calendar days, without extension. If the d. Revising the heading for paragraph where it stopped when the Service application or petition is pending and receives the requested evidence or (b)(10); these charges are not paid within 14 e. Revising paragraph (b)(10)(i); response, or a request for a decision days, the application or petition shall be based on the evidence. f. Revising paragraph (b)(13); rejected as improperly filed. If the * * * * * g. Revising paragraph (b)(14); and by application or petition was already (13) Effect of failure to respond to a h. Revising paragraph (e), to read as approved, and these charges are not request for evidence or appearance. If follows: paid, the approval shall be all requested initial evidence and automatically revoked because it was § 103.2 Applications, petitions, and other requested additional evidence is not improperly field. If the application or documents. submitted by the required date, the petition was already denied, revoked, or (a) Filing. (1) General. Every application or petition shall be abandoned, that decision will not be application, petition, appeal, motion, considered abandoned and, accordingly, affected by the non-payment of the request, or other document submitted shall be denied. Except as provided in filing or fingerprinting fee. New fees on the form prescribed by this chapter § 335.6 of this chapter, if an individual will be required with any new shall be executed and filed in requested to appear for fingerprinting or application or petition. Any fee and accordance with the instructions on the for an interview does not appear, the service charges collected as the result of form, such instructions (including Service does not receive his or her collection activities or legal action on where an application or petition should request for rescheduling by the date of the prior application or petition shall be be filed) being hereby incorporated into the fingerprinting appointment or used to cover the cost of the previous the particular section of the regulations interview, or the applicant or petitioner in this chapter requiring its submission. rejection, revocation, or other action. (b) * * * has not withdrawn the application or The form must be filed with the (9) Request for appearance. An petition, the application or petition appropriate filing fee required by applicant, a petitioner, a sponsor, a shall be considered abandoned and, § 103.7. Except as exempted by beneficiary, or other individual residing accordingly, shall be denied. paragraph (e) of this section, forms in the United States at the time of filing (14) Effect of request for decision. which require an applicant, petitioner, an application or petition may be Where an applicant or petitioner does sponsor, beneficiary, or other individual required to appear for fingerprinting or not submit all requested additional to complete Form FD–258, Applicant for an interview. A petitioner shall also evidence and requests a decision based Card, must also be filed with the service be notified when a fingerprinting notice on the evidence already submitted, a fee for fingerprinting, as required by or an interview notice is mailed or decision shall be issued based on the § 103.7(b)(1), for each individual who issued to a beneficiary, sponsor, or other record. Failure to submit requested requires fingerprinting. Filing fees and individual. The applicant, petitioner, evidence which precludes a material fingerprinting service fees are non- sponsor, beneficiary, or other individual line of inquiry shall be grounds for refundable and, except as otherwise may appear as requested by the Service, denying the application or petition. provided in this chapter, must be paid or prior to the dates and times for Failure to appear for required when the application is filed. fingerprinting or of the date and time of fingerprinting or for a required * * * * * interview: interview, or to give required testimony, (7) Receipt date.—(i) General. An (i) The individual to be fingerprinted shall result in the denial of the related application or petition received in a or interviewed may, for good cause, application or petition. Service office shall be stamped to show request that the fingerprinting or * * * * * the time and date of actual receipt and, interview be rescheduled; or (e) Fingerprinting—(1) General. unless otherwise specified in part 204 or (ii) The applicant or petitioner may Service regulations in this chapter, part 245 of this chapter, shall be withdraw the application or petition. including the instructions to benefit regarded as properly filed when so (10) Effect of a request for initial or applications and petitions, require stamped, if it is properly signed and additional evidence for fingerprinting or certain applicants, petitioners, executed and the required filing fee is interview rescheduling—(i) Effect on beneficiaries, sponsors, and other attached or a waiver of the filing fee is processing. The priority date of a individuals to be fingerprinted on Form Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 12985

FD–258, Applicant Card, for the from denial of an application or petition service fee for fingerprinting has been purpose of conducting criminal for failure to submit a properly submitted. The Service will notify the background checks. On and after completed Form FD–258, Applicant remitter of the filing fee for the December 3, 1997, the Service will Card. A motion to re-open an application or petition of the additional accept Form FD–258, Applicant Card, application or petition denied for failure amount required for the fingerprinting only if prepared by a Service office, a to submit a properly completed Form service fee and request submission of registered State or local law FD–258, Applicant Card, will be granted the correct fee. The Service will also enforcement agency designated by a only on proof that: notify the applicant or petitioner, and, cooperative agreement with the Service (i) A properly completed Form FD– when appropriate, the applicant or to provide fingerprinting services 258, Applicant Card, was submitted at petitioner’s representative, as defined in (DLEA), a United States consular office the time of filing the application or paragraph (a)(3) of this section, of the at United States embassies and petition; deficiency. Failure to submit the correct consulates, or a United States military (ii) A properly completed Form FD– fee for fingerprinting in response to a installation abroad. 258, Applicant Card, was submitted in notice of deficiency within the time (2) Fingerprinting individuals residing response to the notice within the time allotted in the notice will result in in the United States. Beginning on allotted in the notice; or denial of the application or petition for December 3, 1997, for naturalization (iii) The notice was sent to an address failure to submit the correct service fee applications, and on March 29, 1998, for other than the address on the for fingerprinting. There is no appeal all other applications and petitions, application or petition, or the notice of from the denial of an application or applications and petitions for representation, or that the applicant or petition for failure to submit the correct immigration benefits shall be filed as petitioner notified the Service, in service fee for fingerprinting. A motion prescribed in this chapter, without writing, of a change of address or to re-open an application or petition completed Form FD–258, Applicant change of representation subsequent to denied for failure to submit the correct Card. After the filing of an application filing and before the notice was sent and service fee for fingerprinting will be or petion, the Service will issue a notice the Service’s notice was not sent to the granted only on proof that: to all individuals who require new address. (A) The correct service fee for fingerprinting and who are residing in (4) Submission of service fee for fingerprinting was submitted at the time the United States, as defined in section fingerprinting—(i) General. The Service of filing the application or petition; 101(a)(38) of the Act, and request their will charge a fee, as prescribed in (B) The correct service fee for appearance for fingerprinting at a § 103.7(b)(1), for fingerprinting at a fingerprinting was submitted in Service office or other location Service office or a registered State or response to the notice of deficiency designated by the Service, to complete local law enforcement agency within the time allotted in the notice; or Form FD–258, Applicant Card, as designated by a cooperative agreement (C) The notice of deficiency was sent prescribed in paragraph (b)(9) of this with the Service to provide to an address other than the address on section. fingerprinting services. Applications the application or petition, or the notice (3) Fingerprinting individuals residing and petitions for immigration benefits of representation, or that the applicant abroad. Individuals who require shall be submitted with the service fee or petitioner notified the Service, in fingerprinting and whose place of for fingerprinting for all individuals writing, of a change of address or residence is outside of the United who require fingerprinting and who change of representation subsequent to States, must submit a properly reside in the United States at the time filing and before the notice of deficiency completed Form FD–258, Applicant of filing the application or petition. was sent and the Service’s notice of Card, at the time of filing the (ii) Exemptions—(A) Individual deficiency was not sent to the new application or petition for immigration residing abroad. Individuals who address. benefits. In the case of individuals who require fingerprinting and who reside (iv) Non-payment of service fee for reside abroad, a properly completed outside of the United States at the time fingerprinting. If a check or other Form FD–258, Applicant Card, is one of filing an application or petition for financial instrument used to pay a prepared by the Service, a United States immigration benefits are exempt from service fee for fingerprinting is consular office at a United States the requirement to submit the service subsequently returned as not payable, embassy or consulate or a United States fee for fingerprinting with the the remitter shall be notified and military installation abroad. If an application or petition for immigration requested to pay the correct service fee individual who requires fingerprinting benefits. for fingerprinting and any associated and is residing abroad fails to submit a (B) Asylum applicants. Asylum service charges within 14 calendar days. properly completed Form FD–258, applicants are exempt from the The Service will also notify the Applicant Card, at the time of filing an requirement to submit the service fee for applicant or petitioner and, when application or petition, the Service will fingerprinting with the application for appropriate, the applicant or petitioner’s issue a notice to the individual asylum. representative as defined in paragraph requesting submission of a properly (iii) Insufficient service fee for (a)(3) of this section, of the non-payment completed Form FD–258, Applicant fingerprinting; incorrect fees. and request to pay. If the correct service Card. The applicant or petitioner will Applications and petitions for fee for fingerprinting and associated also be notified of the request for immigration benefits received by the service charges are not paid within 14 submission of a properly completed Service without the correct service fee calendar days, the application or Form FD–258, Applicant Card. Failure for fingerprinting will not be rejected as petition will be denied for failure to to submit a properly completed Form improperly filed, pursuant to paragraph submit the correct service fee for FD–258, Applicant Card, in response to (a)(7)(i) of this section. However, the fingerprinting. such a request within the time allotted application or petition will not continue 4. In § 103.7, paragraph (b)(1) is in the notice will result in denial of the processing and the Service will not amended by adding the entry ‘‘For application or petition for failure to issue a notice requesting appearance for fingerprinting by the Service’’ before the submit a properly completed Form FD– fingerprinting to the individuals who entry ‘‘DCL System Costs Fee’’ to the 258, Applicant Card. There is no appeal require fingerprinting until the correct listing of fees, to read as follows: 12986 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations

§ 103.7 Fees. manner, the director shall advise the asylum officer determines that the * * * * * petitioner to submit the documentary applicant received reasonable notice of (b) * * * evidence required in paragraph (f)(1) of the interview or fingerprinting (1) * * * this section and shall fingerprint the appointment. Failure to appear at the * * * * * sponsor in accordance with § 103.2(e) of interview or fingerprint appointment For fingerprinting by the Service. A service this chapter. *** will be excused if the applicant fee of $25 will be charged by the Service for * * * * * demonstrates that such failure was the fingerprinting each applicant, petitioner, result of exceptional circumstances. sponsor, or other individual who is required PART 208ÐPROCEDURES FOR 12. Section 208.14 is amended by to complete Form FD–258 in connection with ASYLUM AND WITHHOLDING OF revising paragraph (b)(2), to read as an application or petition for an immigration REMOVAL follows: benefit (other than asylum) and whose residence is in the United States, as defined 9. The authority citation for part 208 § 208.14 Approval, denial, or referral of in section 101(a)(38) of the Act. continues to read as follows: application. * * * * * Authority: 8 U.S.C. 1103, 1158, 1226, 1252, * * * * * 1282; 8 CFR part 2. (b) * * * § 103.7 [Amended] (2) If the alien appears to be 5. In § 103.7, paragraph (b)(1) is 10. Section 208.7 is amended by deportable, excludable or removable amended by removing the entry for revising paragraph (a)(2), to read as under section 240 of the Act, the asylum ‘‘Form I–850’’ from the listing of fees. follows: officer shall either grant asylum or refer § 208.7 Employment authorization. the application to an immigration judge PART 204ÐIMMIGRANT PETITIONS (a) * * * for adjudication in deportation, 6. The authority citation for part 204 (2) The time periods within which the exclusion, or removal proceedings. An is revised to read as follows: alien may not apply for employment asylum officer may refer such an authorization and within which the application after an interview Authority: 8 U.S.C. 1101, 1103, 1151, 1153, conducted in accordance with § 208.9, 1154, 1182, 1186a, 1255, 1641; 8 CFR part 2. Service must respond to any such application and within which the or if, in accordance with § 208.10, the 7. Section 204.3 is amended by: asylum application must be adjudicated applicant is deemed to have waived his a. Adding the word ‘‘and’’ at the end pursuant to section 208(d)(5)(A)(iii) of or her right to an interview or an of paragraph (c)(1)(iii); the Act shall begin when the alien has adjudication by an asylum officer. b. Removing paragraph (c)(1)(iv); * * * * * c. Redesignating paragraph (c)(1)(v) as filed a complete asylum application in accordance with §§ 208.3 and 208.4. paragraph (c)(1)(iv); PART 209ÐADJUSTMENT OF STATUS Any delay requested or caused by the d. Removing paragraph (c)(1)(vi); and OF REFUGEES AND ALIENS applicant shall not be counted as part of e. Adding a new paragraph (c)(3), to GRANTED ASYLUM read as follows: these time periods, including delays caused by failure without good cause to 12. The authority citation for part 209 § 204.3 Orphans. follow the requirements for fingerprint continues to read as follows: * * * * * processing. Such time periods shall also Authority: 8 U.S.C. 1101, 1103, 1157, 1158, (c) * * * be extended by the equivalent of the 1159, 1228, 1252, 1282; 8 CFR part 2. (3) After receipt of a properly filed time between issuance of a request for 13. Section 209.1 is amended by advanced processing application, the evidence pursuant to § 103.2(b)(8) of revising the third sentence of paragraph Service will fingerprint each member of this chapter and the receipt of the (b), to read as follows: the married prospective adoptive couple applicant’s response to such request. or the unmarried prospective adoptive * * * * * § 209.1 Admission for permanent parent, as prescribed in § 103.2(e) of this 11. Section 208.10 is revised to read residence after 1 year. chapter. The Service will also as follows: * * * * * fingerprint each additional adult (b) * * * If the refugee entrant has member of the prospective adoptive § 208.10 Failure to appear at an interview been physically present in the United parents’ household, as prescribed in before an asylum officer or failure to follow requirements for fingerprint processing. States for at least 1 year, Form G–325A, § 103.2(e) of this chapter. The Service Biographic Information, will be Failure to appear for a scheduled may waive the requirement that each processed, and the refugee entrant shall interview without prior authorization additional adult member of the be fingerprinted on Form FD–258, may result in dismissal of the prospective adoptive parents’ household Applicant Card, as prescribed in application or waiver of the right to an be fingerprinted when it determines that § 103.2(e) of this chapter. * ** such adult is physically unable to be interview. Failure to comply with 14. Section 209.2 is amended by fingerprinted because of age or medical fingerprint processing requirements removing the second sentence of condition. without good cause may result in paragraph (c), and adding two sentences dismissal of the application or waiver of * * * * * in its place, to read as follows: the right to an adjudication by an 8. Section 204.4 is amended by: asylum officer. Failure to appear shall § 209.2 Adjustment of status of alien a. Removing paragraph (f)(1)(iv); and granted asylum. b. Revising the second sentence of be excused if the notice of the interview paragraph (d)(1), to read as follows: or fingerprint appointment was not * * * * * mailed to the applicant’s current (c) * * * A separate application must § 204.4 Amerasian child of a United States address and such address had been be filed by each alien. If the alien is 14 citizen. provided to the Office of International years of age or older, the application * * * * * Affairs by the applicant prior to the date must be accompanied by a completed (d) * * * of mailing in accordance with section Form G–325A, Biographic Information, (1) * * * If the preliminary 265 of the Act and regulations and the alien shall be fingerprinted on processing is completed in a satisfactory promulgated thereunder, unless the Form FD–258, Applicant Card, as Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 12987 prescribed in § 103.2(e) of this chapter. by Form I–643, Health and Human PART 299ÐIMMIGRATION FORMS *** Services Statistical Data for Refugee/ 2. The authority citation for part 299 * * * * * Asylee Adjusting Status, and the results of a medical examination given in continues to read as follows: PART 244ÐTEMPORARY PROTECTED accordance with § 245.8. In addition, if Authority: 8 U.S.C. 1101, 1103, 8 CFR part STATUS FOR NATIONAL OF the applicant has reached his or her 2. DESIGNATED STATES 14th birthday but is not over 79 years § 299.1 [Amended] of age, the application shall be 23. Section 299.1 is amended in the 15. The authority citation for part 244 accompanied by a completed Form G– table by removing the entries for Form continues to read as follows: 325A, Biographic Information, and the ‘‘I–850’’ and ‘‘I–850A’’. Authority: 8 U.S.C. 1103, 1254, 1254a note, applicant shall be fingerprinted on Form 8 CFR part 2. FD–258, Applicant Card, as prescribed § 299.5 [Amended] 16. Section 244.6 is revised to read as in § 103.2(e) of this chapter. 24. Section 299.5 is amended in the follows: * * * * * table by removing the entries for Forms ‘‘I–850’’ and ‘‘I–850A’’. § 244.6 Application. PART 264ÐREGISTRATION AND An application for Temporary FINGERPRINTING OF ALIENS IN THE PART 316ÐGENERAL Protected Status shall be made in UNITED STATES REQUIREMENTS FOR accordance with § 103.2 of this chapter NATURALIZATION except as provided herein. Each 19. The authority citation for part 264 application must be filed with the filing continues to read as follows: 25. The authority citation for part 316 continues to read as follows: and fingerprinting fees, as provided in Authority: 8 U.S.C. 1103, 1201, 1201a, § 103.7 of this chapter, by each 1301–1305. Authority: 8 U.S.C. 1103, 1181, 1182, 1443, 1447; 8 CFR part 2. individual seeking temporary protected 20. Section 264.2 is amended by: status, except that the filing fee for the a. Removing and reserving paragraph 26. Section 316.4 is amended by: Form I–765 will be charged only for (c)(1)(iii); a. Adding the word ‘‘and’’ at the end those aliens who are nationals of El b. Removing and reserving paragraph of paragraph (a)(2); Salvador, and are between the ages of 14 (c)(2)(iii); b. Removing paragraph (a)(3); and 65 (inclusive), and are requesting c. Removing the phrase ‘‘, or his/her c. Redesignating paragraph (a)(4) as work authorization. Each application fingerprints on Form FD–258’’ from paragraph (a)(3); must consist of a completed Form I–821, paragraph (c)(3); d. Redesignating paragraph (b) as Application for temporary protected d. Redesignating paragraphs (d) paragraph (c); and by e. Adding a new paragraph (b), to read status, Form I–765, Application for through (h) as paragraphs (e) through (i), as follows: Employment Authorization, two respectively; and by identification photographs (11⁄2′′ × e. Adding a new paragraph (d), to read § 316.4 Application; documents. 1 ′′ 1 ⁄2 ), and supporting evidence as as follows: * * * * * provided in § 240.9 of this chapter. (b) Each applicant who files Form N– Every applicant who is 14 years of age § 264.2 Application for creation of record of permanent residence. 400, Application for Naturalization, or older shall be fingerprinted on Form shall be fingerprinted on Form FD–258, * * * * * FD–258, Applicant Card, as prescribed Applicant Card, as prescribed in in § 103.2(e) of this chapter. (d) Fingerprinting. After filing an application, each applicant 14 years of § 103.2(e) of this chapter. PART 245ÐADJUSTMENT OF STATUS age or older shall be fingerprinted on * * * * * Form FD–258, Applicant Card, as TO THAT OF PERSON ADMITTED FOR PART 332ÐNATURALIZATION prescribed in § 103.2(e) of this chapter. PERMANENT RESIDENCE ADMINISTRATION * * * * * 17. The authority citation for part 245 21. Section 264.5 is amended by: 27. The authority citation for part 332 continues to read as follows: a. Removing paragraph (e)(1)(v); continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1182, 1255; b. Redesignating paragraphs (e)(3)(i) Authority: 8 U.S.C. 1103, 1443, 1447. 8 CFR part 2. and (e)(3)(ii) as paragraphs (e)(3)(ii) and 18. Section 245.7 is amended by (e)(3)(iii); § 332.2 [Amended] revising paragraph (a), to read as c. Adding the word ‘‘fingerprinting,’’ 28. Section 332.2 is amended by: follows: immediately after the phrase ‘‘person a. Removing the words ‘‘and filing,’’ in newly redesignated paragraph fingerprinting’’ from the section § 245.7 Adjustment of status of certain (e)(3)(iii); and by heading; and by Soviet and Indochinese parolees under the d. Adding a new paragraph (e)(3)(i), to b. Removing the phrase ‘‘, Foreign Operations Appropriations Act for read as follows: fingerprinting services or both’’ from the Fiscal Year 1990 (Pub. L. 101±167). end of the first sentence. (a) Application. Each person applying § 264.5 Application for a replacement Alien for benefits under section 599E of Public Registration Card. PART 335ÐEXAMINATION ON Law 101–167 (103 Stat. 1195, 1263) * * * * * APPLICATION FOR NATURALIZATION must file Form I–485, Application to (e) * * * 29. The authority citation for part 335 Register Permanent Residence or Adjust (3) * * * continues to read as follows: Status, with the director having (i) Fingerprinting. After filing an I–90 jurisdiction over the applicant’s place of application, each applicant shall be Authority: 8 U.S.C. 1103, 1443, 1147. residence and must pay the appropriate fingerprinted on Form FD–258, 30. Section 335.2 is amended by: filing and fingerprinting fee, as Applicant Card, as prescribed in a. Redesignating paragraphs (b) prescribed in § 103.7 of this chapter. § 103.2(e) of this chapter. through (e) as paragraphs (c) through (f), Each application shall be accompanied * * * * * respectively; and by 12988 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations

b. Adding a new paragraph (b), to read 20555–0001, telephone 301–415–7162, ADDRESSES: Send comments on the rule as follows: e-mail [email protected]. in triplicate to Manager, Airspace Branch, Air Traffic Division, Federal § 335.2 Examination of applicant. 1. On page 2878, in the second column, in the first sentence of Aviation Administration, Southwest * * * * * § 9.21(b), insert a hyphen between Region, Docket No. 98–ASW–20, Fort (b) Completion of criminal ‘‘publicly’’ and ‘‘available,’’ and in the Worth, TX 76193–0520. background checks before examination. second line of the introductory text of The official docket may be examined The Service will notify applicants for § 9.21(c), insert a hyphen between in the Office of the Regional Counsel, naturalization to appear before a Service ‘‘publicly’’ and ‘‘available.’’ Federal Aviation Administration, officer for initial examination on the 2. On page 2878, in the third column, Southwest Region, 2601 Meacham naturalization application only after the in the last line of § 9.21(f), the Internet Boulevard, Room 663, Fort Worth, TX, Service has received a definitive address is corrected to read ‘‘http:// between 9:00 AM and 3:00 PM, Monday response from the Federal Bureau of www.nrc.gov/.’’ through Friday, except Federal holidays. Investigation that a full criminal 3. On page 2833, in the third column, An informal docket may also be background check of an applicant has the section heading for § 9.45 is examined during normal business hours been completed. A definitive response corrected to read, ‘‘§ 9.45 Annual report at the Airspace Branch, Air Traffic that a full criminal background check on to the Attorney General of the United Division, Federal Aviation an applicant has been completed States’’, and in the first sentence of Administration, Southwest Region, includes: § 9.45(b), the ‘‘:’’ is removed after the Room 414, Fort Worth, TX. (1) Confirmation from the Federal word ‘‘as’’, and the Internet address is FOR FURTHER INFORMATION CONTACT: Bureau of Investigation that an corrected to read ‘‘http://www.nrc.gov/ Donald J. Day, Airspace Branch, Air applicant does not have an .’’ Traffic Division, Southwest Region, administrative or a criminal record; Federal Aviation Administration, Fort (2) Confirmation from the Federal Dated at Rockville, Maryland, this 11th day of March 1998. Worth, TX 76193–0520, telephone 817– Bureau of Investigation that an 222–5593. applicant has an administrative or a For the Nuclear Regulatory Commission. SUPPLEMENTARY INFORMATION: criminal record; or David L. Meyer, This (3) Confirmation from the Federal Chief, Rules and Directives Branch, Division amendment to 14 CFR Part 71 revises Bureau of Investigation that two of Administrative Services, Office of the Class E airspace at Eastland, TX. The properly prepared fingerprint cards Administration. development of NDB and GPS SIAP’s to (Form FD–258) have been determined [FR Doc. 98–6822 Filed 3–16–98; 8:45 am] RWY 35 at Eastland Municipal Airport, Eastland, TX, has made this action unclassifiable for the purpose of BILLING CODE 7590±01±P conducting a criminal background necessary. The intended effect of this check and have been rejected. action is to provide adequate controlled airspace extending upward from 700 * * * * * DEPARTMENT OF TRANSPORTATION feet or more above the surface for Dated: March 10, 1998. Instrument Flight Rules (IFR) operations Doris Meissner, Federal Aviation Administration at Eastland Municipal Airport, Eastland, Commissioner, Immigration, and 14 CFR Part 71 TX. Naturalization Service. Class E airspace designations are [FR Doc. 98–6828 Filed 3–16–98; 8:45 am] [Airspace Docket No. 98±ASW±20] published in Paragraph 6005 of FAA BILLING CODE 4410±10±M Order 7400.9E, dated September 10, Revision of Class E Airspace; 1997, and effective September 16, 1997, Eastland, TX which is incorporated by reference in 14 NUCLEAR REGULATORY CFR 71.1. The Class E airspace COMMISSION AGENCY: Federal Aviation designation listed in this document will Administration (FAA), DOT. be published subsequently in the order. 10 CFR Part 9 ACTION: Direct final rule; Request for The Direct Final Rule Procedure RIN 3150±AF78 comments. The FAA anticipates that this Electronic Freedom of Information Act: SUMMARY: This amendment revises the regulation will not result in adverse or Implementation; Correction Class E airspace at Eastland, TX. The negative comment and therefore is development of a Nondirectional Radio issuing it as a direct final rule. A AGENCY: Nuclear Regulatory Beacon (NDB) Standard Instrument substantial number of previous Commission. Approach Procedure (SIAP) and a opportunities provided to the public to ACTION: Final rule; correction. Global Positioning System (GPS) SIAP comment on substantially identical to runway (RWY) 35 at Eastland actions have resulted in negligible SUMMARY: This document corrects a Municipal Airport, Eastland, TX, has adverse comments or objections. Unless notice appearing in the Federal Register made this rule necessary. This action is a written adverse or negative comment on January 20, 1998 (63 FR 2873). This intended to provide adequate controlled or a written notice of intent to submit action is necessary to correct airspace extending upward from 700 an adverse or negative comment is miscellaneous errors in the codified text feet or more above the surface for received within the comment period, of the final rule. Instrument Flight Rules (IFR) operations the regulation will become effective on DATES: Effective February 19, 1998. at Eastland Municipal Airport, Eastland, the date specified above. After the close FOR FURTHER INFORMATION CONTACT: TX. of the comment period, the FAA will David L. Meyer, Chief, Rules and DATES: Effective 0901 UTC, June 18, publish a document in the Federal Directives Branch, Division of 1998. Register indicating that no adverse or Administrative Services, Office of Comments must be received on or negative comments were received and Administration, Washington, D.C. before May 1, 1998. confirming the date on which the final Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 12989 rule will become effective. If the FAA Further, the FAA has determined that from the 6.4-mile radius to 10.4 miles south does receive, within the comment this regulation is noncontroversial and of the airport. period, an adverse or negative comment, unlikely to result in adverse or negative * * * * * or written notice of intent to submit comments and only involves an Issued in Fort Worth, TX, on March 4, such a comment, a document established body of technical 1998. withdrawing the direct final rule will be regulations that require frequent and Albert L. Viselli, published in the Federal Register, and routine amendments to keep them Acting Manager, Air Traffic Division, a notice of proposed rulemaking may be operationally current. Therefore, I Southwest Region. published with a new comment period. certify that this regulation (1) is not a [FR Doc. 98–6814 Filed 3–16–98; 8:45 am] ‘‘significant regulatory action’’ under BILLING CODE 4910±13±M Comments Invited Executive Order 12866; (2) is not a Although this action is in the form of ‘‘significant rule’’ under DOT a final rule and was not preceded by a Regulatory Policies and Procedures (44 DEPARTMENT OF TRANSPORTATION notice of proposed rulemaking, FR 11034; February 26, 1979); and (3) if comments are invited on this rule. promulgated, will not have a significant Federal Aviation Administration Interested persons are invited to economic impact, positive or negative, 14 CFR Part 71 comment on this rule by submitting on a substantial number of small entities such written data, views, or arguments under the criteria of the Regulatory [Airspace Docket No. 98±ASW±19] as they may desire. Communications Flexibility Act. Since this rule involves should identify the Rules Docket routine matters that will only affect air Revision of Class E Airspace; Gallup, number and be submitted in triplicate to traffic procedures and air navigation, it NM the address specified under the caption does not warrant preparation of a AGENCY: Federal Aviation ADDRESSES. All communications Regulatory Flexibility Analysis because Administration (FAA), DOT. received on or before the closing date the anticipated impact is so minimal. ACTION: Direct final rule; request for for comments will be considered, and List of Subjects in 14 CFR Part 71 comments. this rule may be amended or withdrawn in light of the comments received. Airspace, Incorporation by reference, SUMMARY: This amendment revises the Factual information that supports the Navigation (air). Class E airspace at Gallup, NM. The commenter’s ideas and suggestions is Adoption of the Amendment development of a Global Positioning extremely helpful in evaluating the System (GPS) Standard Instrument effectiveness of this action and Accordingly, pursuant to the Approach Procedure (SIAP) to runway determining whether additional authority delegated to me, the Federal (RWY) 6 at Gallup Municipal Airport, rulemaking action is needed. Aviation Administration amends 14 Gallup, NM, has made this rule CFR Part 71 as follows: Comments are specifically invited on necessary. This action is intended to the overall regulatory, economic, PART 71ÐDESIGNATION OF CLASS A, provide adequate controlled airspace environmental, and energy aspects of CLASS B, CLASS C, CLASS D, AND extending from 700 feet or more above the rule that might suggest a need to CLASS E AIRSPACE AREAS; the surface for Instrument Flight Rules modify the rule. All comments AIRWAYS; ROUTES; AND REPORTING (IFR) operations at Gallup Municipal submitted will be available both before POINTS Airport, Gallup, NM. and after the closing date for comments DATES: Effective 0901 UTC, June 18, in the Rules Docket for examination by 1. The authority citation for 14 CFR 1998. interested persons. A report that Part 71 continues to read as follows: Comments must be received on or summarizes each FAA public contact Authority: 49 U.S.C. 106(g), 40103, 40113, before May 1, 1998. concerned with the substance of this 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– ADDRESSES: Send comments on the rule action will be filed in the Rules Docket. 1963 Comp., p. 389. in triplicate to Manager, Airspace Commenters wishing the FAA to § 71.1 [Amended] Branch, Air Traffic Division, Federal acknowledge receipt of their comments Aviation Administration Southwest submitted in response to this rule must 2. The incorporation by reference in Region, Docket No. 98–ASW–19, Fort submit a self-addressed, stamped 14 CFR 71.1 of the Federal Aviation Worth, TX 76193–0520. postcard on which the following Administration Order 7400.9E, Airspace The official docket may be examined statement is made: Comments to Docket Designations and Reporting Points, in the Office of the Regional Counsel, No. 98–ASW–20. The postcard will be dated September 10, 1997, and effective Southwest Region, Federal Aviation date stamped and returned to the September 16, 1997, is amended as Administration, 2601 Meacham commenter. follows: Boulevard, Room 663, Fort Worth, TX, Paragraph 6005: Class E airspace areas between 9:00 AM and 3:00 PM, Monday Agency Findings extending upward from 700 feet or more through Friday, except Federal holidays. The regulations adopted herein will above the surface of the earth. An informal docket may also be not have substantial direct effects on the * * * * * examined during normal business hours at the Airspace Branch, Air Traffic States, on the relationship between the ASW TX E5 Eastland, TX [Revised] national government and the States, or Division, Federal Aviation Eastland Municipal Airport, TX on the distribution of power and ° ′ ′′ ° ′ ′′ Administration, Southwest Region, (lat. 32 24 49 N., long. 98 48 35 W.) Room 414, Fort Worth, TX. responsibilities among the various Old Rip RBN levels of government. Therefore, in (lat. 32°23′55′′ N., long. 98°48′37′′ W.) FOR FURTHER INFORMATION CONTACT: accordance with Executive Order 12612, That airspace extending upward from 700 Donald J. Day, Airspace Branch, Air it is determined that this final rule does feet above the surface within a 6.4-mile Traffic Division, Southwest Region, not have sufficient federalism radius of Eastland Municipal Airport and Federal Aviation Administration, Fort implications to warrant the preparation within 8 miles east and 4 miles west of the Worth, TX 76193–0520, telephone 817– of a Federalism assessment. 182° bearing from the Old Rip RBN extending 222–5593. 12990 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations

SUPPLEMENTARY INFORMATION: This in light of the comments received. List of Subjects in 14 CFR Part 71 amendment to 14 CFR part 71 revises Factual information that supports the the Class E airspace at Gallup, NM. The commenter’s ideas and suggestions is Airspace, Incorporation by reference, development of a GPS SIAP to RWY 6 extremely helpful in evaluating the Navigation (air). at Gallup Municipal Airport, Gallup, effectiveness of this action and Adoption of the Amendment NM, has made this action necessary. determining whether additional The intended effect of this action is to rulemaking action is needed. Accordingly, pursuant to the provide adequate controlled airspace Comments are specifically invited on authority delegated to me, the Federal extending from 700 feet or more above the overall regulatory, economic, Aviation Administration amends 14 the surface for Instrument Flight Rules environmental, and energy aspects of CFR part 71 as follows: (IFR) operations at Gallup Municipal the rule that might suggest a need to Airport, Gallup, NM. modify the rule. All comments PART 71ÐDESIGNATION OF CLASS A, Class E airspace designations are submitted will be available, both before CLASS B, CLASS C, CLASS D, AND published in Paragraph 6005 of FAA and after the closing date, for comments CLASS E AIRSPACE AREAS; Order 7400.9E, dated September 10, in the Rules Docket for examination by AIRWAYS; ROUTES; AND REPORTING 1997, and effective September 16, 1997, interested persons. A report that POINTS which is incorporated by reference in 14 CFR 71.1. The Class E airspace summarizes each FAA public contact concerned with the substance of this 1. The authority citation for 14 CFR designation listed in this document will part 71 continues to read as follows: be published subsequently in the order. action will be filed in the Rules Docket. Commenters wishing the FAA to Authority: 49 U.S.C. 106(g), 40103, 40113, The Direct Final Rule Procedure acknowledge receipt of their comments 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– The FAA anticipates that this submitted in response to this rule must 1963 Comp., p. 389. regulation will not result in adverse or submit a self-addressed, stamped § 71.1 [Amended] negative comment and therefore is postcard on which the following issuing it as a direct final rule. A statement is made: Comments to Docket 2. The incorporation by reference in substantial number of previous No. 98–ASW–19. The postcard will be 14 CFR 71.1 of the Federal Aviation opportunities provided to the public to date stamped and returned to the Administration Order 7400.9E, Airspace comment on substantially identical commenter. Designations and Reporting Points, actions have resulted in negligible dated September 10, 1997, and effective adverse comments or objections. Unless Agency Findings September 16, 1997, is amended as a written adverse or negative comment follows: The regulations adopted herein will or a written notice of intent to submit not have substantial direct effects on the Paragraph 6005: Class E airspace areas an adverse or negative comment is states, on the relationship between the extending upward from 700 feet or more received within the comment period, national government and the states, or above the surface of the earth. the regulation will become effective on on the distribution of power and the date specified above. After the close * * * * * responsibilities among the various of the comment period, the FAA will levels of government. Therefore, in ASW NM E5 Gallup, NM [Revised] publish a document in the Federal accordance with Executive Order 12612, Gallup Municipal Airport, NM Register indicating that no adverse or it is determined that this final rule does (lat. 35°30′40′′N., long. 108°47′22′′W.) negative comments were received and not have sufficient federalism That airspace extending upward from 700 confirming the date on which the final implications to warrant the preparation feet above the surface within a 6.7-mile rule will become effective. If the FAA of a Federalism Assessment. radius of Gallup Municipal Airport and with does receive, within the comment ° Further, the FAA has determined that 3.8 miles each side of the 250 bearing from period, an adverse or negative comment the Gallup Municipal Airport extending from this regulation is noncontroversial and or written notice of intent to submit the 6.7-mile radius to 12.6 miles southwest unlikely to result in adverse or negative such a comment, a document of the airport and within 2 miles each side comments and only involves an withdrawing the direct final rule will be of the 074° bearing from the airport extending established body of technical published in the Federal Register, and from the 6.7-mile radius to 9.1 miles east of regulations that require frequent and a notice of proposed rulemaking may be the airport and that airspace extending published with a new comment period. routine amendments to keep them upward from 1200 feet above the surface operationally current. Therefore, I Comments Invited within an area bounded by a line beginning certify that this regulation (1) is not a at lat. 35°47′30′′N., long. 108°34′02′′W.; to lat. Although this action is in the form of ‘‘significant regulatory action’’ under 35°26′50′′N., long. 108°34′02′′W.; to lat a final rule and was not preceded by a Executive Order 12866; (2) is not a 35°13′15′′N., long. 109°06′02′′W.; to lat. notice of proposed rulemaking, ‘‘significant rule’’ under DOT 35°20′25′′N., long. 109°10′42′′W.; to lat. comments are invited on this rule. Regulatory Policies and Procedures (44 35°52′00′′N., long. 108°47′02′′W.; to point of Interested persons are invited to FR 11034; February 26, 1979); and (3) if beginning excluding that airspace within the comment on this rule by submitting promulgated, will not have a significant New Mexico, NM, Class E airspace area. such written data, views, or arguments economic impact, positive or negative, * * * * * as they may desire. Communications on a substantial number of small entities Issued in Fort Worth, TX, on March 4, should identify the Rules Docket under the criteria of the Regulatory 1998. number and be submitted in triplicate to Flexibility Act. Since this rule involves the address specified under the caption routine matters that will only affect air Albert L. Viselli, ADDRESSES. All communications traffic procedures and air navigation, it Acting Manager, Air Traffic Division, received on or before the closing date does not warrant preparation of a Southwest Region. for comments will be considered, and Regulatory Flexibility Analysis because [FR Doc. 98–6815 Filed 3–16–98; 8:45 am] this rule may be amended or withdrawn the anticipated impact is so minimal. BILLING CODE 4910±13±M Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 12991

DEPARTMENT OF TRANSPORTATION surface areas at both airports. Letters when promulgated, will not have a have been received from Sunrise significant economic impact on a Federal Aviation Administration Aviation INC., Nordic Air, Temsco substantial number of small entities Helicopters INC., Pacific Wing INC., under the criteria of the Regulatory 14 CFR Part 71 Taquan Air, and Hawkair Aviation Flexibility Act. Services LTD objecting to the [Airspace Docket No. 97±AAL±11] List of Subjects in 14 CFR Part 71 establishment of these surface areas Revocation of Class E Airspace; without an apparent purpose and usage. Airspace, Incorporation by reference, Wrangell, AK, and Petersburg, AK Alaska Airlines has informed the FAA Navigation (air). that their RNP instrument approach AGENCY: Federal Aviation Adoption of the Amendment development for Wrangell Airport and Administration (FAA) DOT. Petersburg James A Johnson Airport has In consideration of the foregoing, the ACTION: Final rule. been delayed and that development of Federal Aviation Administration amends 14 CFR part 71 as follows: SUMMARY: This action revokes the Class new RNP approaches is not scheduled in the immediate future. E surface area airspace at Wrangell, AK, PART 71ÐDESIGNATION OF CLASS A, and Peterburg, AK. Plans to develop On December 3, 1997, a proposal to amend part 71 of the Federal Aviation CLASS B, CLASS C, CLASS D, AND Required Navigation Performance (RNP) CLASS E AIRSPACE AREAS; instrument approach procedures at Regulations (14 CFR part 71) to revise the Class E airspace at Wrangell, AK, AIRWAYS; ROUTES; AND REPORTING these airports have been canceled or POINTS delayed indefinitely. Consequently, the and Petersburg, AK, was published in surface areas at Wrangell Airport and the Federal Register (62 FR 63917). 1. The authority citation for 14 CFR Petersburg James A Johnson Airport are Interested parties were invited to part 71 continues to read as follows: participate in this rulemaking not longer necessary for air traffic Authority: 49 U.S.C. 106(g), 40103, 40113, operations. This action will result in the proceeding by submitting written 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– affected airspace reverting to Class G. comments on the proposal to the FAA. 1963 Comp., p. 389. No negative comments to the proposal EFFECTIVE DATE: 0901 Coordinated were received. Letters confirming their § 71.1 [Amended] Universal Time (UTC), April 16, 1998. support for this proposal were received 2. The incorporation by reference in FOR FURTHER INFORMATION CONTACT: from Sunrise Aviation INC., Nordic Air, 14 CFR 71.1 of Federal Aviation Robert van Haastert, Operations Branch, Temsco Helicopters INC., Pacific Wing Administration Order 7400.9E, Airspace AAL–538, Federal Aviation INC., Taquan Air, and Hawkair Aviation Designations and Reporting Points, Administration, 222 West 7th Avenue, Services LTD. Thus, the rule is adopted dated September 10, 1997, and effective Box 14, Anchorage, AK 99513–7587; as written. September 16, 1997, is amended as telephone number: (907) 271–5863; follows: email: [email protected]; The Rule Internet: http://www.alaska.faa.gov/at or This amendment to part 71 of the Paragraph 6002 The Class E airspace areas at http://www.mmac.jccbi.gov/aal/at or Federal Aviation Regulations (14 CFR listed below are designated as a surface area for an airport. at http://162.58.28.41/at. part 71) revokes the Class E airspace at SUPPLEMENTARY INFORMATION: Wrangell, AK, and Petersburg, AK. The * * * * * coordinates for this airspace docket are AAL AK E2 Petersburg, AK [Removed] Background based on North American Datum 83. * * * * * In May 1996, rulemaking actions were The Class E airspace areas designated as AAL AK E2 Wrangell, AK [Removed] initiated to create surface area airspace surface areas for an airport are * * * * * at the Wrangell Airport and the published in paragraph 6002 of FAA Issued in Anchorage, AK, on March 9, Petersburg James A Johnson Airport to Order 7400.9E, Airspace Designations 1998. support new RNP instrument approach and Reporting Points, dated September Willis C. Nelson, procedures. Alaska Airlines planned to 10, 1997, and effective September 16, Manager, Air Traffic Division, Alaskan develop RNP approaches to runways 27 1997, which is incorporated by Region. and 9 at Wrangell Airport, and for reference in 14 CFR 71.1. The Class E [FR Doc. 98–6820 Filed 3–16–98; 8:45 am] runways 4 and 22 at Petersburg James A airspace designations listed in this BILLING CODE 4910±13±M Johnson Airport. These new RNP document would be removed approaches were to be designed with subsequently from the Order. minimums below 700 feet Above The FAA has determined that this DEPARTMENT OF TRANSPORTATION Ground Level (AGL). The establishment proposed regulation only involves an of surface areas at both airports were established body of technical Federal Aviation Administration requested and the Notice of Proposed regulations for which frequent and 14 CFR Part 71 Rulemaking (NPRM) was published routine amendments are necessary to June 24, 1996 (61 FR 32372). No keep them operationally current. It, [Airspace Docket No. 97±ASW±25] comments to the NPRM were received therefore—(1) is not a ‘‘significant and the final rule was published regulatory action’’ under Executive Revision of Class E Airspace; Gallup, October 16, 1996 (61 FR 53844), Order 12866; (2) is not a ‘‘significant NM establishing new surface areas for rule’’ under DOT Regulatory Policies AGENCY: Federal Aviation Wrangell Airport and Petersburg James and Procedures (44 FR 11034; February Administration (FAA), DOT. A Johnson Airport. After the Juneau 26, 1979); and (3) does not warrant ACTION: Direct Final Rule; Withdrawal. Sectional Aeronautical Chart, 37th preparation of a regulatory evaluation as edition, was published on April 24, the anticipated impact is so minimal. SUMMARY: This action withdraws a 1997, the FAA received one Since this is a routine matter that will Direct Final Rule (DFR) published in the Congressional Inquiry and additional only affect air traffic procedures and air Federal Register on December 15, 1997, letters of concern and objections to the navigation, it is certified that this rule, which revised the Class E airspace at 12992 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations

Gallup, NM. The DFR was to provide DEPARTMENT OF TRANSPORTATION the Federal Register on February 12, adequate controlled airspace extending 1998 (63 FR 7063), is withdrawn. Federal Aviation Administration upward from 700 feet above the surface Authority: 49 U.S.C. 106(g), 40103, 40113, for Instrument Flight Rules (IFR) 14 CFR Part 71 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– operations at Gallup Municipal Airport, 1963 Comp., p. 389. Gallup, NM. The description of the [Airspace Docket No. 97±ASW±26] Issued in Fort Worth, TX, on March 4, airspace in the DFR incorrectly 1998. described the airspace necessary to Revision of Class E Airspace; Albert L. Viselli, Eastland, TX contain aircraft IFR operations at Acting Manager, Air Traffic Division, Gallup, NM. Accordingly, the DFR as AGENCY: Federal Aviation Southwest Region. published, is withdrawn. Administration (FAA), DOT. [FR Doc. 98–6817 Filed 3–16–98; 8:45 am] DATES: The direct final rule published at ACTION: Direct Final Rule; Withdrawal. BILLING CODE 4910±13±M 62 FR 65606 is withdrawn on March 17, SUMMARY: This action withdraws the 1998. Direct Final Rule (DFR) published in the NATIONAL AERONAUTICS AND FOR FURTHER INFORMATION CONTACT: Federal Register on February 12, 1998, SPACE ADMINISTRATION Donald J. Day, System Management which revised Class E airspace at Branch, Federal Aviation Eastland, TX. The DFR was to provide 14 CFR Part 1274 Administration, Southwest Region, Fort adequate controlled airspace extending upward from 700 feet above the surface Miscellaneous Revisions to the NASA Worth, TX 76193–0530 telephone 817– for Instrument Flight Rules (IFR) Grant and Cooperative Agreement 222–5593. operations at Eastland Municipal Handbook, Section D SUPPLEMENTARY INFORMATION: On Airport, Eastland, TX. The description AGENCY: December 15, 1997 (62 FR 65606), a of the airspace in the DFR incorrectly National Aeronautics and Space Administration (NASA). DFR was published in the Federal described the airspace necessary to Register to revise Class E airspace at contain aircraft IFR operations at ACTION: Final rule. Gallup, NM. The intended effect of the Eastland, TX. Accordingly, the DFR as SUMMARY: The NASA Grant and published, is withdrawn. DFR was to provide adequate controlled Cooperative Agreement Handbook airspace extending upward from 700 DATES: The direct final rule published at regulation is published in the Code of feet or more above the surface for IFR 63 FR 7063 is withdrawn on March 17, Federal Regulations. This is a final rule operations at Gallup Municipal Airport, 1998. to amend the Handbook to: require the Gallup, NM. The description of the FOR FURTHER INFORMATION CONTACT: centers to discuss whether any special airspace in the DFR incorrectly Donald J. Day, Airspace Branch, Federal provisions might be needed for a described the airspace necessary to Aviation Administration, Southwest cooperative agreement which extends contain aircraft IFR operations at Region, Fort Worth, TX 76193–0530; over three years or requires a NASA Gallup, NM. Accordingly, the DFR telephone 817–222–5593. cash contribution of more than $20M; published in the Federal Register on SUPPLEMENTARY INFORMATION: On require that NASA non-cash December 15, 1997 (62 FR 65606) is February 12, 1998 (63 FR 7063), a DFR contributions reflect the total cost of withdrawn. Since this action only was published in the Federal Register to those contributions; require that a withdraws a DFR, it is neither a revise Class E airspace at Eastland, TX. NASA Form 1678 be used to designate proposed nor a final rule and therefore The intended effect of the DFR was to the NASA Technical Officer on is not covered under Executive Order provide adequate controlled airspace cooperative agreements; require that a 12866, the Regulatory Flexibility Act, or extending upward from 700 feet or more new provision be used which DOT Regulatory Policies and Procedures above the surface for IFR operations at summarizes the reports required to be (44 FR 11034, February 26, 1979). Eastland Municipal Airport, Eastland, submitted under the cooperative TX. The description of the airspace in List of Subjects in 14 CFR Part 71 agreement; and miscellaneous changes the DFR incorrectly described the made to conform to the new FAR Part Airspace, Incorporation by reference, airspace necessary to contain aircraft 15. Navigation (air). IFR operations at Eastland Municipal EFFECTIVE DATE: March 17, 1998. Airport, Eastland, TX. Accordingly, the FOR FURTHER INFORMATION CONTACT: Withdrawal of Direct Final Rule DFR published in the Federal Register Thomas L. Deback, NASA, Office of on February 12, 1998, is withdrawn. Accordingly, pursuant to the Procurement, Contract Management Since this action only withdraws a DFR, Division (Code HK), (202) 358–0431. authority delegated to me, Airspace it is neither a proposed nor a final rule Docket No. 97–ASW–25, as published in and therefore is not covered under SUPPLEMENTARY INFORMATION: the Federal Register on December 15, Executive Order 12866, the Regulatory Background 1997 (62 FR 65606), is withdrawn. Flexibility Act, or DOT Regulatory Authority: 49 U.S.C. 106(g), 40103, 40113, Policies and Procedures (44 FR 11034, The NASA Grant and Cooperative 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– February 26, 1979). Agreement Handbook is the NASA 1963 Comp., p. 389. regulation for awarding and List of Subjects in 14 CFR Part 71 administering grants and cooperative Issued in Fort Worth, TX, on March 4, agreements (14 CFR Part 1260). Subpart 1998. Airspace, Incorporation by reference, Navigation (air). D provides the policy and text of Albert L. Viselli, provisions for cooperative agreements Acting Manager, Air Traffic Division, Withdrawal of Direct Final Rule with commercial firms and addresses Southwest Region. Accordingly, pursuant to the NASA’s authority, definitions, [FR Doc. 98–6816 Filed 3–16–98; 8:45 am] authority delegated to me, Airspace applicability, amendments, BILLING CODE 4910±13±M Docket No. 97–ASW–26, as published in publications, deviations, pre-award Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 12993 requirements and post-award (6) * * * The Government’s resource shall be affixed to data provided to requirements. share should fully reflect the total cost outside evaluators: of the cash and non-cash contributions. Impact Government Notice for Handling Proposals With respect to the non-cash This proposal shall be used and disclosed NASA certifies that this regulation contribution, a fully burdened cost for evaluation purposes only, and a copy of will not have a significant economic estimate of personnel, facilities, and this Government notice shall be applied to impact on a substantial number of small other expenses should be utilized. It is any reproduction or abstract thereof. Any business entities under the Regulatory recognized that this will be an estimate authorized restrictive notices which the Flexibility Act (5 U.S.C. 601 et seq.). in some cases, but the cost principles in submitter places on this proposal shall also This final rule does not impose any Section 9091–5 of the NASA Financial be strictly complied with. reporting or recordkeeping requirements Management Manual should be adhered * * * * * subject to the Paper Reduction Act. to. (d) * * * List of Subjects in 14 CFR Part 1274 * * * * * (2) * * * An analysis consistent with (f) The provisions set forth in 48 CFR (FAR) 15.404–1(c), 15.404–1(c), Grant programs—science and § 1274.901 are generally considered and 15.404–2 should be performed. technology. appropriate for agreements not * * * * * Tom Luedtke, exceeding 3 years and/or a Government 5. In § 1274.301, the following Associate Administrator for Procurement. cash contribution not exceeding $20M. sentence is added at the end of the Accordingly, 14 CFR Part 1274 is For cooperative agreements expected to paragraph to read as follows: amended as follows: be longer than 3 years and/or involve a § 1274.301 Delegation of administration. Government cash contribution 1. The authority citation for 14 CFR ** * NASA Form 1678 will be used Part 1274 continues to read as follows: exceeding $20M, consideration should be given to provisions which place to delegate responsibilities to the NASA Authority: 42 U.S.C 2473(c)(1). additional restrictions on the recipient Technical Officer. 2. In § 1274.105, paragraph (b)(8) is in terms of validating performance and 6. In § 1274.901, the second sentence added to read as follows: accounting for funds expended. is revised to read as follows: § 1274.105 Approval of Cooperative 4. In § 1274.204, paragraph (b)(1), the § 1274.901 Other provisions and special Agreement Notices (CANs) and cooperative third and last sentences in paragraph conditions. agreements. (b)(3), and the last sentence in ** * The provisions at §§ 1274.902 * * * * * paragraph (d)(2) are revised to read as through § 1274.909 and the provision at (b) * * * follows: § 1274.933 are to be incorporated in full text substantially as stated in this part. (8) If the term of the cooperative § 1274.204 Evaluation and selection. * * * * agreement is anticipated to exceed 3 * * * * * years and/or if the Government cash 7. Section 1274.933 is added to read contribution is expected to exceed (b) * * * (1) Competitive technical as follows: $20M, address anticipated changes, if proposal information shall be protected in accordance with 48 CFR (FAR) § 1274.933 Summary of recipient reporting any, to the provisions (see responsibilities. § 1274.202(f)). 15.207, Handling proposals and information. Unsolicited proposals shall Summary of Recipient Reporting * * * * * be protected in accordance with 48 CFR Responsibilities (DEC 1997) 3. In § 1274.202, paragraph (c)(6) is (FAR) 15.608, Prohibitions, and 48 CFR This cooperative agreement requires the amended by adding three sentences at (FAR) 15.609, Limited use of data. recipient to submit a number of reports. the end of the paragraph, and a new * * * * * These reporting requirements are paragraph (f) is added to read as follows: summarized below. In the event of a conflict (3) * * * The use of outside evaluators between this provision and other provisions § 1274.202 Solicitations and proposals. shall be approved in accordance with 48 of the cooperative agreement requiring * * * * * CFR (NFS) 1815.207–70(b). * * * A reporting, the other provisions take (c) * * * cover sheet with the following legend precedence.

[The Grants Officer may add/delete reporting requirements as appropriate.]

Report Frequency Reference

Report of Joint NASA/Recipient As required ...... 1274.911 Patent Rights (Paragraph (b)(4). Inventions. Interim Report of Reportable Every 12 months ...... 1274.912 Patent Reportable Items RightsÐRetention by Items. the Recipient (Large Business) (Paragraph (e)(3)(i)). Final Report of Reportable Items 3 months after completion ...... 1274.912 Patent RightsÐRetention by the Recipient (Large Business) (Paragraph (e)(3)(ii)). Disclosure of Subject Inventions Within 2 months after inventor discloses it to Re- 1274.912 Patent RightsÐRetention by the Recipient cipient. (Large Business) (Paragraph (c)(2)) or 1274.913 Pat- ent RightsÐRetention by the Recipient (Small Busi- ness) (Paragraph (c)(1)). Election of Title Subject Invention 1 year after disclosure of the subject invention if 1274.913 Patent RightsÐRetention by the Recipient a statutory bar exists, otherwise within 2 years. (Small Business) (Paragraph (c)(2)). Listing of Subject Inventions ...... Every 12 months from the date of the agreement 1274.913 Patent RightsÐRetention by the Recipient (Small Business) (Paragraph (f)(5)(i)). Subject Inventions Finall Report .. Prior to close-out of the agreement ...... 1274.913 Retention by the Recipient (Small Business) (Paragraph (f)(5)(ii)). 12994 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations

[The Grants Officer may add/delete reporting requirements as appropriate.]

Report Frequency Reference

Notification of Decision to forego 30 days expiration of the response period ...... 1274.913 Patent RightsÐRetention by the Recipient Patent Protection. (Small Business) (Paragraph (f)(3)). Notification of a Subcontract Promptly upon award of a subcontract ...... 1274.912 Patent RightsÐRetention by the Recipient Award. (Large Business) (Paragraph (g)(3)) or 1274.913 Pat- ent RightsÐRetention by the Recipient (Small Busi- ness) (Paragraph (g)(3)). Utilization of Subject Invention .... Annually ...... 1274.913 Patent RightsÐRetention by the Recipient (Small Business) (Paragraph (h)). Notice of Proposed Transfer of Prior to transferring technology to foreign firm or 1274.915 Restrictions on Sale or Transfer of Technology Technology. institution. to Foreing Firms or Institutions (Paragraph (b)). Performance Report ...... 60 days prior to the anniversary date of the 1274.921 Publications Reports: Non-Proprietary Re- agreement (except final year). search Results (Paragraph (d)(1)). Summary of Research ...... 90 days after completion of agreement ...... 1274.921 Publications and Reports: Non-Proprietary Re- search Results (Paragraph (d)(2)). Annual Inventory Report ...... Annually by October 31 ...... 1274.923 Equipment and Other Property (Paragraph (g)). Final Inventory Report ...... 60 days after expiration date of agreement ...... 1274.923 Equipment and Other Property (Paragraph (g)).

[FR Doc. 98–6675 Filed 3–16–98; 8:45 am] such port of entry. There are authorized to be List of Subjects in 19 CFR Part 101 BILLING CODE 7510±01±P appropriated such sums as necessary to cover the costs associated with the performance of Customs duties and inspection, customs functions using such United States Customs ports of entry, Exports, Customs Service personnel. Imports, Organization and functions DEPARTMENT OF THE TREASURY (Government agencies). This document amends § 101.3, Customs Service Customs Regulations (19 CFR 101.3) to Amendment To The Regulations [T.D. 98±24] establish a port of entry at Kodiak, Accordingly, part 101 of the Customs Alaska, in accordance with the Regulations is amended as set forth 19 CFR Part 101 Congressional direction set forth in Pub. below. L. 105–61. The port of Kodiak, Alaska, Customs Service Field Organization; will be serviced by United States PART 101ÐGENERAL PROVISIONS Designation of Kodiak, Alaska, as a Customs Service personnel from Customs Port of Entry Anchorage, Alaska. This document also 1. The general authority citation for part 101 and the specific authority AGENCY: U.S. Customs Service, amends § 101.4, Customs Regulations citation for § 101.3 continue to read as Department of the Treasury. (19 CFR 101.4) to remove the listing of follows: ACTION: Final rule. Kodiak as a Customs station with Anchorage as its supervisory port of Authority: 5 U.S.C. 301, 19 U.S.C. 2, 66, SUMMARY: This document amends the entry. 1202 (General Note 20, Harmonized Tariff Customs Regulations pertaining to the Schedule of the United States), 1623, 1624. Port Limits field organization of Customs by Sections 101.3 and 101.4 also issued designating Kodiak, Alaska, as a The port limits of the port of Kodiak, under 19 U.S.C. 1 and 58b; Customs port of entry and removing its Alaska, will be the Kodiak city limits. * * * * * designation as a Customs station. As part of the Treasury and General Regulatory Flexibility Act § 101.3 [Amended] Government Appropriations Act, 1998 Because this document relates to 2. Section 101.3(b)(1) is amended by (Pub. L. 105–61 of October 10, 1997), agency management and organization adding, in alphabetical order under the Congress directed the Secretary of the and because this amendment is directed state of Alaska, the listing ‘‘Kodiak’’ in Treasury to establish Kodiak, Alaska, as by Congress, this document is not the ‘‘Ports of entry’’ column and, a port of entry. subject to the notice and public adjacent to this entry, ‘‘T.D. 98–24’’ in EFFECTIVE DATE: April 16, 1998. procedure requirements of 5 U.S.C. 553. the ‘‘Limits of port’’ column. FOR FURTHER INFORMATION CONTACT: Accordingly, this document is not § 101.4 [Amended] Harry Denning, Office of Field subject to the provisions of the Operations, (202) 927–0196. Regulatory Flexibility Act (5 U.S.C. 601 3. Section 101.4(c) is amended by SUPPLEMENTARY INFORMATION: et seq.). removing in the list of Customs stations the entry under the State of Alaska for Background Executive Order 12866 Kodiak. Section 123 of the Treasury and This document does not meet the Samuel H. Banks, General Government Appropriations Acting Commissioner of Customs. Act, 1998 (Pub. L. 105–61 of October 10, criteria for a ‘‘significant regulatory 1997), provides: action’’ as specified in Executive Order Approved: February 26, 1998. 12866. Dennis M. O’Connell, Notwithstanding any other provision of law, the Secretary of the Treasury shall Drafting Information: The principal Acting Deputy Assistant Secretary of the establish the port of Kodiak, Alaska as a port author of this document was Janet L. Treasury. of entry and United States Customs Service Johnson. However, personnel from other [FR Doc. 98–6879 Filed 3–16–98; 8:45 am] personnel in Anchorage, Alaska shall service offices participated in its development. BILLING CODE 4820±02±P Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 12995

DEPARTMENT OF THE TREASURY enter merchandise into the United resolve discrepancies or other problems States so that they can expedite their or questions, and should enhance the Customs Service services regarding the importations. It efficiency and speed of import was expected that the proposal would transactions. 19 CFR Part 142 eliminate paperwork burdens on those Customs response—Customs agrees [T.D. 98±25] involved with import transactions by with these expectations, which are identifying the party responsible for the consistent with the purpose for the RIN 1515±AB27 importation of specific merchandise. As publication of the filer code Publication of Filer Codes the proposal set forth Customs’ information. intention no longer to consider filer Comment—The sureties and surety AGENCY: Customs Service, Treasury. codes confidential, it was expected that associations stated that they are in favor ACTION: Final rule. the proposal, if adopted, would also of the proposal as the publication of the relieve Customs of the administrative filer code information will be beneficial SUMMARY: This document amends the burden of entertaining requests of to the trade community. Customs Regulations to provide for the importers for confidential treatment of Customs response—Again, Customs availability by electronic means of the their filer codes. The notice proposed to agrees with this expectation. code assigned by Customs to identify amend § 142.3a of the Customs Comment—An importer opposed the frequent entry filers. This action is Regulations (19 CFR 142.3a) by adding proposal stating that publication of the expected to assist port authorities, a new paragraph that would allow filer code information will make sureties, carriers, customs brokers, Customs to make available proprietary business information known bonded warehouse operators, and others electronically a listing of the filer codes to competitors. The commenter further involved with import transactions in and identifying information regarding states that Customs should provide that identifying those who enter the importers, consignees, and customs importers can request confidentiality of merchandise into the United States so brokers assigned those codes, and this information. that they can expedite their services solicited comments concerning this Customs response—As stated in the regarding the importations. It is action. Notice of Proposed Rulemaking, after a anticipated that the adoption of this The comment period closed on June comprehensive review of the amendment will eliminate paperwork 23, 1997. Five comments were received, operational situation in the commercial burdens on those involved with import one from an importer and four from environment, Customs has concluded transactions by identifying who is entities involved in the importation, that filer code information is not responsible for the specific importation. movement, or insurance of imported proprietary and, therefore, not EFFECTIVE DATE: April 16, 1998. merchandise. The comments received confidential. Information that is and Customs’ responses are discussed proprietary, such as entry-specific FOR FURTHER INFORMATION CONTACT: For below. information, will continue to enjoy Operational matters: Angela Downey, confidential treatment. Because Analysis of Comments Office of Trade Compliance, Office of Customs no longer considers the Field Operations, (202) 927–1082; For Comment—The customs brokers who identity of filer code holders proprietary Legal matters: Jerry Laderberg, Entry commented and the brokers association information, Customs believes there is Procedures & Carriers Branch, Office of that commented indicated their no reason to allow importers to request Regulations and Rulings, (202) 927– approval of the proposal stating that confidentiality of this information or for 2269. identifying filers with their filer codes Customs to assume the administrative SUPPLEMENTARY INFORMATION: would facilitate and expedite the release burden of processing such requests. of goods. It was also suggested that this Background filer code information be made available Conclusion On January 13, 1993, in a document on the Customs Internet site. Having analyzed and discussed the published in the Federal Register (58 Customs response—Customs agrees five comments received and upon FR 4113), Customs announced in an that the publication of the filer code further consideration of the proposed Advanced Notice of Proposed information will facilitate the flow of action, Customs has decided to make Rulemaking (ANPRM) that it was importations and expedite the release of the filer code information available considering the amendment of the goods. Customs also agrees that it would electronically on its Internet web site Customs Regulations to provide for the be useful for the filer code information (www.customs.ustreas.gov) and on the publication of a list of filer codes and to be made available electronically. Customs Electronic Bulletin Board the identity of the individuals, Accordingly, Customs will make the ((703) 440–6155). Accordingly, that companies, licensed customs brokers, or filer code information available portion of T.D. 88–38 that provides for importers assigned the specific filer periodically on the Customs Electronic the confidential treatment of filer code codes. After analyzing comments Bulletin Board ((703) 440–6155) and its information upon the request of an received on the ANPRM, on April 22, Internet web site importer is revoked and § 142.3a of the 1997, Customs published a notice of (www.customs.ustreas.gov). Customs Regulations is amended to proposed rulemaking in the Federal Comment—Two carrier/transportation provide for the availability by electronic Register (62 FR 19534) that proposed to companies supported the proposal means of entry filer code information, amend the Customs Regulations to stating that the publication of filer code which will be updated periodically. provide for the availability by electronic information will improve notification means of the code assigned by Customs procedures regarding the arrival of in- Inapplicability of the Regulatory to identify frequent entry filers. This bond shipments. Further, it was stated Flexibility Act, and Executive Order action was proposed to assist port that publication of filer code 12866 authorities, sureties, carriers, customs information would be useful in Because this final rule document will brokers, bonded warehouse operators, coordinating the release of all confer a benefit on the public by and others involved with import shipments, would facilitate the improving access to frequently needed transactions in identifying those who notification of parties in interest to information by the trade industry 12996 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations without any action being required on its DEPARTMENT OF HEALTH AND (61 FR 4597). The proposal announced part, pursuant to provisions of the HUMAN SERVICES the agency’s intentions to implement Regulatory Flexibility Act (5 U.S.C. 601 the Tea Importation Act in the wake of et seq.) it is certified that the Food and Drug Administration the agency’s appropriation for FY 1996, amendment to the Customs Regulations which did not provide funds to operate 21 CFR Part 1220 will not have a significant economic the Board of Tea Experts. The proposal impact on a substantial number of small [Docket No. 98N±0135] has been rendered moot by the repeal of entities. Accordingly, it is not subject to the Tea Importation Act. Revocation of Regulations Under the the regulatory analysis or other Therefore, in accordance with the Tea Importation Act requirements of 5 U.S.C. 603 and 604. Federal Tea Tasters Repeal Act of 1996, Further, this document does not meet AGENCY: Food and Drug Administration, FDA is revoking ‘‘Part 1220— the criteria for a ‘‘significant regulatory HHS. Regulations Under the Tea Importation action’’ as specified in E.O. 12866. ACTION: Final rule. Act.’’ Drafting Information: The principal The agency has determined under 21 author of this document was Gregory R. SUMMARY: The Food and Drug CFR 25.30(h) that this action is of a type Vilders, Attorney, Regulations Branch. Administration (FDA) is revoking the that does not individually or regulations under the Tea Importation However, personnel from other offices cumulatively have a significant effect on Act. This action is in response to the participated in its development. the human environment. Therefore, passage of the Federal Tea Tasters neither an environmental assessment List of Subjects in 19 CFR Part 142 Repeal Act on April 9, 1996, that nor an environmental impact statement repealed the Tea Importation Act of Administrative practice and 1897. In addition, the agency is is required. procedure, Confidential business withdrawing the proposed rule that FDA is revoking part 1220 by final information, Customs duties and announced the agency’s intentions to rule without first publishing a general inspection, Imports, Reporting and implement the Tea Importation Act in notice of proposed rulemaking. A final recordkeeping requirements. the wake of the agency’s appropriation regulatory analysis under the Regulatory Amendment to the Regulations for fiscal year (FY) 1996, which did not Flexibility Act (5 U.S.C. 601–612) is, provide funds to operate the Board of therefore, not required. The agency For the reasons set forth above, part Tea Experts. The proposal has been expects the revocation of part 1220 to 142 of the Customs Regulations (19 CFR rendered moot by the repeal of the Tea reduce the burden on small entities. In part 142), is amended as set forth below: Importation Act. addition, FDA has determined that this DATES: The regulation is effective April final rule is not a significant regulatory PART 142ÐENTRY PROCESS 17, 1998. Comments by April 16, 1998. action for the purposes of Executive ADDRESSES: Submit written comments Order 12866. 1. The authority citation for part 142 to the Dockets Management Branch Because FDA is revoking regulations continues to read as follows: (HFA–305), Food and Drug that were issued under legal authority Authority: 19 U.S.C. 66, 1448, 1484, 1624. Administration, 12430 Parklawn Dr., that Congress has repealed, the agency rm. 1–23, Rockville, MD 20857. for good cause finds that notice and 2. In § 142.3a, paragraphs (c) and (d) FOR FURTHER INFORMATION CONTACT: public procedure on this rule is are redesignated as paragraphs (d) and Hilario R. Duncan, Center for Food unnecessary and, therefore, not required (e), respectively; in the first sentence of Safety and Applied Nutrition (HFS–24), under 5 U.S.C. 553. See Hadson Gas newly designated paragraph (e) the Food and Drug Administration, 200 C Systems, Inc. v. FERC, 75 F.3d 680 (D.C. reference ‘‘paragraph (c)’’ is revised to St. SW., Washington, DC 20204, 202– Cir. 1996). Under 21 CFR 10.40(e), read ‘‘paragraph (d)’’; and a new 205–8281. however, interested persons may, on or paragraph (c) is added to read as SUPPLEMENTARY INFORMATION: On April before April 16, 1998, submit to the follows: 9, 1996, President Clinton signed into Dockets Management Branch (address law the Federal Tea Tasters Repeal Act § 142.3a Entry numbers. above) written comments regarding of 1996 (Pub. L. 104–128). This act revocation of this part. Two copies of * * * * * repealed the Tea Importation Act of any comments are to be submitted, (c) Publication of Entry Filer Codes. 1897 (21 U.S.C. 41 et seq.), eliminating except that individuals may submit one Customs shall make available the Board of Tea Experts and related copy. Comments are to be identified electronically a listing of filer codes and programs that prohibited the with the docket number found in the importers, consignees, and customs importation of tea that does not meet the brackets in the heading of this brokers assigned those filer codes. The standards established by FDA for purity, document. Received comments may be listing will be updated periodically. quality, and fitness for consumption. seen in the office above between 9 a.m. The regulations implementing the Tea and 4 p.m., Monday through Friday. * * * * * Importation Act of 1897 are codified in Samuel H. Banks, part 1220 (21 CFR part 1220). List of Subjects in 21 CFR Part 1220 Acting Commissioner of Customs. In view of Congress’ repeal of the Tea Importation Act of 1897, the legal Administrative practice and Approved: February 17, 1998. procedure, Customs duties and John P. Simpson, authority under which part 1220 was issued, and the elimination of the Board inspection, Imports, Public health, Tea. Deputy Assistant Secretary of the Treasury. of Tea Experts, the agency has Therefore, under the Federal Food, [FR Doc. 98–6880 Filed 3–16–98; 8:45 am] concluded that part 1220 should be Drug, and Cosmetic Act and under BILLING CODE 4820±02±P revoked. In addition, the agency is authority delegated to the Commissioner withdrawing the proposal published in of Food and Drugs, 21 CFR part 1220 is the Federal Register of February 7, 1996 removed. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 12997

PART 1220ÐREGULATIONS UNDER restrictions on the use of CPAF for PBC Subpart 1816.1ÐSelecting Contract THE TEA IMPORTATION ACT requirements are deleted. Types 2. The requirement in 1806.302– Part 1220 [Removed] 470(b) for competition advocate 1816.104 Factors in selecting contract 1. Part 1220 is removed. approval of a memorandum justifying types. Dated: March 8, 1998. not preparing a justification for other 1816.104±70 Contract type for William K. Hubbard, than full and open competition performance-based contracting (PBC). pursuant to FAR 6.302–4, International Associate Commissioner for Policy (a) PBC is defined in FAR 37.101 and Coordination. Agreement, is deleted to reflect a discussed in FAR 37.6. Although FAR statutory change made by section 841(b) [FR Doc. 98–6777 Filed 3–16–98; 8:45 am] part 37 primarily addresses services of the Defense Authorization Act for BILLING CODE 4160±01±F contracts, PBC is not limited to these Fiscal Year 1998. contracts. PBC is the preferred way of 3. Miscellaneous editorial changes are contracting for all supplies and services made to align the NFS with FAR section NATIONAL AERONAUTICS AND at NASA. Generally, when contract titles and numbers. performance risk under a PBC SPACE ADMINISTRATION Impact specification can be fairly shifted to the contractor to allow for the operation of 48 CFR Parts 1806, 1807, 1816, 1819, NASA certifies that this regulation and 1837 objective incentives, a contract type will not have a significant economic with objectively measurable incentives Revisions to the NASA FAR impact on a substantial number of small (e.g., FFP, FPIF, or CPIF) is appropriate. Supplement on Performance-Based business entities under the Regulatory However, when contractor performance Contracting and Other Miscellaneous Flexibility Act (5 U.S.C. 601 et seq.). (e.g., cost control, schedule, or quality/ Revisions This final rule does not impose any technical) is best evaluated subjectively reporting or recordkeeping requirements using quantitative measures, a CPAF AGENCY: National Aeronautics and subject to the Paperwork Reduction Act. contract may be used. Space Administration (NASA). List of Subjects in 48 CFR Parts 1806, (b) A level-of-effort contract is not ACTION: Final rule. 1807, 1816, 1819, and 1837 PBC. SUMMARY: This is a final rule amending Government procurement. 1816.402, 1816.402±2, 1816.402±70 [Amended] the NASA FAR Supplement (NFS) to Tom Luedtke, clarify that Performance-Based Deputy Associate Administrator for 5. Sections 1816.402 and 1816.402–2 Contracting (PBC) is the preferred Procurement. and the first sentence in paragraph (a) contracting technique for the acquisition Accordingly, 48 CFR Parts 1806, 1807, to section 1816.402–70 are revised to of all supplies and services at NASA; 1816, 1819, and 1837 are amended as read as follows: provide guidance on the appropriate follows: 1816.402 Application of predetermined, contract type for PBC requirements; 1. The authority citation for 48 CFR formula-type incentives. (NASA paragraphs provide common sense guidance as to Parts 1806, 1807, 1816, 1819, and 1837 1, 2 and 3). when positive and negative incentives continues to read as follows: When considering the use of a quality, should not be used; and clarify the use Authority: 42 U.S.C. 2473(c)(1). performance, or schedule incentive, the of award fee incentives in conjunction following guidance applies. with other contract types. Other PART 1806ÐCOMPETITION (1) A positive incentive is generally miscellaneous revisions are made to REQUIREMENTS not appropriate unless— conform with recent FAR numbering (i) Performance above the target (or changes. 1806.302±470 [Amended] minimum, if there are no negative EFFECTIVE DATE: March 17, 1998. 2. In section 1806.302–470, paragraph incentives) level is of significant value (b) is removed, and paragraph (c) is FOR FURTHER INFORMATION CONTACT: to the Government; redesignated as paragraph (b). Kenneth A. Sateriale, NASA, Office of (ii) The value of the higher level of performance is worth the additional Procurement, Contract Management PART 1807ÐACQUISITION PLANNING Division (Code HK), 202) 358–0491. cost/fee; 1807.105 [Amended] (iii) The attainment of the higher level SUPPLEMENTARY INFORMATION: of performance is clearly within the 3. In the introductory text to section Background control of the contractor; and 1807.105, the following sentence is (iv) An upper limit is identified, Federal Acquisition Circular 97–1 added to the end of the paragraph to beyond which no further incentive is revised FAR 7.105 and added FAR 37.6 read as follows: earned. to address Performance-Based Service (2) A negative incentive is generally Contracting. These changes obviate the 1807.105 Contents of written acquisition plans. not appropriate unless— need for similar coverage in the NFS, (i) A target level of performance can *** The requirements in FAR although coverage is added to clarify be established, which the contractor can 7.105 regarding performance-based that NASA policy on use of PBC is not reasonably be expected to reach with a contracting methods shall not be limited limited to service contracts. In addition, diligent effort, but a lower level of to acquisition plans for service the following changes are made: performance is also minimally contracts. 1. New guidance is added regarding acceptable; the use of incentives in performance- PART 1816ÐTYPES OF CONTRACTS (ii) The value of the negative based contracts. Included in this incentive is commensurate with the guidance is the addition of new sections Subpart 1816.1Ð[Added] lower level of performance and any discussing the use of a CPAF contract additional administrative costs; and type for PBC requirements and the use 4. Subpart 1816.1 is added to read as (iii) Factors likely to prevent of performance incentives. Previous follows: attainment of the target level of 12998 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations performance are clearly within the type, the award fee’s cost control factor Program Analyst, Research and Special control of the contractor. will only apply to a subjective Programs Administration, Office of (3) When a negative incentive is used, assessment of the contractor’s efforts to Pipeline Safety, Room 2335, 400 the contract must indicate a level below control costs and not the actual cost Seventh Street, SW, Washington, DC which performance is not acceptable. outcome incentivized under the basic 20590. Telephone: (202)366–6199, Fax: contract type (e.g. CPIF, FPIF). (202)366–4566, e-mail: 1816.402±2 Performance incentives. * * * * * [email protected]. 1816.402±270 NASA technical SUPPLEMENTARY INFORMATION: performance incentives. PART 1819ÐSMALL BUSINESS Background (a) A performance incentive shall be PROGRAMS included in all contracts based on In accordance with 49 U.S.C. 60601 of performance-oriented documents (see Subpart 1819.6Ð[Amended] the pipeline safety law, RSPA FAR 11.101(a)) where the primary administers drug testing regulations for deliverable(s) is (are) hardware and 8. Section heading ‘‘Subpart 1819.6— pipeline operators. where total value (including options) is Certificates of Competency’’ is revised On August 20, 1997, RSPA published greater than $25 million unless it is to read ‘‘Subpart 1819.6—Certificates of in the Federal Register (62 FR 44250, determined that the nature of the Competency and Determinations of Docket No. PS–128, Amendment 15) a acquisition (for example, commercial Responsibility’’. notice of proposed rulemaking to modify current procedures in its drug off-the-shelf computers) would not PART 1837ÐSERVICE CONTRACTING effectively lend itself to a performance testing regulations governing situations incentive. * * * 1837.102, 1837.102±70 [Removed] in which pipeline employees test positive on a drug test. Because similar 9. Sections 1837.102 and 1837.102–70 1816.405±270 [Amended] requirements are found in the drug are removed. 6. Section 1816.405–270 is revised to testing regulations of the other modal read as follows: [FR Doc. 98–6674 Filed 3–16–98; 8:45 am] administrations, and in RSPA’s alcohol BILLING CODE 7510±01±P testing regulations, RSPA proposed to 1816.405±270 CPAF contracts. make the procedures and policy in those (a) Use of an award fee incentive shall regulations applicable to pipeline be approved in writing by the DEPARTMENT OF TRANSPORTATION operators under the drug testing procurement officer. The procurement regulations. RSPA proposed to require officer’s approval shall include a Research and Special Programs pipeline operators to utilize a substance discussion of the other types of Administration abuse professional (SAP) to evaluate contracts considered and shall indicate pipeline employees who have either why an award fee incentive is the 49 CFR Part 199 received a positive drug test or have appropriate choice. Award fee [RSPA Docket PS±128; Amendment 199±15] refused a drug test required by RSPA. In incentives should not be used on addition, the SAP could require an contracts with a total estimated cost and RIN 2137±AC84 employee to complete a rehabilitation fee less than $2 million per year. The program before being eligible to return procurement officer may authorize use Drug and Alcohol Testing; Substance to duty, if needed. RSPA also proposed of award fee for lower-valued Abuse Professional Evaluation for to revise the word ‘‘employee’’ to acquisitions, but should do so only in Drug Use ‘‘covered employee’’ and to add the exceptional situations, such as contract definition for ‘‘covered function.’’ requirements having direct health or AGENCY: Research and Special Programs Administration, DOT. Comments to the notice of proposed safety impacts, where the judgmental rulemaking were due on or before ACTION: Final rule. assessment of the quality of contractor October 20, 1997. performance is critical. (b) Except as provided in paragraph SUMMARY: In this final rule, the Research Comments Received (c) of this section, an award fee and Special Programs Administration (RSPA) modifies current procedures in RSPA received 10 comments: 6 from incentive may be used in conjunction pipeline operators, 1 from a trade with other contract types for aspects of its drug testing regulations by requiring a face-to-face evaluation by substance association and 3 from consortia. The performance that cannot be objectively comments fell within the following assessed. In such cases, the cost abuse professionals (SAP) for pipeline employees who have either received a general categories: (1) Review of Drug incentive is based on objective formulas Testing Results; (2) Drug Test inherent in the other contract types (e.g., positive drug test or have refused a drug test required by RSPA. In addition, the Required—Return to Duty Testing; (3) FPI, CPIF), and the award fee provision SAP Determines Follow-up Testing; (4) should not separately incentivize cost SAP could require a pipeline employee to complete a rehabilitation program Qualification for a SAP; and (5) Other performance. Comments. The comments are (c) Award fee incentives shall not be before being eligible to return to duty. addressed based on those categories. used with a cost-plus-fixed-fee (CPFF) Similar requirements are included in contract. the drug testing regulations of the other 1. Review of Drug Testing Results modal administrations. Adding these 1816.405±274 [Amended] The notice of proposed rulemaking requirements will ensure conformity proposed that if the Medical Review 7. In section 1816.405–274, paragraph among the modal administrations which (e) is revised to read as follows: Officer (MRO) determines, after will assist with the overall management appropriate review, that there is no 1816.405±274 Award fee evaluation of RSPA’s drug testing regulations. legitimate medical explanation for the factors. DATES: This rule is effective April 16, confirmed positive test result, other * * * * * 1998. than the unauthorized use of prohibited (e) When an AF arrangement is used FOR FURTHER INFORMATION CONTACT: drug(s), the MRO shall verify the test in conjunction with another contract Catrina M. Pavlik, Drug/Alcohol result as positive. If unauthorized use is Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 12999 found, the MRO shall require that the the existing employer/employee met on November 18, 1997, to consider covered employee who engages in relationship and will not require that the items discussed in the August 20, conduct prohibited under Section 199.9, the employer provide rehabilitation to 1997, Notice of Proposed Rulemaking, be evaluated face-to-face by a substance an employee. RSPA is also clarifying in Docket No. PS–128. (The THLPSSC abuse professional who shall determine that the SAP evaluation must be and TPSSC were established by statute what assistance, if any, the covered conducted on a face-to-face basis, and to evaluate the technical feasibility, employee needs in resolving problems has changed the language to use reasonableness, and practicability of associated with illegal drug use. ‘‘positive or negative.’’ proposed regulations.) The consensus of All ten commenters supported this One comment suggested that the the THLPSSC and TPSSC was to portion of the notice of proposed follow-up testing requirements be support the Notice of Proposed rulemaking. They stated that they were separated from the return-to-duty Rulemaking. already performing this function for requirements. RSPA has modified employees that are covered by another Section 199.11 to add Follow-Up Regulatory Analyses and Notices operating administration. They also said Testing under a new subsection (f). that conformity among the modes would Executive Order 12866 and DOT make administering this program much 3. SAP Determines Follow-up Testing Regulatory Policies and Procedures easier. RSPA received 2 comments This final rule requires that pipeline RSPA received 2 comments on the requesting clarification of the language employees who either test positive for continued employment of a covered on the role of the MRO in relation to the prohibited drugs or refuse to be tested employee after a positive drug test result SAP when determining the follow-up must be evaluated by a substance abuse or a refusal to test. In addressing the testing schedule. After further professional (SAP) who could require concerns of these commenters, RSPA consideration, RSPA has agreed to that an employee undergo rehabilitation has decided to change the language so remove the consultation requirement prior to the employee’s return to duty in that the MRO, not only must refer the between the MRO and the SAP when a covered function. The reason for this covered employee to a SAP, but must determining the follow-up testing rule change is to conform RSPA’s drug also refer him/her to the personnel or schedule. The role of determining the testing program to its alcohol testing administrative officer for the pipeline follow-up testing schedule will be the program as well as the drug and alcohol operator. This will enable the operator sole function of the SAP. to follow through with internal testing programs of all other DOT proceedings that are in accordance with 4. Qualifications for a SAP modes. the operator’s anti-drug plan. RSPA received 1 comment requesting RSPA concluded that because all specific language on an MRO’s ability to 2. Drug Test Required—Return To Duty pipeline companies already employ serve as a SAP. This change is not Testing SAPs for their alcohol testing programs necessary because the definition of a it is likely the same professional will be The notice proposed language in SAP, found in 49 CFR Part 40, does not used to perform this same function on Section 199.11(e) which stated that a prohibit an MRO from becoming a SAP. the drug testing program. Furthermore, covered employee who refuses to take or 5. Other Comments this final rule requires that employees does not pass a drug test may not return who test positive could be required to to duty in the covered function until the RSPA received 2 comments from undergo rehabilitation before their covered employee has been evaluated pipeline operators requesting changes in return to duty. RSPA, however, does not by a SAP, and has properly followed parts of the regulations that were not require that the employer pay for this any prescribed rehabilitation program. covered by the notice of proposed treatment. Many employees may also be We received 3 comments to review rulemaking, such as, substituting a 72 terminated or placed in non-covered and clarify the language in this section. hour time period for the 60 day time functions rather than be given the The first commenter was concerned that period requirement, eliminating the opportunity for treatment. Therefore, the proposed language creates the RSPA option for the pipeline operator to the cost of the treatment is not the inference that a covered employee who require payment in advance for a retest, refuses to take a drug test or who does and eliminating the RSPA requirement financial responsibility of the employer. not pass a drug test has a right to return for an MRO to declare a specimen Another factor that was taken into to work upon evaluation by a SAP. negative that has been determined to be account is that the most recent drug Specifically, the concern was that the scientifically insufficient. testing results show that only 0.7% of wording may have the unintended effect RSPA received 1 comment requesting the employees tested positive for drugs. of altering the employer/employee clarification on whether a positive pre- Therefore, the number of employees relationship and requiring an employer employment test result necessitates who would need to be evaluated by a to provide a rehabilitation opportunity return-to-duty and follow-up testing. SAP is minimal. Given the fact that to an employee, with that employee RSPA currently addresses this in pipeline companies already employ or thereafter having a right to return to Section 199.11(a). It states that no presently contract with SAPs, they are work for the employer. The second operator may hire or contract any not required to pay for or offer commenter wanted RSPA to clarify that person unless that person passes a drug rehabilitation for employees who test the evaluation conducted by the SAP test or is covered by an anti-drug positive, and that a minimal number of would be done on a face-to-face basis. program that conforms to the employees would require evaluation, The third commenter requested requirements of the drug testing RSPA believes that this rule will have clarification of the ‘‘pass or fail’’ regulations. little to no economic impact on any language. pipeline company. RSPA finds that this RSPA agrees with the three comments Advisory Committee Review rule is not significant under Section 3(f) and is revising the phrasing of the The Technical Hazardous Liquid of Executive Order 12866 and also not language in Section 199.11(e) along with Pipeline Safety Standards Committee significant under the Regulatory Policies the previously mentioned change in (THLPSSC) and the Technical Pipeline and Procedures of the Department of Section 199.15(d)(2). This will not alter Safety Standards Committee (TPSSC) Transportation. 13000 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations

Executive Order 12612 person may be employed by the employee needs in resolving problems This final rule would not have operator, be a contractor engaged by the associated with drug misuse. substantial direct effect on states, on the operator, or be employed by such a * * * * * relationship between the Federal contractor. (e) Evaluation and rehabilitation may Government and the states, or on the Covered function means an be provided by the operator, by a distribution of power and operations, maintenance, or emergency- substance abuse professional under responsibilities among the various response function conducted on the contract with the operator, or by a levels of Government. Therefore, in pipeline or LNG facility that is regulated substance abuse professional not accordance with Executive Order 12612 by part 192, 193, or 195. affiliated with the operator. The choice (52 FR 41685; October 30, 1987), RSPA * * * * * of substance abuse professional and has determined that this final rule 3. Section 199.11 is amended by assignment of costs shall be made in would not have sufficient federalism revising paragraph (e) and adding accordance with the operator/employee implications to warrant preparation of a paragraph (f) to read as follows: agreements and operator/employee federalism assessment. § 199.11 Drug tests required. policies. (f) The operator shall ensure that a Regulatory Flexibility Act * * * * * substance abuse professional, who Because this final rule will impose (e) Return to duty testing. A covered determines that a covered employee little to no additional cost on pipeline employee who refuses to take or has a requires assistance in resolving operators (see discussion on the positive drug test may not return to duty problems with drug abuse, does not regulatory evaluation), RSPA certifies in the covered function until the refer the covered employee to the under section 605 of the Regulatory covered employee has had a face-to-face substance abuse professional’s private Flexibility Act (5 U.S.C.) that this rule evaluation conducted by a substance practice or to a person or organization will not have a significant economic abuse professional, and has properly from which the substance abuse impact on a substantial number of small followed any prescribed assistance. professional receives remuneration or in (f) Follow-up testing. A covered entities. which the substance abuse professional employee who refuses to take or has a has a financial interest. This paragraph Paperwork Reduction Act positive drug test shall be subject to does not prohibit a substance abuse unannounced follow-up drug tests There are no new information professional from referring a covered administered by the operator following collection requirements in this rule. employee for assistance provided the covered employee’s return to duty. through: Unfunded Mandates Reform Act of 1995 The number and frequency of such (1) A public agency, such as a State, follow-up testing shall be determined by This final rule does not impose county, or municipality; a substance abuse professional, but shall unfunded mandates under the (2) The operator or a person under consist of at least six tests in the first 12 Unfunded Mandates Reform Act of contract to provide treatment for drug months following the covered 1995. It does not result in costs of $100 problems on behalf of the operator; employee’s return to duty. In addition, million or more to either State, local, or (3) The sole source of therapeutically follow-up testing may include testing tribal governments, in the aggregate, or appropriate treatment under the for alcohol as directed by the substance to the private sector, and is the least employee’s health insurance program; abuse professional, to be performed in burdensome alternative that achieves or accordance with 49 CFR part 40. the objective of the rule. (4) The sole source of therapeutically Follow-up testing shall not exceed 60 List of Subjects in 49 CFR Part 199 appropriate treatment reasonably months from the date of the covered accessible to the employee. Drug testing, Pipeline safety. employee’s return to duty. The In consideration of the foregoing substance abuse professional may Issued in Washington, DC, on March 11, RSPA amends, 49 CFR part 199 as terminate the requirement for follow-up 1998. follows: testing at any time after the first six tests Kelley S. Coyner, have been administered, if the substance Acting Administrator. PART 199Ð[AMENDED] abuse professional determines that such [FR Doc. 98–6859 Filed 3–16–98; 8:45 am] 1. The authority citation for part 199 testing is no longer necessary. BILLING CODE 4910±60±P continues to read as follows: 4. Section 199.15 is amended by revising paragraph (d)(2) and adding Authority: 49 App. U.S.C. 60101 et seq.; 49 new paragraphs (e) and (f) to read as CFR 1.53. DEPARTMENT OF COMMERCE follows: 2. Section 199.3 is amended by § 199.15 Review of drug testing results. National Oceanic and Atmospheric removing the definition of Employee Administration and adding new definitions of Covered * * * * * employee and Covered function to read (d) * * * 50 CFR Part 300 as follows: (2) If the MRO determines, after appropriate review, that there is no [Docket No. 980225048±8059±02; I.D. § 199.3 Definitions. legitimate medical explanation for the 030698A] * * * * * confirmed positive test result other than RIN 0648±AK58 Covered employee means a person the unauthorized use of a prohibited who performs, on a pipeline or LNG drug, the MRO shall refer: Pacific Halibut Fisheries; Catch facility, an operations, maintenance, or (i) The individual tested to a Sharing Plans emergency-response function regulated personnel or administrative office for by part 192, 193, or 195 of this chapter. further proceedings in accordance with AGENCY: National Marine Fisheries This does not include clerical, truck the operator’s anti-drug plan; and Service (NMFS), National Oceanic and driving, accounting, or other functions (ii) For evaluation by a SAP who shall Atmospheric Administration (NOAA), not subject to part 192, 193, or 195. The determine what assistance, if any, the Commerce. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 13001

ACTION: Final rule; annual management vessels 26 ft (7.9 meter (m)) and longer; is confined to southern Washington measures for Pacific halibut fisheries and (south of 46°53′18′′ N. lat.), Oregon and and approval of catch sharing plans. 4. Establishment of opening dates for California. The Plan also divides the the Area 2 commercial directed halibut sport fisheries into seven geographic SUMMARY: The Assistant Administrator fishery. areas, each with separate allocations, for Fisheries, NOAA (AA), on behalf of In addition, this action implements seasons, and bag limits. the International Pacific Halibut Catch Sharing Plans (Plans) for For 1998, PFMC recommended Commission (IPHC), publishes annual regulatory Areas 2A and 4C, 4D, and 4E. changes to the CSP to modify the Pacific management measures promulgated as These Plans were developed halibut sport fisheries in Area 2A in regulations by the IPHC and approved respectively by the Pacific Fishery 1998 and beyond, pursuant to by the Secretary of State governing the Management Council (PFMC) and the recommendations from the Washington Pacific halibut fishery. The AA also North Pacific Fishery Management Department of Fish and Wildlife announces the approval of Council (NPFMC) under authority of the (WDFW) and the Oregon Department of modifications to the Catch Sharing Plan Halibut Act. Section 5 of the Halibut Act Fish and Wildlife (ODFW). The purpose for Area 2A and publishes the (16 U.S.C. 773c) provides that the of the changes was to increase sport implementing regulations for 1998. Secretary of Commerce (Secretary) shall fishing opportunity for halibut at higher These actions are intended to enhance have general responsibility to carry out TAC levels, allow sport fishery users to the conservation of the Pacific halibut the Convention between the United better utilize their allocation, and stock in order to help rebuild and States and Canada, and that the provide an opportunity for sablefish sustain it at an adequate level in the Secretary shall adopt such regulations longline fishermen to retain incidentally northern Pacific Ocean and Bering Sea. as may be necessary to carry out the caught halibut when the halibut TAC is DATES: This final rule is effective March purposes and objectives of the high. For the Washington sport Convention and the Halibut Act. The 15, 1998. fisheries, the PFMC recommended Secretary’s authority has been delegated ADDRESSES: NMFS Alaska Region, 709 changing the CSP such that when the to the AA. Section 5 of the Halibut Act West 9th St., P.O. Box 21668, Juneau, 2A TAC is above 550,000 lb (249.5 mt), (16 U.S.C. 773c(c)) also authorizes the AK 99802–1668; or NMFS Northwest the sharing of the Washington sport Regional Fishery Management Council Region, 7600 Sand Point Way NE, allocation among the four subareas having authority for the geographic area Seattle, WA 98115–0070. would change to 32 percent each to the concerned to develop regulations FOR FURTHER INFORMATION CONTACT WA Inside Waters, WA North Coast and : Joe governing the Pacific halibut catch in WA South Coast subareas, and 4 percent Scordino, 206–526–6143 or Jay Ginter, U.S. Convention waters that are in to the Columbia River subarea. Further, 907–586–7228. addition to, but not in conflict with, SUPPLEMENTARY INFORMATION: The IPHC regulations of the IPHC. Pursuant to this at TACs in excess of 900,000 lb (408.2 has promulgated regulations governing authority, NMFS requested the PFMC mt), the Council recommended applying the Pacific halibut fishery in 1998, and NPFMC to allocate halibut catches the Washington sport share of the TAC under the Convention between the should such allocation be necessary. above 214,110 lb (97.1 mt), provided a United States and Canada for the minimum of 10,000 lb (4.5 mt) is Preservation of the Halibut Fishery of Catch Sharing Plan (CSP) for Area 2A available (i.e., the Washington sport the North Pacific Ocean and Bering Sea The PFMC has prepared annual Plans allocation is 224,110 lb (101.7 mt) or (Convention), signed at Ottawa, Ontario, since 1988 to allocate the halibut catch greater) to incidental catches in the non- on March 2, 1953, as amended by a limit for Area 2A among treaty Indian, Indian commercial fishery for sablefish Protocol Amending the Convention non-Indian commercial, and non-Indian north of Point Chehalis, WA. For the (signed at Washington, DC, on March sport fisheries in and off Washington, Oregon sport fisheries, the Council 29, 1979). The IPHC regulations have Oregon, and California. In 1995, NMFS recommended frameworking the been approved by the Secretary of State implemented a Council-recommended, opening dates and providing a fixed of the United States under section 4 of long-term Plan (60 FR 14651, March 20, season for the Oregon South Coast area. the Northern Pacific Halibut Act 1995), which was revised in 1996 (61 FR A complete description of the PFMC (Halibut Act, 16 U.S.C. 773–773k). 11337, March 20, 1996) and 1997 (62 FR recommended changes to the CSP, Pursuant to regulations at 50 CFR 12759, March 18, 1997). The Plan notice of a draft Environmental 300.62, the approved IPHC regulations allocates 35 percent of the Area 2A total Assessment and Regulatory Impact setting forth the 1998 IPHC annual allowable catch (TAC) to Washington Review (EA/RIR), and proposed sport management measures are published in treaty Indian tribes in Subarea 2A–1 and fishery management measures were the Federal Register to provide notice of 65 percent to non-Indian fisheries in published in the Federal Register on their effectiveness and to inform Area 2A. The allocation to non-Indian January 26, 1998 (63 FR 3693), with a persons subject to the regulations of the fisheries is divided into three shares, request for public comments. No public restrictions and requirements. with the Washington sport fishery comments were received on the The IPHC held its annual meeting on (north of the Columbia River) receiving proposed changes to the CSP, except for January 26–29, 1998, in Anchorage, 36.6 percent, the Oregon/California a statement of support for the changes Alaska, and adopted regulations for sport fishery receiving 31.7 percent, and by the Washington Department of Fish 1998. The substantive changes to the the commercial fishery receiving 31.7 and Wildlife. Also, no comments were previous IPHC regulations (62 FR 12759, percent. The commercial fishery is received on the EA/RIR. Therefore, March 18, 1997) include: further divided into two sectors: A NMFS has approved the changes to the 1. New catch limits for all areas; directed (traditional longline) CSP as proposed, made a finding of no 2. Elimination of the IPHC license commercial fishery that is allocated 85 significant impact on the environment, requirements for halibut charter vessels percent of the non-Indian commercial and finalized the EA/RIR. Copies of the operating in waters off the coasts of harvest, and a salmon troll fishery that complete CSP for Area 2A as modified Alaska and British Columbia; is allocated 15 percent for harvests of and the final EA/RIR are available from 3. Revision of logkeeping incidental catches of halibut. The the NMFS Northwest Regional Office requirements for commercial halibut directed commercial fishery in Area 2A (see ADDRESSES). 13002 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations

In accordance with the CSP, the harvest per day has consistently determine whether sufficient quota WDFW and the ODFW held public exceeded the rate from the previous remains to recommend a second day of workshops (after the IPHC set the Area year. One public comment submitted to fishing on August 8. 2A quota) on February 2 and 9, 1998, NMFS recommended a 7-day season. Response: The August fishery is respectively, to develop Response: NMFS has implemented a scheduled for only 1 day on August 7 recommendations on the opening dates 6-day fixed season in May for these two to ensure that the quota is not exceeded. and weekly structure of the sport subareas. The CSP stipulates that the Inseason action may be taken to allow fisheries. The WDFW and ODFW sent number of fixed season days established for an additional all-depth fishing day letters to NMFS on February 6 and 17, will be based on the projected catch per in accordance with the CSP if sufficient 1998, respectively, advising on the day with the intent of not exceeding the quota remains. If the remaining outcome of the workshop and provided subarea season subquotas. Based on the unharvested quota is insufficient for 1 the following comments and increasing annual trend in harvest in day of all depth fishing, the CSP recommendations on the opening dates these sport fisheries, a 7-day season may stipulates that the fishery will reopen in and season structure for the sport result in a catch that exceeds the the area inside 30 fathoms and continue fisheries. In addition, NMFS received subquota, and would not be consistent until the quota is taken or September 30, one public comment on the proposed with the CSP. whichever is earlier. sport seasons included in the following Comment: ODFW and the public in Accordingly, NMFS has implemented comment and response section. attendance at the ODFW workshop sport fishing management measures in Comment: WDFW recommended a recommended no additional open days Area 2A based on recommendations May 22 to August 3 season, 5 days per in May-June if unharvested quota from the states in accordance with the week (closed Tuesday and Wednesday) remains after the fixed opening days in CSP. the Oregon Central Coast subarea. for the Washington Inside Waters area Catch Sharing Plan for Areas 4C, 4D, Instead, it was recommended that any sport fishery. The recommended and 4E number of fishing days is based on unused quota be used in the August analysis of past harvest patterns in this fishery, which is a Friday-Saturday The NPFMC developed a Plan in 1996 fishery. fishery. One public comment submitted for allocating the Area 4 catch limit Response: NMFS agrees with the to NMFS recommended additional established by the IPHC among subareas calculated number of fishing days fishing on Thursdays in June. 4A, 4B, 4C, 4D, and 4E. This Plan was necessary to achieve, but not exceed, the Response: The CSP stipulates that ‘‘If approved by NMFS and first subquota for this area. The sufficient catch remains for an implemented in 1996 (61 FR 11337, recommended season has been additional day of fishing after the May March 20, 1996). In 1997, the NPFMC incorporated in the 1998 sport fishery season or the August season, openings recommended changing the Plan. NMFS measures. will be provided if possible in May and published a proposed rule in the Comment: WDFW recommended that August respectively. Potential Federal Register (63 FR 1812, January the Washington North Coast area sport additional open dates for both the May 12, 1998) to implement the NPFMC fishery be structured such that 15,000 lb and August seasons will be announced action to revise the CSP. Public (6.8 mt) of the subarea quota be reserved preseason.’’ Further, the CSP stipulates comment on the proposed rule was to provide for the second priority in the that ‘‘ODFW will monitor landings and invited for a 30-day period that ended CSP—a July 1 season. The WDFW provide a post-season estimate of catch on February 11, 1998. No comments recommendation is for the sport fishery within 2 weeks of the end of the fixed were received. This final rule contains to open on May 1 and to continue to season.’’ Since a 6-day May season no changes from the proposed rule. June 30, or until 81,052 lb (36.7 mt) of would extend to late May (May 23), Amendment of the Plan as proposed the 96,052 lb (43.6 mt) quota are additional opening dates in May cannot was approved by NMFS and harvested. The fishery would reopen on be set that would provide the necessary implemented by this action. July 1 and continue 5 days/week (closed 2-week timeframe for ODFW to estimate The revised CSP removed Areas 4A Sunday and Monday) until the quota the catch during the fixed season. and 4B from the CSP, so that catch has been taken or until September 30. Therefore, NMFS agrees with the limits for those areas and a combined Response: NMFS agrees and has recommendation to transfer any unused Area 4C–4E may be set according to the incorporated these recommendations quota to the August fishery. IPHC’s biomass-based methodology. into the 1998 sport fishery measures. Comment: ODFW and the public in Further, the revised CSP provides for Comment: WDFW recommended that attendance at the ODFW workshop apportioning the combined Area 4C–4E the seasonal structure set forth in the recommended 4 additional opening catch limit among Areas 4C, 4D, and 4E CSP be implemented for the sport days after the May fixed season on June as separate catch limits. The revised fisheries in the Washington South Coast 12, 13, 19, and 20, with a Saturday CSP constitutes a framework to be and the Columbia River subareas. preference, for the Oregon South Coast applied to the combined annual catch Response: NMFS has structured the subarea. limit established by the IPHC for Areas seasons for these subareas in accordance Response: NMFS has incorporated 4C, 4D, and 4E. The purpose of the with the CSP. these dates in the sport fishery revised CSP is to provide for the Comment: ODFW recommended a 6- management measures. apportionment of catch limits to Areas day season for the May opening in the Comment: ODFW recommended a 1- 4C, 4D, and 4E apart from Areas 4A and Oregon Central Coast and South Coast day fixed season for the August fishery 4B. This is necessary to carry out the subareas based on an analysis of past on August 7 based on an analysis of past objectives of the Individual Fishing harvest rates which indicated an harvest rates. Sport users at the ODFW Quota and Western Alaska Community increasing annual trend in the sport workshop recommended a 2-day season Development Quota programs, which fishery. Sport users at the ODFW on August 7 and 8. ODFW did not allocate halibut among U.S. fishermen. workshop recommended a 7-day season recommend a 2-day season because the The IPHC, consistent with its authority based on the 1997 rates of harvest. projected catch would exceed the quota and responsibilities, will implement the ODFW did not recommend using the with 2 full days of fishing. ODFW will measures specified in this CSP 1997 harvest per day because the annual make a projection in mid-July to beginning in 1998. This revised CSP Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 13003 will continue in effect until amended by (j) Maritime area, in respect of the fisheries season in Area 2A must have its the NPFMC or superseded by action of jurisdiction of a Contracting Party, includes ‘‘Application for Vessel License for the the IPHC. The 1998 catch limits without distinction areas within and seaward Halibut Fishery’’ form postmarked no later of the territorial sea or internal waters of that than 11:59 P.M. on March 31, or the first established by the IPHC for the Areas Party; weekday in April if March 31 is a Saturday 4C, 4D, and 4E and published at section (k) Operator, with respect to any vessel, or Sunday. 11 of the following regulations are means the owner and/or the master or other (8) Application forms may be obtained consistent with the Plan. individual on board and in charge of that from any authorized officer or from the In addition to revision of the CSP, the vessel; Commission. proposed rule published January 12, (l) Overall length of a vessel means the (9) Information on ‘‘Application for Vessel 1998 (63 FR 1812), proposed a horizontal distance, rounded to the nearest License for the Halibut Fishery’’ form must foot, between the foremost part of the stem be accurate. regulatory change at 50 CFR 300.63(b). and the aftermost part of the stern (excluding (10) The ‘‘Application for Vessel License This change is necessary for consistency bowsprits, rudders, outboard motor brackets, for the Halibut Fishery’’ form shall be with the revised CSP implemented by and similar fittings or attachments); completed and signed by the vessel owner. this action. The 30-day public comment (m) Person includes an individual, (11) Licenses issued under this section period on the proposed rule change corporation, firm, or association; shall be valid only during the year in which ended on February 11, 1998, and no (n) Regulatory area means an area referred they are issued. comments were received. Therefore, to in section 6; (12) A new license is required for a vessel (o) Setline gear means one or more that is sold, transferred, renamed, or re- NMFS is incorporating into this action stationary, buoyed, and anchored lines with documented. the final rule implementing the change hooks attached; (13) The license required under this to 50 CFR 300.63(b) with no change (p) Sport fishing means all fishing other section is in addition to any license, however from the proposed rule. than commercial fishing and treaty Indian designated, that is required under the laws of The 1998 Pacific halibut fishery ceremonial and subsistence fishing; the United States or any of its States. regulations that follow are identical to (q) Tender means any vessel that buys or (14) The United States may suspend, obtains fish directly from a catching vessel those recommended by the IPHC and revoke, or modify any license issued under and transports it to a port of landing or fish this section under policies and procedures in approved by the Secretary of State and processor; Title 15, Code of Federal regulations, part include the domestic regulations (2) In these Regulations, all bearings are 904. approved by NMFS that are necessary to true and all positions are determined by the implement the CSP in Area 2A. most recent charts issued by the National 4. Inseason Actions Ocean Service or the Canadian Hydrographic (1) The Commission is authorized to 1998 Pacific Halibut Fishery Regulations Service. establish or modify regulations during the 1. Short Title (3) In these Regulations all weights shall be season after determining that such action: computed on the basis that the heads of the (a) Will not result in exceeding the catch These regulations may be cited as the fish are off and their entrails removed. limit established preseason for each Pacific Halibut Fishery Regulations. regulatory area; 3. Licensing Vessels 2. Interpretation (b) Is consistent with the Convention (1) No person shall fish for halibut from a between the United States of America and (1) In these Regulations, vessel, nor possess halibut on board a vessel, Canada for the Preservation of the Halibut (a) Authorized officer means any State, used either for commercial fishing or as a Fishery of the Northern Pacific Ocean and Federal, or Provincial officer authorized to charter vessel in Area 2A unless the Bering Sea, and applicable domestic law of enforce these regulations including, but not Commission has issued a license valid for either Canada or the United States; and limited to, the National Marine Fisheries fishing in Area 2A in respect of that vessel. (c) Is consistent, to the maximum extent Service (NMFS), Canada’s Department of (2) A license issued for a vessel operating practicable, with any domestic catch sharing Fisheries and Oceans (DFO), Alaska Division in Area 2A shall be valid only for operating plans developed by the United States or of Fish and Wildlife Protection (ADFWP), either as a charter vessel or a commercial Canadian governments. and the United States Coast Guard (USCG); vessel, but not both. (2) Inseason actions may include, but are (b) Charter vessel means a vessel used for (3) A license issued for a vessel operating not limited to, establishment or modification hire in sport fishing for halibut, but not in the commercial fishery in Area 2A shall of the following: including a vessel without a hired operator; be valid only for either the directed (a) Closed areas; (c) Commercial fishing means fishing the commercial fishery during the fishing (b) Fishing periods; resulting catch of which either is or is periods specified in paragraph (2) of section (c) Fishing period limits; intended to be sold or bartered; 8 or the incidental catch fishery during the (d) Gear restrictions; (d) Commission means the International salmon troll fishery specified in paragraph (e) Sport bag limits; Pacific Halibut Commission; (3) of section 8, but not both. (f) Size limits; or (e) Daily bag limit means the maximum (4) A license issued in respect of a vessel (g) Vessel clearances. number of halibut a person may take in any referred to in paragraph (1) must be carried (3) Inseason changes will be effective at the calendar day from Convention waters; on board that vessel at all times and the time and date specified by the Commission. (f) Fishing means the taking, harvesting, or vessel operator shall permit its inspection by (4) The Commission will announce catching of fish, or any activity that can any authorized officer. inseason actions under this section by reasonably be expected to result in the (5) The Commission shall issue a license in providing notice to major halibut processors; taking, harvesting, or catching of fish, respect of a vessel, without fee from its office Federal, State, United States treaty Indian, including specifically the deployment of any in Seattle, Washington, upon receipt of a and Provincial fishery officials; and the amount or component part of setline gear completed, written, and signed ‘‘Application media. anywhere in the maritime area; for Vessel License for the Halibut Fishery’’ (g) Fishing period limit means the form. 5. Application maximum amount of halibut that may be (6) A vessel operating in the directed (1) These Regulations apply to persons and retained and landed by a vessel during one commercial fishery in Area 2A must have its vessels fishing for halibut in, or possessing fishing period; ‘‘Application for Vessel License for the halibut taken from, waters off the west coast (h) Land, with respect to halibut, means Halibut Fishery’’ form postmarked no later of Canada and the United States, including the offloading of halibut from the catching than 11:59 P.M. on April 30, or on the first the southern as well as the western coasts of vessel; weekday in May if April 30 is a Saturday or Alaska, within the respective maritime areas (i) License means a halibut fishing license Sunday. in which each of those countries exercises issued by the Commission pursuant to (7) A vessel operating in the incidental exclusive fisheries jurisdiction as of March section 3; commercial fishery during the salmon troll 29, 1979. 13004 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations

(2) Sections 6 to 21 apply to commercial 1800 hours local time on July 22, August 19, closed to halibut fishing and no person shall fishing for halibut. August 26, September 9, and September 23, fish for halibut therein or have halibut in his/ (3) Section 7 applies to the Western Alaska unless the Commission specifies otherwise. her possession while in those waters except Community Development Quota (CDQ) (3) Notwithstanding paragraph (2), and in the course of a continuous transit across fishery in Area 4E. paragraph (7) of section 11, an incidental those waters. All waters in Isanotski Strait (4) Section 22 applies to the United States catch fishery is authorized during salmon between 55°00′00′′ N. lat. and 54°49′00′′ N. treaty Indian tribal fishery in Area 2A–1. troll seasons in Area 2A. Vessels lat. are closed to commercial halibut fishing. (5) Section 23 applies to sport fishing for participating in the salmon troll fishery in (2) In Area 2A, all waters north of Point halibut. Area 2A may retain halibut caught Chehalis, WA (46°53′18′′ N. lat.) are closed to (6) These Regulations do not apply to incidentally during authorized periods, in the directed commercial halibut fishery. fishing operations authorized or conducted conformance with the annual salmon 11. Catch Limits by the Commission for research purposes. management measures announced in the (1) The total allowable catch of halibut to 6. Regulatory Areas Federal Register. The notice also will specify the ratio of halibut to salmon that may be be taken during the halibut fishing periods The following areas shall be regulatory retained during this fishery. specified in section 8 shall be limited to the areas for the purposes of the Convention: (4) The fishing period in Areas 2B, 2C, 3A, weight expressed in pounds or metric tons (1) Area 2A includes all waters off the 3B, 4A, 4B, 4C, 4D, and 4E shall begin at (mt) shown in the following table: states of California, Oregon, and Washington; 1200 hours local time on March 15 and (2) Area 2B includes all waters off British terminate at 1200 hours local time on Regulatory area Columbia; November 15, unless the Commission Catch limits (3) Area 2C includes all waters off Alaska Pounds Metric tons ° specifies otherwise. that are east of a line running 340 true from (5) All commercial fishing for halibut in Cape Spencer Light (58°11′57′′ N. lat., 2A ...... 168,961 76.6 ° ′ ′′ Areas 2A, 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 136 38 18 W. long.) and south and east of 4E shall cease at 1200 hours local time on 2B ...... 13,000,000 5,895.7 a line running 205° true from said light; November 15. 2C ...... 10,500,000 4,761.9 (4) Area 3A includes all waters between 3A ...... 26,000,000 11,791.4 Area 2C and a line extending from the most 9. Closed Periods 3B ...... 11,000,000 4,988.7 ° ′ ′′ northerly point on Cape Aklek (57 41 15 N. (1) No person shall engage in fishing for 4A ...... 3,500,000 1,587.3 lat., 155°35′00′′ W. long.) to Cape Ikolik 4B ...... 3,500,000 1,587.3 ° ′ ′′ ° ′ ′′ halibut in any regulatory area other than (57 41 17 N. lat., 154 47 18 W. long.), then during the fishing periods set out in section 4C ...... 1,590,000 721.1 along the Kodiak Island coastline to Cape 8 in respect of that area. 4D ...... 1,590,000 721.1 Trinity (56°44′50′′ N. lat., 154°08′44′′ W. 4E ...... 320,000 145.1 ° (2) No person shall land or otherwise retain long.), then 140 true; halibut caught outside a fishing period (5) Area 3B includes all waters between applicable to the regulatory area where the (2) Notwithstanding paragraph (1) of this Area 3A and a line extending 150° true from halibut was taken. section, the catch limit in Area 2A shall be Cape Lutke (54°29′00′′ N. lat., 164°20′00′′ W. (3) Subject to paragraphs (7), (8), (9), and divided between a directed halibut fishery to long.) and south of 54°49′00′′ N. lat. in (10) of section 19, these Regulations do not operate south of 46°53′18′′ N. lat. during the Isanotski Strait; prohibit fishing for any species of fish other fishing periods set out in paragraph 2 of (6) Area 4A includes all waters in the Gulf than halibut during the closed periods. Section 8 and an incidental halibut catch of Alaska west of Area 3B and in the Bering (4) Notwithstanding paragraph (3), no fishery during the salmon troll fishery in Sea west of the closed area defined in section person shall have halibut in his/her Area 2A described in paragraph 3 of Section 10 that are east of 172°00′00′′ W. long. and possession while fishing for any other 8. Inseason actions to transfer catch between south of 56°20′00′′ N. lat.; species of fish during the closed periods. these fisheries may occur in conformance (7) Area 4B includes all waters in the (5) No vessel shall retrieve any halibut with the Catch Sharing Plan for Area 2A. Bering Sea and the Gulf of Alaska west of (a) The catch limit in the directed halibut Area 4A and south of 56°20′00′′ N. lat.; fishing gear during a closed period if the vessel has any halibut on board. fishery is 143,617 lb (65.1 mt). (8) Area 4C includes all waters in the (b) The catch limit in the incidental catch Bering Sea north of Area 4A and north of the (6) A vessel that has no halibut on board may retrieve any halibut fishing gear during fishery during the salmon troll fishery is closed area defined in section 10 which are 25,344 lb (11.5 mt). east of 171°00′00′′ W. long., south of the closed period after the operator notifies (3) The Commission shall determine and 58°00′00′′ N. lat., and west of 168°00′00′′ W. an authorized officer or representative of the announce to the public the date on which the long.; Commission prior to that retrieval. catch limit for Area 2A will be taken and the (9) Area 4D includes all waters in the (7) After retrieval of halibut gear in specific dates during which the directed Bering Sea north of Areas 4A and 4B, north accordance with paragraph (6), the vessel fishery will be allowed in Area 2A. and west of Area 4C, and west of 168°00′00′′ shall submit to a hold inspection at the (4) Notwithstanding paragraph (1), Area 2B W. long.; discretion of the authorized officer or will close only when all Individual Vessel (10) Area 4E includes all waters in the representative of the Commission. Quotas assigned by Canada’s Department of Bering Sea north and east of the closed area (8) No person shall retain any halibut Fisheries and Oceans are taken, or November defined in section 10, east of 168°00′00′′ W. caught on gear retrieved under paragraph (6). long., and south of 65°34′00′′ N. lat. (9) No person shall possess halibut aboard 15, whichever is earlier. a vessel in a regulatory area during a closed (5) Notwithstanding paragraph (1), Areas 7. Fishing in Regulatory Area 4E period unless that vessel is in continuous 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E will close (1) A person may retain halibut taken with transit to or within a port in which that only when all Individual Fishing Quotas and setline gear in the Area 4E CDQ fishery that halibut may be lawfully sold. all Community Development Quotas issued by the National Marine Fisheries Service are smaller than the size limit specified in 10. Closed Area Section 13, provided that no person may sell have been taken, or November 15, whichever or barter such halibut. (1) All waters in the Bering Sea north of is earlier. (2) Section 7 shall be effective until 55°00′00′′ N. lat. in Isanotski Strait that are (6) If the Commission determines that the December 31, 1999. enclosed by a line from Cape Sarichef Light catch limit specified for Area 2A in (54°36′00′′ N. lat., 164°55′42′′ W. long.) to a paragraph (1) would be exceeded in an 8. Fishing Periods point at 56°20′00′′ N. lat., 168°30′00′′ W. unrestricted 10-hour fishing period as (1) The fishing periods for each regulatory long.; thence to a point at 58°21′25′′ N. lat., specified in paragraph (2) of section 8, the area apply where the catch limits specified 163°00′00′′ W. long.; thence to Strogonof catch limit for that area shall be considered in section 10 have not been taken. Point (56°53′18′′ N. lat., 158°50′37′′ W. long.); to have been taken unless fishing period (2) Each fishing period in the Area 2A and then along the northern coasts of the limits are implemented. directed fishery south of 46°53′18′′ N. lat. Alaska Peninsula and Unimak Island to the (7) When under paragraphs (2), (3) or (6) shall begin at 0800 hours and terminate at point of origin at Cape Sarichef Light are the Commission has announced a date on Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 13005 which the catch limit for Area 2A will be otherwise disfigured in any manner that contacted to confirm visually the identity of taken, no person shall fish for halibut in that prevents the determination of whether the the vessel. area after that date for the rest of the year, halibut complies with the size limits (8) Before unloading any halibut caught in unless the Commission has announced the specified in this section, except that: Area 4C or 4D, a vessel operator may obtain reopening of that area for halibut fishing. (a) This paragraph shall not prohibit the the clearance required under paragraph (1) possession on board a vessel of halibut only in St. Paul, St. George, Dutch Harbor, or 12. Fishing Period Limits cheeks cut from halibut caught by persons Akutan, Alaska, either in person or by (1) It shall be unlawful for any vessel to authorized to process the halibut on board in contacting an authorized officer of the United retain more halibut than authorized by that accordance with NMFS regulations States, a representative of the Commission, or vessel’s license in any fishing period for published at Title 50, Code of Federal a designated fish processor. The clearances which the Commission has announced a regulations, part 679; and obtained in St. Paul or St. George, Alaska, fishing period limit. (b) No person shall possess a filleted can be obtained by VHF radio and allowing (2) The operator of any vessel that fishes halibut on board a vessel. the person contacted to confirm visually the for halibut during a fishing period when (3) No person on board a vessel fishing for, identity of the vessel. fishing period limits are in effect must, upon or tendering, halibut caught in Area 2A shall (9) Any vessel operator who complies with commencing an offload of halibut to a possess any halibut that has had its head the requirements in Section 18 for possessing commercial fish processor, completely removed. halibut on board a vessel that was caught in offload all halibut on board said vessel to that more than one regulatory area in Area 4 is processor and ensure that all halibut is 14. Careful Release of Halibut exempt from the clearance requirements of weighed and reported on State fish tickets. All halibut that are caught and are not paragraph (1) of this section, but must (3) The operator of any vessel that fishes retained shall be immediately released and comply with the following requirements: for halibut during a fishing period when returned to the sea with a minimum of injury (a) The operator of the vessel must obtain fishing period limits are in effect must, upon by a vessel clearance prior to fishing in Area 4 commencing an offload of halibut other than (a) Hook straightening outboard of the in either Dutch Harbor, Akutan, St. Paul, St. to a commercial fish processor, completely roller; George, or Nazan Bay on Atka Island by offload all halibut on board said vessel and (b) Cutting the gangion near the hook; or contacting an authorized officer of the United ensure that all halibut are weighed and (c) Carefully removing the hook by twisting States, a representative of the Commission, or reported on State fish tickets. it from the halibut with a gaff. a designated fish processor. The clearance (4) The provisions of paragraph (3) are not obtained in St. Paul, St. George, or Nazan Bay intended to prevent retail over-the-side sales 15. Vessel Clearance in Area 4 on Atka Island can be obtained by VHF radio to individual purchasers so long as all the (1) The operator of any vessel that fishes and allowing the person contacted to confirm halibut on board is ultimately offloaded and for halibut in Areas 4A, 4B, 4C, or 4D must visually the identity of the vessel. This reported. obtain a vessel clearance before fishing in clearance will list the Areas in which the (5) When fishing period limits are in effect, any of these areas, and before the unloading vessel will fish; and a vessel’s maximum retainable catch will be of any halibut caught in any of these areas, (b) Before unloading any halibut from Area determined by the Commission based on: unless specifically exempted in paragraphs 4, the vessel operator must obtain a vessel (a) The vessel’s overall length in feet and (9), (12), (13), (14), or (15). clearance from Dutch Harbor, Akutan, St. associated length class; (2) The vessel clearance required under Paul, St. George, or Nazan Bay on Atka Island (b) The average performance of all vessels paragraph (1) prior to fishing in Area 4A may by contacting an authorized officer of the within that class; and be obtained only at Dutch Harbor or Akutan, United States, a representative of the (c) The remaining catch limit. Alaska, from an authorized officer of the Commission, or a designated fish processor. (6) Length classes are shown in the United States, a representative of the The clearance obtained in St. Paul, St. following table: Commission, or a designated fish processor. George, or Nazan Bay on Atka Island can be (3) The vessel clearance required under obtained by VHF radio and allowing the paragraph (1) prior to fishing in Area 4B may person contacted to confirm visually the Overall length Vessel class only be obtained at Nazan Bay on Atka identity of the vessel. Island, Alaska, from an authorized officer of (10) Vessel clearances shall be obtained 1±25 ...... A the United States, a representative of the between 0600 and 1800 hours, local time. 26±30 ...... B Commission, or a designated fish processor. (11) No halibut shall be on board the vessel 31±35 ...... C (4) The vessel clearance required under at the time of the clearances required prior 36±40 ...... D paragraph (1) prior to fishing in Area 4C or to fishing in Area 4. 41±45 ...... E 4D may be obtained only at St. Paul or St. (12) Any vessel that is used to fish for 46±50 ...... F George, Alaska, from an authorized officer of halibut only in Area 4A and lands its total 51±55 ...... G the United States, a representative of the annual halibut catch at a port within Area 4A 56+ ...... H Commission, or a designated fish processor is exempt from the clearance requirements of by VHF radio and allowing the person paragraph (1). (7) Fishing period limits in Area 2A apply contacted to confirm visually the identity of (13) Any vessel that is used to fish for only to the directed halibut fishery referred the vessel. halibut only in Area 4B and lands its total to in paragraph (2) of section 8. (5) The vessel operator shall specify the annual halibut catch at a port within Area 4B specific regulatory area in which fishing will is exempt from the clearance requirements of 13. Size Limits take place. paragraph (1). (1) No person shall take or possess any (6) Before unloading any halibut caught in (14) Any vessel that is used to fish for halibut that: Area 4A, a vessel operator may obtain the halibut only in Area 4C and lands its total (a) With the head on, is less than 32 inches clearance required under paragraph (1) only annual halibut catch at a port within Area 4C (81.3 cm) as measured in a straight line, in Dutch Harbor or Akutan, Alaska, by is exempt from the clearance requirements of passing over the pectoral fin from the tip of contacting an authorized officer of the United paragraph (1). the lower jaw with the mouth closed, to the States, a representative of the Commission, or (15) Any vessel that is used to fish for extreme end of the middle of the tail, as a designated fish processor. halibut only in Areas 4D and 4E and lands illustrated in Figure 2; or (7) Before unloading any halibut caught in its total annual halibut catch at a port within (b) With the head removed, is less than 24 Area 4B, a vessel operator may obtain the Areas 4D, 4E, or the closed area defined in inches (61.0 cm) as measured from the base clearance required under paragraph (1) only section 10, is exempt from the clearance of the pectoral fin at its most anterior point in Nazan Bay on Atka Island, either in person requirements of paragraph (1). to the extreme end of the middle of the tail, or by contacting an authorized officer of the as illustrated in Figure 2. United States, a representative of the 16. Logs (2) No person shall possess on board a Commission, or a designated fish processor (1) The operator of any U.S. vessel that has vessel a halibut that has been mutilated, or by VHF radio and allowing the person an overall length of 26 feet (7.9 meters) or 13006 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations greater shall keep an accurate log of all halibut directly from the owner or operator a vessel at the same time providing the halibut fishing operations including the date, of a vessel that was engaged in halibut operator of the vessel: locality, amount of gear used, and total fishing must weigh and record all halibut on (a) Has a NMFS-certified observer on board weight of halibut taken daily in each locality. board said vessel at the time offloading the vessel when halibut caught in different The log information must be recorded in the commences and record on State fish tickets regulatory areas are on board; and groundfish daily fishing logbook provided by or Federal catch reports the date, locality, (b) Can identify the regulatory area in NMFS, or Alaska hook-and-line logbook name of vessel, Halibut Commission license which each halibut on board was caught by provided by Petersburg Vessels Owner number (for Area 2A), the name(s) of the separating halibut from different areas in the Association or Alaska Longline Fishermen’s person(s) from whom the halibut was hold, tagging halibut, or by other means. Association, or the logbook provided by purchased; and the scale weight obtained at (4) Halibut caught in Regulatory Areas 4A, IPHC. the time of offloading of all halibut on board 4B, 4C, and 4D may be possessed on board (2) The log referred to in paragraph (1) the vessel including the pounds purchased; a vessel when in compliance with paragraph shall be pounds in excess of IFQs, IVQs, or fishing (3) and if halibut from Area 4 are on board (a) Maintained on board the vessel; period limits; pounds retained for personal the vessel, the vessel can have halibut caught (b) Updated not later than 24 hours after use; and pounds discarded as unfit for in Regulatory Areas 2C, 3A, and 3B on board midnight local time for each day fished and human consumption. if in compliance with paragraph (2). prior to the offloading or sale of halibut taken (4) The master or operator of a Canadian during that fishing period; vessel that was engaged in halibut fishing 19. Fishing Gear (c) Retained for a period of two years by must weigh and record all halibut on board (1) No person shall fish for halibut using the owner or operator of the vessel; said vessel at the time offloading commences any gear other than hook and line gear. (d) Open to inspection by an authorized and record on State fish tickets or Federal (2) No person shall possess halibut taken officer or any authorized representative of the catch reports the date, locality, name of with any gear other than hook and line gear. Commission upon demand; and vessel, the name(s) of the person(s) from (3) No person shall possess halibut while (e) Kept on board the vessel when engaged whom the halibut was purchased; and the on board a vessel carrying any trawl nets or in halibut fishing, during transits to port of scale weight obtained at the time of fishing pots capable of catching halibut. offloading of all halibut on board the vessel landing, and for 5 days following offloading (4) All setline or skate marker buoys including the pounds purchased; pounds in halibut. carried on board or used by any United States excess of IVQs; pounds retained for personal (3) The log referred to in paragraph (1) does vessel used for halibut fishing shall be use; and pounds discarded as unfit for not apply to the incidental halibut fishery in marked with one of the following: human consumption. Area 2A defined in paragraph (3) of section (a) The vessel’s name; (5) No person shall make a false entry on 8. (b) The vessel’s state license number; or a State fish ticket or a Federal catch or (4) The operator of any Canadian vessel (c) The vessel’s registration number. landing report referred to in paragraph (3) shall keep an accurate log of all halibut (5) The markings specified in paragraph (4) and (4). fishing operations including the date, shall be in characters at least 4 inches in (6) A copy of the fish tickets or catch height and one-half inch in width in a locality, amount of gear used, and total reports referred to in paragraph (3) and (4) contrasting color visible above the water and weight of halibut taken daily in each locality. shall be: shall be maintained in legible condition. The log information must be recorded in the (a) Retained by the person making them for (6) All setline or skate marker buoys British Columbia Halibut Fishery logbook a period of three years from the date the fish carried on board or used by a Canadian provide by the Department of Fisheries and tickets or catch reports are made; and vessel used for halibut fishing shall be: Oceans (DFO). (b) Open to inspection by an authorized (a) Floating and visible on the surface of (5) The log referred to in paragraph (4) officer or any authorized representative of the the water; and shall be: Commission. (b) Legibly marked with the identification (a) Maintained on board the vessel; (7) No person shall possess any halibut that plate number of the vessel engaged in (b) Updated not later than 24 hours after he/she knows to have been taken in midnight local time for each day fished and contravention of these Regulations. commercial fishing from which that setline is prior to the offloading or sale of halibut taken (8) When halibut are delivered to other being operated. during that fishing period; than a commercial fish processor the records (7) No person on board a vessel from which (c) Retained for a period of 2 years by the required by paragraph (3) shall be maintained setline gear was used to fish for any species owner or operator of the vessel; by the operator of the vessel from which that of fish anywhere in Area 2A during the 72- (d) Open to inspection by an authorized halibut was caught, in compliance with hour period immediately before the opening officer or any authorized representative of the paragraph (6). of a halibut fishing period shall catch or Commission upon demand; (9) It shall be unlawful to enter a Halibut possess halibut anywhere in those waters (e) Kept on board the vessel when engaged Commission license number on a State fish during that halibut fishing period. in halibut fishing, during transits to port of ticket for any vessel other than the vessel (8) No vessel from which setline gear was landing, and for 5 days following offloading actually used in catching the halibut reported used to fish for any species of fish anywhere halibut; and thereon. in Area 2A during the 72-hour period (f) Within 7 days of offloading the yellow immediately before the opening of a halibut copy be mailed to the DFO and the white 18. Fishing Multiple Regulatory Areas fishing period may be used to catch or copy be mailed to IPHC. (1) Except as provided in this section, no possess halibut anywhere in those waters (6) The poundage of any halibut that is not person shall possess at the same time on during that halibut fishing period. sold, but is utilized by the vessel operator, board a vessel halibut caught in more than (9) No person on board a vessel from which his/her crew members, or any other person one regulatory area. setline gear was used to fish for any species for personal use, shall be recorded in the (2) Halibut caught in Regulatory Areas 2C, of fish anywhere in Areas 2B, 2C, 3A, 3B, 4A, vessel’s log within 24-hours of offloading. 3A, and 3B may be possessed on board a 4B, 4C, 4D, or 4E during the 72-hour period (7) No person shall make a false entry in vessel at the same time providing the immediately before the opening of the a log referred to in this section. operator of the vessel: halibut fishing season shall catch or possess (a) Has a NMFS-certified observer on board halibut anywhere in those areas until the 17. Receipt and Possession of Halibut when required by NMFS regulations vessel has removed all of its setline gear from (1) No person shall receive halibut from a published at Title 50, Code of Federal the water and has either: United States vessel that does not have on Regulations, section 679.7(f)(4); and (a) Made a landing and completely board the license required by section 3. (b) Can identify the regulatory area in offloaded its entire catch of other fish; or (2) No person shall offload halibut from a which each halibut on board was caught by (b) Submitted to a hold inspection by an vessel unless the gills and entrails have been separating halibut from different areas in the authorized officer. removed prior to offloading. hold, tagging halibut, or by other means. (10) No vessel from which setline gear was (3) A commercial fish processor in the (3) Halibut caught in Regulatory Areas 4A, used to fish for any species of fish anywhere United States who purchases or receives 4B, 4C, and 4D may be possessed on board in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 13007

4E during the 72-hour period immediately (4) In all waters off California, Oregon, and season reopens in the area from the Queets before the opening of the halibut fishing Washington: River south to 47°00′00′′ N. lat. and east of season may be used to catch or possess (a) The total allowable catch of halibut 124°40′00′′ W. long. and continues every day halibut anywhere in those areas until the shall be limited to 195,078 lb (88.5 mt) in until 36,648 lb (16.6 mt) are estimated to vessel has removed all of its setline gear from waters off Washington and 168,961 lb (76.6 have been taken and the area is closed by the the water and has either: mt) in waters off California and Oregon; Commission, or until September 30, (a) Made a landing and completely (b) The sport fishing subareas, subquotas, whichever occurs first. offloaded its entire catch of other fish; or fishing dates, and daily bag limits are as (B) The daily bag limit is one halibut of any (b) Submitted to a hold inspection by an follows, except as modified under the size per day per person. authorized officer. inseason actions in Section 24. All sport (C) The northern offshore portion of this fishing in Area 2A (except for fish caught in area west of 124°40′00′′ W. long. and north (11) Notwithstanding any other provision ° ′ ′′ in these regulations, a person may retain and the North Washington coast area and landed of 47 10 00 N. lat. is closed to sport fishing possess, but not sell or barter halibut taken into Neah Bay) is managed on a ‘‘port of for halibut. with trawl gear only as authorized by NMFS’ landing’’ basis, whereby any halibut landed (iv) In the area between Leadbetter Point, WA and Cape Falcon, OR (45°46′00′′ N. lat.), Prohibited Species Donation regulations. into a port counts toward the quota for the area in which that port is located, and the the quota for landings into ports in this area 20. Retention of Tagged Halibut regulations governing the area of landing is 8,565 lb (3.9 mt). (1) Nothing contained in these Regulations apply, regardless of the specific area of catch. (A) The fishing season commences on May 1, and continues every day through prohibits any vessel at any time from (i) In Puget Sound and the U.S. waters in September 30, or until 8,565 lb (3.9 mt) are retaining and landing a halibut that bears a the Strait of Juan de Fuca, east of a line from estimated to have been taken and the area is Commission tag at the time of capture, if the the lighthouse on Bonilla Point on Vancouver ° ′ ′′ closed by the Commission, whichever occurs halibut with the tag still attached is reported Island, British Columbia (48 35 44 N. lat., 124°43′00′′ W. long.) to the buoy adjacent to first. at the time of landing and made available for ° ′ ′′ ° ′ ′′ (B) The daily bag limit is one halibut with examination by a representative of the Duntze Rock (48 24 55 N. lat., 124 44 50 W. long.) to Tatoosh Island lighthouse a minimum overall size limit of 32 inches Commission or by an authorized officer. ° ′ ′′ ° ′ ′′ (81.3 cm). (2) After examination and removal of the (48 23 30 N. lat., 124 44 00 W. long.) to Cape Flattery (48°22°55′′ N. lat., 124°43′42′′ (v) In the area off Oregon between Cape tag by a representative of the Commission or Falcon and the Siuslaw River at the Florence an authorized officer, the halibut W. long.), there is no quota. This area is ° ′ ′′ managed by setting a season that is projected north jetty (44 01 08 N. lat.), the quota for (a) May be retained for personal use; or landings into ports in this area is 149,362 lb (b) May be sold if it complies with the to result in a catch of 57,191 lb (25.9 mt). (A) The fishing season is May 22 through (67.8 mt). provisions of section 13, Size Limits. (A) The fishing seasons are: August 3, 5 days a week (Thursday through (1) The first season is open on May 14, 15, 21. Supervision of Unloading and Weighing Monday). 16, 21, 22, and 23. The projected catch for (B) The daily bag limit is one halibut of any The unloading and weighing of halibut this season is 101,566 lb (46.1 mt). Any size per day per person. may be subject to the supervision of poundage remaining unharvested will be (ii) In the area off the north Washington authorized officers to assure the fulfillment added to the August season. of the provisions of these Regulations. coast, west of the line described in paragraph (2) The second season commences May 24 (d)(2)(i) of this section and north of the and continues every day through August 6, 22. Fishing by United States Treaty Indian Queets River (47°3′42′′ N. lat.), the quota for Tribes in the area inside the 30-fathom (55 m) curve landings into ports in this area is 96,052 lb nearest to the coastline as plotted on National (1) Halibut fishing in subarea 2A–1 by (43.6 mt). Landings into Neah Bay of halibut Ocean Service charts numbered 18520, members of United States treaty Indian tribes caught in this area will be governed by this 18580, and 18600, or until 10,455 lb (4.7 mt) located in the State of Washington shall be paragraph. or the subarea quota is estimated to have regulated under regulations promulgated by (A) The fishing seasons are: been taken and the season is closed by the NMFS and published in the Federal Register. (1) Commencing May 1 and continuing 5 Commission, whichever is earlier. (2) Subarea 2A–1 includes all waters off days a week (Tuesday through Saturday) (3) The third season is open on August 7 the coast of Washington that are north of until 81,052 lb (36.8 mt) are estimated to or until the combined quotas for the subareas 46°53′18′′ N. lat. and east of 125°44′00′′ W. have been taken and the season is closed by described in paragraphs (v) and (vi) of this long., and all inland marine waters of the Commission, or until June 30, whichever section totaling 161,189 lb (73.1 mt) are Washington. occurs first. estimated to have been taken and the area is (3) Commercial fishing for halibut in (2) Commencing July 1 and continuing 5 closed by the Commission, whichever is subarea 2A–1 is permitted with hook and days a week (Tuesday through Saturday) earlier. If the harvest during this opening line gear from March 15 through November until the overall area quota of 96,052 lb (43.6 does not achieve the 161,189 lb (73.1 mt) 15, or until 272,000 lb (123.4 mt) is taken, mt) are estimated to have been taken and the quota, the season will reopen. If the amount whichever occurs first. area is closed by the Commission, or until of unharvested catch available is sufficient (4) Ceremonial and subsistence fishing for September 30, whichever occurs first. for an additional day of all-depth fishing, the halibut in subarea 2A–1 is permitted with (B) The daily bag limit is one halibut of any reopening date will be announced inseason hook and line gear from January 1 through size per day per person. on the NMFS hotline (206) 526–6667 or (800) December 31, and is estimated to take 15,000 (C) A portion of this area about 19 nm (35 662–9825. If the amount of unharvested catch lb (6.8 mt). km) southwest of Cape Flattery is closed to available is not sufficient for an additional sport fishing for halibut. The closed area is day of all-depth fishing, a reopening of the 23. Sport Fishing for Halibut within a rectangle defined by these four fishery will be announced on the NMFS (1) No person shall engage in sport fishing corners: 48°18′00′′ N. lat., 125°11′00′′ W. hotline for the area inside the 30-fathom for halibut using gear other than a single line long.; 48°18′00′′ N. lat., 124°59′00′′ W. long.; curve (55 m) which will continue for 7 days with no more than two hooks attached; or a 48°04′00′′ N. lat., 125°11′00′′ W. long.; and, per week until the quota is taken or spear. 48°04′00′′ N. lat., 124°59′00′′ W. long. September 30, whichever is earlier. No (2) In all waters off Alaska: (iii) In the area between the Queets River, halibut fishing will be allowed after August (a) The sport fishing season is from WA and Leadbetter Point, WA (46°38′10′′ N. 7 unless the opening is announced on the February 1 to December 31; lat.), the quota for landings into ports in this NMFS hotline. (b) The daily bag limit is two halibut of any area is 36,648 lb (16.6 mt). (B) The daily bag limit is two halibut, one size per day per person. (A) The fishing season commences on May with a minimum overall size limit of 32 (3) In all waters off British Columbia: 3 and continues 5 days a week (Sunday inches (81.3 cm) and the second with a (a) The sport fishing season is from through Thursday) until 35,648 lb (16.1 mt) minimum overall size limit of 50 inches February 1 to December 31; are estimated to have been taken and the (127.0 cm). (b) The daily bag limit is two halibut of any season is closed by the Commission. (vi) In the area off Oregon between the size per day per person. Immediately following this closure, the Siuslaw River at the Florence north jetty and 13008 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations the California border (42°00′00′′ N. lat.), the will close, no person shall sport fish for (2) Flexible inseason management quota for landings into ports in this area is halibut in that area after that date for the rest provisions include, but are not limited to, the 11,827 lb (5.4 mt). of the year, unless a reopening of that area following: (A) The fishing seasons are: for sport halibut fishing is scheduled in (A) Modification of sport fishing periods; (1) The first season is open on May 14, 15, accordance with the Catch Sharing Plan for (B) Modification of sport fishing bag limits; 16, 21, 22 and 23. The projected catch for this Area 2A, or announced by the Commission. (C) Modification of sport fishing size season is 9,462 lb (4.3 mt). If sufficient (5) Any minimum overall size limit limits; and unharvested catch remains for an additional promulgated under IPHC or NMFS (D) Modification of sport fishing days per day’s fishing, the season will reopen. regulations shall be measured in a straight calendar week. Dependent on the amount of unharvested line passing over the pectoral fin from the tip (3) Notice procedures. catch available, the season reopening dates of the lower jaw with the mouth closed, to (A) Actions taken under this section will will be June 13, then June 12, then June 20, the extreme end of the middle of the tail. be published in the Federal Register. and then June 19. If a decision is made (6) No person shall fillet, mutilate, or (B) Actual notice of inseason management inseason by NMFS to allow fishing on one or otherwise disfigure a halibut in any manner actions will be provided by a telephone more of these additional dates, notice of the that prevents the determination of minimum hotline administered by the Northwest opening will be announced on the NMFS size or the number of fish caught, possessed, Region, NMFS, at 206–526–6667 or 800–662– hotline (206) 526–6667 or (800) 662–9825. or landed. 9825 (May through September) and by U.S. No halibut fishing will be allowed on the (7) The possession limit for halibut in the Coast Guard broadcasts. These broadcasts are additional dates unless the opening date is waters off the coast of Alaska is two daily bag announced on Channel 16 VHF–FM and announced on the NMFS hotline. limits. 2182 kHz at frequent intervals. The (2) The second season commences May 24 (8) The possession limit for halibut in the announcements designate the channel or and continues every day through August 6, waters off the coast of British Columbia is frequency over which the notice to mariners in the area inside the 30-fathom (55 m) curve three halibut will be immediately broadcast. Since nearest to the coastline as plotted on National provisions of these regulations may be (9) The possession limit for halibut in the Ocean Service charts numbered 18520, altered by inseason actions, sport fishers waters off Washington, Oregon, and 18580, and 18600, or until 2,365 lb (1.1 mt) should monitor either the telephone hotline California is the same as the daily bag limit. or the subarea quota is estimated to have or U.S. Coast Guard broadcasts for current (10) The possession limit for halibut on been taken and the season is closed by the information for the area in which they are land in Area 2A north of Cape Falcon, OR is Commission, whichever is earlier. fishing. two daily bag limits. (3) The third season is open on August 7 (4) Effective dates. (11) The possession limit for halibut on or until the combined quotas for the subareas (A) Any action issued under this section is land in Area 2A south of Cape Falcon, OR described in paragraphs (v) and (vi) of this effective on the date specified in the is one daily bag limit. section totaling 161,189 lb (73.1 mt) are publication or at the time that the action is (12) Any halibut brought aboard a vessel estimated to have been taken and the area is filed for public inspection with the Office of closed by the Commission, whichever is and not immediately returned to the sea with the Federal Register, whichever is later. earlier. If the harvest during this opening a minimum of injury will be included in the (B) If time allows, NMFS will invite public does not achieve the 161,189 lb (73.1 mt) daily bag limit of the person catching the comment prior to the effective date of any quota, the season will reopen. If the amount halibut. inseason action filed with the Federal of unharvested catch available is sufficient (13) No person shall be in possession of Register. If the Regional Administrator for an additional day of all-depth fishing, the halibut on a vessel while fishing in a closed determines, for good cause, that an inseason reopening date will be announced inseason area. action must be filed without affording a prior on the NMFS hotline (206) 526–6667 or (800) (14) No halibut caught by sport fishing opportunity for public comment, public 662–9825. If the amount of unharvested catch shall be offered for sale, sold, traded, or comments will be received for a period of 15 available is not sufficient for an additional bartered. days after publication of the action in the day of all-depth fishing, a reopening of the (15) No halibut caught in sport fishing Federal Register. fishery will be announced on the NMFS shall be possessed on board a vessel when (C) Any inseason action issued under this hotline for the area inside the 30-fathom other fish or shellfish aboard the said vessel section will remain in effect until the stated curve (55 m) which will continue for 7 days are destined for commercial use, sale, trade, expiration date or until rescinded, modified, per week until the quota is taken or or barter. or superseded. However, no inseason action September 30, whichever is earlier. No (16) The operator of a charter vessel shall has any effect beyond the end of the calendar halibut fishing will be allowed after August be liable for any violations of these year in which it is issued. 7 unless the opening is announced on the regulations committed by a passenger aboard (5) Availability of data. The Regional NMFS hotline. said vessel. Administrator will compile, in aggregate (B) The daily bag limit is two halibut, one 24. Flexible Inseason Management Provisions form, all data and other information relevant with a minimum overall size limit of 32 in Area 2A to the action being taken and will make them inches (81.3 cm) and the second with a available for public review during normal minimum overall size limit of 50 inches (1) The Regional Administrator, NMFS office hours at the Northwest Regional Office, (127.0 cm). Northwest Region, after consultation with the NMFS, Sustainable Fisheries Division, 7600 (vii) In the area off the California coast, Chairman of the Pacific Fishery Management Sand Point Way NE, Seattle, WA. there is no quota. This area is managed on Council, the Commission Executive Director, a season that is projected to result in a catch and the Fisheries Director(s) of the affected 25. Fishery Election in Area 2A of less than 4,393 lb (2.0 mt). state(s), is authorized to modify regulations (1) A vessel that fishes in Area 2A may (A) The fishing season will commence on during the season after making the following participate in only one of the following three May 1 and continue every day through determinations. fisheries in Area 2A: September 30. (A) The action is necessary to allow (a) The sport fishery under Section 23; (B) The daily bag limit is one halibut with allocation objectives to be met. (b) The commercial directed fishery for a minimum overall size limit of 32 inches (B) The action will not result in exceeding halibut during the fishing period(s) (81.3 cm). the catch limit for the area. established in Section 8; or (c) The Commission shall determine and (C) If any of the sport fishery subareas (c) The incidental catch fishery during the announce closing dates to the public for any north of Cape Falcon, OR are not projected salmon troll fishery as authorized in Section area in which the subquotas in this Section to utilize their respective quotas by 8. are estimated to have been taken. September 30, NMFS may take inseason (2) No person shall fish for halibut in the (d) When the Commission has determined action to transfer any projected unused quota sport fishery in Area 2A under Section 23 that a subquota under paragraph (4)(b) of this to a Washington sport subarea projected to from a vessel that has been used during the section is estimated to have been taken, and have the fewest number of sport fishing days same calendar year for commercial halibut has announced a date on which the season in the calendar year. fishing in Area 2A or that has been issued a Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 13009 permit for the same calendar year for the the Assistant General Counsel for annual management measures commercial halibut fishery in Area 2A. Legislation and Regulation, Department published pursuant to § 300.62. (3) No person shall fish for halibut in the of Commerce, certified to the Chief [FR Doc. 98–6854 Filed 3–12–98; 4:01 pm] directed halibut fishery in Area 2A during Counsel for Advocacy of the Small the fishing periods established in Section 8 BILLING CODE 3510±22±P from a vessel that has been used during the Business Administration that this action same calendar year for the incidental catch will not have a significant economic fishery during the salmon troll fishery as impact on a substantial number of small DEPARTMENT OF COMMERCE authorized in Section 8. entities. No comments were received on (4) No person shall fish for halibut in the this certification. Consequently, no National Oceanic and Atmospheric directed commercial halibut fishery in Area regulatory flexibility analysis has been Administration 2A from a vessel that, during the same prepared. This action has been calendar year, has been used in the sport determined to be not significant for 50 CFR Part 679 halibut fishery in Area 2A or that is licensed purposes of E.O. 12866. for the sport halibut fishery in Area 2A. [Docket No. 971124274±8052±02; I.D. (5) No person shall retain halibut in the Catch Sharing Plan for Areas 4C, 4D, 110597A] salmon troll fishery in Area 2A as authorized and 4E RIN 0648±AH67 under Section 8 taken on a vessel that, during the same calendar year, has been used in the At the proposed rule stage, the Fisheries of the Exclusive Economic sport halibut fishery in Area 2A, or that is Assistant General Counsel for Zone Off Alaska; Forage Fish Species licensed for the sport halibut fishery in Area Legislation and Regulation, Department Category 2A. of Commerce, certified to the Chief (6) No person shall retain halibut in the Counsel for Advocacy of the Small AGENCY: National Marine Fisheries salmon troll fishery in Area 2A as authorized Service (NMFS), National Oceanic and under Section 8 taken on a vessel that, during Business Administration that this the same calendar year, has been used in the revision of the CSP would not have a Atmospheric Administration (NOAA), directed commercial fishery during the significant economic impact on a Commerce. fishing periods established in Section 8 for substantial number of small entities. No ACTION: Final rule. Area 2A or that is licensed to participate in comments were received on this the directed commercial fishery during the certification. Consequently, no SUMMARY: NMFS issues regulations to fishing periods established in Section 8 in regulatory flexibility analysis was implement Amendment 36 to the Area 2A. prepared. This action has been Fishery Management Plan for the Groundfish Fishery of the Bering Sea 26. Previous Regulations Superseded determined to be not significant for and Aleutian Islands Area and These regulations shall supersede all purposes of E.O. 12866. The revision to CFR 300.63(b) made by this rule is not Amendment 39 to the Fishery previous regulations of the Commission, and Management Plan for Groundfish of the these regulations shall be effective each substantive in that it merely revises the succeeding year until superseded. description of the contents of the CSP to Gulf of Alaska (FMPs). This action reflect that the Council no longer creates a forage fish species category in Classification allocates for subareas 4A and 4B. both FMPs and implements associated IPHC Regulations Accordingly, it is not subject to a delay management measures. The intended in effective date. effect of this action is to prevent the Because approval by the Secretary of development of a commercial directed State of the IPHC regulations is a foreign List of Subjects in 50 CFR Part 300 fishery for forage fish, which are a affairs function, Jensen v. National critical food source for many marine Marine Fisheries Service, 512 F.2d 1189 Fisheries, Fishing, Reporting and recordkeeping requirements, Treaties. mammal, seabird, and fish species. This (9th Cir. 1975), 5 U.S.C. 553 does not action is necessary to conserve and apply to this notice of the effectiveness Authority: 16 U.S.C. 773–773k. manage the forage fish resource off and content of the IPHC regulations. Dated: March 12, 1998. Alaska and to further the goals and Because prior notice and an opportunity David L. Evans, objectives of the FMPs. In addition, this for public comment are not required to Deputy Assistant Administrator for Fisheries, action includes a technical amendment be provided for this rule by 5 U.S.C. National Marine Fisheries Service. removing a date that is no longer 553, or any other law, the analytical applicable. requirements of the Regulatory For the reasons set out in the DATES: Effective April 16, 1998. Flexibility Act, 5 U.S.C. 601 et seq., are preamble, 50 CFR part 300 is amended ADDRESSES: not applicable. as follows: Copies of Amendments 36 and 39 and the Environmental Catch Sharing Plan for Area 2A PART 300ÐINTERNATIONAL Assessment/Regulatory Impact Review An Environmental Assessment/ FISHERIES REGULATIONS (EA/RIR) prepared for Amendments 36 Regulatory Impact Review was prepared and 39 are available from the 1. The authority citation for part 300, Sustainable Fisheries Division, Alaska on the proposed changes to the Plan. subpart E, continues to read as follows: NMFS has determined that the proposed Region, NMFS, P.O. Box 21668, Juneau, changes to the plan and the Authority: 16 U.S.C. 773–773k. AK 99802, Attn: Lori J. Gravel, or by implementing management measures 2. In § 300.63, paragraph (b) is revised calling the Alaska Region, NMFS, at contained in and implemented by the to read as follows: 907–586–7228. IPHS regulations will not significantly FOR FURTHER INFORMATION CONTACT: Kent affect the quality of the human § 300.63 Catch sharing plans and Lind, 907–586–7228 or environment, and the preparation of an domestic management measures. [email protected] environmental impact statement on the * * * * * SUPPLEMENTARY INFORMATION: The final action is not required by section (b) The catch sharing plan for area 4 domestic groundfish fisheries in the 102(2)(C) of the National Environmental allocates the annual TAC among Areas exclusive economic zone of the Bering Policy Act or its implementing 4C, 4D, and 4E, and will be Sea and Aleutian Islands Management regulations. At the proposed rule state, implemented by the Commission in Area (BSAI) and of the Gulf of Alaska 13010 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations

(GOA) are managed by NMFS under the Myctophidae (lanternfishes), management measures for forage fish FMPs. The FMPs were prepared by the Bathylagidae (deep-sea smelts), species. North Pacific Fishery Management Ammodytidae (Pacific sand lance), Limits on Sale, Barter, Trade or Council (Council) under the Magnuson- Trichodontidae (Pacific sandfish), Processing Stevens Fishery Conservation and Pholidae (gunnels), Management Act (Magnuson-Stevens Stichaeidae (pricklebacks, The rule prohibits the sale, barter, Act). Regulations governing the warbonnets, eelblennys, cockscombs trade, or processing of forage fish groundfish fisheries of the BSAI and and shannys), species by vessels fishing for groundfish in the Federal waters of the BSAI or GOA appear at 50 CFR part 679, and Gonostomatidae (bristlemouths, GOA or processing groundfish harvested general regulations governing U.S. lightfishes, and anglemouths), and the in the BSAI or GOA, except that fisheries appear at 50 CFR part 600. Order retained catch of forage fish species not A notice of availability of Euphausiacea (krill). amendments 36 and 39 was published exceeding the 2-percent MRB may be These species have been grouped on November 12, 1997 (62 FR 60682), processed into fishmeal and sold. The together because they are considered to with comments on the FMP rule allows fishmeal processing of be primary food resources for other amendments invited through January forage fish retained under the 2-percent marine animals and they have the 12, 1998. A proposed rule to implement MRB amount to prevent undue burdens potential to be the targets of a amendments 36 and 39 was published on operations that process unsorted commercial fishery. in the Federal Register on December 12, processing waste into fishmeal. Industry 1997 (62 FR 65402), with comments Affected Vessels and Processors representatives have indicated that separating small quantities of forage fish invited through January 26, 1998. One The requirements of the rule apply to from the volumes of fish and fish waste letter of comment was received and is all vessels fishing for groundfish in the that typically enter fishmeal plants summarized and responded to in the Federal waters of the BSAI or GOA or would be nearly impossible. The small Response to Comments section. processing groundfish harvested in the volumes of fishmeal production allowed Additional information on this action is Federal waters of the BSAI or GOA. The under this rule are not expected to contained in the preamble to the rule does not apply to fishing for forage provide an incentive for vessels to target proposed rule and in the EA/RIR (See fish species within State waters. ADDRESSES). Upon reviewing on forage fish through ‘‘topping off’’ amendments 36 and 39, the Prohibition on Directed Fishing activity. This rule does not apply to onshore Administrator, Alaska Region, NMFS, The rule prohibits directed fishing for processors due to limitations of the has determined that amendments 36 forage fish at all times in the Federal authority of the Secretary of Commerce and 39 are necessary for the waters of the BSAI and GOA. The rule under the Magnuson-Stevens Act. At the conservation and management of the establishes maximum retainable bycatch June 1997 Council meeting, the State of groundfish fisheries of the BSAI and (MRB) percentage of 2 percent for forage Alaska indicated that it intends to GOA and are consistent with the fish, meaning that vessels fishing for proceed with parallel forage fish Magnuson-Stevens Act and with other groundfish may retain a quantity of regulations to restrict the harvest of applicable laws. forage fish equal to no more than 2 forage fish within State waters and the percent of the round weight or round- Response to Comments processing of forage fish by onshore weight equivalent of groundfish species The following comment summarizes processors. open to directed fishing that are the one letter received on the FMP retained on board the vessel during a Changes From the Proposed Rule amendments and proposed rule: Comment. The Department of Interior fishing trip. NMFS data indicate that the In the proposed change to Table 2 to believes that managing forage fish, by aggregate percentage of forage fish 50 CFR Part 679, the order establishing a separate category for these incidentally caught in current Euphausiacea was incorrectly identified species, will benefit the marine groundfish fisheries rarely exceeds 2 as a family. This error has been ecosystems of the North Pacific. The percent, and many vessels rarely or corrected in the final rule. No other Department of the Interior supports never encounter catch of forage fish changes have been made in the final approval of the amendments as well as species. Consequently, bycatch of forage rule. issuance of the implementing fish species is not considered a problem A technical amendment is made to regulations which would prohibit in the groundfish fisheries off Alaska, § 679.20(c)(5) by deleting a date that is directed fishing on forage fish species, and the 2-percent MRB is unlikely to no longer applicable. result in increased discards of forage and the sale, barter, trade, or processing Classification of forage fish. fish species. At the proposed rule stage, the Response. NMFS agrees with the Harvest Quotas conclusions of the Department of Assistant General Counsel for Interior and has approved amendments Insufficient information exists upon Legislation and Regulation of the 36 and 39. which to specify a total allowable catch Department of Commerce certified to amount (TAC) for forage fish species. the Chief Counsel for Advocacy of the Elements of the Final Rule Therefore, this action does not establish Small Business Administration that this The following is a summary of the procedures for specifying an annual rule would not have a significant main elements of the final rule. TAC for forage fish species. However, by economic impact on a substantial establishing a new species category for number of small entities. No comments Forage Fish Species Category forage fish, NMFS will be able to collect were received regarding this The rule defines forage fish species to additional data on forage fish from certification. As a result, a regulatory mean all species of the following vessel logbooks, weekly production flexibility analysis was not prepared. families: reports, and observer reports. This An informal consultation under the Osmeridae (eulachon, capelin, and information may be used to evaluate the Endangered Species Act was concluded other smelts), need for and appropriateness of other for amendments 36 and 39 on July 11, Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations 13011

1997. As a result of the informal § 679.2 Definitions. prohibited at all times in the BSAI and consultation, the Regional * * * * * GOA. Administrator determined that fishing Forage fish means all species of the (4) Limits on sale, barter, trade, and activities under this rule are not likely following families: processing. The sale, barter, trade, or to adversely affect endangered or (1) Osmeridae (eulachon, capelin and processing of forage fish is prohibited, threatened species or critical habitat. other smelts), except as provided in paragraph (i)(5) of This final rule has been determined to (2) Myctophidae (lanternfishes), this section. be not significant for the purposes of (3) Bathylagidae (deep-sea smelts), (5) Allowable fishmeal production. E.O. 12866. (4) Ammodytidae (Pacific sand lance), Retained catch of forage fish not (5) Trichodontidae (Pacific sandfish), exceeding the maximum retainable List of Subjects in 50 CFR Part 679 (6) Pholidae (gunnels), bycatch amount may be processed into (7) Stichaeidae (pricklebacks, fishmeal for sale, barter, or trade. Alaska, Fisheries, Reporting and warbonnets, eelblennys, cockscombs recordkeeping requirements. and shannys), 4. In § 679.22, paragraph (c) is revised to read as follows: Dated: March 10, 1998. (8) Gonostomatidae (bristlemouths, David L. Evans, lightfishes, and anglemouths), and § 679.22 Closures. (9) The Order Euphausiacea (krill). Deputy Assistant Administrator for Fisheries, * * * * * * * * * * National Marine Fisheries Service. (c) Directed fishing closures. See 3. In § 679.20, paragraph (c)(5) is § 679.20(d) and § 679.20(i). For the reasons set out in the amended by removing the phrase preamble, 50 CFR part 679 is amended ‘‘(Applicable through December 31, * * * * * as follows: 1996)’’ and a new paragraph (i) is added Table 2 to Part 679 [Amended] as follows: PART 679ÐFISHERIES OF THE 5. Table 2 to 50 CFR part 679 is EXCLUSIVE ECONOMIC ZONE OFF § 679.20 General limitations. amended by adding species codes 207 ALASKA * * * * * Gunnels; 208 Pricklebacks, warbonnets, (i) Forage fish—(1) Definition. See eelblennys, cockscombs and shannys 1. The authority citation for 50 CFR § 679.2. (family Stichaeidae); 209 Bristlemouths, part 679 continues to read as follows: (2) Applicability. The provisions of lightfishes, and anglemouths (family Authority: 16 U.S.C. 773 et seq ., 1801 et § 679.20(i) apply to all vessels fishing Gonostomatidae); 210 Pacific sandfish; seq., and 3631 et seq. for groundfish in the BSAI or GOA, and 772 Lanternfishes; 773 Deep-sea smelts to all vessels processing groundfish (family Bathylagidae); 774 Pacific sand 2. In § 679.2, the definition of ‘‘forage harvested in the BSAI or GOA. lance; and 800 Krill (order fish’’ is added in alphabetical order to (3) Closure to directed fishing. Euphausiacea); in numerical order as read as follows: Directed fishing for forage fish is follows:

TABLE 2 TO PART 679.ÐSPECIES CODES

Code Species

******* Group Codes:

******* 207 ...... Gunnels. 208 ...... Pricklebacks, warbonnets, eelblennys, cockscombs and shannys (family Stichaeidae). 209 ...... Bristlemouths, lightfishes, and anglemouths (family Gonostomatidae). 210 ...... Pacific sandfish.

******* 772 ...... Lanternfishes. 773 ...... Deep-sea smelts (family Bathylagidae). 774 ...... Pacific sand lance. 800 ...... Krill (order Euphausiacea).

*******

Tables 10 and 11 to Part 679 [Amended] In Table 10 to 50 CFR part 679, a footnote 5 is added to read ‘‘Forage fish 6. Tables 10 and 11 to 50 CFR part column for ‘‘Aggregate Forage Fish’’ is are defined at § 679.2.’’ Table 10, as 679 are amended by adding a column added between columns ‘‘Atka revised, reads as follows: for aggregate forage fish as follows: mackerel’’ and ‘‘Other species,’’ and 13012 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Rules and Regulations

TABLE 10.ÐGULF OF ALASKA RETAINABLE PERCENTAGES

Bycatch species 1 Aggre- Aggre- Pacific Deep Rex Flat- Shal- Arrow- Sable- gated DSR Atka gate Other Pollock head low 4 mack- spe- cod flatfish sole sole flatfish tooth fish rock- SEEO erel forage cies fish 2 fish 5

Basis Species Pollock ...... 3 na 20 20 20 20 20 35 1 5 10 20 2 20 Pacific cod ...... 20 3 na 20 20 20 20 35 1 5 10 20 2 20 Deep flatfish ...... 20 20 3 na 20 20 20 35 7 15 1 20 2 20 Rex sole ...... 20 20 20 20 3 na 20 35 7 15 1 20 2 20 Flathead sole ...... 20 20 20 20 3 na 20 35 7 15 1 20 2 20 Shallow flatfish ...... 20 20 20 20 20 3 na 35 1 5 10 20 2 20 Arrowtooth ...... 5 5 0 0 0 0 3 na 0 0 0 0 2 20 Sablefish ...... 20 20 20 20 20 20 35 3 na 15 1 20 2 20 Pacific Ocean perch ...... 20 20 20 20 20 20 35 7 15 1 20 2 20 Shortraker/rougheye ...... 20 20 20 20 20 20 35 7 15 1 20 2 20 Other rockfish ...... 20 20 20 20 20 20 35 7 15 1 20 2 20 Northern rockfish ...... 20 20 20 20 20 20 35 7 15 1 20 2 20 Pelagic rockfish ...... 20 20 20 20 20 20 35 7 15 1 20 2 20 DSR±SEEO ...... 20 20 20 20 20 20 35 7 15 3 na 20 2 20 Thornyhead ...... 20 20 20 20 20 20 35 7 15 1 20 2 20 Atka mackerel ...... 20 20 20 20 20 20 35 1 5 10 3 na 2 20 Other species ...... 20 20 20 20 20 20 35 1 5 10 20 2 3 na Aggregated amount non-groundfish spe- cies ...... 20 20 20 20 20 20 35 1 5 10 20 2 20 1 For definition of species, see Table 1 of the Gulf of Alaska groundfish specifications. 2 Aggregated Rockfish means any rockfish except in the Southeast Outside District where demersal shelf rockfish (DSR) is a separate category. 3 na=not applicable. 4 SEEO=Southeast Outside District. 5 Forage fish are defined at § 679.2.

In Table 11 to 50 CFR part 679, a ‘‘Other species,’’ footnote 3 is are defined at § 679.2.’’ Table 11, as column for ‘‘Aggregate Forage Fish’’ is redesignated as footnote 4, and a new revised, reads as follows: added between columns ‘‘Squid’’ and footnote 3 is added to read ‘‘Forage fish

TABLE 11.ÐBERING SEA AND ALEUTIAN ISLANDS MANAGEMENT AREA RETAINABLE PERCENTAGES

Bycatch species 1

Atka Flat- Green- Aggre- Aggre- Other Pollock Pacific mack- Arrowtooth Yellow- Other Rock head land Sable- gated Squid gate spe- cod erel fin sole flatfish sole sole turbot fish rock- forage cies fish 2 fish 3

Basis species1 Pollock ...... 4 na 20 20 35 20 20 20 20 1 1 5 20 2 20 Pacific cod ...... 20 na 20 35 20 20 20 20 1 1 5 20 2 20 Atka mackerel ...... 20 20 na 35 20 20 20 20 1 1 5 20 2 20 Arrowtooth ...... 0 0 0 na 0 0 0 0 0 0 0 0 2 0 Yellowfin sole ...... 20 20 20 35 na 35 35 35 1 1 5 20 2 20 Other flatfish ...... 20 20 20 35 35 na 35 35 1 1 5 20 2 20 Rock sole ...... 20 20 20 35 35 35 na 35 1 1 5 20 2 20 Flathead sole ...... 20 20 20 35 35 35 35 na 35 15 15 20 2 20 Greenland turbot ...... 20 20 20 35 20 20 20 20 na 15 15 20 2 20 Sablefish ...... 20 20 20 35 20 20 20 20 35 na 15 20 2 20 Other rockfish ...... 20 20 20 35 20 20 20 20 35 15 15 20 2 20 Other red rockfish-BS ...... 20 20 20 35 20 20 20 20 35 15 15 20 2 20 Pacific Ocean perch ...... 20 20 20 35 20 20 20 20 35 15 15 20 2 20 Sharpchin/Northern-AI ...... 20 20 20 35 20 20 20 20 35 15 15 20 2 20 Shortraker/Rougheye-AI ...... 20 20 20 35 20 20 20 20 35 15 15 20 2 20 Squid ...... 20 20 20 35 20 20 20 20 1 1 5 4 na 2 20 Other species ...... 20 20 20 35 20 20 20 20 1 1 5 20 2 4 na Aggregated amount non- groundfish species ...... 20 20 20 35 20 20 20 20 1 1 5 20 2 20 1 For definition of species, see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications. 2 Aggregated rockfish of the genera Sebastes and Sebastolobus. 3 Forage fish are defined at § 679.2. 4 na = not applicable.

[FR Doc. 98–6857 Filed 3–16–98; 8:45 am] BILLING CODE 3510±22±P 13013

Proposed Rules Federal Register Vol. 63, No. 51

Tuesday, March 17, 1998

This section of the FEDERAL REGISTER Federal Republic of Germany; Discussion contains notices to the public of the proposed telephone: 49.6658.890 or 49.6658.8920; The Luftfahrt-Bundesamt (LBA), issuance of rules and regulations. The facsimile: 49.6658.8923 or purpose of these notices is to give interested which is the airworthiness authority for 49.6658.8940. This information also the Federal Republic of Germany, persons an opportunity to participate in the may be examined at the Rules Docket at rule making prior to the adoption of the final notified the FAA that unsafe conditions rules. the address above. may exist on certain Schleicher Model FOR FURTHER INFORMATION CONTACT: Mr. ASW–19 and ASK–22 sailplanes. The J. Mike Kiesov, Project Officer, LBA reports the following: DEPARTMENT OF TRANSPORTATION Sailplanes/Gliders, Small Airplane • That airflow over the rudder flight Directorate, Aircraft Certification control system when near maximum Federal Aviation Administration Service, FAA, 1201 Walnut, suite 900, speed and under high density altitude Kansas City, Missouri 64106; telephone: 14 CFR Part 39 conditions causes panel flutter of the (816) 426–6932; facsimile: (816) 426– rudder control panels on the Schleicher [Docket No. 97±CE±102±AD] 2169. Model ASW–19 sailplanes; • RIN 2120±AA64 SUPPLEMENTARY INFORMATION: That cracks have been found in the rear canopy hinge structure, which Comments Invited Airworthiness Directives; Alexander could be caused by insufficient design Schleicher Segelflugzeugbau Models Interested persons are invited to or leaving the sailplane canopy open ASW±19 and ASK±21 Sailplanes participate in the making of the and exposed to wind forces on the proposed rule by submitting such Schleicher Model ASK–21 sailplanes; AGENCY: Federal Aviation written data, views, or arguments as and, Administration, DOT. they may desire. Communications • That cracks in the airbrake ACTION: Notice of proposed rulemaking should identify the Rules Docket bellcrank have been found during (NPRM). number and be submitted in triplicate to routine maintenance inspection on the the address specified above. All Schleicher Model ASK–21 sailplanes. SUMMARY: This document proposes to communications received on or before These conditions, if not corrected, adopt a new airworthiness directive the closing date for comments, specified could result in reduced controllability (AD) that would apply to certain above, will be considered before taking of these sailplanes. Alexander Schleicher Segelflugzeugbau action on the proposed rule. The (Schleicher) Models ASW–19 and ASK– proposals contained in this notice may Relevant Service Information 21 sailplanes. The proposed AD would be changed in light of the comments Alexander Schleicher has issued the require: modifying the rudder surface received. following service information: panels; replacing the airbrake bellcrank; Comments are specifically invited on Technical Note 2, dated September 6, and modifying the rear canopy hinge the overall regulatory, economic, 1976, which specifies procedures for structure. The proposed AD is the result environmental, and energy aspects of stiffening the rudder surface panels on of mandatory continuing airworthiness the proposed rule. All comments certain Model ASW–19 sailplanes; and, information (MCAI) issued by the submitted will be available, both before Technical Note 20 dated October 16, airworthiness authority for Germany. and after the closing date for comments, 1987, which specifies procedures for The actions specified by the proposed in the Rules Docket for examination by inspecting and replacing the airbrake AD are intended to prevent loss of the interested persons. A report that bellcrank, and inspecting and canopy caused by design deficiency, summarizes each FAA-public contact reinforcing the rear canopy hinge on the airbrake failure caused by cracking, and concerned with the substance of this Model ASK–21 sailplanes. rudder panel flutter caused by high proposal will be filed in the Rules The LBA classified these service density altitude conditions, all of Docket. bulletins as mandatory and issued the which, if not corrected, could result in Commenters wishing the FAA to following AD’s in order to assure the reduced sailplane controllability. acknowledge receipt of their comments continued airworthiness of these DATES: Comments must be received on submitted in response to this notice sailplanes in Germany: (1) LBA AD 76– or before April 17, 1998. must submit a self-addressed, stamped 258 dated September 3, 1976, against ADDRESSES: Submit comments in postcard on which the following the Model ASW–19 sailplanes for the triplicate to the Federal Aviation statement is made: ‘‘Comments to rudder panel flutter condition; and (2) Administration (FAA), Central Region, Docket No. 97–CE–102–AD.’’ The LBA 88–2 dated January 18, 1988, Office of the Regional Counsel, postcard will be date stamped and against the Model ASK–21 sailplanes for Attention: Rules Docket No. 97–CE– returned to the commenter. the airbrake bellcrank and rear canopy 102–AD, Room 1558, 601 E. 12th Street, hinge conditions. Kansas City, Missouri 64106. Comments Availability of NPRMs may be inspected at this location Any person may obtain a copy of this The FAA’s Determination between 8 a.m. and 4 p.m., Monday NPRM by submitting a request to the The Alexander Schleicher Models through Friday, holidays excepted. FAA, Central Region, Office of the ASW–19 and ASK–21 sailplanes are Service information that applies to the Regional Counsel, Attention: Rules manufactured in Germany and are type proposed AD may be obtained from Docket No. 97–CE–102–AD, Room 1558, certificated for operation in the United Alexander Schleicher Segelflugzeugbau, 601 E. 12th Street, Kansas City, Missouri States under the provisions of section 6416 Poppenhausen, Wasserkuppe, 64106. 21.29 of the Federal Aviation 13014 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules

Regulations (14 CFR 21.29) and the hinge portion of the proposed AD, and 21 sailplanes (serial numbers 21001 through applicable bilateral airworthiness that the average labor rate is 21345), certificated in any category. agreement. Pursuant to this bilateral approximately $60 an hour. Parts cost Note 1: This AD applies to each sailplane airworthiness agreement, the LBA has approximately $15 per sailplane. Based identified in the preceding applicability kept the FAA informed of the situation on these figures, the total cost impact of provision, regardless of whether it has been described above. the rear canopy hinge portion proposed modified, altered, or repaired in the area The FAA has examined the findings subject to the requirements of this AD. For AD on U.S. operators is estimated to be sailplanes that have been modified, altered, of the LBA, reviewed all available $20,250, or $675 per sailplane. or repaired so that the performance of the information, including the service Regulatory Impact requirements of this AD is affected, the information referenced above, and owner/operator must request approval for an determined that AD action is necessary The regulations proposed herein alternative method of compliance in for products of this type design that are would not have substantial direct effects accordance with paragraph (c) of this AD. certificated for operation in the United on the States, on the relationship The request should include an assessment of States. between the national government and the effect of the modification, alteration, or the States, or on the distribution of repair on the unsafe condition addressed by Explanation of the Provisions of the this AD; and, if the unsafe condition has not Proposed AD power and responsibilities among the been eliminated, the request should include various levels of government. Therefore, specific proposed actions to address it. Since unsafe conditions have been in accordance with Executive Order identified that are likely to exist or Compliance: Required as indicated in the 12612, it is determined that this body of this AD, unless already develop in other Alexander Schleicher proposal would not have sufficient Models ASW–19 and ASK–21 sailplanes accomplished. federalism implications to warrant the To prevent loss of the canopy caused by of the same type design registered in the preparation of a Federalism Assessment. design deficiency, airbrake failure caused by United States, the proposed AD would For the reasons discussed above, I cracking, and rudder panel flutter caused by require modifying the sailplanes’ rudder certify that this action (1) is not a high density altitude conditions, all of panel by stiffening the rudder panel, ‘‘significant regulatory action’’ under which, if not corrected, could result in reinforcing the rear canopy hinge, and Executive Order 12866; (2) is not a reduced sailplane controllability, accomplish replacing the airbrake bellcrank. ‘‘significant rule’’ under DOT the following: Accomplishment of the proposed (a) Within the next 3 calendar months after Regulatory Policies and Procedures (44 the effective date of this AD, accomplish the actions would be in accordance with the FR 11034, February 26, 1979); and (3) if previously referenced service following: promulgated, will not have a significant (1) For Alexander Schleicher Model ASW– information. economic impact, positive or negative, 19 sailplanes, modify the rudder panel in Cost Impact on a substantial number of small entities accordance with the Instructions section in under the criteria of the Regulatory Alexander Schleicher ASW 19 Technical The FAA estimates that 5 sailplanes Flexibility Act. A copy of the draft Note No. 2, dated September 6, 1976. in the U.S. registry would be affected by regulatory evaluation prepared for this (2) For Alexander Schleicher Model ASK– the rudder panel portion of the action has been placed in the Rules 21 sailplanes, replace the airbrake bellcrank proposed AD, that it would take with an airbrake bellcrank of improved Docket. A copy of it may be obtained by approximately 10 workhours per design in accordance with the Action section, contacting the Rules Docket at the sailplane to accomplish the rudder paragraphs 3.1, 3.2, and 3.3 in Alexander location provided under the caption panel portion of the proposed AD, and Schleicher ASW 21 Technical Note No. 20, ADDRESSES. that the average labor rate is dated October 16, 1987. (3) For Alexander Schleicher Model ASK– approximately $60 an hour. Parts cost List of Subjects in 14 CFR Part 39 21 sailplanes, modify the rear canopy hinge approximately $50 per sailplane. Based Air transportation, Aircraft, Aviation in accordance with the Action section, on these figures, the total cost impact of safety, Safety. paragraph 4.2, in Alexander Schleicher ASW the rudder panel portion of the 21 Technical Note No. 20, dated October 16, proposed AD on U.S. operators is The Proposed Amendment 1987. estimated to be $3,250, or $650 per Accordingly, pursuant to the (b) Special flight permits may be issued in sailplane. accordance with sections 21.197 and 21.199 authority delegated to me by the of the Federal Aviation Regulations (14 CFR The FAA estimates that 30 sailplanes Administrator, the Federal Aviation in the U.S. registry would be affected by 21.197 and 21.199) to operate the sailplane Administration proposes to amend part to a location where the requirements of this the airbrake bellcrank portion of the 39 of the Federal Aviation Regulations AD can be accomplished. proposed AD, that it would take (14 CFR part 39) as follows: (c) An alternative method of compliance or approximately 6 workhours per adjustment of the compliance time that sailplane to accomplish the rudder PART 39ÐAIRWORTHINESS provides an equivalent level of safety may be panel portion of the proposed AD, and DIRECTIVES approved by the Manager, Small Airplane that the average labor rate is Directorate, Aircraft Certification Service, approximately $60 an hour. Parts cost 1. The authority citation for part 39 1201 Walnut, suite 900, Kansas City, approximately $200 per sailplane. Based continues to read as follows: Missouri 64106. The request shall be forwarded through an appropriate FAA on these figures, the total cost impact of Authority: 49 U.S.C. 106(g), 40113, 44701. Maintenance Inspector, who may add the airbrake bellcrank portion of the § 39.13 [Amended] comments and then send it to the Manager, proposed AD on U.S. operators is Small Airplane Directorate. estimated to be $16,800, or $560 per 2. Section 39.13 is amended by adding a new airworthiness directive Note 2: Information concerning the sailplane. existence of approved alternative methods of The FAA estimates that 30 sailplanes (AD) to read as follows: compliance with this AD, if any, may be in the U.S. registry would be affected by Alexander Schleicher Segelflugzeugbau: obtained from the Small Airplane the rear canopy hinge portion of the Docket No. 97–CE–102–AD. Directorate. proposed AD, that it would take Applicability: Model ASW–19 sailplanes (d) Questions or technical information approximately 11 workhours per (serial numbers 19019 through 19037, 19040, related to the service information referenced sailplane to accomplish the rear canopy and 19042 through 19044), and Model ASK– in this AD, should be directed to Alexander Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules 13015

Schleicher Segelflugzeugbau, 6416 Comments Invited missed approach, the holding, and the Poppenhausen, Wasserkuppe, Federal transition procedures to four new or Republic of Germany. This service Interested parties are invited to participate in this proposed rulemaking revised SIAP’s. information may be examined at the FAA, The area would be depicted on by submitting such written data, views, Central Region, Office of the Regional aeronautical charts for pilot reference. Counsel, Room 1558, 601 E. 12th Street, or arguments as they may desire. The coordinates for this airspace docket Kansas City, Missouri 64106. Comments that provide the factual basis are based on North American Datum 83. Note 3: The subject of this AD is addressed supporting the views and suggestions Class E airspace areas, extending in German AD No. 76–258, dated September presented are particularly helpful in upward from 700 feet or more above the 3, 1976, for the rudder panel condition; and developing reasoned regulatory German AD No. 88–2, dated January 1, 1988, surface of the earth, are published in decisions on the proposal. Comments Paragraph 6005 of FAA Order 7400.9E, for the airbrake bellcrank and the rear canopy are specifically invited on the overall hinge conditions. dated September 10, 1997, and effective regulatory, aeronautical, economic, September 16, 1997, which is Issued in Kansas City, Missouri, on March environmental, and energy-related 9, 1998. incorporated by reference in 14 CFR aspects of the proposal. 71.1. The Class E airspace designation Michael Gallagher, Communications should identify the Manager, Small Airplane Directorate, Aircraft listed in this document would be airspace docket number and be published subsequently in the Order. Certification Service. submitted in triplicate to the address [FR Doc. 98–6768 Filed 3–16–98; 8:45 am] The FAA has determined that this listed above. Commenters wishing the proposed regulation only involves an BILLING CODE 4910±13±M FAA to acknowledge receipt of their established body of technical comments on this notice must submit, regulations for which frequent and with those comments, a self-addressed DEPARTMENT OF TRANSPORTATION routine amendments are necessary to stamped postcard on which the keep them operationally current. It, Federal Aviation Administration following statement is made: therefore, (1) is not a ‘‘significant ‘‘Comments to Airspace Docket No. 97– regulatory action’’ under Executive 14 CFR Part 71 ANM–21.’’ The postcard will be date/ Order 12866; (2) is not a ‘‘significant time stamped and returned to the rule’’ under DOT Regulatory Policies commenter. All communications [Airspace Docket No. 97±ANM±21] and Procedures (44 FR 11034; February received on or before the specified 26, 1979); and (3) does not warrant Proposed Amendment to Class E closing date for comments will be preparation of a Regulatory Evaluation Airspace; Cedar City, UT considered before taking action on the as the anticipated impact is so minimal. proposed rule. The proposal contained Since this is a routine matter that will AGENCY: Federal Aviation in this notice may be changed in the only affect air traffic procedures and air Administration (FAA), DOT. light of comments received. All navigation, it is certified that this rule, ACTION: Notice of proposed rulemaking. comments submitted will be available when promulgated, will not have a for examination at the address listed significant economic impact on a SUMMARY: This proposed rule would above, both before and after the closing substantial number of small entities amend the Cedar City, UT, Class E date, for comments. A report under the criteria of the Regulatory airspace. If amended, the proposal summarizing each substantive public Flexibility Act. would provide additional airspace contact with FAA personnel concerned necessary to fully encompass various with this rulemaking will be filed in the List of Subjects in 14 CFR Part 71 new and revised Standard Instrument docket. Airspace, Incorporation by reference, Approach Procedures (SIAP) at Cedar Navigation (air). City Regional Airport, Cedar City, UT. Availability of NPRM’s The Proposed Amendment DATES: Comments must be received on Any person may obtain a copy of this or before May 1, 1998. Notice of Proposed Rulemaking (NPRM) In consideration of the foregoing, the by submitting a request to the Federal Federal Aviation Administration ADDRESSES: Send comments on the Aviation Administration, Airspace proposes to amend 14 CFR part 71 as proposal in triplicate to: Manager, follows: Airspace Branch, ANM–520, Federal Branch, ANM–520, 1601 Lind Avenue S.W., Renton, Washington 98055–4056. Aviation Administration, Docket No. PART 71ÐDESIGNATION OF CLASS A, 97–ANM–21, 1601 Lind Avenue S.W., Communications must identify the notice number of this NPRM. Persons CLASS B, CLASS C, CLASS D, AND Renton, Washington 98055–4056. CLASS E AIRSPACE AREAS; The official docket may be examined interested in being placed on a mailing list for future NPRM’s should also AIRWAYS; ROUTES; AND REPORTING in the Office of the Assistant Chief POINTS Counsel for the Northwest Mountain request a copy of Advisory Circular No. Region at the same address. 11–2A, which describes the application 1. The authority citation for 14 CFR procedure. An informal docket may also be part 71 continues to read as follows: examined during normal business hours The Proposal Authority: 49 U.S.C. 106(g), 40103, 40113, in the office of the Manager, Air Traffic 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– The FAA is considering an 1963 Comp., p. 389. Division, Airspace Branch at the address amendment to Title 14, Code of Federal listed above Regulations, part 71 (14 CFR part 71) to § 71.1 [Amended] FOR FURTHER INFORMATION CONTACT: amend Class E airspace at Cedar City, 2. The incorporation by reference in Dennis Ripley, ANM–520.6, Federal UT. This proposal is essential in order 14 CFR 71.1 of the Federal Aviation Aviation Administration, Docket No. to fully contain new and revised flight Administration Order 7400.9E, Airspace 97–ANM–21, 1601 Lind Avenue S.W., procedures within controlled airspace at Designations and Reporting Points, Renton, Washington 98055–4056; Cedar City Regional Airport. The dated September 10, 1997, and effective telephone number: (425) 227–2527. existing Class E airspace requires September 16, 1997, is amended as SUPPLEMENTARY INFORMATION: modification to fully encompass the follows: 13016 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules

Paragraph 6005 Class E airspace areas An informal docket may also be by submitting a request to the extending upward from 700 feet or more examined during normal business hours Operations Branch, AAL–530, Federal above the surface of the earth. in the Office of the Manager, Operations Aviation Administration, 222 West 7th * * * * * Branch, Air Traffic Division, at the Avenue, Box 14, Anchorage, AK 99513– ANM UT E5 Cedar City, UT [Revised] address shown above and on the 7587. Communications must identify Internet at Alaskan Region’s homepage the notice number of this NPRM. Cedar City Regional Airport, UT (Lat. 37°42′04′′ N, long. 113°05′55′′ W) at http://www.alaska.faa.gov/at or at Persons interested in being placed on a address http://162.58.28.41/at. mailing list for future NPRM’s should That airspace extending upward from 700 feet above the surface bounded by a line FOR FURTHER INFORMATION CONTACT: also request a copy of Advisory Circular beginning at lat. 38°03′00′′ N, long. Robert van Haastert, Operations Branch, No. 11–2A which describes the 113°13′30′′ W; to lat. 38°05′30′′ N, long. AAL–538, Federal Aviation application procedure. ° ′ ′′ ° ′ ′′ 112 58 30 W; to lat. 37 58 30 N, long. Administration, 222 West 7th Avenue, The Proposal 112°45′30′′ W; to lat. 37°45′00′′ N, long. Box 14, Anchorage, AK 99513–7587; 112°56′45′′ W; to lat. 37°47′30′′ N, long. The FAA proposes to amend 14 CFR ° ′ ′′ telephone number (907) 271–5863; fax: 113 15 00 W; thence to point of beginning; (907) 271–2850; email: part 71 by revising the Class E airspace that airspace extending upward from 1,200 [email protected]. at Homer, AK, due to the modification feet above the surface bounded by a line of the LOC/DME instrument approach to ° ′ ′′ Internet address: http:// beginning at lat. 38 00 00 N, long. RWY 21. The area would be depicted on ° ′ ′′ ° ′ ′′ www.alaska.faa.gov/at or at address 113 45 30 W; to lat. 38 19 00 N, long. aeronautical charts for pilot reference. 112°51′30′′ W; to lat. 37°58′30′′ N, long. http://162.58.28.41/at. ° ′ ′′ ° ′ ′′ The intended effect of this proposal is 112 45 30 W; to lat. 37 37 00 N, long. SUPPLEMENTARY INFORMATION: 112°56′30′′ W; to lat. 37°38′15′′ N, long. to provide adequate controlled airspace 113°22′18′′ W; thence to point of beginning, Comments Invited for IFR operations at Homer, AK. The coordinates for this airspace excluding Federal airways, the Milford, UT, Interested parties are invited to and the St. George, UT Class E airspace areas. docket are based on North American participate in this proposed rulemaking * * * * * Datum 83. The Class E airspace areas by submitting such written data, views, designated as surface areas for an airport Issued in Seattle, Washington, on February or arguments as they may desire. 23, 1998. are published in paragraph 6002 and the Comments that provide the factual basis Glenn A. Adams III, Class E airspace areas designated as supporting the views and suggestions 700/1200 foot transition areas are Assistant Manager, Air Traffic Division, presented are particularly helpful in Northwest Mountain Region. published in paragraph 6005 of FAA developing reasoned regulatory Order 7400.9E, Airspace Designations [FR Doc. 98–6705 Filed 3–16–98; 8:45 am] decisions on the proposal. Comments BILLING CODE 4910±13±M and Reporting Points, dated September are specifically invited on the overall 10, 1997, and effective September 16, regulatory, aeronautical, economic, 1997, which is incorporated by environmental, and energy-related DEPARTMENT OF TRANSPORTATION reference in 14 CFR 71.1 (62 FR 52491; aspects of the proposal. October 8, 1997). The Class E airspace Federal Aviation Administration Communications should identify the designations listed in this document airspace docket number and be would be revised and published 14 CFR Part 71 submitted in triplicate to the address subsequently in the Order. listed above. Commenters wishing the [Airspace Docket No. 98±AAL±2] The FAA has determined that these FAA to acknowledge receipt of their proposed regulations only involve an Proposed Revision of Class E comments on this notice must submit established body of technical Airspace; Homer, AK with those comments a self-addressed, regulations for which frequent and stamped postcard on which the routine amendments are necessary to AGENCY: Federal Aviation following statement is made: keep them operationally current. It, Administration (FAA), DOT. ‘‘Comments to Airspace Docket No. 98– therefore—(1) is not a ‘‘significant ACTION: Notice of proposed rulemaking. AAL–2.’’ The postcard will be date/time regulatory action’’ under Executive stamped and returned to the Order 12866; (2) is not a ‘‘significant SUMMARY: This action revises Class E commenter. All communications airspace at Homer, AK. The rule’’ under DOT Regulatory Policies received on or before the specified and Procedures (44 FR 11034; February modification of the Localizer (LOC)/ closing date for comments will be Distance Measuring Equipment (DME) 26, 1979); and (3) does not warrant considered before taking action on the preparation of a regulatory evaluation as instrument approach to RWY 21 Homer, proposed rule. The proposal contained AK, has made this action necessary. the anticipated impact is so minimal. in this notice may be changed in light Since this is a routine matter that will Adoption of this proposal would result of comments received. All comments in the provision of adequate controlled only affect air traffic procedures and air submitted will be available for navigation, it is certified that this rule, airspace for Instrument Flight Rules examination in the Operations Branch, (IFR) operations at Homer, AK. when promulgated, will not have a Air Traffic Division, Federal Aviation significant economic impact on a DATES: Comments must be received on Administration, 222 West 7th Avenue, substantial number of small entities or before May 1, 1998. Box 14, Anchorage, AK, both before and under the criteria of the Regulatory ADDRESSES: Send comments on the after the closing date for comments. A Flexibility Act. proposal in triplicate to: Manager, report summarizing each substantive Operations Branch, AAL–530, Docket public contact with FAA personnel List of Subjects in 14 CFR Part 71 No. 98–AAL–2, Federal Aviation concerned with this rulemaking will be Airspace, Incorporation by reference, Administration, 222 West 7th Avenue, filed in the docket. Navigation (air). Box 14, Anchorage, AK 99513–7587. The official docket may be examined Availability of NPRM’s The Proposed Amendment in the Office of the Regional Counsel for Any person may obtain a copy of this In consideration of the foregoing, the the Alaskan Region at the same address. Notice of Proposed Rulemaking (NPRM) Federal Aviation Administration Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules 13017 proposes to amend 14 CFR part 71 as extending from the Kachemak NDB to 16 agency, or business firm. All data follows: miles southwest of the Kachemak NDB. analyses and studies should include * * * * * substantiation and citations. The PART 71Ð DESIGNATION OF CLASS Issued in Anchorage, AK, on March 9, Commission reserves the right to limit A, CLASS B, CLASS C, CLASS D, AND 1998. the number of persons who testify and CLASS E AIRSPACE AREAS; Willis C. Nelson, the duration of their testimony. AIRWAYS; ROUTES; AND REPORTING Manager, Air Traffic Division, Alaskan POINTS ADDRESSES: The hearing will be in room Region. 420 of the East-West Towers Building, [FR Doc. 98–6819 Filed 3–16–98; 8:45 am] 4330 East-West Highway, Bethesda, MD. 1. The authority citation for 14 CFR BILLING CODE 4910±13±P part 71 continues to read as follows: Written comments, requests to make oral presentations, and texts of oral Authority: 49 U.S.C. 106(g), 40103, 40113, presentations should be captioned 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– CONSUMER PRODUCT SAFETY ‘‘Flame Retardant Chemicals’’ and 1963 Comp., p. 389. COMMISSION mailed to the Office of the Secretary, § 71.1 [Amended] Consumer Product Safety Commission, 16 CFR Chapter II Washington, D.C. 20207, or delivered to 2. The incorporation by reference in that office, room 502, 4330 East-West 14 CFR 71.1 of Federal Aviation Flame Retardant Chemicals That May Highway, Bethesda, Maryland 20814. Administration Order 7400.9E, Airspace Be Suitable for Use in Upholstered Comments, requests, and texts of oral Designations and Reporting Points, Furniture; Public Hearing presentations may also be filed by dated September 10, 1997, and effective AGENCY: Consumer Product Safety telefacsimile to (301) 504–0127 or by e- September 16, 1997, is to be amended Commission. mail to [email protected]. as follows: ACTION: Notice of public hearing and FOR FURTHER INFORMATION CONTACT: For Paragraph 6002 The Class E airspace areas request for comments. information about the purpose or listed below are designated as a surface area for an airport. SUMMARY: The Commission will conduct subject matter of this hearing call or write Michael A. Babich, Ph.D., * * * * * a public hearing on May 5–6, 1998 to receive scientific and technical Directorate for Epidemiology and Health AAL AK E2 Homer, AK information, such as published or Sciences, U.S. Consumer Product Safety Homer Airport, AK unpublished studies, relating to the Commission, Washington, D.C. 20207; ° ′ ′′ ° ′ ′′ (Lat. 59 38 42 N, long. 151 28 42 W) toxicity, exposure, bioavailability, and telephone (301) 504–0994, extension Kachemak NDB environmental effects of flame retardant 1383; fax (301) 504–0079. For (Lat. 59°38′29′′ N, long. 151°30′01′′ W) (‘‘FR’’) chemicals that may be suitable information about the schedule for Homer Localizer submission of written comments, (Lat. 59°39′07′′ N, long. 151°27′31′′ W) for use in residential upholstered furniture, particularly in upholstery requests to make oral presentations, and Within a 4.2 mile radius of the Homer submission of texts of oral Airport and within 1.9 miles either side of fabrics. The Commission seeks written comments and oral presentations from presentations, call or write Rockelle the Homer localizer northeast backcourse Hammond, Office of the Secretary, extending from the localizer to 7.2 miles individuals, associations, firms, and northeast of the Homer localizer, and within government agencies, with substantiated Consumer Product Safety Commission, 2.4 miles north and 4.2 miles south of the information or technical comments on Washington, D.C. 20207; telephone Kachemak NDB 235° radial extending from these topics. The Commission will (301) 504–0800, extension 1232; fax the Kachemak NDB to 8.3 miles southwest evaluate the information obtained from (301) 504–0127. the Kachemak NDB. This Class E airspace the hearing as part of its deliberations SUPPLEMENTARY INFORMATION: In 1994, area is effective during the specific dates and times established in advance by a Notice to on whether to propose a standard to the U.S. Consumer Product Safety Airmen. The effective date and time will address the hazard associated with Commission (‘‘CPSC’’) initiated a thereafter be continuously published in the small open flame ignitions of regulatory proceeding to address the Supplement Alaska (Airport/Facility upholstered furniture. hazard of small open flame ignitions of Directory). DATES: The hearing will begin at 10:00 upholstered furniture. 59 FR 30735 * * * * * a.m. on Tuesday, May 5, 1998, and, if (June 15, 1994). Small open flame necessary, conclude on May 6, 1998. sources include, for example, cigarette Paragraph 6005 Class E airspace extending lighters, matches, and candles. Such upward from 700 feet or more above the Requests to make oral presentations, surface of the earth. and the text of the presentation, must be ignitions of upholstered furniture are received by the Office of the Secretary associated with an estimated 3,100 fires * * * * * no later than April 21, 1998. Persons resulting in an estimated 100 deaths, AAL AK E5 Homer, AK planning to testify at the hearing should 460 injuries, and $50 million in Homer Airport, AK submit 10 copies of the entire text of property damage per year in the U.S. (Lat. 59°38′42′′ N, long. 151°28′42′′ W) their prepared remarks to the The CPSC staff believes that a small Kachemak NDB Commission no later than April 21, open flame performance standard for (Lat. 59°38′29′′ N, long. 151°30′01′′ W) 1998, and provide an additional 50 upholstered furniture could effectively Homer Localizer reduce the risk of death, injury, and ° ′ ′′ ° ′ ′′ copies for dissemination on the date of (Lat. 59 39 07 N, long. 151 27 31 W) the hearing. Written comments that are property loss resulting from small flame That airspace extending upward from 700 in place of, or in addition to oral ignitions (1).1 feet above the surface within a 6.7 mile presentations, must be received by the radius of the Homer Airport and within 4 1 miles either side of the Homer localizer Office of the Secretary no later than May Numbers in parentheses refer to documents 5, 1998. Written comments must listed at the end of this document. The documents northeast backcourse extending from are available at the Commission’s Public Reading localizer to 12 miles northeast of the Homer include the author’s affiliation with, or Room, 4330 East-West Highway, room 419, localizer, and within 8 miles north and 4.2 employment or sponsorship by, any Bethesda, Maryland 20814. For information call the miles south of the Kachemak NDB 235° radial professional organization, government Office of the Secretary at (301) 504–0800. 13018 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules

The small open flame standard that developmental toxicity, and generally not more toxic than the smoke the staff is considering would be a neurotoxicity. 16 CFR 1500.3(c)(ii). The from non-FR-treated products (2). performance standard that specifies a dose response is a measure of the However, the Commission seeks requirement for flame resistance, but potency of a given FR chemical. additional information on this issue. would not specify how furniture would Exposure is the amount of FR chemical Other Uses of FR Chemicals have to be constructed to meet the that may come into contact with standard. Manufacturers would be free consumers. Bioavailability is the Although FR chemicals are not to choose the means of complying with amount of FR chemical that is absorbed currently used in most residential the standard. They could use inherently by the body. A given FR chemical upholstered furniture, they are used in flame resistant textiles or apply FR would not present a hazard to a number of other applications. FR treatments. Many different FR chemicals consumers unless it is toxic, there is treatments may be used in some and combinations of chemicals are sufficient exposure, and enough is commercial grade upholstered furniture, potentially available. FR chemicals absorbed by the body to exceed the carpets, wall coverings, and automobile could be incorporated within fibers, acceptable daily intake. See 15 U.S.C. and airplane upholstery. FR chemicals applied to the surface of the textile, or 1261 (f)(1)(A); 16 CFR 1500.135. are used in other textile products, such applied to the back of the textile in the The staff believes that in many cases, as workwear and children’s sleepwear, form of a polymeric coating. Most cover the FR chemicals would be applied in and in a wide variety of plastic fabrics currently used in upholstered the form of a polymeric back-coating. containing products, such as printed furniture would require treatment with Thus, exposure would depend on the circuit boards, and television and FR chemicals to pass the small open ability of the FR chemical to migrate to computer cabinets. FR chemicals are flame standard being considered by the surface of the fabric. The back- also used in upholstered furniture sold CPSC staff. Thus, a small open flame coating is expected to reduce exposure in California and the United Kingdom to standard could result in the widespread because the FR chemical most comply with certain flammability use of FR chemicals in upholstered commonly seen in the FR-treated fabrics requirements. Experience gained with furniture manufactured for household to date is incorporated into the polymer these other applications may be relevant use. and the polymer is on the back of the to upholstered furniture. The fabric. However, exposure might occur Possible Toxicity of FR Chemicals Commission solicits information from if the FR chemicals could be extracted those familiar with these applications. The Commission is interested in during cleaning, or as a result of wear information about the possible toxicity or abrasion or by contact with other Request for Information of FR chemicals for several reasons. In liquids. addressing the hazard associated with The CPSC staff reviewed all available To obtain information relevant to the small flame ignition of upholstered data on the acute and chronic toxicity these questions, the Commission will furniture, the Commission staff is of 16 FR chemicals (2). Based on the conduct a public hearing on May 5–6, working to develop a performance available data, the staff determined that 1998. The Commission solicits written standard without creating additional 15 of the 16 FR chemicals considered comments and oral presentations of health hazards to consumers or workers would not present a hazard to scientific and technical information, or harming the environment. The CPSC consumers. Seven of the chemicals including unpublished toxicity studies, staff preliminarily considered the would not be considered ‘‘toxic’’ under from all interested parties on the possible toxicity of FR chemicals to the FHSA. Others would not be following topics: consumers. The staff believes that expected to present a hazard due to low I. FR Chemicals certain FR chemicals could probably be exposure or low bioavailability. used without presenting a hazard to However, these conclusions could A. FR chemicals and treatments that consumers (2). However, some change if additional information became are potentially suitable for use in questions remain, such as whether there available that indicated certain complying with the small open flame is additional information on the chemicals could present a hazard. For standard. chemicals the staff considered, possible some chemicals, only limited 1. Are there any FR chemicals or hazards posed by new FR chemicals, the information was available on toxicity, classes of FR chemicals included in the environmental impact of FR chemical exposure, or bioavailability. staff’s review (see reference 2) that usage and disposal, and the potential for Furthermore, other FR chemicals not would not be suitable for upholstered worker exposure. Another issue is the reviewed by the staff may be available furniture fabrics or barriers? possible smoke toxicity of FR-treated for use in upholstered furniture. 2. Are there any chemicals that would furniture. Therefore, the Commission is A related issue is whether the smoke be suitable for upholstered furniture but requesting additional information on from FR-treated furniture could be more were not included in the staff’s review? these issues before considering a toxic than the smoke from non-FR- proposed rule. treated furniture. Only the upholstery 3. How would each type of FR The Federal Hazardous Substances fabric would be treated with FR treatment be applied, that is, Act (‘‘FHSA’’) and the Commission’s chemicals. Although the standard under incorporated into the fiber, surface chronic hazard guidelines provide consideration would require treatment, or back coating? guidance for determining whether a upholstered furniture to resist ignition 4. With what types of fibers and given FR chemical would present a from a small open flame, the furniture fabrics can each FR treatment be used? hazard to consumers. 15 U.S.C. 1261 could still ignite in a larger fire. Smoke B. FR chemicals that are currently (f)(1)(A); 16 CFR 1500.135. Under the toxicity must be considered because used in other applications to which FHSA, toxicity, dose response, most fire-related deaths are due to consumers may be exposed (such as exposure, and bioavailability must be smoke inhalation, rather than burns. children’s sleepwear, commercial grade considered in assessing the potential The staff reviewed all available data on furniture, carpet, and wall coverings, hazard to consumers. Toxicity includes the smoke toxicity of FR-treated automobile and airplane upholstery, acute toxicity, as well as chronic health products, and it determined that the and residential furniture sold in effects such as cancer, reproductive/ smoke from FR-treated products was California and the U.K). Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules 13019

1. Would any of these chemicals not 3. How tightly would various FR would be subject and the likely cost of reviewed by the staff be suitable for chemicals be bound to or within the complying with them. upholstered furniture? fabric or back-coating? D. Any special disposal requirements 2. How does experience gained with 4. How would exposure to light, when household furniture reaches the these applications address outstanding including ultraviolet and infrared, affect end of its useful life and any adverse issues with upholstered furniture? exposure to FR treatments? impacts that disposal might have on the II. Toxicity 5. Some FR treatments are considered environment or human health. to have low bioavailability due to high E. If adopted, a small open flame A. Data or analyses, such as molecular weight. Could these FR standard could increase the overall unpublished industry-sponsored chemicals degrade over time? production of FR chemicals. Beyond studies, relating to the toxicity, dose what is addressed in the previous IV. Occupational Issues response, bioavailability, or exposure of questions, are there any known or likely FR chemicals (both existing studies and A. Processes likely to be used to apply environmental effects from the those that are planned or underway). FR chemicals to the textiles used in manufacture, use, or disposal of FR B. Federal, state, and international upholstered furniture. chemicals for use in upholstered programs for evaluating new and B. Effect of FR chemicals or furniture? existing FR chemicals. treatments on workers who would be 1. How can these programs limit the applying them to textiles or during the List of Relevant Documents introduction of new hazardous FR manufacture of upholstered furniture. (Documents may be obtained from the chemicals that would be used in 1. In industries where FR chemicals Office of the Secretary or from the upholstered furniture? are currently used, what controls exist CPSC’s web site at www.cpsc.gov.) 2. Are any FR chemicals considered to protect workers? 1. Briefing memorandum from Dale R. ‘‘toxic’’ or ‘‘hazardous’’ under any 2. What federal or state regulations are Ray, Project Manager, Directorate for current federal or state programs, such these industries subject to that are Economic Analysis, to the Commission, as the Environmental Protection Agency designed to protect workers? ‘‘Upholstered Furniture Flammability: (‘‘EPA’’), Occupational Safety and C. Any controls that currently exist to Regulatory Options for Small Open Health Administration (‘‘OSHA’’), and protect workers from exposure to other Flame and Smoking Material Ignited Department of Transportation (‘‘DOT’’)? chemicals or particles in the textile and 3. Are any FR chemicals currently on Fires,’’ October 24, 1997. upholstered furniture industry. 2. Memorandum from Lakshmi C. any regulatory lists, such as under the 1. What federal or state regulations are Mishra, Ph.D., Directorate for Resource Conservation and Recovery textile and furniture manufacturers Act (‘‘RCRA’’), the Comprehensive Epidemiology and Health Sciences, to currently subject to that are designed to Dale Ray, Project Manager, ‘‘Toxicity of Environmental Response, protect workers? Compensation, and Liability Act Flame Retardant Chemicals (FR’s) Used 2. Would manufacturers be subject to in Upholstered Fabrics and the Toxicity (‘‘CERCLA’’), Toxic Release Inventory any additional regulations if FR (‘‘TRI’’), or the California Safe Drinking of the Smoke from FR-treated Fabrics,’’ chemicals were introduced? October 1, 1997. Water and Toxic Enforcement Act of 3. What additional controls, if any, Dated: March 11, 1998. 1986 (‘‘Proposition 65’’)? would be required to protect workers 4. If any are listed, what is the from exposure to FR chemicals in these Sadye E. Dunn, significance, if any, of being on the industries? Secretary, Consumer Product Safety particular list, with regard to D. Cost of complying with additional Commission. upholstered furniture? [FR Doc. 98–6904 Filed 2–16–98; 8:45 am] C. Data or analyses relating to the regulations and implementing BILLING CODE 6355±01±P smoke toxicity of FR-treated products, additional controls to protect workers, other than what was discussed in the resulting from the use of FR chemicals staff toxicity review (including the need in upholstered furniture, especially for small companies. CONSUMER PRODUCT SAFETY for any additional studies). COMMISSION III. Exposure and Bioavailability IV. Environmental Issues 16 CFR Part 1700 A. Possible consumer exposure to FR A. Federal or state environmental chemicals in upholstered furniture. regulations to which textile and Requirements for Child-Resistant 1. What scenarios and routes of upholstered furniture manufacturers are Packaging; Minoxidil Preparations exposure need to be considered to currently subject. With More Than 14 mg of Minoxidil Per adequately assess consumer exposure to 1. What environmental controls, if Package FR chemicals? any, currently exist in these industries? 2. What must be considered to 2. What additional federal or state AGENCY: Consumer Product Safety adequately assess exposure to children regulations would textile and furniture Commission. in particular? manufacturers be subject to, if FR ACTION: Proposed rule. B. Studies relating to bioavailability of chemicals were introduced? FR chemicals, such as dermal 3. What additional environmental SUMMARY: The Commission is proposing absorption studies, that were not cited controls, if any, would be required? a rule to require child-resistant (‘‘CR’’) in the staff review. B. Cost of complying with additional packaging for minoxidil preparations C. Effect of aging and cleaning of environmental regulations and containing more than 14 mg of furniture on exposure to FR chemicals. implementing additional environmental minoxidil in a single package. The 1. Would the back-coating degrade controls, resulting from the introduction Commission has preliminarily over time? If so, under what of FR chemicals into upholstered determined that child-resistant circumstances? furniture, especially for small packaging is necessary to protect 2. Would cleaning with aqueous or companies. children under 5 years of age from non-aqueous agents extract FR C. Federal or state transportation serious personal injury and serious chemicals? regulations to which FR chemicals illness resulting from handling or 13020 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules ingesting a toxic amount of minoxidil. panel of 200 children cannot open it applied twice a day. The total contents The Commission takes this action under without a demonstration and 80 percent of the package is 3000 milligrams. the authority of the Poison Prevention cannot open it with a demonstration) The Commission is aware of ten Packaging Act of 1970. and senior-friendly (‘‘SF’’) (90 percent manufacturers that have FDA’s approval DATES: Comments on the proposal of a panel of 100 adults ages 50 to 70 to market the OTC two percent should be submitted no later than June must be able to open the packaging in minoxidil solution. In addition, the 1, 1998. a 5 minute test period and open and (if Commission knows of six other appropriate) properly resecure it in a 1 companies—probably repackagers or ADDRESSES: Comments should be minute test). 16 CFR 1700.20(a)(2) and relabelers—that sell the OTC minoxidil mailed to the Office of the Secretary, (3). formulation. The year after FDA Consumer Product Safety Commission, Section 4(a) of the PPPA, 15 U.S.C. approved OTC status for topical Washington, D.C. 20207, or delivered to 1473(a), allows the manufacturer or minoxidil preparations, retail sales of the Office of the Secretary, Consumer packer to package a nonprescription topical minoxidil were about $200 Product Safety Commission, Room 502, product subject to special packaging million (approximately 8 million 4330 East-West Highway, Bethesda, standards in one size of non-CR packages).(3) Maryland 20814–4408, telephone (301) packaging only if the manufacturer (or Topical minoxidil formulations are 504–0800. Comments may also be filed packer) also supplies the substance in generally packaged either for men or for by telefacsimile to (301) 504–0127 or by CR packages of a popular size, and the women. Although the formulations are email to [email protected]. non-CR packages bear conspicuous the same, the packaging and FOR FURTHER INFORMATION CONTACT: labeling stating: ‘‘This package for instructions are different. All the bottles Suzanne Barone, Ph.D., Division of households without young children.’’ 15 the Commission is aware of are secured Health Sciences, Directorate for U.S.C. 1473(a), 16 CFR 1700.5. with CR/SF continuous threaded Epidemiology and Health Sciences, closures. In addition to the primary Consumer Product Safety Commission, 2. Minoxidil closure, the packages the Commission Washington, D.C. 20207; telephone Topical minoxidil is a liquid staff examined contain one or more (301) 504–0477 ext. 1196. medication that is applied to the scalp applicators that are reasonably expected SUPPLEMENTARY INFORMATION: to stimulate hair regrowth for to be used to replace the primary individuals with a common form of closure once the product has been used A. Background genetic hair loss (androgenetic for the first time. 1. Relevant Statutory and Regulatory alopecia). In February 1996, the Food The Commission staff examined nine Provisions and Drug Administration (‘‘FDA’’) topical minoxidil packages for men. approved the sale of topical minoxidil These packages contained dropper The Poison Prevention Packaging Act as an over-the-counter (‘‘OTC’’) drug applicators. In six of these, the droppers of 1970 (‘‘PPPA’’), 15 U.S.C. 1471–1476, available without a prescription. There were CR/SF, the other three droppers authorizes the Commission to establish is also a tablet form of minoxidil for were non-CR. Four of the packages for standards for the ‘‘special packaging’’ of treatment of severe hypertension that is men also contained a metered finger any household substance if (1) the available only by prescription. Like mechanical sprayer applicator (hereafter degree or nature of the hazard to most oral prescription drugs, the referred to as a ‘‘finger sprayer’’) in children in the availability of such prescription form of minoxidil must be addition to the dropper applicator. The substance, by reason of its packaging, is in special packaging. 16 CFR finger sprayer releases the solution in a such that special packaging is required 1700.14(a)(10). However, special mist which the package insert claims to protect children from serious packaging is not required for topical may be more useful than a dropper for personal injury or serious illness drugs unless the Commission takes broader areas of hair loss. None of the resulting from handling, using, or specific action to require it. finger sprayers are CR.(4) ingesting such substance and (2) the Topical minoxidil first became Hair loss for women occurs as a special packaging is technically feasible, available by prescription in 1988. The thinning of the hair over a broad area on practicable, and appropriate for such OTC preparation is currently marketed the top of the scalp rather than at the substance. as a two percent solution in 60 percent vertex. All four of the topical minoxidil Special packaging, also referred to as alcohol, propylene glycol, and water. packages for women that the staff ‘‘child-resistant’’ (‘‘CR’’) packaging, is The package instructions direct the user examined contained the metered finger (1) designed or constructed to be to apply one milliliter (20 milligrams of mechanical sprayer applicator. Two significantly difficult for children under minoxidil) to the scalp twice a day. This products for women included a CR/SF 5 years of age to open or obtain a toxic application generally must continue for dropper in addition to the finger or harmful amount of the substance four months for there to be any sprayer. Three packages for women contained therein within a reasonable noticeable hair growth. Continuous included an extender attachment to fit time and (2) not difficult for ‘‘normal application is necessary to maintain the onto the finger sprayer applicator adults’’ to use properly. 15 U.S.C. newly grown hair. The most prevalent allowing the solution to be applied 1471(4). Household substances for package size contains 60 milliliters of closer to the scalp than the pump spray which the Commission may require CR the preparation (1200 milligrams of alone would manage. Neither the finger packaging include (among other minoxidil) which is a 30-day supply if sprayers nor the extenders in the categories) foods, drugs, or cosmetics as used as directed.(2) 1 On November 14, packages intended for women were these terms are defined in the Federal 1997, the FDA approved for OTC use a CR.(4) Food, Drug, and Cosmetic Act (21 U.S.C. 5% minoxidil solution for men. The 3. CR Packaging for Applicators 321). 15 U.S.C. 1471(2)(B). The package size is also 60 milliliters, and Commission has performance the recommended dosage is one Because the topical minoxidil requirements for special packaging. 16 milliliter (50 milligrams of minoxidil) formulations are packaged with CFR 1700.15, 1700.20. Under these applicators that are reasonably expected requirements, most special packaging 1 Numbers in parentheses refer to documents to replace the primary closure of the must be child-resistant (85 percent of a listed at the end of this document. product after its first use, the question Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules 13021 arises whether the applicators recognized the potential problem posed requirements. As stated above, the themselves must be CR if the by applicators used to replace original Commission agrees with the staff’s Commission requires CR packaging for closures. Accordingly, the staff advised longstanding interpretation that special the product. The Commission has not that dropper bottles are not excepted packaging requirements extend to previously addressed this issue. from the PPPA’s requirements. In 1974, applicators reasonably expected to Under the PPPA, a ‘‘package’’ is the the staff advised the Arizona State replace primary closures when used and ‘‘immediate container’’ that holds a Board of Pharmacy that if a stored in the home. substance when it is located in the manufacturer of prescription drugs B. Toxicity of Minoxidil household. Specifically, the term dispensed with droppers could not ‘‘package’’ is defined as: provide CR closures incorporating the The Commission’s Directorate for the immediate container or wrapping in dropper, the drug could be packaged Epidemiology and Health Sciences which any household substance is contained with a conventional CR closure reviewed the toxicity of minoxidil. This for consumption, use, or storage by accompanied by a separate non-closing includes both information concerning individuals in or about the household. dropper. (See letter to Alfred J. Duncan, the therapeutic ingestion of prescription 15 U.S.C. 1471(3). The focus of this Executive Secretary of the Arizona State minoxidil tablets to treat hypertension definition is on how the product is Board of Pharmacy from Robert Poth, and ingestion of topical minoxidil. In packaged in the home where it is April 11, 1974.) This position was either form, when it is ingested, ‘‘contained for consumption, use or reiterated in an internal staff minoxidil is rapidly and almost storage’’ rather than its packaging in the memorandum stating ‘‘when a completely (over 95 percent) absorbed store. This is fully consistent with the prescription drug is packaged in a by the gastrointestinal tract and is purpose of the statute, to reduce child dropper bottle, it is the dropper bottle distributed systematically throughout poisonings from available household that is the ‘package’ and any packaging the body. In contrast, minoxidil is very substances. exterior to this cannot be considered the poorly absorbed through the skin, and The exclusions from the definition of ‘package.’ ’’ The memo continues: insufficient levels of minoxidil reach ‘‘package’’ also indicate that Congress ‘‘[U]ntil special packaging is available the bloodstream to cause effects on was concerned with the package as for the dropper unit itself, vascular and cardiac function. This is maintained in the home. Congress manufacturers should place the drug in why a topical solution of two percent excluded containers used only to a specially packaged bottle, with a minoxidil is considered safe when used on the skin as directed but can be transport the product. Thus, ‘‘package’’ separate dropper provided for proper harmful if ingested.(2) does not include: administration of the drug. However, in The tablet form of minoxidil is (A) any shipping container or wrapping our view, the separately provided prescribed for use as an used solely for the transportation of any dropper should not contain a cap, since antihypertensive drug. It lowers blood household substance in bulk or in quantity the consumer would be apt to use the pressure by relaxing the smooth muscle to manufacturers, packers, or processors, or dropper and noncomplying cap to wholesale or retail distributors thereof, or of the arteries. The body’s nervous permanently, and discard the special system responds by causing the heart to (B) any shipping container or outer cap.’’ (Memo from Poth and Lemberg, wrapping used by retailers to ship or deliver beat faster (tachycardia) and with more any household substance to consumers June 12, 1974.) The staff discussed this force (increased cardiac output) to unless it is the only such container or position with staff at the FDA a few compensate for the drop in blood wrapping. months later. The FDA staff agreed with pressure. Minoxidil tablets are typically Id. the Commission staff’s approach. used in combination with a β-adrenergic The legislative history of the statute (Memorandum of meeting between FDA blocking agent and a diuretic to also supports the view that the and CPSC representatives, October 15, maximize its effect on blood pressure ‘‘package’’ includes applicators that are 1974.) while minimizing associated side effects reasonably expected to be used as Because the Commission has not (the cardiac response and retention of closures in the home. The Senate previously addressed this question fluids).(2) Commerce Committee Report notes: explicitly in a regulation, the proposed The most prominent effects from ‘‘The term ‘package’ was defined here to rule that the Commission issues today therapeutic ingestion of minoxidil are [sic] in order to make explicit that expressly states that applicators increased heart rate, increased cardiac special packaging refers to that package packaged with topical minoxidil that are output and decreased blood pressure. in which the substance is kept in or reasonably expected to replace the When blood pressure becomes around the house.’’ S. Rep. 845, 91st original closures would be required to abnormally low (hypotension), it can Cong., 2d Sess. 9 (1970). be CR and SF. The Commission lead to lethargy and lightheadedness Thus, the Commission believes that recognizes that its other rules, such as with the possibility of damage to the when an applicator is packaged with a the rule covering oral prescription heart and other tissues with high oxygen product that requires CR packaging and drugs, do not contain such a provision. demand, if left untreated. Less frequent the applicator is reasonably expected to When previous special packaging rules effects include salt and fluid retention replace the original closure of the were issued, few packages contained and edema, aggravation of angina, and packaging, that applicator must also be applicators that could be used as pericardial effusion (massive fluid CR. This does not mean that every closures. Thus, previous rules did not accumulation around the heart) in applicator packaged with a substance expressly state that such applicator patients with renal impairment. requiring CR packaging must itself be closures are ‘‘packages’’ under the Repeated ingestion over several months CR. It is permissible for an applicator, PPPA. In order to clarify the issue, the can produce hypertrichosis such as a dropper, to be packaged with Commission proposes to include such a (overstimulated hair growth) a product so long as the applicator statement in the proposed rule for particularly to the face and to a lesser cannot be used to replace the original minoxidil. The lack of such a statement extent to the limbs and scalp. Less closure. in previous PPPA rules is not to be severe symptoms of nausea, headache, Early in the Commission’s construed to mean applicator closures fatigue, and dermatologic reactions have administration of the PPPA, the staff are exempt from special packaging been occasionally reported.(2) 13022 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules

Prescription minoxidil is available as specific code within the AAPCC gained access to the medication in these 2.5 mg, 5 mg, and 10 mg tablets. The database.) None of these four incidents cases, the hospital suspected that no effective dosage is usually between 0.2 led to serious toxicity. In 1996, the minoxidil was consumed.(2) to 1 mg/kg/day (roughly 5 to 40 mg/day number of reported cases increased to CPSC Databases for an adult) depending on the 43. One of these exhibited moderate individual and the desired effects. CPSC has several databases for poison antihypertensive response. Use in Because incidents involving incidents. The staff reviewed cases from children has been limited with a similar minoxidil tablets (rather than topical 1988 to 1997 in the National Electronic effective body weight-normalized dose solutions) are coded in a category that Injury Surveillance System (‘‘NEISS’’). range as adults (0.2 to 1 mg/kg/day). includes ‘‘other vasodilators,’’ it is not NEISS monitors emergency room visits Because of possible adverse effects, the possible to isolate incidents specific to to a statistically-based sample of maximum recommended daily minoxidil tablets. There were two selected hospitals throughout the therapeutic dosage is 100 mg in adults childhood ingestions of ‘‘other United States. One childhood poisoning and 50 mg for children under the age of vasodilators’’ reported in 1995 that case associated with minoxidil was 12.(2) resulted in a moderate toxicity.(2) reported in the NEISS database during that time period. This was an ingestion C. Incident Data FDA/SRS Database of an unknown quantity of topical The staff reviewed several sources for The SRS is a database maintained by minoxidil by a two-year-old male. The information of adverse health effects the FDA for reports of adverse reactions child was seen in an emergency room from ingestions of minoxidil. These detected after a drug goes on the market. with normal temperature, pulse, and sources are the American Association of Drug manufacturers are required to respiration and was released the same Poison Control Centers (‘‘AAPCC’’), the report any known incidents of adverse day without treatment. It is not known FDA Spontaneous Reporting System effects associated with their products. whether the minoxidil package was (‘‘SRS’’), published reports in the However, the incident reports are not secured with a child-resistant closure at medical literature, and reports from the verified by the FDA, and therefore, the the time of the incident.(2) injury surveillance databases adverse effects may reflect underlying The staff also reviewed CPSC’s Injury maintained by the Commission. The diseases or reactions to multiple drugs. and Potential Injury Incident (‘‘IPII’’) most commonly cited injuries are There have been 16,795 SRS reports files of consumer product-related prolonged hypotension and tachycardia on topical minoxidil between 1983 and incidents reported through letters, that require hospitalization. There were March 1997. Most of the reported telephone calls, media articles and reports of two deaths associated with adverse effects were dermal reactions to Death Certificate files of consumer minoxidil overdose. excessive application of topical product-related deaths. There were no minoxidil to the scalp. However, FDA minoxidil-related injuries or deaths AAPCC Data specifically cited five overdose found in these databases for the 1988 to The AAPCC collects reports made to ingestion cases involving topical 1997 time period.(2) participating poison control centers minoxidil. Three of these led to serious Medical Literature throughout the United States. A outcomes.(2) retrospective study evaluated AAPCC One of these cases was a suicide in Five case reports of injuries following records of all minoxidil exposures from which an adult male ingested the minoxidil ingestion were found in the 1985 through 1991. (The study did not contents of five bottles (6 grams in 300 published literature. Two cases distinguish between ingestions of ml) of topical minoxidil and died. No involved young children. In one minoxidil tablets and topical solution.) other details were provided. A second instance, a two-year-old ingested an During this time period, 285 incidents case was an adult male who mistakenly unconfirmed number of minoxidil were reported. About half (51 percent) ingested 15–20 ml (300—400 mg) of tablets. In the second instance, a three- of these occurred in children under six topical minoxidil and experienced year-old swallowed an estimated 1–2 years of age. Most of the 285 incidents fainting, severe hypotension, cardiac milliliters of three percent minoxidil were reportedly accidental ingestions effects, and acute renal failure. The solution (30–60 milligrams). Both (80%) and some involved co-ingestions person was taking anti-hypertensive children were seen at hospitals (21%) of other substances. The most medication at the time of the poisoning experiencing moderate tachycardia but frequently reported adverse effects from but no other details of his prior medical no other reported abnormalities. The 16 incidents involving moderate to condition were cited. The third case was three other reports were intentional severe poisoning were hypotension an ingestion of topical minoxidil by a ingestions by adults of minoxidil tablets (69%), tachycardia (38%), and lethargy two-year-old child. She was found with (one case) or two percent liquid (two (31%) with 44% requiring medical an empty bottle that had been full cases). The latter two cases involved treatment. Most of the more serious earlier. She was admitted to an consumption of several hundred poisonings were intentional ingestions intensive care unit in a lethargic state milligrams of minoxidil (10–20 mg/kg) (69%) and involved co-ingestions with a pulse of 160 (above normal along with alcohol and, in one case, (81%). It was not reported how many of range), blood pressure of 106/60 (within several other substances. The clinical these incidents occurred in children. normal limits), but was discharged the courses were similar. A few hours after There was one reported death caused by same day. The amount of minoxidil ingestion, each individual was admitted an intentional ingestion of minoxidil actually ingested was never to a hospital, usually in a disoriented with other vasodilators, and established.(2) and unresponsive state. They became acetaminophen.(2) In addition, two possible childhood moderately to severely hypotensive with CPSC obtains annual AAPCC data on ingestions of topical minoxidil were tachycardia and elevated cardiac output. pediatric exposures to children under reported in SRS to result in hospital Medical treatment was administered six years of age. Four accidental visits. In both incidents, no adverse and the patient’s cardiac and vascular ingestions of topical minoxidil liquid outcomes were recorded but the signs eventually normalized over the were reported in 1995. (Prior to 1995, children were retained at the hospital next 36 to 72 hours. In each instance, it topical minoxidil was not given a for observation. While the children was concluded that minoxidil was Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules 13023 primarily responsible for the observed developed and implemented by the needed so that it would operate with the effects, and that co-ingested substances effective date to produce packaging that CR finger sprayer.(4) were not consumed in amounts conforms to the standards. Practicability sufficient to cause the reported means that special packaging complying 3. Other Considerations symptoms.(2) with the standards can utilize modern In establishing a special packaging mass production and assembly line D. Level for Regulation standard under the PPPA, the techniques. Packaging is appropriate Commission must consider the The Commission is proposing a rule when complying packaging will following: that would require special packaging for adequately protect the integrity of the minoxidil products containing more substance and not interfere with its a. The reasonableness of the standard; than 14 mg of minoxidil in a single intended storage or use. b. Available scientific, medical, and package. This is based on the maximum a. Primary Product Containers engineering data concerning special recommended therapeutic dose of packaging and concerning childhood minoxidil for an adult. The 14 mg dose The primary product containers for all accidental ingestions, illness, and injury level corresponds to 1.4 mg/kg for a 10 topical minoxidil products that the caused by household substances; kg child. The equivalent minoxidil dose Commission is aware of have c. The manufacturing practices of for the average 70 kg adult would be continuous threaded reclosable industries affected by the PPPA; and approximately 100 mg. The regulated packaging. All of these closures that the dose level is expected to reasonably staff examined were CR and SF. Thus, d. The nature and use of the protect children under five years of age it is clear that CR packaging for primary household substance. 15 U.S.C. 1472(b). product containers is technically from serious personal injury or The Commission has considered these feasible, practicable and appropriate.(4) illness.(2) factors with respect to the various E. Statutory Considerations b. Applicators determinations made in this notice, and As discussed above, topical minoxidil preliminarily finds no reason to 1. Hazard to Children packages contain applicators—droppers conclude that the rule is unreasonable As noted above, the toxicity data and/or metered finger mechanical or otherwise inappropriate. concerning ingestion of minoxidil sprayers—which it is reasonable to F. Effective Date demonstrate that minoxidil can cause expect may replace the original serious illness and injury to children. closures. Eight products have droppers The PPPA provides that no regulation Moreover, it is available to children in that are CR and SF. This indicates that shall take effect sooner than 180 days or OTC topical minoxidil preparations. such droppers are technically feasible, later than one year from the date such Although as far as the Commission is practicable and appropriate.(4) final regulation is issued, except that, aware, all primary product containers The Commission knows of eight for good cause, the Commission may for topical minoxidil products currently minoxidil products that include a non- establish an earlier effective date if it use CR packaging, all applicators are not CR finger sprayer. Child-resistance for a determines an earlier date to be in the CR. Some packages contain applicators finger sprayer means that it must be public interest. 15 U.S.C. 1471n. meant to be used as closures after first significantly difficult for children to (1) use which are not CR. The Commission remove the finger sprayer closure from Senior-friendly special packaging is preliminarily concludes that a the container and (2) activate the finger currently commercially available for regulation is needed to ensure that sprayer mechanism to obtain an amount most types of CR packaging. Primary products subject to the regulation, above the regulated level. One product containers for topical minoxidil including applicators which it is packaging manufacturer has developed are already CR and SF. Most droppers reasonable to expect may be used to a prototype CR metered finger sprayer that can be used to replace the original replace the original closures, will be applicator which the manufacturer closures are also CR and SF. One placed in CR packaging by any current believes can be modified to pass senior packaging manufacturer has developed as well as new manufacturers. adult effectiveness testing in a prototype CR finger sprayer that the Pursuant to section 3(a) of the PPPA, approximately 12 months. Additional manufacturer believes can be modified 15 U.S.C. 1472(a), the Commission time may be required to provide to pass senior adult effectiveness testing preliminarily finds that the degree and commercial quantities of this type of in approximately 12 months. Additional nature of the hazard to children from packaging. As discussed above, an time may be required to provide handling or ingesting minoxidil is such applicator that cannot be used as a commercial quantities of this type of that special packaging is required to closure does not need to be CR.(4) packaging. Modifications to the protect children from serious illness. Three products for women also extender would likely require a similar The Commission bases this finding on contain an extender to be used with the amount of time. Thus, the Commission the toxic nature of minoxidil products finger sprayer. Under the proposed rule, proposes that a final rule would take and their accessibility to children in the when the extender is attached to the effect (1) six months after publication of home. finger sprayer, this applicator the final rule for primary closures and mechanism must be CR. That is, it must dropper applicators and (2) 12 months 2. Technical Feasibility, Practicability, be significantly difficult for children to after publication of the final rule for and Appropriateness (1) remove the combined finger sprayer metered finger sprayer applicators and In issuing a standard for special and extender from the container and (2) extenders. The Commission also packaging under the PPPA, the activate the combined finger sprayer proposes that if additional time is Commission is required to find that the and extender to obtain an amount above necessary to produce commercial special packaging is ‘‘technically the regulated level. Currently no finger quantities, manufacturers could request feasible, practicable, and appropriate.’’ sprayers with extenders are CR. As a temporary stay of enforcement for the 15 U.S.C. 1472(a)(2). Technical noted above, CR/SF finger sprayer could finger sprayer and extender. A final rule feasibility may be found when be developed within 12 months. Some would apply to products that are technology exists or can be readily modifications to the extender may be packaged on or after the effective date. 13024 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules

G. Regulatory Flexibility Act H. Environmental Considerations In accordance with Executive Order Certification Pursuant to the National 12612 (October 26, 1987), the Environmental Policy Act, and in Commission certifies that the proposed When an agency undertakes a rule does not have sufficient rulemaking proceeding, the Regulatory accordance with the Council on Environmental Quality regulations and implications for federalism to warrant a Flexibility Act, 5 U.S.C. 601 et seq., Federalism Assessment. generally requires the agency to prepare CPSC procedures for environmental proposed and final regulatory flexibility review, the Commission has assessed List of Relevant Documents the possible environmental effects analyses describing the impact of the 1. Briefing memorandum from Val associated with the proposed PPPA rule on small businesses and other small Schaeffer, Ph.D., EH, to the requirements for minoxidil-containing entities. Section 605 of the Act provides Commission, ‘‘Proposed Rule to Require products. that an agency is not required to prepare Child-Resistant Packaging for Topical The Commission’s regulations state a regulatory flexibility analysis if the Minoxidil,’’ February 10, 1998. that rules requiring special packaging head of an agency certifies that the rule 2. Memorandum from Val Schaeffer, for consumer products normally have will not have a significant economic Ph.D., EH, to Marilyn Wind, Ph.D., little or no potential for affecting the impact on a substantial number of small Director, Health Sciences Division, human environment. 16 CFR entities. ‘‘Toxicity Assessment of Topical 1021.5(c)(3). Nothing in this proposed Minoxidil,’’ November 14, 1997. The Commission’s Directorate for rule alters that expectation.(3) 3. Memorandum from Marcia P. Economic Analysis prepared a Therefore, because the rule would have Robins, EC, to Val Schaeffer, Ph.D., EH, preliminary assessment of the impact of no adverse effect on the environment, ‘‘Economic Considerations of a Proposal a rule to require special packaging neither an environmental assessment to Require Child-Resistant Packaging for topical minoxidil products containing nor an environmental impact statement Drug Preparations Containing more than 14 mg of minoxidil in a is required. single package. Minoxidil,’’ January 5, 1998. This assessment reports that the staff I. Executive Orders 4. Memorandum from Charles Wilbur, is aware of 16 marketers of minoxidil- According to Executive Order 12988 EH, to Val Schaeffer, Ph.D., EH, containing products. Ten of these are (February 5, 1996), agencies must state ‘‘Technical Feasibility, Practicability, manufacturers, and two of the ten are in clear language the preemptive effect, and Appropriateness Determination for small companies.(3) if any, of new regulations. the Proposed Rule to Require Special Packaging for Products Containing As mentioned above, at the present The PPPA provides that, generally, Minoxidil,’’ December 16, 1997. time, the primary packaging for all when a special packaging standard 5. Memorandum from Michael T. topical minoxidil products is CR. Thus, issued under the PPPA is in effect, ‘‘no Bogumill, CRM, to Val Schaeffer, Ph.D., there will be no additional cost to State or political subdivision thereof EH, ‘‘Special Packaging of Oral existing firms to use CR primary shall have any authority either to Prescription Drugs in Dropper Bottles,’’ packaging. Firms entering the market in establish or continue in effect, with December 17, 1997. the future will find readily available CR respect to such household substance, primary packaging at prices competitive any standard for special packaging (and List of Subjects in 16 CFR Part 1700 with non-CR packaging.(3) any exemption therefrom and requirement related thereto) which is Consumer protection, Drugs, Infants Similarly, companies now using CR not identical to the [PPPA] standard.’’ and children, Packaging and containers, dropper applicators that can be used as 15 U.S.C. 1476(a). A State or local Poison prevention, Toxic substances. closures will not incur any additional standard may be excepted from this For the reasons given above, the cost. For other companies to switch preemptive effect if (1) the State or local Commission proposes to amend 16 CFR from non-CR droppers, there is an standard provides a higher degree of part 1700 as follows: estimated 5 cent incremental cost of a protection from the risk of injury or CR dropper compared with a non-CR PART 1700Ð[AMENDED] illness than the PPPA standard; and (2) dropper. This cost is small relative to the State or political subdivision applies 1. The authority citation for part 1700 the retail price of a minoxidil product to the Commission for an exemption continues to read as follows: ($6–$30).(3) from the PPPA’s preemption clause and Because there are no CR metered Authority: Pub. L. 91–601, secs. 1–9, 84 the Commission grants the exemption Stat. 1670–74, 15 U.S.C. 1471–76. Secs. finger mechanical sprayer applicators or through a process specified at 16 CFR 1700.1 and 1700.14 also issued under Pub. L. extenders currently on the market, the Part 1061. 15 U.S.C. 1476(c)(1). In 92–573, sec. 30(a), 88 Stat. 1231. 15 U.S.C. staff has no information on the addition, the Federal government, or a 2079(a). incremental cost of senior friendly CR State or local government, may establish 2. Section 1700.14 is amended by finger sprayers and extenders.(3) Firms and continue in effect a non-identical do have the option of supplying only a adding new paragraph (a)(28) to read as special packaging requirement that follows (although unchanged, the CR/SF dropper applicator. They also provides a higher degree of protection could supply any type of applicator that introductory text of paragraph (a) is than the PPPA requirement for a included for context): cannot be used as a closure. household substance for the Federal, Based on this assessment, the State or local government’s own use. 15 § 1700.14 Substances requiring special Commission preliminarily concludes U.S.C. 1476(b). packaging. that the proposed requirement for Thus, with the exceptions noted (a) Substances. The Commission has minoxidil products would not have a above, the proposed rule requiring CR determined that the degree or nature of significant impact on a substantial packaging for products containing more the hazard to children in the availability number of small businesses or other than 14 mg minoxidil would preempt of the following substances, by reason of small entities. The Commission seeks non-identical state or local special their packaging, is such that special additional information on the possible packaging standards for such minoxidil packaging meeting the requirements of impact on small business. containing products. § 1700.20(a) is required to protect Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules 13025 children from serious personal injury or on January 7, 1998 (63 FR 695) with the Customs Service by designating Fort serious illness resulting from handling, comments on the proposal due by Myers, Florida, as a port of entry. The using, or ingesting such substances, and March 9, 1998. In response to requests new port of entry would include the special packaging herein required is from the Futures Industry Association, Southwest Florida International Airport, technically feasible, practicable, and the Managed Funds Association, the which is currently a user fee airport. appropriate for these substances: Investment Company Institute, and the The geographical boundaries of the new * * * * * New York Mercantile Exchange, the port will be the same as those of Lee (28) Minoxidil. Minoxidil Commission has determined to extend County, Florida. The change is being preparations for human use and the comment period on this proposal for proposed as part of Customs continuing containing more than 14 mg of an additional seven days. The extended program to obtain more efficient use of minoxidil in a single retail package shall deadline for comments on this proposed its personnel, facilities, and resources, be packaged in accordance with the rulemaking is March 16, 1998. In and to provide better service to carriers, provisions of § 1700.15 (a), (b) and (c). response to requests from the Futures importers and the general public. Any applicator packaged with the Industry Association, the Managed DATES: Comments must be received on minoxidil preparation and which it is Funds Association, the Investment or before May 18, 1998. reasonable to expect may be used to Company Institute, and the New York ADDRESSES: Written comments replace the original closure shall also Mercantile Exchange, the Commission (preferably in triplicate) may be comply with the provisions of § 1700.15 has determined to extend the comment submitted to the Regulations Branch, (a), (b) and (c). period on this proposal for an additional Office of Regulations and Rulings, U.S. * * * * * seven days. The extended deadline for Customs Service, Third Floor, 1300 Dated: March 11, 1998. comments on this proposed rulemaking Pennsylvania Avenue N.W., Sadye E. Dunn, is March 16, 1998. Washington, D.C. 20229. Any person interested in submitting Secretary, Consumer Product Safety FOR FURTHER INFORMATION CONTACT: Commission. written data, views, or arguments on the Harry Denning, Office of Field [FR Doc. 98–6773 Filed 3–16–98; 8:45 am] proposals should submit such views Operations, 202–927–0196. and comments by the specified date to BILLING CODE 6355±01±P SUPPLEMENTARY INFORMATION: Jean A. Webb, Secretary, Commodity Futures Trading Commission, Three Background COMMODITY FUTURES TRADING Lafayette Centre, 1155 21st Street, N.W., As part of a continuing program to COMMISSION Washington, DC 20581. In addition, obtain more efficient use of its comments may be sent by facsimile personnel, facilities, and resources, and 17 CFR Part 1 transmission to facsimile number (202) to provide better service to carriers, 418–5521, or by electronic mail to importers, and the general public, Proposed Rulemaking Concerning [email protected]. Customs is proposing to amend Account Identification for Eligible DATES: Comments must be received on §§ 101.3(b)(1) and 122.15(b), Customs Bunched Orders or before March 16, 1998. Regulations (19 CFR 101.3(b)(1) and AGENCY: Commodity Futures Trading FOR FURTHER INFORMATION CONTACT: 122.15(b)), by designating Fort Myers, Commission. Duane C. Andresen, Special Counsel, Florida, as a port of entry. The Lee Division of Trading and Markets, ACTION: Extension of comment period on County Port Authority of Florida Commodity Futures Trading proposed rulemaking. requested this designation. The Commission, Three Lafayette Centre, geographical boundaries of the new port SUMMARY: The Commodity Futures 1155 21st Street, NW, Washington, DC will be the same as those of Lee County, Trading Commission has reproposed to 20581. Telephone: (202) 418–5490. Florida, and will include the Southwest amend Commission Regulation 1.35(a– Issued in Washington, D.C., on this 11th Florida International Airport (hereafter 1) to permit eligible customer orders to day of March, 1998, by the Commodity known as SFIA). SFIA is currently a be placed on a contract market without Futures Trading Commission. user fee airport. individual customer account identifiers Jean A. Webb, The criteria used by Customs in either at the time of order placement or Secretary on the Commission. determining whether to establish a port the time of report of execution. [FR Doc. 98–6769 Filed 3–16–98; 8:45 am] of entry are found in T.D. 82–37 (47 FR Specifically, the proposal would exempt BILLING CODE 6351±01±M 10137), as revised by T.D. 86–14 (51 FR from the customer account 4559) and T.D. 87–65 (52 FR 16328). identification requirements of Under these criteria, which are not Regulation 1.35(a–1)(1), (2)(i), and (4) DEPARTMENT OF THE TREASURY absolute, a community requesting a port bunched futures and/or option orders of entry designation must: (1) placed by an eligible account manager Customs Service Demonstrate that the benefits to be on behalf of consenting eligible derived justify the Federal Government customer accounts as part of its 19 CFR Parts 101 and 122 expense involved; (2) be serviced by at management of a portfolio also least two major modes of transportation containing instruments which are either Customs Service Field Organization: (rail, air, water or highway); (3) have a exempt from regulation pursuant to the Establishment of Port of Entry in Fort minimum population of 300,000 within Commission’s regulations or excluded Myers, FL the immediate service area from regulation under the Commodity AGENCY: U.S. Customs Service, (approximately a 70 mile radius); and Exchange Act. The proposed rule would Department of the Treasury. (4) make a commitment to make optimal permit orders entered on behalf of these ACTION: Notice of proposed rulemaking. use of electronic data transfer accounts to be allocated no later than capabilities to permit integration with the end of the day on which the order SUMMARY: This document proposes to Customs Automated Commercial is executed. The proposed rulemaking amend the Customs Regulations System (ACS), which provides a means was in initially published for comment pertaining to the field organization of for the electronic processing of entries 13026 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules of imported merchandise. Further, the port of entry, SFIA would lose its status personnel from other offices actual or potential Customs workload as a user fee airport. participated in its development. (i.e., number of transactions per year) at D. M. Browning, Proposed Limits of Port of Entry the proposed port of entry must meet Acting Commissioner of Customs. one of several alternative minimum The geographical limits of the Approved: February 23, 1998. requirements, among which are 15,000 proposed port of entry of Fort Myers, Dennis M. O’Connell, passenger arrivals per year. Finally, Florida, would be the same as those of facilities at the proposed port of entry Acting Deputy Assistant Secretary of the Lee County, Florida, which includes must include cargo and passenger Treasury. SFIA and the city of Fort Myers. facilities, warehousing space for the [FR Doc. 98–6882 Filed 3–16–98; 8:45 am] secure storage of imported cargo Proposed Amendments BILLING CODE 4820±02±P pending final Customs inspection and release, and administrative office space, If the proposed port of entry inspection areas, storage areas and other designation is adopted, the list of DEPARTMENT OF STATE space necessary for regular Customs Customs ports of entry in 19 CFR operations. 101.3(b)(1) and the list of user fee 22 CFR Part 41 The request for port of entry status airports in § 122.15(b) will be amended [Public Notice 2763] states that there will be several Federal accordingly. Government benefits if the port of entry Bureau of Consular Affairs; Comments is approved. As tourism is on the rise in Documentation of Nonimmigrants the Fort Myers area and there is an ever Before adopting this proposal, Under the Immigration and Nationality Act, as AmendedÐFiling an increasing demand for goods in that consideration will be given to any Application area, the SFIA airport located within the written comments timely submitted to proposed port of entry would assist in Customs. Comments submitted will be AGENCY: Bureau of Consular Affairs, moving aircraft, passengers and cargo available for public inspection in DOS. efficiently. accordance with the Freedom of The proposed port of Fort Myers is ACTION: Proposed rule. Information Act (5 U.S.C. 552), § 1.4, serviced by air, by highway and by Treasury Department Regulations (31 SUMMARY: Consular offices abroad have railroad spur. SFIA is ranked the 56th CFR 1.4) and § 103.11(b), Customs been experiencing an ever-increasing busiest airport in North America. It is volume of nonimmigrant visa (NIV) located three miles from Interstate 75, Regulations (19 CFR 103.11(b)), on regular business days between the hours applications. Some have had to begin providing easy access to other points in declining to accept new applications Florida and the United States. The of 9 a.m. and 4:30 p.m. at the Regulations Branch, Office of from persons denied as intending airport is adjacent to a railroad spur immigrants in the recent past. This which allows Seminole Gulf Railway to Regulations and Rulings, U.S. Customs Service, Third Floor, 1300 Pennsylvania proposed rule would put this practice provide freight service to the area. on a regulatory footing by formalizing a Avenue N.W., Washington, D.C. The proposed port of Fort Myers non-acceptance-for-six-months policy includes all of Lee County, Florida. In Authority with respect to a new application from a 70 mile radius, including Sarasota, the an alien whose prior NIV application population is already well over one This change is proposed under the has been refused under the provisions of million people. authority of 5 U.S.C. 301 and 19 U.S.C. INA 214(b). The proposed port of Fort Myers 2, 66 and 1624. DATES: Written comments must be meets the criteria for a port of entry in received on or before May 18, 1998. terms of number of international The Regulatory Flexibility Act and passengers; SFIA far exceeds the 15,000 Executive Order 12866 ADDRESSES: Written comments should international passengers per year be submitted, in duplicate, to the Chief, Customs establishes, expands, and criterion. In 1996, Customs cleared Legislation and Regulations Division, consolidates Customs ports of entry flights carrying 57,962 arriving Visa Services, Department of State, international passengers at SFIA. There throughout the United States to Washington, D.C. 20520–0106. were 58,431 outbound international accommodate the volume of Customs- FOR FURTHER INFORMATION CONTACT: H. passengers during the same time period. related activity in various parts of the Edward Odom, Chief, Legislation and All the U.S. government agencies country. Although this document is Regulations Division, Visa Services, CA/ which must be included in a port are being issued for public comment, it is VO/L/R, Department of State, already in place because SFIA is not subject to the notice and public Washington, D.C. 20520–0106, (202) currently a user fee airport. In addition, procedure requirements of 5 U.S.C. 553 663–1204. Customs has the concurrence of other because it relates to agency management SUPPLEMENTARY INFORMATION: Section necessary federal agencies. The facilities and organization. Accordingly, this 214(b) of the Immigration and required for these other federal agencies document is not subject to the Nationality Act (INA) establishes a are already present because SFIA is a provisions of the Regulatory Flexibility presumption that an alien is an user fee airport. The requisite electronic Act (5 U.S.C. 601 et seq.). Agency intending immigrant unless he or she data processing systems are also in organization matters such as this are can establish entitlement to a place. exempt from consideration under nonimmigrant classification. Moreover, Based on the information provided Executive Order 12866. for certain classes of nonimmigrants, above, Customs believes that Fort Myers Drafting Information: The principal there is also a statutory requirement meets the current standards for port of author of this document was Janet L. incorporated in the definitions of those entry designations set forth in T. D. 82– nonimmigrant classifications (INA Johnson, Regulations Branch. However, 37, as revised by T. D. 86–14 and T. D. 101(a)(15)) that the alien establish that 87–65. If Fort Myers is established as a he or she has a residence abroad which Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules 13027 the alien has no intention of reporting or record-keeping action on compliance with the Commission’s abandoning. This is most commonly the public requiring the approval of the minimum distance separation shown by possession of a well-paying Office of Management and Budget under requirements with a site restriction of job, a home, family or other ties, etc. the Paperwork Reduction Act. This rule 2.1 kilometers (1.3 miles) northeast of which would, in themselves, compel the has been reviewed as required under the community in order to avoid a short- alien to return voluntarily to that place E.O. 12998 and determined to be in spacing conflict with the licensed after a temporary period in the United compliance therewith. operation of Station WCHG(FM), States. Traditionally, the class of This rule is exempt from review Channel 296A, Hot Springs, Virginia. nonimmigrant most likely to fail this under E.O. 12866, but has been The coordinates for Channel 296A are test is visitor for business or pleasure reviewed internally to ensure 38–30–00 NL and 78–36–33 WL. Since (‘‘B’’) under INA 101(a)(15)(B). An consistency therewith. the proposal is located within the applicant may request reconsideration List of Subjects in 22 CFR Part 41 protected areas of the National Radio by the refusing consular officer and all Astronomy Observatory ‘‘Quiet Zone’’ at refusals must, by regulation (41.121(c)), Aliens, Nonimmigrants, Passports, Green Bank, West Virginia, petitioner be reviewed within 120 days by a senior Visas. will be required to comply with the officer, who looks at the information as In view of the foregoing, 22 CFR Part notification requirement of § 73.1030(a) originally before the consular officer. 41 is proposed to be amended as of the Commission’s Rules. While an applicant may also file an follows: entirely new application, the sooner DATES: Comments must be filed on or such a new application is filed after the PART 41Ð[AMENDED] before April 27, 1998, and reply comments on or before May 12, 1998. original application, the less likely it is 1. The authority citation for Part 41 that conditions relevant to the intending continues to read: ADDRESSES: Federal Communications immigrant issue will have so changed as Authority: 8 U.S.C. 1104. Commission, Washington, DC 20554. In to warrant issuance of a visa on the new addition to filing comments with the application. 2. Section 41.103 is amended by FCC, interested parties should serve the Nonetheless, at a number of consular adding paragraph (a)(4), to read as petitioner, or its counsel or consultant, offices, significant resources are spent follows: as follows: Daryl A. Alligood, 1104 New on ‘‘re-applications’’ based on nothing Mill Drive, Chesapeake, Virginia 23320 more than the original application, § 41.103 Filing an application and Form OF±156 (petitioner). resources that the posts cannot afford no matter how strong their ‘‘service’’ * * * * * FOR FURTHER INFORMATION CONTACT: Pam orientation. Many posts continue to (4) A consular officer may refuse to Blumenthal, Mass Media Bureau, (202) experience increasing workloads accept for adjudication an application 418–2180. without concomitant increasing staffs. for a nonimmigrant visa from an SUPPLEMENTARY INFORMATION: This is a Some posts have therefore instituted applicant whose prior application at synopsis of the Commission’s Notice of local policies, similar to the proposed that post was denied under the Proposed Rulemaking, MM Docket No. rule, to limit expenditure of time and provisions of INA 214(b) within the 98–30, adopted February 25, 1998, and space on the many re-applications preceding six months, unless the released March 6, 1998. The full text of which are non-meritorious, while applicant presents significantly different this Commission decision is available reserving discretion to accept re- new evidence or evidence of a genuine for inspection and copying during applications in special circumstances, emergency. normal business hours in the FCC’s such as genuine (documentable) * * * * * Reference Center (Room 239), 1919 M emergencies. The Department believes it Dated: March 10, 1998. Street, NW, Washington, DC. The preferable to have this procedure Mary A. Ryan, complete text of this decision may also reflected in uniformly applicable Assistant Secretary for Consular Affairs. regulations as other procedures be purchased from the Commission’s [FR Doc. 98–6826 Filed 3–16–98; 8:45 am] copy contractor, ITS, Inc., (202) 857– generally are. BILLING CODE 4710±06±P The rules at 22 CFR 41.103(a) outline 3800, 1231 20th Street, NW, the general procedures for filing an Washington, DC 20036. application for a nonimmigrant visa, FEDERAL COMMUNICATIONS Provisions of the Regulatory and are thus the logical location for this COMMISSION Flexibility Act of 1980 do not apply to proposed rule. No regulation could this proceeding. prevent an alien from filling out an 47 CFR Part 73 Members of the public should note application form; it is possible, [MM Docket No. 98±30; RM±9228] that from the time a Notice of Proposed however, to prevent its ‘‘filing’’, i.e., Rulemaking is issued until the matter is acceptance for adjudication by a Radio Broadcasting Services; no longer subject to Commission consular officer. Shenandoah, VA consideration or court review, all ex This rule is proposed under the parte contacts are prohibited in authority of INA 104 which invests in AGENCY: Federal Communications Commission proceedings, such as this the Secretary of State the right to Commission. one, which involve channel allotments. promulgate regulations necessary to ACTION: Proposed rule. See 47 CFR 1.1204(b) for rules administer immigration laws relating to governing permissible ex parte contacts. the duties and functions of consular SUMMARY: The Commission requests officers. comments on a petition filed by Daryl For information regarding proper This rule is not expected to have a A. Alligood requesting the allotment of filing procedures for comments, see 47 significant impact on a substantial Channel 296A to Shenandoah, Virginia, CFR 1.415 and 1.420. number of small entities under the as the community’s first local aural List of Subjects in 47 CFR Part 73 criteria of the Regulatory Flexibility Act. transmission service. Channel 296A can In addition, this rule imposes no be allotted to Shenandoah in Radio broadcasting. 13028 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules

Federal Communications Commission. Region, NMFS, One Blackburn Drive, December 18, 1997 (62 FR 66304), John A. Karousos, Gloucester, MA 01930. Please mark the including a coastwide recreational Chief, Allocations Branch, Policy and Rules outside of the envelope ‘‘Comments on harvest limit of 7.41 million lb (3.36 Division, Mass Media Bureau. the 1998 Recreational Fishing Measures million kg) for summer flounder; 1.553 [FR Doc. 98–6850 Filed 3–16–98; 8:45 am] for Summer Flounder, Scup, and Black million lb (0.70 million kg) for scup; BILLING CODE 6712±01±P Sea Bass.’’ and 3.148 million lb (1.43 million kg) FOR FURTHER INFORMATION CONTACT: for black sea bass. The recreational David M. Gouveia, Fishery Management season, possession limit, and minimum DEPARTMENT OF COMMERCE Specialist, (978) 281–9280. size for 1998 were not established as part of the final specifications because SUPPLEMENTARY INFORMATION: The FMP National Oceanic and Atmospheric was developed jointly by the Atlantic recreational catch data for 1997 were Administration States Marine Fisheries Commission not available for the Committees’ use in (Commission) and the Mid-Atlantic evaluating the effectiveness of the 1997 50 CFR Part 648 measures. Shortly after preliminary data Fishery Management Council (Council) became available, each Committee met [Docket No. 980302051±8051±01; I.D. in consultation with the New England to review the 1997 data and to 021198B] and South Atlantic Fishery Management recommend measures for the 1998 Councils. Implementing regulations for RIN 0648±AK78 recreational fisheries intended to the fishery are found at 50 CFR part 648. complement the recreational harvest Sections 648.100, 648.120, and Fisheries of the Northeastern United limits. States; Fishery Management Plan for 648.140 outline the process for the Summer Flounder, Scup, and Black determining annual commercial and Summer Flounder Sea Bass Fisheries; Recreational recreational catch quotas and other Using available data and catch Measures for the 1998 Summer restrictions for the summer flounder, estimates for the final months of 1997, Flounder, Scup, and Black Sea Bass scup, and black sea bass fisheries. the Council estimates that the summer Fisheries Pursuant to the FMP, Monitoring flounder recreational sector exceeded its Committees (Committee) have been harvest limit by approximately 1.88 AGENCY: National Marine Fisheries established for each of the three million lb (0.85 million kg). Since the Service (NMFS), National Oceanic and fisheries. Each Committee is comprised 1998 specifications allocate the same Atmospheric Administration (NOAA), of representatives from the Commission, recreational harvest level as in 1997 Commerce. NMFS, and the Mid-Atlantic, New (7.41 million lb (3.36 million kg)), a 20.2 ACTION: Proposed rule, request for England, and South Atlantic Fishery percent reduction in recreational comments. Management Councils. The FMP landings from the 1997 level is needed. requires each Committee to review, on SUMMARY: NMFS issues this proposed To accomplish this reduction, the an annual basis, scientific and other Committee recommended either rule to amend the regulations relevant information and to recommend implementing the Fishery Management increasing the recreational minimum harvest limits and other restrictions fish size to 15 inches (38 cm) and Plan for the Summer Flounder, Scup, necessary to achieve the fishing and Black Sea Bass Fisheries (FMP). reducing the possession limit to 6 fish mortality rates (F) of the summer per person or maintain the minimum This rule proposes a possession limit of flounder, scup, and black sea bass 8 fish per person and a minimum fish size at 14.5 inches (36.8 cm) and reduce fisheries. For 1998, the FMP defines F the possession limit to 3 fish per person. size of 15 inches (38 cm) for the 1998 as 0.24 for summer flounder; 0.72 for The Council and Commission summer flounder recreational fishery; a scup; and 0.73 for black sea bass. reviewed the Committee minimum fish size of 10 inches (25.4 Each Committee reviews the recommendation but felt it was more cm) and an August 1 through August 15 following information annually: (1) restrictive than necessary. Instead, to seasonal closure for the 1998 black sea Commercial and recreational catch data; achieve the needed reduction, the bass recreational fishery; and no change (2) current estimates of stock mortality; Council and the Commission proposed in the current regulations for the 1998 (3) stock status; (4) recent estimates of two alternative options, and proposed to scup recreational fishery. The intent of recruitment; (5) virtual population allow each state to select either of the this rule is to comply with the FMP analysis (a method for analyzing fish two sets of measures for implementing regulations that require stock abundance); (6) levels of implementation. The first option NMFS to publish measures for the regulatory noncompliance by fishermen recommended an increase in the upcoming fishing year that will prevent or individual states; (7) impact of fish recreational minimum fish size to 15 overfishing of these resources. size and net mesh regulations; (8) inches (38 cm) and a reduction in the DATES: Public comments must be impact of gear, other than otter trawls, possession limit from 10 to 8 fish per received on or before April 16, 1998. on the mortality of summer flounder; person. The second option would ADDRESSES: Copies of the and (9) other relevant information. maintain the minimum size at 14.5 Environmental Assessment prepared for Pursuant to §§ 648.100, 648.120, and inches (36.8 cm) and reduce the the 1998 summer flounder, scup, and 648.140, after this review, each possession limit to six fish per person. black sea bass specifications and Committee recommends to the Council Additionally, the second option supporting documents used by the and Commission management measures included a closed season provision that Monitoring Committees are available to assure achievement of the appropriate would reduce the 1998 landings in a from: Executive Director, Mid-Atlantic fishing mortality rate for each fishery. state by 8 percent from its 1997 landings Fishery Management Council, Room The Council and Commission, in turn, level. The reduction attributed to each 2115, Federal Building, 300 S. New make a recommendation to the Regional month would be calculated based on Street, Dover, DE 19901–6790. Administrator. 1992–96 data. Comments on the proposed rule should Final specifications for the 1998 The request by the Council to be sent to: Andrew A. Rosenberg, Ph.D., summer flounder, scup, and black sea implement two distinct management Regional Administrator, Northeast bass fisheries were published on regimes for summer flounder triggered Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules 13029 lengthy discussion concerning the During the 1998 fishery, the Council Scup legality of submitting alternative intended to recommend a recreational The only measure in place for the proposals to NMFS for review. The hook requirement to address discard 1997 scup recreational fishery was a 7– Council noted that if it was not found mortality in the summer flounder inch (17.78–cm) minimum fish size. The to be a legal option, it recommended the recreational sector. Because there are so Council used available data and catch 15–inch (38–cm) minimum size and few studies available on which to base estimates for the final months of the eight fish per person possession limit. hook size requirements for summer 1997 scup recreational fishery to project At the December 1997 Council meeting, flounder, the Council and Commission scup landings to be below the 1997 the Regional Attorney, Northeast took action based on the limited studies harvest limit (1.947 million lb (0.88 Region, was asked for legal advice with available and the testimony from fishery million kg)) by approximately 17 respect to this issue. At that time, the participants. Accordingly, they intend percent. The difference between the Regional Attorney advised preliminarily to publicize their support for voluntary projected 1997 landings (1.616 million that the underlying amendments use of circle hooks greater than 2/0 in lb (0.73 million kg)) and the 1998 target (Amendment 2 for Summer Flounder size when fishing for summer flounder. limit (1.553 million lb (0.70 million kg)) and Amendment 9 for Black Sea Bass), Given the absence of definitive data, is small. did allow the setting of alternative NMFS believes this is a reasonable way The Council and Commission possession limits and minimum sizes to begin to address this issue for the recommended no change in the current for summer flounder and black sea bass. recreational fishery. recreational regulations for scup in The Regional Attorney also opined that 1998. The Council believes that the 7– Black Sea Bass the amendments did not allow a closure inch (17.78–cm) minimum fish size will other than before and after a solitary The first year that the FMP requires constrain anglers to the 1.553 million lb continuous open season. After a more specification of a recreational harvest (0.70 million kg) harvest limit in 1998 thorough review, the Regional Attorney level for black sea bass is 1998. In 1997, because of the limited fish availability advised that the amendments do not the only recreational measure was a associated with low stock levels. NMFS allow the Council to recommend minimum fish size of 9 inches (22.9 concurs with the Council/Commission alternative minimum sizes and cm). Because 70 percent of the landings recommendation. possession limits or the states to adopt occur from September through a minimum size or possession limit that Classification December and 1997 data are not differs from the measures specified by This proposed rule has been available, the Council recommended the Council. Therefore, NMFS is determined to be not significant for that 1996 data be used to estimate the proposing to increase the recreational purposes of E.O. 12866. minimum fish size to 15 inches (38 cm) effects of fish size and possession limits. The Assistant General Counsel for and to reduce the possession limit from Relative to the 1996 data, landings Legislation and Regulation, Department 10 to 8 fish per person. would have to be reduced 47 percent to of Commerce, certified to the Chief achieve the 1998 harvest limit of 3.148 The Council believes that this Counsel for Advocacy of the Small million lb (1.43 kg). To accomplish this combination of limits—the 15–inch (38– Business Administration that this reduction, the Council and the cm) minimum fish size and the eight proposed rule, if adopted, would not Commission proposed two alternative fish possession limit—will constrain have a significant economic impact on options and proposed to allow each anglers to the 7.41 million lb (3.36 a substantial number of small entities as state to select either of the two measures million kg) harvest limit in 1998. The follows: possession limit is higher than that for implementation. The first option proposed to increase the recreational It is unlikely that the measures that would recommended by the Committee, which be implemented by this action would felt that it must be reduced to minimum fish size to 10 inches (25.4 decrease ex-vessel revenues by more than 5 compensate for increased fish cm), establish an August 1 through percent for more than 20 percent of the small availability as the stock rebuilds. August 15 seasonal closure, and set no entities engaged in the summer flounder, However, the eight fish per person limit possession limit. The second option, scup, and black sea bass fisheries. It is not expected that any small entities in these is projected to reduce recreational proposed to increase the recreational minimum fish size to 10 inches (25.4 recreational fisheries will cease operations as landings by approximately 23 percent a result of this action. The impacts were even if only 75 percent of the anglers cm), impose a 20 fish per person possession limit, and not to impose a evaluated when the recreational coastwide comply with the proposed restrictions. harvest levels were analyzed as part of the Many Council members believe seasonal closure. proposed and final 1998 specifications. The compliance is higher than 75 percent As discussed above for summer review examined the impact the final 1998 and the reduction in landings will be flounder, the proposal by the Council specifications would have on all vessels that greater if that is true. and Commission to allow states to landed any of these three species in 1996. choose between two distinct Impacts were examined by presuming a 23– NMFS concurs with the Council percent reduction in summer flounder recommendation. The analysis indicates management regimes was found landings, a 47–percent reduction in black sea that the decrease in the possession limit inconsistent with the FMP according to bass, and no reduction in scup landings. and the increase in the minimum fish the Regional Attorney. Therefore, NMFS While it is possible that the recreational size is expected to constrain the harvest proposes to increase the recreational harvest limit for 1998 could cause some to the specified level. In addition to minimum fish size to 10 inches (25.4 concern for recreational fishermen, there is these measures, the Council and cm), establish an August 1 through no indication that it will lead to a decline in Commission took action to reduce August 15 seasonal closure, and not to the demand for recreational trips. Within discard mortality associated with the impose a possession limit. Based on the recreational fishing there are numerous alternative target species, and the number of recreational fishery. This complements staff analysis presented at the Council trips targeting a given species in any given the action it took for the commercial meeting, this combination of measures year is quite variable. For example, fishery by requiring each state to is expected to constrain anglers to the recreational fishing trips upon which establish a 15 percent commercial quota 3.148 million lb (1.43 million kg) summer flounder were landed have set aside for a bycatch fishery. harvest limit in 1998. fluctuated over the past 4–5 years without 13030 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Proposed Rules any discernible trend. Trips for black sea bass PART 648ÐFISHERIES OF THE limit may not fish for black sea bass have similarly fluctuated. By contrast, scup NORTHEASTERN UNITED STATES from August 1 through August 15. This targeted trips have been declining in recent time period may be adjusted pursuant to years, and those declining years correspond 1. The authority citation for part 648 the procedures in § 648.140. continues to read as follows: to dramatic increases in trips taken where * * * * * striped bass was the target species. However, Authority: 16 U.S.C. 1801 et seq. 5. In § 648.143, paragraph (a) is little information is available to draw any 2. In § 648.103, paragraph (b) is revised, existing paragraph (b) is causal inferences linking management revised to read as follows: redesigned as paragraph (c), and new regulations to switching behavior among the paragraph (b) is added to read as myriad of species available to recreational § 648.103 Minimum fish sizes. follows: anglers. In the aggregate, the total number of * * * * * recreational trips in the Mid-Atlantic region (b) The minimum size for summer § 648.143 Minimum fish sizes. have remained relatively stable with a slight flounder is 15 inches (38 cm) TL for all (a) The minimum size for black sea upward trend since 1993. It is likely that vessels that do not qualify for a bass is 10 inches (25.4 cm) total length recreational anglers will target other species moratorium permit, and party and for all vessels issued a moratorium that are relatively more abundant (such as charter boats holding moratorium permit under § 648.4(a)(7) that fish for black sea bass) when faced with potential permits, but fishing with passengers for or retain black sea bass in or from U.S. reductions in the amount of summer flounder hire or carrying more than three crew waters of the western Atlantic Ocean and black sea bass that they are allowed to members, if a charter boat, or more than from 35°15.3’ N. Lat., the latitude of catch due to decreases in the respective five crew members, if a party boat. Cape Hatteras Light, North Carolina, recreational harvest limits. Since the * * * * * northward to the U.S.-Canada border. proposed measures for each of these fisheries 3. In § 648.105, the first sentence of The minimum size may be adjusted for do not significantly change measures paragraph (a) is revised to read as commercial vessels pursuant to the previously adopted, they are not expected to follows: alter participation in the fishery. Therefore, procedures in § 648.140. (b) The minimum size for black sea this rule most likely would not have a § 648.105 Possession restrictions. bass is 10 inches (25.4 cm) TL for all significant impact on a substantial number of (a) No person shall possess more than small entities. vessels that do not qualify for a eight summer flounder in, or harvested moratorium permit, and party and from, the EEZ unless that person is the List of Subjects in 50 CFR Part 648 charter boats holding moratorium owner or operator of a fishing vessel permits, but fishing with passengers for issued a summer flounder moratorium Fisheries, Fishing, Reporting and hire or carrying more than three crew permit or is issued a summer flounder recordkeeping requirements. members, if a charter boat, or more than dealer permit. * * * five crew members, if a party boat. The Dated: March 11, 1998. * * * * * minimum size may be adjusted for David L. Evans, 4. Section 648.142 is revised to read recreational vessels pursuant to the Deputy Assistant Administrator for Fisheries, as follows: procedures in § 648.140. National Marine Fisheries Service. § 648.142 Time restrictions. * * * * * For the reasons set out in the Vessels that are not eligible for a [FR Doc. 98–6771 Filed 3–12–98; 11:20 am] preamble, 50 CFR part 648 is proposed moratorium permit under § 648.4(a)(6) to be amended as follows: and fishermen subject to the possession BILLING CODE 3510±22±F 13031

Notices Federal Register Vol. 63, No. 51

Tuesday, March 17, 1998

This section of the FEDERAL REGISTER to the Tariff Act by the Uruguay Round antidumping duties have been absorbed contains documents other than rules or Agreements Act (URAA). In addition, by Galt or its affiliates, in accordance proposed rules that are applicable to the unless otherwise indicated, all citations with 19 CFR 351.231(j). However, as public. Notices of hearings and investigations, to the Department of Commerce’s (the Galt made no sales of the subject committee meetings, agency decisions and Department’s) regulations are to the merchandise during the POR, there is no rulings, delegations of authority, filing of petitions and applications and agency regulations as published in the Federal basis to conduct this inquiry. statements of organization and functions are Register on May 19, 1997. See This notice is published in examples of documents appearing in this Antidumping Duties: Countervailing accordance with § 353.213(d)(4). section. Duties; Final Rule, 62 FR 27296 (May Dated: March 6, 1998. 19, 1997). Richard W. Moreland, Background Acting Assistant Secretary for Import DEPARTMENT OF COMMERCE On July 31, 1997, Shieldalloy Administration. International Trade Administration Metallurgical Corporation (the [FR Doc. 98–6897 Filed 3–16–98; 8:45 am] petitioner) requested that the BILLING CODE 3510±DS±M [A±821±807] Department conduct an administrative review of the antidumping duty order Ferrovanadium and Nitrided Vanadium DEPARTMENT OF COMMERCE From the Russian Federation: on ferrovanadium and nitrided Termination of Antidumping Duty vanadium from the Russian Federation International Trade Administration Administrative Review for the period July 1, 1996, through June 30, 1997. [A±583±816] AGENCY: Import Administration, On August 15, 1997, Galt reported International Trade Administration, that it made no sales of the subject Certain Stainless Steel Butt-Weld Pipe Department of Commerce. merchandise during the period of Fittings From Taiwan, Antidumping Duty Administrative Review; Time ACTION: Notice of rescission of review (POR). Subsequently, the Limit antidumping duty administrative petitioner challenged Galt’s assertion review. that no sales were made during the POR, AGENCY: Import Administration, arguing the U.S. import statistics International Trade Administration, SUMMARY: On August 28, 1997, the showed subject merchandise imports Department of Commerce. Department of Commerce initiated an from the Russian Federation prior to ACTION: Notice of extension of time and during the POR. administrative review of the limit. antidumping duty order on On October 2 and 21, 1997, Galt Ferrovanadium and Nitrided Vanadium provided submissions claiming that SUMMARY: The Department of Commerce from the Russian Federation for one entries of the subject merchandise (the Department) is extending the time manufacturer or producer of originally declared to U.S. Customs as limit for the preliminary results of the ferrovanadium and nitrided vanadium being of Russian origin were in error 1996–1997 administrative review of the from the Russian Federation, Galt and were actually from Tajikistan. On antidumping duty order on certain Alloys, Inc., covering the period July 1, January 13, 1998, the Department stainless steel butt-weld pipe fittings 1996, through June 30, 1997. The conducted a verification of Galt’s claim from Taiwan. The review covers one Department of Commerce is terminating and confirmed that the entries of manufacturer/exporter of the subject the review after confirming that Galt ferrovanadium were actually from merchandise to the United States, Ta Alloys, Inc. made no sales of the subject Tajikistan, as claimed by Galt (see Chen Stainless Pipe Company, Ltd., and merchandise during the period of January 29, 1998, memorandum the period June 1, 1996 through May 31, review. reporting on verification of Galt’s 1997. submitted data.) EFFECTIVE DATE: EFFECTIVE DATE: March 17, 1998. Pursuant to 19 CFR 351.213(d)(3), the March 17, 1998. FOR FURTHER INFORMATION CONTACT: Department may rescind an FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Mary Jenkins, administrative review, in whole or only Robert M. James at (202) 482–5222 or Office 5, AD/CVD Enforcement Group II, with respect to a particular exporter or John Kugelman at (202) 482–0649, AD/ Import Administration, International producer, if the Secretary concludes CVD Enforcement Office Eight, Import Trade Administration, U.S. Department that, during the period covered by the Administration, International Trade of Commerce, 14th and Constitution review, there were no entries, exports, Administration, U.S. Department of Avenue, N.W., Washington, D.C. 20230; or sales of this subject merchandise. In Commerce, 14th Street and Constitution telephone (202) 482–4136 or (202) 482– light of the fact that we determined that Avenue, N.W., Washington, DC 20230. 1756, respectively. Galt did not make sales of the subject SUPPLEMENTARY INFORMATION: Because it SUPPLEMENTARY INFORMATION: merchandise during the POR in is not practicable to complete this question, we are terminating this review review within the time limits mandated Applicable Statute and Regulations for Galt. We will issue appraisement by section 751(a)(3)(A) of the Tariff Act Unless otherwise indicated, all instructions directly to the U.S. Customs of 1930, as amended by the Uruguay citations to the Tariff Act of 1930, as Service. Round Agreements Act of 1994, the amended (the Tariff Act), are to the In addition, petitioner requested on Department is extending the time limit provisions effective January 1, 1995, the September 29, 1997, that the for completion of the preliminary effective date of the amendments made Department determine whether results until June 1, 1998. See 13032 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

Memorandum from Joseph A. Spetrini measures to not more than six months. DEPARTMENT OF COMMERCE to Robert S. LaRussa, on file in Room B– In accordance with 19 CFR 099 of the Main Commerce Building. 351.210(b)(2), because (1) our International Trade Administration The deadline for the final results of this preliminary determination is review will continue to be 120 days affirmative, (2) Krupp accounts for a [A±583±815] after publication of the preliminary significant proportion of exports of the results. subject merchandise, and (3) no Certain Welded Stainless Steel Pipe This extension is in accordance with compelling reasons for denial exist, we From Taiwan, Antidumping Duty section 751(a)(3)(A) of the Tariff Act of are granting the respondent’s request Administrative Review; Time Limit 1930, as amended. and are postponing the final Dated: February 25, 1998. determination until no later than July AGENCY: Import Administration, Joseph A. Spetrini, 20, 1998, which is 135 days after the International Trade Administration, publication of the preliminary Deputy Assistant Secretary, Enforcement Department of Commerce. Group III. determination (see Notice of Preliminary Determination of Sales at ACTION: Notice of extension of time [FR Doc. 98–6894 Filed 3–16–98; 8:45 am] Less than Fair Value: Stainless Steel limit. BILLING CODE 3510±DS±P Wire Rod from Germany (63 FR 10847 March 5, 1998)). Suspension of SUMMARY: The Department of Commerce DEPARTMENT OF COMMERCE liquidation will be extended (the Department) is extending the time accordingly. limit for the final results of the 1995– Case briefs or other written comments International Trade Administration 1996 administrative review of the in at least 10 copies must be submitted antidumping duty order on welded [A±428±824] to the Assistant Secretary for Import Administration no later than June 1, stainless steel pipe from Taiwan. The Postponement of Final Antidumping 1998, and rebuttal briefs no later than review covers one manufacturer/ Determination: Stainless Steel Wire June 8, 1998. A list of authorities used exporter of the subject merchandise to Rod From Germany and an executive summary of issues the United States, Ta Chen Stainless Pipe Company, Ltd., and the period AGENCY: Import Administration, should accompany any briefs submitted International Trade Administration, to the Department. Such summary December 1, 1995 through November Department of Commerce. should be limited to five pages total, 30, 1996. including footnotes. In accordance with FOR FURTHER INFORMATION CONTACT: EFFECTIVE DATE: March 17, 1998. Sunkyu Kim or Everett Kelly, Import section 774 of the Act, we will hold a Administration, International Trade public hearing, if requested, to afford FOR FURTHER INFORMATION CONTACT: Administration, U.S. Department of interested parties an opportunity to Robert M. James at (202) 482–5222 or Commerce, 14th Street and Constitution comment on arguments raised in case or John Kugelman at (202) 482–0649, AD/ Avenue, N.W., Washington D.C. 20230; rebuttal briefs. Tentatively, the hearing CVD Enforcement, Office Eight, Import telephone (202) 482–2613 or (202) 482– will be held on June 15, 1998, time and Administration, International Trade room to be determined, at the U.S. 4194, respectively. Administration, U.S. Department of Department of Commerce, 14th Street EFFECTIVE DATE: March 17, 1998. Commerce, 14th Street and Constitution and Constitution Avenue, N.W., Avenue, N.W., Washington, DC 20230. The Applicable Statute Washington, D.C. 20230. Parties should confirm by telephone the time, date, and SUPPLEMENTARY INFORMATION: Because it Unless otherwise indicated, all place of the hearing 48 hours before the is not practicable to complete this citations to the Tariff Act of 1930, as scheduled time. review within the time limits mandated amended (‘‘the Act’’), are references to Interested parties who wish to request by section 751(a)(3)(A) of the Tariff Act the provisions effective January 1, 1995, a hearing, or to participate if one is the effective date of the amendments of 1930, as amended by the Uruguay requested, must submit a written Round Agreements Act of 1994, the made to the Act by the Uruguay Round request to the Assistant Secretary for Agreements Act (‘‘URAA’’). In addition, Department is extending the time limit Import Administration, U.S. Department for completion of the final results until unless otherwise indicated, all citations of Commerce, Room 1870, within thirty to the Department’s regulations are to July 8, 1998. See Memorandum from days of the publication of this notice. Joseph A. Spetrini to Robert S. LaRussa, the regulations at 19 CFR Part 351 (62 Requests should contain: (1) The party’s on file in Room B–099 of the Main FR 27296, May 19, 1997). name, address, and telephone number; Commerce Building. Postponement of Final Determination (2) the number of participants; and (3) a list of the issues to be discussed. Oral This extension is in accordance with Pursuant to section 735(a)(2) of the presentations will be limited to issues section 751(a)(3)(A) of the Tariff Act of Act, on March 2, 1998, Krupp raised in the briefs. 1930, as amended. Edelstahlprofile GmbH and Krupp This notice of postponement is Dated: February 25, 1998. Hoesch Steel Products Inc. (collectively published pursuant to 19 CFR ‘‘Krupp’’), producers/exporters of the 351.210(g). Joseph A. Spetrini, subject merchandise, requested that the Deputy Assistant Secretary, Enforcement Dated: March 10, 1998. Department postpone its final Group III. Robert S. LaRussa, determination to 135 days after [FR Doc. 98–6895 Filed 3–16–98; 8:45 am] publication of the Department’s Assistant Secretary for Import BILLING CODE 3510±DS±P preliminary determination. In addition, Administration. Krupp requested that the Department [FR Doc. 98–6898 Filed 3–16–98; 8:45 am] extend the period for provisional BILLING CODE 3510±DS±P Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13033

DEPARTMENT OF COMMERCE NAFTA Secretariat, pursuant to Article SUPPLEMENTARY INFORMATION: Pursuant 1904 of the Agreement, on February 20, to the Act the Departments of the International Trade Administration 1998, requesting panel review of the Interior and Commerce (the final antidumping determination Departments) share responsibility for North American Free-Trade described above. the allocation of duty exemptions Agreement, Article 1904 Binational The Rules provide that: among watch assembly firms in the Panel Reviews; Request for Panel (a) A Party or interested person may United States insular possessions and Review challenge the final determination in the Northern Mariana Islands. In AGENCY: NAFTA Secretariat, United whole or in part by filing a Complaint accordance with Section 303.3(a) of the States Section, International Trade in accordance with Rule 39 within 30 regulations (15 CFR Part 303), this Administration, Department of days after the filing of the first Request action establishes the total quantity of Commerce. for Panel Review (the deadline for filing duty-free insular watches and watch movements for 1998 at 4,140,000 units ACTION: Notice of first request for panel a Complaint is March 23, 1998); and divides this amount among the review. (b) A Party, investigating authority or interested person that does not file a three insular possessions of the United SUMMARY: On February 20, 1998, Complaint but that intends to appear in States and the Northern Mariana Cerestar, USA, Inc., filed a First Request support of any reviewable portion of the Islands. If this amount, 2,640,000 units for Panel Review with the Mexican final determination may participate in may be allocated to Virgin Islands Section of the NAFTA Secretariat the panel review by filing a Notice of producers, 500,000 to Guam producers, pursuant to Article 1904 of the North Appearance in accordance with Rule 40 500,000 to American Samoa producers American Free Trade Agreement. within 45 days after the filing of the first and 500,000 to Northern Mariana Several other Requests for Panel Review Request for Panel Review (the deadline Islands producers (63 FR 5887). were also filed in this matter. Panel for filing a Notice of Appearance is The criteria for the calculation of the review was requested of the final April 6, 1998); and 1998 duty-exemption allocations among antidumping duty determination made (c) The panel review shall be limited insular producers are set forth in by the Secretaria de Comercio y to the allegations of error of fact or law, Section 303.14 of the regulations. Fomento Industrial with respect to including the jurisdiction of the The Departments have verified the Imports of High Fructose Corn Syrup investigating authority, that are set out data submitted on application form originating in the United States of in the Complaints filed in the panel ITA–334P by Virgin Islands producers America. This determination was review and the procedural and and inspected their current operations published in the Diario Oficial on substantive defenses raised in the panel in accordance with Section 303.5 of the January 23, 1998. The NAFTA review. regulations. Secretariat has assigned Case Number Dated: March 10, 1998. MEX–98–1904–01 to this request. In calendar year 1997 the Virgin James R. Holbein, Islands watch assembly firms shipped FOR FURTHER INFORMATION CONTACT: United States Secretary, NAFTA Secretariat. James R. Holbein, United States 922,229 watches and watch movements [FR Doc. 98–6862 Filed 3–16–98; 8:45 am] Secretary, NAFTA Secretariat, Suite into the customs territory of the United 2061, 14th and Constitution Avenue, BILLING CODE 3510±GT±M States under the Act. The dollar amount Washington, DC 20230 (202) 482–5438. of creditable corporate income taxes paid by Virgin Islands producers during SUPPLEMENTARY INFORMATION: Chapter DEPARTMENT OF COMMERCE calendar year 1997 plus the creditable 19 of the North American Free-Trade wages paid by the industry during Agreement (‘‘Agreement’’) establishes a International Trade Administration calendar year 1997 to residents of the mechanism to replace domestic judicial territory was $3,458,360. review of final determinations in DEPARTMENT OF THE INTERIOR antidumping and countervailing duty There are no producers in Guam, [Docket No. 971021249±8006±02] cases involving imports from a NAFTA American Samoa or the Northern country with review by independent RIN 0625±AA50 Mariana Islands. binational panels. When a Request for The calendar year 1998 Virginia Panel Review is filed, a panel is Allocation of Duty-Exemptions for Islands annual allocations set forth established to act in place of national Calendar Year 1998 Among Watch below are based on the data verified by courts to review expeditiously the final Producers Located in the Virgin the Departments in the Virgin Islands. determination to determine whether it Islands The allocations reflect adjustments conforms with the antidumping or made in data supplied on the producers’ countervailing duty law of the country AGENCY: Import Administration, annual application forms (ITA–334P) as that made the determination. International Trade Administration, a result of the Departments’ verification. Department of Commerce; Office of Under Article 1904 of the Agreement, The duty-exemption allocations for which came into force on January 1, Insular Affairs, Department of the Interior. calendar year 1998 in the Virgin Islands 1994, the Government of the United are as follows: States, the Government of Canada and ACTION: Notice. the Government of Mexico established Annual Rules of Procedure for Article 1904 SUMMARY: This action allocates 1998 Name of firm allocation Binational Panel Reviews (‘‘Rules’’). duty-exemptions for watch producers These Rules were published in the located in the Virgin Islands pursuant to Belair Quartz, Inc...... 500,000 Federal Register on February 23, 1994 Public Law 97–446, as amended by Hampden Watch Co., Inc...... 200,000 (59 FR 8686). Public Law 103–465 (‘‘the Act’’). Progress Watch Co., Inc...... 350,000 Unitime Industries, Inc...... 500,000 A first Request for Panel Review was FOR FURTHER INFORMATION CONTACT: Faye Tropex, Inc. Inc...... 300,000 filed with the Mexican Section of the Robinson, (202) 482–3526. 13034 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

Robert S. LaRussa, Joanna Davis at the Council (see preferred alternative, for public hearing Assistant Secretary for Import ADDRESSES) at least 5 days prior to the purposes. Administration, Department of Commerce. meeting date. Thursday, April 2, 1998, 9:30 a.m.— Allen Stayman Dated: March 11, 1998. Joint Habitat Committee and Advisory Director, Office of Insular Affairs, Department Bruce C. Morehead, Panel Meeting of the Interior. Location: Holiday Inn, One Newbury Acting Director, Office of Sustainable [FR Doc. 98–6893 Filed 3–16–98; 8:45 am] Fisheries, National Marine Fisheries Service. Street (Route 1) Peabody, MA 01960; telephone: (978) 535-4600. BILLING CODE 3510±DS±M, 4310±93±M [FR Doc. 98–6855 Filed 3–16–98; 8:45 am] Review of the progress and status of BILLING CODE 3510±22±F essential fish habitat (EFH) DEPARTMENT OF COMMERCE identification and description, and DEPARTMENT OF COMMERCE discussion of alternatives for EFH National Oceanic and Atmospheric designation. Administration National Oceanic and Atmospheric Friday, April 3, 1998, 9:30 a.m.— [I.D. 031098E] Administration Groundfish Committee Meeting Location: Holiday Inn, One Newbury Mid-Atlantic Fishery Management [I.D. 031098F] Street, (Route 1) Peabody, MA 01960; Council; Meeting New England Fishery Management telephone: (978) 535-4600. Final selection of measures to be AGENCY: National Marine Fisheries Council; Public Meetings recommended to the Council for public Service (NMFS), National Oceanic and AGENCY: National Marine Fisheries hearings on Amendment 9 to the Atmospheric Administration (NOAA), Service (NMFS), National Oceanic and Northeast Multispecies FMP and Commerce. Atmospheric Administration (NOAA), development of a recommendation to ACTION: Notice of public meeting. Commerce. the Council on Framework Adjustment SUMMARY: The Mid-Atlantic Fishery ACTION: Notice of public meetings. 26 to the FMP, an action that would Management Council’s (Council) Spiny implement alternative cod conservation Dogfish Technical Committee will hold SUMMARY: The New England Fishery measures. a public meeting. Management Council (Council) is Tuesday, April 7, 10 a.m.—Whiting DATES: The meeting will be held on scheduling a number of public meetings Committee Meeting Thursday, April 2, 1998, from 10:00 of its oversight committees and advisory Location: Holiday Inn, One Newbury a.m. until 5:00 p.m. panels in March and April 1998 to Street (Route 1) Peabody, MA 01960; ADDRESSES: The meeting will be held at consider actions affecting New England telephone: (978) 535-4600. the Radisson Hotel Philadelphia fisheries in the exclusive economic zone Development of final Airport, 500 Stevens Drive, (EEZ). Recommendations from these recommendations to the Council on a Philadelphia, PA; telephone: 610–521– groups will be brought to the full management alternative for 8954. Council for formal consideration and consideration at public hearings. Council address: Mid-Atlantic Fishery action, if appropriate. Wednesday, April 14, 1998, 9:30 Management Council, 300 S. New DATES: The meetings will be held a.m.—Joint Monkfish Committee and Street, Dover, DE 19904; telephone: between March 31, 1998, and April 27, Advisory Panel Meeting 302–674–2331. 1998. See SUPPLEMENTARY INFORMATION Location: Airport Holiday Inn, 225 FOR FURTHER INFORMATION CONTACT: for specific dates and times. McClellan Highway, East Boston, MA David R. Keifer, Executive Director, ADDRESSES: The meetings will be held 02128; telephone: (617) 569-5250. Mid-Atlantic Fishery Management in Peabody and East Boston, MA; Approval of final management Council; telephone: 302–674–2331 Warwick, RI; and New London, CT. See measures to be included in the SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION for specific Monkfish FMP, for New England and purpose of this meeting is to discuss locations. Mid-Atlantic Council consideration. revised estimates of current fishing Council address: New England This agenda will include time for public mortality, review results of surplus Fishery Management Council, 5 comments on the proposed final production modeling and biomass Broadway, Saugus, MA 01906-1036; management measures. estimation, review projection model telephone: (781) 231-0422. Monday, April, 27, 10 a.m.—Whiting results, and develop definition of FOR FURTHER INFORMATION CONTACT: Paul Committee Meeting overfishing. J. Howard, Executive Director, New Location: Radisson Hotel, 35 Although other issues not contained England Fishery Management Council; Governor Winthrop Boulevard, New in this agenda may come before this telephone: (781) 231-0422. London, CT 06320; telephone: (860) Committee for discussion, in accordance SUPPLEMENTARY INFORMATION: 443-7000. with the Magnuson Stevens Fishery Review of the draft Whiting Conservation and Management Act, Meeting Dates and Agendas Amendment, draft Environmental those issues may not be the subject of Tuesday, March 31, 1998, 10 a.m. and Impact Statement and a public hearing formal action during this meeting. Wednesday, April 1, 1998, 9:00 a.m.— schedule. Action will be restricted to those issues Joint Council Herring Committee and Although other issues not contained specifically identified in the agenda Atlantic States Marine Fisheries in this agenda may come before these listed in this notice. Commission Herring Section Meeting groups for discussion, in accordance Location: Sheraton Inn, Providence with the Magnuson-Stevens Fishery Special Accommodations Airport, 1850 Post Road, Warwick, RI Conservation and Management Act, This meeting is physically accessible 02886; telephone: (401) 738-4000. those issues may not be the subject of to people with disabilities. Requests for Selection of Atlantic Herring Fishery formal action during this meeting. sign language interpretation or other Management Plan (FMP) measures, Action will be restricted to those issues auxiliary aids should be directed to including the identification of a specifically listed in this notice. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13035

Special Accommodations There will be a reasonable charge to 2652, the ‘‘Collections of Information These meetings are physically help defray costs of the lunch and Antipiracy Act’’. House bill 2652 would accessible to people with disabilities. refreshments served at the conference. provide a database owner with Requests for sign language However, payment is not obligatory to protection against misappropriation of interpretation or other auxiliary aids participate in the conference. substantial portions of its database if should be directed to Paul J. Howard Arrangements for conference panelists such misappropriation would harm the (see FOR FURTHER INFORMATION CONTACT) and moderators will be made separately owner’s actual potential market for the at least 5 days prior to the meeting from conference participant registration. database or products incorporating the dates. FOR FURTHER INFORMATION CONTACT: database. House bill 2652 provides Justin Hughes, by telephone at (703) exceptions from liability for use of data Dated: March 11, 1998. 305–9300, by facsimile transmission for not-for-profit, educational, scientific, Bruce C. Morehead, marked to his attention at (703) 305– research, or news reporting purposes, Acting Director, Office of Sustainable 8885, by electronic mail to although the contours of these Fisheries, National Marine Fisheries Service. [email protected], or by exceptions may not correspond [FR Doc. 98–6856 Filed 3–16–98; 8:45 am] mail marked to his attention at the precisely to fair use exceptions under BILLING CODE 3510±22±F Office of Legislative and International copyright law. House bill 2652 has been Affairs, Patent and Trademark Office, supported by a wide variety of entities Washington, DC 20231. in the information industry and has DEPARTMENT OF COMMERCE been endorsed by the Copyright Office SUPPLEMENTARY INFORMATION: Issues as a constructive step to restore concerning legal protection for Patent and Trademark Office protection for ‘‘sweat of the brow’’ compilations of data gained increased compilations that was eliminated in the [Docket No. 98±0303053±8053±01] attention following the Supreme Court’s Feist decision. 1991 decision Feist Publications, Inc. v. Notice of Conference on Database At the same time, a number of Rural Telephone Service Co., 499 U.S. Protection and Access Issues organizations, particularly in the 340 (1991), which determined that there scientific and academic communities, AGENCY: Patent and Trademark Office, is no copyright protection for have expressed concerns that H.R. 2652 Commerce. compilations of data that lack creativity may impede access to data necessary to ACTION: Notice of meeting. in their selection, arrangement, and scholarly and scientific research. presentation. The Feist decision, as well Scientists have stressed that many SUMMARY: The Patent and Trademark as subsequent cases in the lower courts, research efforts rely on uses of entire Office (PTO) is announcing that it will established that copyright does not databases, uses that might be deemed hold a one-day conference on issues protect all compilations of data or of substantial extraction under the bill’s related to protection of and access to information and that even where provisions and that privately controlled compilations of data. copyright exists in such compilations, it databases might be priced so as to make DATES: The conference will be held on provides ‘‘thin’’ protection that does not many research projects impossible. Tuesday, April 28, 1998, beginning at inhibit unauthorized copying of all or Opponents of providing additional 8:30 a.m. substantial amounts of databases. database protection have argued that the Registration materials must be Protection of compilations of data has database market is already characterized returned no later than April 20, 1998. also become an issue abroad. In March by single source, niche marketers; that ADDRESSES: The conference will be held 1996, the European Commission there is no apparent market failure, i.e. on Tuesday, April 28, 1998, beginning adopted a Directive on Databases which undersupply of databases, because of at 8:30 a.m. in the Falk Auditorium of creates a sui generis intellectual the absence of comprehensive the Brookings Institution, 1775 property system for compilations of protection; and that existing copyright Massachusetts Avenue, NW, data. The Directive requires member and contractual law coupled with Washington, DC 20036. Conference states of the European Union (EU) to current technology provide adequate sessions will be held in the Falk implement national legislation to protection to database owners. Auditorium, other conference facilities provide database owners with a right to Internationally, in 1996, the European of the Brookings Institution, and control extraction and reutilization of Union submitted a draft international conference facilities at the Carnegie data from a proprietary compilation for database protection treaty, similar in Endowment for International Peace, a fifteen-year term; the Directive scope to the EU Directive, to the World 1779 Massachusetts Avenue, NW, provides that member states may create Intellectual Property Organization Washington, DC 20036. exceptions to liability for education and (WIPO). In anticipation of a WIPO Requests for registration materials research uses of databases. Diplomatic Conference in December should be made to Justin Hughes by In response to the Feist decision, 1996, and because of substantial electronic mail to subsequent cases, and the European concerns about provisions in the EU [email protected], by initiative, H.R. 3531 was introduced in proposal, the United States submitted facsimile transmission marked to his 1996 by then Congressman Carlos its own proposal to WIPO. The 1996 attention at (703) 305–8885, or by mail Moorhead. House bill 3531 would have Diplomatic Conference ultimately marked to his attention and addressed provided a sui generis legal regime for focused on copyright and neighboring to the Office of Legislative and database protection. The bill would rights proposals; it did not resolve any International Affairs, Patent and have protected database owners for a issues related to possible protection of Trademark Office, Washington, DC twenty-five-year term from databases. WIPO has established a 20231. Because of limited seating in the unauthorized extraction, use, or reuse of timetable to resume discussions conference facilities, the PTO will any substantial part of a database. concerning database protection in 1998. accept the first 175 participants on a In the 105th Congress, Congressman The April 28, 1998 database first-come, first-served basis according Howard Coble, Chair of the House conference is intended to bring together to the date and time of each registration Subcommittee on Courts and representatives from academia, private request. Intellectual Property, introduced H.R. industry, and Government for an in- 13036 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices depth, day-long discussion of the A description of the textile and ACTION: Issuing a directive to the fundamental questions related to apparel categories in terms of HTS Commissioner of Customs adjusting database protection and access. This numbers is available in the limits. conference is intended to help policy CORRELATION: Textile and Apparel makers understand the wide range of Categories with the Harmonized Tariff EFFECTIVE DATE: March 18, 1998. issues in this important area by Schedule of the United States (see FOR FURTHER INFORMATION CONTACT: soliciting the advice of individual Federal Register notice 62 FR 66057, Janet Heinzen, International Trade members of the public. published on December 17, 1997). Also Specialist, Office of Textiles and The conference will consist of see 62 FR 67624, published on Apparel, U.S. Department of Commerce, morning and afternoon plenary sessions December 29, 1997. (202) 482–4212. For information on the with additional, smaller working groups Troy H. Cribb, quota status of these limits, refer to the Quota Status Reports posted on the at midday. Conference topics will Chairman, Committee for the Implementation explore whether a comprehensive of Textile Agreements. bulletin boards of each Customs port or regime of legal protection is needed for call (202) 927–5850. For information on compilations of data, what safeguards Committee for the Implementation of Textile embargoes and quota re-openings, call Agreements should exist to ensure robust levels of (202) 482–3715. March 11, 1998. scientific and academic research, what SUPPLEMENTARY INFORMATION: Commissioner of Customs, market failures do exist or are likely to Authority: Section 204 of the Agricultural Department of the Treasury, Washington, DC exist in data generation industries, and Act of 1956, as amended (7 U.S.C. 1854); 20229. whether government-generated or Executive Order 11651 of March 3, 1972, as government-financed data should be Dear Commissioner: This directive amended. subject to special access rules. amends, but does not cancel, the directive issued to you on December 19, 1997, by the The current limits for certain Dated: March 11, 1998. Chairman, Committee for the Implementation categories are being adjusted, variously, Bruce A. Lehman, of Textile Agreements. That directive for carryforward used and an additional Assistant Secretary of Commerce and concerns imports of certain cotton, wool and five percent increase for traditional Commissioner of Patents and Trademarks. man-made fiber textile products, produced or folklore products made from [FR Doc. 98–6839 Filed 3–16–98; 8:45 am] manufactured in Guatemala and exported handloomed fabrics. BILLING CODE 3510±16±P during the periods January 1, 1998 through A description of the textile and May 30, 1998 and January 1, 1998 through apparel categories in terms of HTS December 31, 1998. numbers is available in the COMMITTEE FOR THE Effective on March 18, 1998, you are CORRELATION: Textile and Apparel directed to increase the limit for Categories IMPLEMENTATION OF TEXTILE Categories with the Harmonized Tariff 342/642 to 180,210 dozen 1 for the period AGREEMENTS Schedule of the United States (see January 1, 1998 through May 30, 1998, as Federal Register notice 62 FR 66057, provided for under the Uruguay Round Adjustment of an Import Limit for published on December 17, 1997). Also Agreement on Textiles and Clothing (ATC). Certain Cotton and Man-Made Fiber see 62 FR 67625, published on The Guaranteed Access Level for December 29, 1997. Textile Products Produced or Categories 342/642 remains unchanged. Manufactured in Guatemala The Committee for the Implementation of Troy H. Cribb, Textile Agreements has determined that this Chairman, Committee for the Implementation March 11, 1998. action falls within the foreign affairs of Textile Agreements. AGENCY: Committee for the exception of the rulemaking provisions of 5 Implementation of Textile Agreements Committee for the Implementation of Textile U.S.C. 553(a)(1). Agreements (CITA). Sincerely, March 11, 1998. ACTION: Issuing a directive to the Troy H. Cribb, Commissioner of Customs, Commissioner of Customs increasing a Chairman, Committee for the Implementation Department of the Treasury, Washington, DC limit. of Textile Agreements. 20229. EFFECTIVE DATE: March 18, 1998. [FR Doc. 98–6863 Filed 3–16–98; 8:45 am] Dear Commissioner: This directive amends, but does not cancel, the directive FOR FURTHER INFORMATION CONTACT: Roy BILLING CODE 3510±DR±F issued to you on December 19, 1997, by the Unger, International Trade Specialist, Chairman, Committee for the Implementation Office of Textiles and Apparel, U.S. of Textile Agreements. That directive Department of Commerce, (202) 482– COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE concerns imports of certain cotton, wool, 4212. For information on the quota man-made fiber, silk blend and other status of this limit, refer to the Quota AGREEMENTS vegetable fiber textiles and textile products, produced or manufactured in Indonesia and Status Reports posted on the bulletin Adjustment of Import Limits for Certain boards of each Customs port or call exported during the twelve-month period Cotton, Wool, Man-Made Fiber, Silk which began on January 1, 1998 and extends (202) 927–5850. For information on Blend and Other Vegetable Fiber embargoes and quota re-openings, call through December 31, 1998. Textiles and Textile Products Effective on March 18, 1998, you are (202) 482–3715. Produced or Manufactured in directed to adjust the limits for the following SUPPLEMENTARY INFORMATION: Indonesia categories, as provided for under the Uruguay Authority: Section 204 of the Agricultural Round Agreement on Textiles and Clothing: Act of 1956, as amended (7 U.S.C. 1854); March 11, 1998. Category Twelve-month limit 1 Executive Order 11651 of March 3, 1972, as AGENCY: Committee for the amended. Implementation of Textile Agreements Levels in Group I The current limit for Categories 342/ (CITA). 200 ...... 793,742 kilograms. 642 is being increased by recrediting 300/301 ...... 3,773,207 kilograms. unused carryforward applied to the 1 The limit has not been adjusted to account for 315±O 2 ...... 25,383,379 square 1997 limit. any imports exported after December 31, 1997. meters. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13037

7 Category Twelve-month limit 1 Category 369±O: all HTS numbers except receive briefing on biological and chemical 6307.10.2005 (Category 369±S); defense from the staff of the Natick Research, 5601.10.1000, 5601.21.0090, 5701.90.1020, Development, and Engineering Center. This 334/335 ...... 229,281 dozen. 5701.90.2020, 5702.10.9020, 5702.39.2010, 336/636 ...... 606,771 dozen. meeting will be open to the public. Any 5702.49.1020, 5702.49.1080, 5702.59.1000, interested person may attend, appear before, 338/339 ...... 1,114,125 dozen. 5702.99.1010, 5702.99.1090, 5705.00.2020 340/640 ...... 1,372,074 dozen. and 6406.10.7700 (Category 369pt.). or file statements with the committee at the 341 ...... 868,909 dozen. 8 Category 459pt.: all HTS numbers except time and in the manner permitted by the 342/642 ...... 381,212 dozen. 6405.20.6030, 6405.20.6060, 6405.20.6090, committee. For further information, please 347/348 ...... 1,589,155 dozen. 6406.99.1505 and 6406.99.1560. call our office at (703) 604–7490. 350/650 ...... 166,863 dozen. 9 Category 469pt.: all HTS numbers except Wayne Joyner, 5601.29.0020, 5603.94.1010 and 351/651 ...... 469,523 dozen. Program Support Specialist Army Science 359±C/659±C 3 ...... 1,303,471 kilograms. 6406.10.9020. 10 Category 604±O: all HTS numbers except Board. 361 ...... 1,221,141 numbers. 5509.32.0000 (Category 604±A). [FR Doc. 98–6834 Filed 3–16–98; 8:45 am] 445/446 ...... 53,767 dozen. 11 Category 659±O: all HTS numbers except BILLING CODE 3710±08±M 447 ...... 16,049 dozen. 6103.23.0055, 6103.43.2020, 6103.43.2025, 611±O 4 ...... 4,108,000 square me- 6103.49.2000, 6103.49.8038, 6104.63.1020, ters. 6104.63.1030, 6104.69.1000, 6104.69.8014, 619/620 ...... 8,506,863 square me- 6114.30.3044, 6114.30.3054, 6203.43.2010, DEPARTMENT OF DEFENSE ters. 6203.43.2090, 6203.49.1010, 6203.49.1090, 634/635 ...... 288,937 dozen. 6204.63.1510, 6204.69.1010, 6210.10.9010, Department of the Army 638/639 ...... 1,426,959 dozen. 6211.33.0010, 6211.33.0017, 6211.43.0010 641 ...... 2,324,937 dozen. (Category 659±C); 6112.31.0010, Army Science Board; Notice of Open 6112.31.0020, 6112.41.0010, 6112.41.0020, 647/648 ...... 3,324,571 dozen. 6112.41.0030, 6112.41.0040, 6211.11.1010, Meeting Group II 6211.11.1020, 6211.12.1010, 6211.12.1020 201, 218, 220, 222± 88,703,224 square (Category 659±S); 6406.99.1510 and In accordance with Section 10(a)(2) of 224, 226, 227, meters equivalent. 6406.99.1540 (Category 659pt.). the Federal Advisory Committee Act 237, 239pt. 5, 332, 12 Category 669±O: all HTS numbers except (Pub. L. 92–463), announcement is 333, 352, 359±O 6, 6305.32.0010, 6305.32.0020, 6305.33.0010, made of the following Committee 362, 363, 369±O 7, 6305.33.0020, 6305.39.0000 (Category 669± Meeting: 400, 410, 414, P); 5601.10.2000, 5601.22.0090, 5607.49.3000, 5607.50.4000 and 431, 434, 435, Name of Committee: Army Science Board 6406.10.9040 (Category 669pt.). (ASB). 436, 438, 440, 13 Category 670±O: all HTS numbers except 442, 444, 459pt. 8, Date of Meeting: 30 March 1998. 4202.12.8030, 4202.12.8070, 4202.92.3020, Time of Meeting: 0830–1630. 464, 469pt. 9, 603, 4202.92.3031, 4202.92.9025 and 604±O 10, 606, 6307.90.9907 (Category 670±L). Place: Abdingdon, MD. 607, 621, 622, 14 Category 859pt.: only HTS numbers Agenda: The Army Science Board’s (ASB) Issue Group Study on ‘‘Review of Risk 624, 633, 649, 6115.19.8040, 6117.10.6020, 6212.10.5030, Assessment Methodology for Proposed DoD 652, 659±O 11, 6212.10.9040, 6212.20.0030, 6212.30.0030, 6212.90.0090, 6214.10.2000 and Range Rule’’ will meet for briefings and 666, 669±O 12, 6214.90.0090. discussions. This meeting will be open to the 670±O 13, 831, public. Any interested person may attend, 833±836, 838, The Committee for the Implementation of appear before, or file statements with the 840, 842±846, Textile Agreements has determined that committee at the time and in the manner 850±852, 858 and these actions fall within the foreign affairs permitted by the committee. For further 859pt. 14, as a exception to the rulemaking provisions of 5 information, please contact our office at (703) group. U.S.C. 553(a)(1). Sincerely, 604–7490. 1 The limits have not been adjusted to ac- Wayne Joyner, Troy H. Cribb, count for any imports exported after December Program Support Specialist, Army Science 31, 1997. Chairman, Committee for the Implementation Board. 2 Category 315±O: all HTS numbers except of Textile Agreements. 5208.52.4055. [FR Doc. 98–6835 Filed 3–16–98; 8:45 am] 3 [FR Doc.98–6864 Filed 3–16–98; 8:45 am] Category 359±C: only HTS numbers BILLING CODE 3710±08±M 6103.42.2025, 6103.49.8034, 6104.62.1020, BILLING CODE 3510±DR±F 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and DEPARTMENT OF DEFENSE 6211.42.0010; Category 659±C: only HTS DEPARTMENT OF DEFENSE numbers 6103.23.0055, 6103.43.2020, Department of the Army 6103.43.2025, 6103.49.2000, 6103.49.8038, Department of the Army 6104.63.1020, 6104.63.1030, 6104.69.1000, Army Science Board; Notice of Open 6104.69.8014, 6114.30.3044, 6114.30.3054, Army Science Board Notice of Open Meeting 6203.43.2010, 6203.43.2090, 6203.49.1010, Meeting 6203.49.1090, 6204.63.1510, 6204.69.1010, In accordance with Section 10(a)(2) of 6210.10.9010, 6211.33.0010, 6211.33.0017 and 6211.43.0010. In accordance with Section 10(a)(2) of the Federal Advisory Committee Act 4 Category 611±O: only HTS numbers the Federal Advisory Committee Act (Pub. L. 92–463), announcement is 5516.14.0005, 5516.14.0025 and (P.L. 92–463), announcement is made of made of the following Committee 5516.14.0085. the following Committee Meeting: Meeting: 5 Category 239pt.: only HTS number 6209.20.5040 (diapers). Name of Committee: Army Science Board Name of Committee: Army Science Board 6 Category 359±O: all HTS numbers except (ASB). (ASB). 6103.42.2025, 6103.49.8034, 6104.62.1020, Date of Meeting: 25 March 1998. Date of Meeting: 16–17 April 1998. 6104.69.8010, 6114.20.0048, 6114.20.0052, Time of Meeting: 0800–1700. Time of Meeting: 0830–1700 (both days). 6203.42.2010, 6203.42.2090, 6204.62.2010, Place: Natick Research, Development, and 6211.32.0010, 6211.32.0025 and Place: Association of the United States 6211.42.0010 (Category 359±C); Engineering Center, Kansas Street, Natick, Army, 2425 Wilson Boulevard, Conference 6112.39.0010, 6112.49.0010, 6211.11.8010, MA. Main Room, Arlington, VA. 6211.11.8020, 6211.12.8010 and Agenda: The Army Science Board’s (ASB) Agenda: The Army Science Board’s (ASB) 6211.12.8020 (Category 359±S) and Independent Assessment Panel on ‘‘Hit-to- 1998 Summer Study Group on ‘‘Concepts 6406.99.1550 (Category 359pt.). Kill Interceptor Lethality—Phase II’’ will and Technology for the Army Beyond 2010’’ 13038 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices will meet to hear panel progress reports. Arsenal. These meetings will be closed to the Dated: March 11, 1998. These meetings will be open to the public. public in accordance with Section 552b(c) of Any interested person may attend, appear title 5, U.S.C., specifically subparagraph (4) L.M. Bynum, before, or file statements with the committee thereof, and title 5, U.S.C., Appendix 2, at the time and in the manner permitted by Alternate OSD Federal Register Liaison subsection 10(d). The proprietary matters to the committee. For further information, Officer, Department of Defense. please contact our office at (703) 604–7490. be discussed are so inextricably intertwined [FR Doc. 98–6746 Filed 3–16–98; 8:45 am] so as to preclude opening any portion of Wayne Joyner, BILLING CODE 5000±04±F these meetings. For further information, Program Support Specialist, Army Science please contact our office at (703) 604–7490. Board. Wayne Joyner, [FR Doc. 98–6836 Filed 3–16–98; 8:45 am] DEPARTMENT OF DEFENSE BILLING CODE 3210±08±M Program Support Specialist, Army Science Board. Defense Logistics Agency [FR Doc. 98–6838 Filed 3–16–98; 8:45 am] Proposed Collection; Comment DEPARTMENT OF DEFENSE BILLING CODE 3710±08±M Request Department of the Army AGENCY: Defense Logistics Agency. DEPARTMENT OF DEFENSE ACTION: Notice. Army Science Board, Notice of Open Meeting Department of the Army SUMMARY: In compliance with Section In accordance with Section 10(a)(2) of 3506(c)(2)(A) of the Paperwork the Federal Advisory Committee Act Privacy Act of 1974; System of Reduction Act of 1995, The Defense (Pub. L. 92–463), announcement is Records Logistics Agency, announces a proposed made of the following Committee public information collection and seeks Meeting: AGENCY: Department of the Army, DoD. public comment on the provisions ACTION: Notice to Amend System of thereof. Comments are invited on: (a) Name of Committee: Army Science Board Whether the proposed collection of (ASB). Records. Date of Meeting: 25–26 March 1998. information is necessary for the proper performance of the functions of the Time of Meeting: 0830–1700, 25 Mar 98; SUMMARY: The Department of the Army agency, including whether the 0900–1600, 26 Mar 98. is amending the system identifier to a Place: Association of the U.S. Army, 2425 information shall have practical utility; system of records notice. The Army Wilson Blvd., Arlington, VA. (b) the accuracy of the agency’s estimate Agenda: The Army Science Board’s (ASB) system of records notice identified as of the burden of the proposed 1998 Summer Study panel on ‘‘Concepts and A0635/690 TAPC, entitled Army Career information collection; (c) ways to Technology for the Army Beyond 2020’’ will and Alumni Program, Pre-separation enhance the quality, utility, and clarity meet for briefings and discussions. These and Job Assistance Counseling of the information to be collected; and meetings will be open to the public. Any published on March 2, 1998, at 63 FR interested person may attend, appear before, (d) ways to minimize the burden of the or file statements with the committee at the 10204, is being changed to A0600o information collection on respondents, time and in the manner permitted by the TAPC, same title. including through the use of automated committee. For further information, please EFFECTIVE DATE: March 17, 1998. collection techniques or other forms of call our office at (703) 604–7490. information technology. ADDRESSES: Privacy Act Officer, Records Wayne Joyner, Management Program Division, U.S. DATES: Consideration will be given to all Program Support Specialist, Army Science comments received until May 18, 1998. Board. Total Army Personnel Command, ATTN: TAPC-PDR-P, Stop C55, Ft. ADDRESSES: Written comments and [FR Doc. 98–6837 Filed 3–16–98; 8:45 am] Belvoir, VA 22060–5576. recommendations on the proposed BILLING CODE 3710±08±M information collection should be sent to FOR FURTHER INFORMATION CONTACT: Ms. Defense Logistics Agency Headquarters, Janice Thornton at (703) 806–4390 or ATTN: Mr. Joseph J. Kunda, DLSC–LC, DEPARTMENT OF DEFENSE DSN 656–4390. 8725 John J. Kingman Rd., Ft. Belvoir, Department of the Army SUPPLEMENTARY INFORMATION: The VA 22060–6221. Department of the Army systems of FOR FURTHER INFORMATION CONTACT: To Army Science Board; Notice of Closed records notices subject to the Privacy request more information on this Meeting Act of 1974, (5 U.S.C. 552a), as proposal information collection or to amended, have been published in the obtain a copy of the proposal and In accordance with Section 10(a)(2) of Federal Register and are available from associated collection instructions, the Federal Advisory Committee Act the address above. please write to the above address, or call (Pub. L. 92–463), announcement is DLSC–LC at (703) 767–1542. made of the following Committee The Army system of records notice Title, Associated Form, and OMB Meeting: identified as A0635/690 TAPC, entitled Number: End-Use Certificate, DLA Form Name of Committee: Army Science Board Army Career and Alumni Program, Pre- 1822, OMB No. 0704–0382. (ASB). separation and Job Assistance Needs and Uses: The form is used to Date of Meeting: 31 March and 1 April Counseling published on March 2, 1998, control the ultimate disposition of 1998. at 63 FR 10204, is being changed to Munitions List Items and Commerce Time of Meeting: 0800–1700, 31 Mar 98; A0600o TAPC, same title. The Control List Items. Successful bidders 0800–1600, 1 Apr 98. amendment is not within the purview of are checked to determine if they are Place: Picatinny Arsenal, NJ. Agenda: The Army Science Board (ASB) subsection (r) of the Privacy Act of 1974, responsible and are not debarred Issue Group Study on ‘‘Impacts of Precision (5 U.S.C. 552a), as amended, which bidders, Specially Designated Nationals Guided Munitions on Future Tank and requires the submission of a new or or Blocked Persons and will not divert Howitzer Capabilities’’ will visit Picatinny altered system report. the property to denied/sanctioned Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13039 counties or unauthorized destinations or Dated: February 13, 1998. license in the United States to practice sell bidder experience list, firms or Lawrence L. Larson, the Government owned invention individuals. Colonel, USMC, Head, Military Construction described in U.S. Patent No. 4,264,362 Affected Public: Individuals; and Land Use Branch, Facilities and Services entitled ‘‘Supercorroding Galvanic Cell businesses or other for profit; not-for- Division, Installations and Logistics Alloys for Generation of Heat and Gas’’ profit institutions; State, local or tribal Department, Headquarters, U.S. Marine issued April 28, 1981. Corps. government. DATES: Anyone wishing to object to the Annual Burden Hours: 13,200. [FR Doc. 98–6829 Filed 3–16–98; 8:45 am] grant of this license has 60 days from Number of Respondents: 40,000. BILLING CODE 3810±FF±P the date of this notice to file written Responses per Respondent: 1. Average Burden per Response: 33. objections along with supporting evidence, if any. Written objections are Frequency: On occasion. DEPARTMENT OF DEFENSE to be filed with the Office of Naval SUPPLEMENTARY INFORMATION: Inventions, Government-Owned; Research, ONR 00CC, Ballston Tower Summary of Information Collection Availability for Licensing One, 800 North Quincy Street, Respondents are customers that Arlington, Virginia 22217–5660. purchase surplus property, munitions AGENCY: Department of the Navy, DoD. FOR FURTHER INFORMATION CONTACT: Mr. and commerce control list items. ACTION: Intent to grant exclusive license; R. J. Erickson, Staff Patent Attorney, Bidders are checked to determine if they Environics, Inc. Office of Naval Research, ONR 00CC, are responsible and not debarred Ballston Tower One, 800 North Quincy bidders, Specially Designated Nationals SUMMARY: The Department of the Navy Street, Arlington, Virginia 22217–5660, or Blocked Persons. hereby gives notice of its intent to grant telephone (703) 696–4001. Environics, Inc., a revocable, The form is available from the DEMIL (Authority: 35 U. S. C. 207, 37 CFR Part 404) Home Page on Internet, Defense nonassignable, exclusive license in the Dated: March 6, 1998. Reutilization and Marketing Service United States to practice the sales catalogs, Defense Contact Government owned invention described Lou Rae Langevin, Management Command offices, in U.S. Patent Application No. 08/ Lieutenant, Judge Advocate General’s Corps, FormFlow and ProForm. 625,506, entitled ‘‘Atmospheric Ozone U.S. Navy, Alternate Federal Register Liaison Officer. Carla A. Von Bernewitz, Concentration Detector,’’ filed March [FR Doc. 98–6845 Filed 3–16–98; 8:45 am] Chief Information Officer, Defense Logistics 29, 1996. Agency. DATES: Anyone wishing to object to the BILLING CODE 3810±FF±P [FR Doc. 98–6619 Filed 3–16–98; 8:45 am] grant of this license must file written BILLING CODE 3620±01±M objections along with supporting evidence, not later than May 18, 1998. DEPARTMENT OF ENERGY ADDRESSES: Written objections are to be Proposal To Revoke Designations of DEPARTMENT OF DEFENSE filed with the Office of Naval Research, Inactive Uranium Mill Tailings Sites in ONR 00CC, Ballston Tower One, 800 Department of the Navy North Dakota Previously Designated North Quincy Street, Arlington, Virginia Under the Uranium Mill Tailings Notice of Termination of an 22217–5660. Radiation Control Act (UMTRCA) of Environmental Impact Statement for FOR FURTHER INFORMATION CONTACT: Mr. 1978 Construction of a Solid Waste Landfill R. J. Erickson, Staff Patent Attorney, AGENCY: on Marine Corps Base, Quantico, VA Office of Naval Research, ONR 00CC, Office of Environmental Ballston Tower One, 800 North Quincy Management, Department of Energy. AGENCY: Department of the Navy, DOD. Street, Arlington, Virginia 22217–5660, ACTION: Notice of proposal to revoke ACTION: Notice. telephone (703) 696–4001. designations of inactive uranium mill tailings sites in North Dakota previously SUMMARY: (Authority: 35 U.S.C. 207, 37 CFR Part 404). The Marine Corps has been in designated under the provisions of the Dated: March 5, 1998. the process of preparing an Uranium Mill Tailings Radiation Environmental Impact Statement (EIS) Lou Rae Langevin, Control Act of 1978. in compliance with the National LT. JAGC, USN, Alternate Federal Register Environmental Policy Act of 1969 for Liaison Officer. SUMMARY: In 1979, the Secretary of the construction and operation of a solid [FR Doc. 98–6860 Filed 3–16–98; 8:45 am] Energy designated inactive uranium waste landfill on Marine Corps Base BILLING CODE 3810±FF±M milling sites, including two sites at (MCB), Quantico, Virginia. The Notice Belfield and Bowman, North Dakota, for of Intent for preparing the EIS was cleanup under the Uranium Mill published in the Federal Register on DEPARTMENT OF DEFENSE Tailings Radiation Control Act of 1978. November 10, 1993. After a thorough In 1995, the State of North Dakota review of the project, the Marine Corps Department of the Navy requested that the designations of the decided to dispose of solid waste Belfield and Bowman sites be revoked Notice of Intent To Grant Exclusive generated by MCB Quantico at existing citing its belief that there will be Patent License; Zesto Therm, Inc. off-base landfills in the region. minimal risk to the public and the Accordingly, the EIS is terminated and AGENCY: Department of the Navy, DoD. environment if the sites are not cleaned the Marine Corps does not at this time ACTION: Notice of intent to grant up and the State’s inability to pay its 10 propose to construct a new solid waste exclusive license. percent share of the cleanup costs landfill at MCB Quantico. required by UMTRCA. The Department FOR FURTHER INFORMATION CONTACT: Mr. SUMMARY: The Department of the Navy of Energy is proposing to revoke the Jeff Shrum, Environmental Department, hereby gives notice of its intent to grant designations of these sites because of Marine Corps Base, Quantico, Virginia to Zesto Therm, Inc., a revocable, the low risks to the public and the 22134–5001, telephone (703) 784–5384. nonassignable, partially exclusive environment at the sites, DOE’s lack of 13040 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices authority to clean up the two sites Bowman sites under UMTRCA and Specific Advisory Board (EM SSAB), without costsharing by the State, and terminate the Cooperative Agreement Rocky Flats. the existence of alternative authority to between the State and the Department. DATES: Thursday, April 2, 1998, 6:00 regulate the sites following revocation of The State’s request expressed the view p.m.—9:30 p.m. the designations. Following revocation, that there would be minimal risk to the ADDRESSES: Westminster City Hall, these two sites will no longer be eligible public and environment if the sites were Lower-level Multi-purpose Room, 4800 for cleanup under the provisions of not cleaned up and noted that the North West 92nd Avenue, Westminster, CO. UMTRCA. Dakota legislature was not likely to FOR FURTHER INFORMATION CONTACT: Ken DATES: Public comments will be appropriate funds for the State’s 10 Korkia, Board/Staff Coordinator, EM accepted on this proposed action. percent share of the cleanup costs. SSAB-Rocky Flats, 9035 North Comments should be submitted by April Under section 102(a)(1) of UMTRCA, Wadsworth Parkway, Suite 2250, 16, 1998. If the Department does not 42 U.S.C. 7912(a)(1), the Department has Westminster, CO 80021, phone: (303) receive any comments on this proposed the implicit authority to revoke the 420–7855, fax: (303) 420–7579. action that would cause it to reconsider designations of the two sites. There are its proposal, the revocations shall be three reasons why the Department is SUPPLEMENTARY INFORMATION: effective on May 18, 1998; and the taking this action. First, the risk to the Purpose of the Board Belfield and Bowman, North Dakota, public and environment is low, and the processing sites and associated vicinity public will be protected through State The purpose of the Board is to make properties will no longer be eligible for regulation of the radioactive material at recommendations to DOE and its remedial action by the Department of the sites. In arriving at this conclusion, regulators in the areas of environmental Energy under the provisions of the Department prepared an restoration, waste management, and UMTRCA. Environmental Assessment and has related activities. ADDRESSES: Comments should be sent issued a Finding of No Significant Tentative Agenda Impact for this proposed action. Second, to: Loretta B. Fahy, Office of 1. The Board will consider approving since the State of North Dakota has Environmental Restoration, EM–45, U.S. a recommendation concerning economic declined to appropriate the State’s cost Department of Energy, 19901 reuse at the Rocky Flats Technology share, the Department lacks the Germantown Road, Germantown, Site. authority under UMTRCA to conduct Maryland 20874. 2. The Board will discuss a survey of FOR FURTHER INFORMATION CONTACT: the cleanup. Third, neither the Nuclear Regulatory area residents regarding outreach Loretta B. Fahy, Office of Environmental preferences, community involvement, Restoration, (301) 903–3895. Commission nor the Environmental Protection Agency has expressed any and knowledge of the Board and issues SUPPLEMENTARY INFORMATION: The objection to the Department’s proposed surrounding Rocky Flats. purpose of the Uranium Mill Tailings action. The Nuclear Regulatory Radiation Control Act of 1978 is to Public Participation Commission staff has advised the State provide, in cooperation with interested The meeting is open to the public. and the Department that the State of States, Indian tribes, and persons who Written statements may be filed with North Dakota can regulate the sites own or control inactive uranium milling the Committee either before or after the under separate existing State authority. sites, a program of assessment and meeting. Individuals who wish to make The Environmental Protection Agency remedial action at certain designated oral statements pertaining to agenda has advised the Department that it will sites to stabilize and control the tailings items should contact Ken Korkia at the not object to the Department’s action, in a safe and environmentally sound address or telephone number listed provided that the State assumes manner and to minimize or eliminate above. Requests must be received 5 days regulatory responsibility for the sites. radiation health hazards. Section prior to the meeting and reasonable The State has notified the Department of 102(a)(1) of UMTRCA, 42 U.S.C. provision will be made to include the its willingness to assume this 7912(a)(1), required DOE to designate presentation in the agenda. The responsibility. twenty-two sites specified in the Act Designated Federal Official is and gave the Secretary discretionary Issued in Washington, D.C. on this 10th of empowered to conduct the meeting in a authority to designate other sites. The March, 1998. fashion that will facilitate the orderly Belfield and Bowman sites were James J. Fiore, conduct of business. Each individual designated under this discretionary Acting Deputy Assistant Secretary for wishing to make public comment will authority of the Secretary (44 FR 74982, Environmental Management. be provided a maximum of 5 minutes to December 18, 1979). [FR Doc. 98–6865 Filed 3–16–98; 8:45 am] present their comments at the beginning Under the provisions of section 107(a) BILLING CODE 6450±01±P of the meeting. of UMTRCA, 42 U.S.C. 7917(a), the Minutes Secretary is authorized to pay only 90 percent of the cost of remedial action at DEPARTMENT OF ENERGY The minutes of this meeting will be designated sites not on Indian lands, available for public review and copying and the State is required to provide the Environmental Management Site- at the Freedom of Information Public remaining 10 percent. If the State does Specific Advisory Board, Rocky Flats Reading Room, 1E–190, Forrestal not provide its share of the remedial AGENCY: Department of Energy. Building, 1000 Independence Avenue, action costs, the Secretary lacks the ACTION: Notice of open meeting. SW, Washington, DC 20585 between necessary authority to perform remedial 9:00 a.m. and 4 p.m., Monday-Friday, action at the sites in that State. SUMMARY: Pursuant to the provisions of except Federal holidays. Minutes will The State of North Dakota, by letter the Federal Advisory Committee Act also be available at the Public Reading dated March 14, 1995, requested that (Public Law 92–463, 86 Stat. 770) notice Room located at the Board’s office at the Department of Energy take whatever is hereby given of the following 9035 North Wadsworth Parkway, Suite action is necessary to revoke the Advisory Committee meeting: 2250, Westminster, CO 80021; designations of the Belfield and Environmental Management Site- telephone (303) 420–7855. Hours of Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13041 operation for the Public Reading Room fashion that will facilitate the orderly Advisory Board (AB–1), U.S. are 9:00 am and 4:00 pm on Monday conduct of business. Each individual Department of Energy, 1000 through Friday. Minutes will also be wishing to make public comment will Independence Avenue, SW, made available by writing or calling Deb be provided a maximum of 5 minutes to Washington, D.C. 20585, (202) 586–1709 Thompson at the Board’s office address present their comments near the or (202) 586–6279 (fax). or telephone number listed above. beginning of the meeting. SUPPLEMENTARY INFORMATION: Issued at Washington, DC on March 12, Minutes Purpose of the Board 1998. The minutes of this meeting will be Rachel Samuel, The Secretary of Energy Advisory available for public review and copying Board (Board) reports directly to the Deputy Advisory Committee Management at the Freedom of Information Public Officer. Secretary of Energy and is chartered Reading Room, 1E–190, Forrestal under the Federal Advisory Committee [FR Doc. 98–6867 Filed 3–16–98; 8:45 am] Building, 1000 Independence Avenue, BILLING CODE 6450±01±P Act. The Board provides the Secretary of SW, Washington, DC 20585 between Energy with essential independent 9:00 a.m. and 4:00 p.m., Monday– advice and recommendations on issues Friday, except Federal holidays. DEPARTMENT OF ENERGY of national importance. On March 31, Minutes will also be available at the the Board will conduct a teleconference Environmental Management Site- Department of Energy’s Information to discuss the report of the Tennessee Specific Advisory Board, Oak Ridge Resource Center at 105 Broadway, Oak Valley Electric System Advisory Reservation Ridge, TN between 8:30 am and 5:00 pm Council, a subcommittee of the Board. on Monday, Wednesday, and Friday; AGENCY: Department of Energy. 8:30 am and 7:00 pm on Tuesday and Purpose of the Tennessee Valley ACTION: Notice of open meeting. Thursday; and 9:00 am and 1:00 pm on Electric System Advisory Committee Saturday, or by writing to Marianne (TVC) SUMMARY: Pursuant to the provisions of Heiskell, Department of Energy Oak In late 1997, the Secretary of Energy the Federal Advisory Committee Act Ridge Operations Office, 105 Broadway, (Pub. L. 92–463, 86 Stat. 770) notice is directed the Board to form a Oak Ridge, TN 37830, or by calling her subcommittee to provide advise, hereby given of the following Advisory at (423) 576–0314. Committee meeting: Environmental information, and recommendations to Management Site-Specific Advisory Issued at Washington, DC on March 12, the Board on a legislative proposal to 1998. Board (EM SSAB), Oak Ridge define the role of the Tennessee Valley Rachel Samuel, Reservation. Authority (TVA) in a restructured Deputy Advisory Committee Management competitive electric industry. The DATES: Wednesday, April 1, 1998, 6:00 Officer. Tennessee Valley Electric System p.m.–9:30 p.m. [FR Doc. 98–6868 Filed 3–16–98; 8:45 am] Advisory Committee (TVC) was ADDRESSES: Ramada Inn, 420 South BILLING CODE 6450±01±P subsequently formed by the Board and Illinois Avenue, Oak Ridge, Tennessee. Chaired by Butler Derrick, a member of FOR FURTHER INFORMATION CONTACT: the Secretary of Energy Advisory Board. Marianne Heiskell, Ex-Officio Officer, DEPARTMENT OF ENERGY Department of Energy Oak Ridge Tentative Agenda Operations Office, 105 Broadway, Oak Secretary of Energy Advisory Board; Tuesday, March 31, 1998 Ridge, TN 37830, (423) 576–0314. Notice of Open Teleconference 11:00 AM—11:10 AM SUPPLEMENTARY INFORMATION: Meeting Welcome and Opening Remarks— Purpose of the Board AGENCY: Department of Energy. SEAB Chairman Walter Massey SUMMARY: The purpose of the Board is to make Consistent with the 11:10 AM—11:30 AM recommendations to DOE and its provisions of the Federal Advisory Overview of TVC Findings and regulators in the areas of environmental Committee Act (Pub. L. 92–463, 86 Stat. Recommendations—TVC Chairman, 770), notice is hereby given of the restoration, waste management, and Butler Derrick following advisory committee related activities. 11:30 PM—12:00 PM teleconference: Public Comment Period Tentative Agenda Name: Secretary of Energy Advisory 12:00 AM—12:30 PM A business meeting will be conducted Board. SEAB Review and Comment and The purpose of the teleconference is with no technical presentation Action—SEAB Chairman Walter to discuss the report of the Tennessee provided. Massey Valley Electric System Advisory 12:30 PM Public Participation Committee, a subcommittee of the Adjourn The meeting is open to the public. Board. This tentative agenda is subject to Written statements may be filed with DATES AND TIME: Tuesday, March 31, change. the Committee either before or after the 1998, 11:00 AM—12:30 PM, EST. meeting. Individuals who wish to make ADDRESSES: Participants may call toll Public Participation oral statements pertaining to agenda free by dialing 1–800–239–5258 and The Chairman of the Secretary of items should contact Marianne Heiskell then providing the switchboard operator Energy Advisory Board is empowered to at the address or telephone number with participant code number 38271. conduct the teleconference in a way that listed above. Requests must be received Public participation is welcomed. will, in the Chairman’s judgment, 5 days prior to the meeting and However, the number of teleconference facilitate the orderly conduct of reasonable provision will be made to lines are limited and available on a first business. During its teleconference, the include the presentation in the agenda. come basis. Board welcomes public comment. The Designated Federal Official is FOR FURTHER INFORMATION CONTACT: Members of the public will be heard empowered to conduct the meeting in a Richard C. Burrow, Secretary of Energy during the public comment period. The 13042 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

Board will make every effort to hear the facilities will be approximately party must move to intervene and views of all interested parties. Written $615,000, which will be fully receive intervenor status pursuant to the comments may be submitted to Skila reimbursed by DePere. ANR will Commission’s regulations (18 CFR Harris, Executive Director, Secretary of initially provide deliveries to DePere at 385.214). Energy Advisory Board, AB–1, US the interconnection pursuant to the For additional information, please contact Department of Energy, 1000 provisions of its FERC Gas Tariff, William J. Collins at (202) 208–0248. Independence Avenue, SW, Second Revised Volume No. 1. The Linwood A. Watson, Jr., Washington, D.C. 20585. This notice is proposed interconnection will Acting Secretary. being published less than 15 days before accommodate up to 60 MMcf/d. the date of the meeting due to ANR states that the construction of [FR Doc. 98–6798 Filed 3–16–98; 8:45 am] programmatic issues that had to be the proposed interconnection facilities BILLING CODE 6717±01±M resolved prior to publication. will have no effect on its peak day and annual deliveries, that its existing tariff Minutes does not prohibit additional DEPARTMENT OF ENERGY Minutes and a transcript of the interconnections, that deliveries will be Federal Energy Regulatory teleconference will be available for accomplished without detriment or Commission public review and copying disadvantage to its other customers and approximately 30 days following the that the total volumes delivered will not [Docket No. RP97±373±000] meeting at the Freedom of Information exceed total volumes authorized prior to Public Reading Room, 1E–190 Forrestal this request. Koch Gateway Pipeline Company; Building, 1000 Independence Avenue, Any person or the Commission’s staff Notice Rescheduling Informal SW, Washington, D.C., between 9:00 may, within 45 days after issuance of Settlement Conference AM and 4:00 PM, Monday through the instant notice by the Commission, March 11, 1998. Friday except Federal holidays. file pursuant to Rule 214 of the Take notice that the informal Information on the Secretary of Energy Commission’s Procedural Rules (18 CFR settlement conference scheduled to Advisory Board may also be found at 385.214) a motion to intervene or notice the Board’s web site, located at http:// of intervention and pursuant to Section convene in this proceeding on March www.hr.doe.gov/seab. 157.205 of the Regulations under the 12, 1998 has been canceled and Natural Gas Act (18 CFR 157.205) a rescheduled for March 17, 1998, at Issued at Washington, D.C., on March 12, 10:00 a.m., at the offices of the Federal 1998. protest to the request. If no protest is filed within the time allowed therefor, Energy Regulatory Commission, 888 Rachel M. Samuel, First Street, N.E., Washington, D.C., for Deputy Advisory Committee Management the proposed activity shall be deemed to be authorized effective the day after the the purpose of exploring the possible Officer. settlement of the above-referenced [FR Doc. 98–6866 Filed 3–16–98; 8:45 am] time allowed for filing a protest. If a protest is filed and not withdrawn docket. BILLING CODE 6450±01±P within 30 days after the time allowed Any party, as defined by 18 CFR for filing a protest, the instant request 385.102(c), or any participant as defined by 18 CFR 385.102(b), is invited to DEPARTMENT OF ENERGY shall be treated as an application for authorization pursuant to Section 7 of attend. Persons wishing to become a Federal Energy Regulatory the Natural Gas Act. party must move to intervene and receive intervenor status pursuant to the Commission Linwood A. Watson, Jr., Commission’s regulations (18 CFR [Docket No. CP98±261±000] Acting Secretary. 385.214). [FR Doc. 98–6794 Filed 3–16–98; 8:45 am] For additional information, contact Edith ANR Pipeline Company; Notice of BILLING CODE 6717±01±M Request Under Blanket Authorization A. Gilmore at (202) 208–2158 or Sandra J. Delude at (202) 208–0583. March 11, 1998. DEPARTMENT OF ENERGY Linwood A. Watson, Jr., Take notice that on March 4, 1998, Acting Secretary. ANR Pipeline Company (ANR), 500 Federal Energy Regulatory [FR Doc. 98–6797 Filed 3–16–98; 8:45 am] Renaissance Center, Detroit, Michigan Commission BILLING CODE 6717±01±M 48243, filed in Docket No. CP98–261– 000 a request pursuant to Sections [Docket No. RP97±406±000] 157.205 and 157.211 of the CNG Transmission Corporation; Notice DEPARTMENT OF ENERGY Commission’s Regulations under the of Informal Settlement Conference Natural Gas Act (18 CFR 157.205, Federal Energy Regulatory 157.211) for authorization to construct March 11, 1998. Commission and operate an interconnection between Take notice that an informal [Project No. 2077±000 NH/VT] ANR and DePere Energy LLC (DePere) settlement conference will be convened for the ultimate delivery of natural gas in this proceeding on Thursday, March New England Power Company; Notice to DePere’s proposed power plant in 19, 1998, at 10:00 a.m., at the offices of of New England Power Company's DePere, Wisconsin, under ANR’s the Federal Energy Regulatory Request to Use Alternative Procedures blanket certificate pursuant to Section 7 Commission, 888 First Street, N.E., in Filing a License Application of the Natural Gas Act, all as more fully Washington, D.C. 20426, for the purpose set forth in the request that is on file of exploring the possible settlement in March 11, 1998. with the Commission and open to the above-referenced docket. On March 9, 1998, the existing public inspection. Any party, as defined by 18 CFR licensee, New England Power Company ANR’s proposed interconnection 385.102(c), or any participant as defined (New England Power), filed a request to facilities will consist of metering by 18 CFR 385.102(b), is invited to use alternative procedures for facilities and a tap. The total cost of the attend. Persons wishing to become a submitting an application for new Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13043 license for the existing Fifteen Mile agencies, Indian tribes, and NGOs Filing Requirements Falls Hydroelectric Project No. 2077. during preparation of the application for The comments must be filed by The project is located on the the license and before filing it, but the providing an original and 8 copies as Connecticut River, in Grafton County, Commission staff performs the required by the Commission’s New Hampshire, and Caledonia and environmental review after the regulations to: Federal Energy Essex Counties, Vermont, and consists application is filed. The alternative Regulatory Commission, Office of the of the 10.56–MW McIndoes procedures are intended to simplify and Secretary, Dockets—Room 1A, 888 First Development, 140.4–MW Comerford expedite the licensing process by Street, NE, Washington, DC 20426. Development, and 140.4–MW Moore combining the prefiling consultation All comment filings must bear the Development. New England Power has and environmental review processes heading ‘‘Comments on the Alternative demonstrated that it has made an effort into a single process, to facilitate greater Procedures,’’ and include the project to contact all resource agencies, Indian participation, and to improve name and number (Fifteen Mile Falls tribes, nongovernmental organizations communication and cooperation among Hydroelectric Project No. 2077). (NGOs), and others affected by the the participants. For further information on this proposal, and that a consensus exists Applicant Prepared EA Process and process or on the presentation, please that the use of alternative procedures is Fifteen Mile Falls Project Schedule contact William Guey-Lee of the Federal appropriate in this case. Energy Regulatory Commission at 202– New England Power has submitted a New England Power has distributed 219–2938 or E-mail at communications protocol that is an Initial Consultation Document for the [email protected]. supported by most interested entities. proposed project to stated and federal Linwood A. Watson, Jr., New England Power has also executed resource agencies, Indian tribes, and a settlement agreement with state and NGOs. New England Power has been Acting Secretary. federal resource agencies and NGOs, engaged in settlement discussions, and [FR Doc. 98–6796 Filed 3–16–98; 8:45 am] which is attached to its request for use met with the participants on February BILLING CODE 6717±01±M of alternative procedures. 12, 1998, for final approval by the The purpose of this notice is to invite participants. New England Power has any additional comments on New submitted a proposed schedule for the DEPARTMENT OF ENERGY England Power’s request to use the APEA process that leads to the filing of Federal Energy Regulatory alternative procedures, pursuant to a new license application by March Commission Section 4.34(i) of the Commission’s 1999. New England Power has regulations.1 Additional notices seeking scheduled a presentation to the [Docket No. RP98±72±002] comments on the specific project Commission staff at the Federal Energy proposal, interventions and protests, Regulatory Commission, 888 First Northern Natural Gas Company; Notice and recommended terms and conditions Street, NE, Washington, DC, on March of Proposed Changes in FERC Gas will be issued at a later date. 19, 1998, in the afternoon. Tariff The alternative procedures being Comments requested here combine the prefiling March 11, 1998. consultation process with the Interested parties have 30 days from Take notice that on March 6, 1998, environmental review process, allowing the date of this notice to file with the Northern Natural Gas Company the applicant to complete and file an Commission, any comments on New (Northern), tendered for filing to become Environmental Assessment (EA) in lieu England Power’s proposal to use the part of Northern’s FERC Gas Tariff, Fifth of Exhibit E of the license application. alternative procedures to file an Revised Volume No. 1, the following This differs from the traditional process, application for the Fifteen Mile Falls tariff sheets proposed to become in which the applicant consults with Hydroelectric Project. effective as follows:

Sheet Nos. Effective date

Sub 39 Revised Sheet No. 50 ...... January 1, 1998. Sub 40 Revised Sheet No. 50 ...... January 1, 1998. Sub 41 Revised Sheet No. 50 ...... January 1, 1998. Sub 42 Revised Sheet No. 50 ...... March 1, 1998. Sub 43 Revised Sheet No. 50 ...... April 1, 1998. Sub 39 Revised Sheet No. 51 ...... January 1, 1998. Sub 40 Revised Sheet No. 51 ...... January 1, 1998. Sub 41 Revised Sheet No. 51 ...... January 1, 1998. Sub 42 Revised Sheet No. 51 ...... March 1, 1998. Sub 43 Revised Sheet No. 51 ...... April 1, 1998. Sub 37 Revised Sheet No. 53 ...... January 1, 1998. Sub 38 Revised Sheet No. 53 ...... January 1, 1998. Sub 39 Revised Sheet No. 53 ...... March 1, 1998. Sub 40 Revised Sheet No. 53 ...... April 1, 1998.

Northern states that this filing Northern states that copies of the Federal Energy Regulatory Commission, establishes a revised 1997–1998, System filing were served upon Northern’s 888 First Street, N.E., Washington, D.C. Balancing Agreement (SBA) Cost customers and interested State 20426, in accordance with Section Recovery surcharge to be effective Commissions. 385.211 of the Commission’s Rules and January 1, 1998. Any person desiring to protest said Regulations. All such protests must be filing should file a protest with the 1 Order No. 596, Regulations for the Licensing of Hydroelectric Projects, 81 FERC ¶ 61,103 (1997). 13044 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices filed in accordance with Section Any person desiring to be heard or to SUMMARY: In compliance with the 154.210 of the Commission’s protest one or more of the filings should Paperwork Reduction Act (44 U.S.C. Regulations. Protests will be considered file a motion to intervene or protest with 3501 et seq.), this document announces by the Commission in determining the the Federal Energy Regulatory that the following Information appropriate action to be taken in this Commission, 888 First Street, N.E., Collection Request (ICR) has been proceeding, but will not serve to make Washington, D.C., 20426, in accordance forwarded to the Office of Management protestants parties to the proceeding. with Rules 211 or 214 of the and Budget (OMB) for review and Copies of this filing are on file with the Commission’s Rules of Practice and approval: Clean Air Act Tribal Commission and are available for public Procedure, 18 CFR 385.211 or 385.214. Authority (OMB Control No. 2060– inspection. All such motions to intervene or protest 0306), expiring 03/31/98. The ICR Linwood A. Watson, Jr., should be filed on or before March 26, describes the nature of the information Acting Secretary. 1998. Protests will be considered by the collection and its expected burden and [FR Doc. 98–6799 Filed 3–16–98; 8:45 am] Commission in determining the cost; where appropriate, it includes the BILLING CODE 6717±01±M appropriate action to be taken but will actual data collection instrument. not serve to make protestants parties to DATES: Comments must be submitted on the proceedings. Any person wishing to or before April 16, 1998. DEPARTMENT OF ENERGY become a party must file a motion to FOR FURTHER INFORMATION CONTACT: intervene. Copies of these filings are on Contact Sandy Farmer at EPA by phone Federal Energy Regulatory file with the Commission and are at (202) 260–2740, by email at Commission available for public inspection. [email protected], or [Docket No. RP98±99±000] Linwood A. Watson, Jr., download off the Internet at http:// Acting Secretary. www.epa.gov/icr and refer to EPA ICR Tennessee Gas Pipeline Company; [FR Doc. 98–6795 Filed 3–16–98; 8:45 am] No. 1676.02. Notice of Technical Conference BILLING CODE 6717±01±M SUPPLEMENTARY INFORMATION: March 11, 1998. Title: Clean Air Act Tribal Authority (OMB Control No. 2060–0306; EPA ICR The filing in the above captioned DEPARTMENT OF ENERGY proceeding raises issues that should be No. 1676.02.) expiring 03/31/98. This is addressed in a technical conference. a request for an extenstion of the Federal Energy Regulatory currently approved collection. Take notice that the technical Commission conference will be held on Wednesday, Abstract: This ICR requests clearance April 8, 1998, at 10:00 a.m., in a room [Docket Nos. CP98±150±000 and CP98±151± of EPA’s review and approval process to be designated at the offices of the 000] for determining Tribe eligibility to carry Federal Energy Regulatory Commission, out the Clean Air Act (CAA). Tribes may Millennium Pipeline Company, L.P. and 888 First Street, NE., Washington, DC choose to submit a CAA eligibility Columbia Gas Transmission 20426. determination and a CAA program All interested parties and Staff are Corporation; Notice of Change of application to EPA at the same time for permitted to attend. Location for Scoping Meeting approval and EPA will review both submittals simultaneously. EPA will use Linwood A. Watson, Jr., March 11, 1998. this information to determine if a Tribe Acting Secretary. The location for the environmental meets the statutory criteria under [FR Doc. 98–6800 Filed 3–16–98; 8:45 am] scoping meeting in Mount Vernon, New section 301(d) of the CAA and is BILLING CODE 6717±01±M York, on March 24, 1998, has been qualified for purposes of implementing changed from the Mount Vernon High an Air Quality Program. Section 114 of School to the following facility: Mark the CAA is the authority for the DEPARTMENT OF ENERGY Twain Junior High School, 160 collection of information. Woodlawn Avenue, Auditorium, An agency may not conduct or Federal Energy Regulatory Yonkers, New York. Commission sponsor, and a person is not required to For further information, call Paul McKee, respond to, a collection of information [Docket Nos. MG98±3±001, MG98±2±001, Office of External Affairs, at (202) 208–1088. unless it displays a currently valid OMB and MG98±4±001] Linwood A. Watson, Jr., control number. The OMB control East Tennessee Natural Gas Company, Acting Secretary. numbers for EPA’s regulations are listed Midwestern Gas Transmission [FR Doc. 98–6793 Filed 3–16–98; 8:45 am] in 40 CFR part 9 and 48 CFR Chapter Company, and Tennessee Gas Pipeline BILLING CODE 6717±01±M 15. The Federal Register Notice Company; Notice of Filing required under 5 CFR 1320.8(d), soliciting comments on this collection March 11, 1998. ENVIRONMENTAL PROTECTION of information was published on Take notice that on February 27, 1998, AGENCY 10/29/97 (62 FR 56160); no comments East Tennessee Natural Gas Company were received. (East Tennessee), Midwestern Gas [FRL±5979±3] Burden Statement: The annual public Transmission Company (Midwestern) reporting and record keeping burden for Agency Information Collection and Tennessee Gas Pipeline Company this collection of information is Activities: Submission for OMB (Tennessee) each filed revised standards estimated to average 40 hours per Review; Comment Request; Clean Air of conduct. response. Burden means the total time, East Tennessee, Midwestern and Act Tribal Authority effort, or financial resources expended Tennessee each state that it served a AGENCY: Environmental Protection by persons to generate, maintain, retain, copy of its filing on all of its customers Agency (EPA). or disclose or provide information to or and affected state regulatory for a Federal agency. This includes the ACTION: Notice. commissions. time needed to review instructions; Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13045 develop, acquire, install, and utilize encouraged to attend the proceedings as ENVIRONMENTAL PROTECTION technology and systems for the purposes observers. However, in the interest of AGENCY of collecting, validating, and verifying time and efficiency, the meeting is [FRL±5979±2] information, processing and structured to provide maximum maintaining information, and disclosing opportunity for state, tribal, and EPA Agency Information Collection and providing information; adjust the invited participants to discuss items on Activities OMB Responses existing ways to comply with any the predetermined agenda. At the previously applicable instructions and discretion of the chair of the project, an AGENCY: Environmental Protection requirements; train personnel to be able effort will be made to accommodate Agency (EPA). to respond to a collection of participation by observers attending the ACTION: Notices. information; search data sources; proceedings. complete and review the collection of SUMMARY: This document announces the information; and transmit or otherwise DATES: The four projects will meet Office of Management and Budget’s disclose the information. March 30, 1998, from 8 a.m. to 5 p.m. (OMB) responses to Agency clearance Respondents/Affected Entities: Clean and March 31, 1998, from 8 a.m. to requests, in compliance with the Air Act Tribal Authority. noon. There will be a plenary session on Paperwork Reduction Act (44 U.S.C. Estimated Number of Respondents: Community-Based Environmental 3501 et. seq.). An agency may not 36. Protection on Monday, March 30, 1998, conduct or sponsor, and a person is not Frequency of Response: Once, at the from 8 a.m. to 9:30 a.m. required to respond to, a collection of time of application. information unless it displays a Estimated Total Annual Hour Burden: ADDRESSES: The meetings will be held at currently valid OMB control number. 480 hours. The Embassy Suites Hotel, 1900 The OMB control numbers for EPA’s Estimated Total Annualized Cost Diagonal Road, Alexandria, VA. regulations are listed in 40 CFR part 9 Burden: 0. and 48 CFR Chapter 15. FOR FURTHER INFORMATION CONTACT: Send comments on the Agency’s need FOR FURTHER INFORMATION CONTACT: Darlene Harrod, Designated Federal for this information, the accuracy of the Call Sandy Farmer at (202) 260–2740, or Official (DFO), Environmental provided burden estimates, and any E-mail at Assistance Division (7408), Office of suggested methods for minimizing ‘‘[email protected],’’ and respondent burden, including through Pollution Prevention and Toxics, please refer to the appropriate EPA the use of automated collection Environmental Protection Agency, 401 Information Collection Request (ICR) techniques to the following addresses. M St., SW., Washington, DC 20460; Number. telephone: (202) 260–6904; e-mail: Please refer to EPA ICR No. 1676.02 and SUPPLEMENTARY INFORMATION: OMB Control No. 2060–0306 in any [email protected]. Any correspondence. observer wishing to speak should advise OMB Responses to Agency Clearance Ms. Sandy Farmer, U.S. Environmental the DFO at the telephone number or e- Requests Protection Agency, OPPE Regulatory mail address listed above no later than OMB Approvals Information Division (2137), 401 M 4 p.m. on March 26, 1998. Street, SW, Washington, DC 20460 EPA ICR No. 0818.06; Hazardous SUPPLEMENTARY INFORMATION: FOSTTA, Waste Industry Studies; was approved and a group of state and tribal toxics 02/10/98; OMB No. 2050–0042; expires Office of Information and Regulatory environmental managers, is intended to 07/31/98. Affairs, Office of Management and foster the exchange of toxics-related EPA ICR No. 1593.04; Standards of Budget, Attention: Desk Officer for program and enforcement information Performance for Air Emission Standards EPA, 725 17th Street, NW, among the states/tribes and between the for Tanks, Surface Impoundments, and Washington, DC 20503 states/tribes and EPA’s Office of Containers—40 CFR part 264, subpart Dated: March 11, 1998. Prevention, Pesticides and Toxic CC, and 40 CFR part 265, subpart CC; Joseph Retzer, Substances (OPPTS) and Office of was approved 02/13/98; OMB No. 2060– Director, Regulatory Information Division. Enforcement and Compliance Assurance 0318; expires 02/28/2001. [FR Doc. 98–6877 Filed 3–16–98; 8:45 am] (OECA). FOSTTA currently consists of EPA ICR No. 1818.01; EPA’s Transportation Partners; was approved BILLING CODE 6560±50±P the Coordinating Committee and four 02/09/98; OMB No. 2010–0028; expires issue-specific projects. The projects are 08/31/99. the: (1) Toxics Release Inventory EPA ICR No. 0318.07; Clean Water ENVIRONMENTAL PROTECTION Project; (2) Pollution Prevention Project; AGENCY Needs Survey; was approved 03/03/98; (3) Chemical Management Project; and OMB No. 2040–0055; expires 12/31/99. [OPPTS±00235; FRL±5777±3] (4) Lead (Pb) Project. EPA ICR No. 1842.01; Notice of Intent List of Subjects of Storm Water Discharges Associated Forum on State and Tribal Toxics with Construction Activity under an Action (FOSTTA) Projects; Open Environmental protection. NPDES General Permit—40 CFR 122.21; Meetings Dated: March 5, 1998. was approved on an emergency basis for AGENCY: six months on 02/23/98; OMB No. Environmental Protection Susan B. Hazen, Agency (EPA). 2040–0188; expires 08/31/98. Director, Environmental Assistance Division, ACTION: Notice. EPA ICR No. 1659.03; National Office of Pollution Prevention and Toxics. Emission Standards for Hazardous Air SUMMARY: Four projects of the Forum on [FR Doc. 98–6873 Filed 3–16–98; 8:45 am] Pollutants for Source Categories: State and Tribal Toxics Action BILLING CODE 6560±50±F Gasoline Distribution (Stage 1)—40 CFR (FOSTTA) will hold meetings open to part 63, subpart R; was approved 02/27/ the public at the time and place listed 98; OMB No. 2060–0325; expires 02/28/ below in this notice. The public is 2001. 13046 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

EPA ICR No. 1814.01; National Health Pesticide Programs (OPP) Pesticide endpoint) will be made available for Protection Survey of Beaches; was Assessment Guidelines will be removed public comment by notice in the approved 02/20/98; OMB No. 2040– from National Technical Information Federal Register. Additionally, EPA 0189; expires 02/28/2000. Services (NTIS). submits substantively revised and new test guidelines to peer review by expert EPA ICR Withdrawn ADDRESSES: The test guidelines are available from the U.S. Government scientific panels. Test guidelines which EPA ICR Nos. 1839.01 and 1591.09, Printing Office, Washington, DC 20402 are reformatted but not changed in any Modification to Standards and on the Federal Bulletin Board. By substantive way are not made available Requirements for Reformulated and modem dial (202) 512–1387, telnet and for public comment or submitted to peer Conventional Gasoline; was withdrawn ftp: fedbbs.access.gpo.gov (IP review. from OMB 02/13/98. 162.140.64.19) or for disks or paper All final test guidelines will be made OMB Disapproval copies: call (202) 512–0132. The test available through the GPO electronic guidelines are also available Federal Bulletin Board and the Internet EPA ICR No. 1837.01; Four Private- electronically in ASCII and PDF on the EPA World Wide Web Home Party Anecdotal Surveys Regarding (portable document format) from the Page as a unified library of OPPTS test Prospective Purchaser Agreements and EPA’s World Wide Web site (http:// guidelines for use by either EPA Comfort/Status Letters; was disapproved www.epa.gov/epahome/research.htm) program office. Printed versions of the by OMB 02/06/98. under the heading ‘‘Researchers and unified library of OPPTS test guidelines Dated: March 11, 1998. Scientists/Test Methods and will also be available to the public Joseph Retzer, Guidelines/OPPTS Harmonized Test through the GPO. For purposes of this Director, Regulatory Information Division. Guidelines.’’ Federal Register notice, ‘‘publication’’ [FR Doc. 98–6878 Filed 3–16–98; 8:45 am] FOR FURTHER INFORMATION CONTACT: For of the unified library of test guidelines generally describes the availability of BILLING CODE 6560±50±M general information: By mail: Federal Insecticide, Fungicide, and Rodenticide these final guidelines through the GPO Act (FIFRA) information: Contact the and the Internet. Because harmonization ENVIRONMENTAL PROTECTION Communications Services Branch and updating is an ongoing task that AGENCY (7506C), Field and External Affairs will periodically result in modified test guidelines, some test guidelines being [OPP±00512; FRL±5758±1] Division, Office of Pesticide Programs, Environmental Protection Agency, 401 made available via GPO and the Internet will be revised in the future. These Testing Guidelines; Notice of M St., SW., Washington, DC 20460, efforts will ensure that industry is Availability telephone number: (703) 305–5017, fax number: (703) 305–5558. provided with test guidelines that are AGENCY: Environmental Protection For technical questions on Series 810 current. Explicit test requirements for Agency (EPA). Group A test guidelines: David Brassard, pesticide registration are set out in 40 ACTION: Notice of availability. (703) 308–1804 or e-mail: CFR part 158 which refers to specific [email protected]. test guidelines by guideline number. SUMMARY: EPA has established a unified For technical questions on Series 810 EPA recommends that the OPPTS test library for test guidelines issued by the Group C test guidelines: Phillip Hutton, guidelines available through GPO and Office of Prevention, Pesticides and (703) 308–8260 or e-mail: the Internet be consulted instead of the Toxic Substances (OPPTS). The unified [email protected]. OPP Pesticide Assessment Guidelines library for test guidelines is periodically For technical questions on Series 840 published earlier through NTIS. updated by notices of availability of test guidelines: Arnet Jones, 703–305– The test guidelines appearing in the final test guidelines in the Federal 7416 or e-mail: unified library will be given numerical Register. This notice describes the [email protected]. designations that are different from the unified library of OPPTS guidelines and SUPPLEMENTARY INFORMATION: designations provided at 40 CFR parts announces the availability of final test 158, 795, 796, 797, 798, and 799. OPPTS guidelines for the following two series: I. EPA’s Process for Developing a test guidelines will be published in 10 Series 810—Product Performance Test Unified Library of Test Guidelines disciplinary series as follows: Guidelines, Groups A and C; and Series EPA’s OPPTS has been engaged in a Series 810—Product Performance Test 840—Spray Drift Test Guidelines. The Guidelines multi-year project to harmonize and/or Series 830—Product Properties Test changes to the guidelines are editorial in update test guidelines among the OPP, Guidelines nature and do not amend the existing the Office of Pollution Prevention and Series 835—Fate, Transport and requirements under the Federal Toxics (OPPT), and the Organization for Transformation Test Guidelines Insecticide, Fungicide, and Rodenticide Economic Cooperation and Series 840—Spray Drift Test Guidelines Act (FIFRA). For both the 810 and 840 Development (OECD). The goals of the Series 850—Ecological Effects Test Series, the guidance for conducting the project include the formulation of Guidelines test studies has not been revised; harmonized OPP and OPPT test Series 860—Residue Chemistry Test however, background information guidelines for those in common between Guidelines provided in OPPTS 810.1000 and Series 870—Health Effects Test Guidelines the two programs, the harmonization of Series 875—Occupational and Residential 840.1000 has been updated. Explicit test OPPT and/or OPP test guidelines with Exposure Test Guidelines requirements for registration are set out those of the OECD, as well as the Series 880—Biochemicals Test Guidelines in 40 CFR part 158 and the test updating of any test guidelines unique Series 885—Microbial Pesticide Test guidelines contain standards for and to OPP or OPPT programs. Guidelines examples of acceptable testing. Once Test guidelines that are changed As each notice of availability is final test guidelines are available substantively in the harmonization published for a set of test guidelines, the through the U.S. Government Printing process or through other updating/ notice will contain a ‘‘Master List’’ for Office (GPO) and the Internet, earlier amending activities, or which are new the series affected, which cross guidelines published as the Office of (e.g., for a previously unaddressed test references the new OPPTS guideline Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13047 numbers to the original OPP, OPPT, and public health uses of invertebrate description of the ongoing effort in OECD numbers. control agents. The test guidelines in developing the Spray Drift Data Base 810 and 840 Series Group C have been minimally edited included in OPPTS 840.1000. Although with no substantive changes and replace the Agency plans to revise its approach These final test guidelines in the 810 OPP guidelines 95–1 through 95–30. for testing for spray drift in the future, Series replace the corresponding test Group B (Public Health Uses of the current guidelines are in effect and guidelines published in the OPP Antimicrobial Agents) and Group D are being republished as part of the Pesticide Assessment Guidelines, (Vertebrate Control Agent Product unified library of OPPTS test guidelines. Subdivision G: Product Performance Performance Guidelines) are under When the Agency has completed the (EPA Report 540/9–82–026, October process of revising the Spray Drift 1982). The Group A test guideline, development and will be published in guidelines, the revised guidelines will OPPTS 810.1000, provides an overview, the future. The OPPTS Series 840— replace the current guidelines. definitions, and general considerations Spray Drift guidelines replace the OPP for product performance testing. In Pesticide Assessment Guidelines, II. Notice of Availability of Final Test addition, test standards for pesticides Subdivision R: Pesticide Spray Drift Guidelines other than antimicrobials are included Evaluation (EPA Report 540/9–84–002, in this test guideline. This test guideline April 1984), OPP guidelines 200–1 This notice announces the availability replaces OPP guidelines 90–1 through through 200–4, 201–1, and 202–1. The of final test guidelines in the 810 Series 90–30, 92–1 through 92–20, and 93–1 guidelines in the 840 series have been (Group A and Group C) and the 840 through 93–30. For Group C, the Agency minimally edited for re-publication, but Series. The following is the list of is republishing only those efficacy or have not been changed in any guidelines being made available at this product performance test guidelines for substantive way except for the time. Series 810ÐProduct Performance Test Guidelines

Existing Numbers EPA Pub. OPPTS no. Number Name OTS OPP OECD 712±C±

Group AÐGeneral. 810.1000 Overview, Definitions, and General Considerations none 90±1, none 98±001 90±3 90±30

Group CÐInvertebrate Control Agent Product Performance Test Guidelines. 810.3000 General considerations for efficacy of invertebrate control agents none 95±1 none 98±409 810.3100 Soil treatments for imported fire ants none 95±3 none 98±410 810.3200 Livestock, poultry, fur- and wool-bearing animal treatments none 95±8 none 98±414 810.3300 Treatments to control pests of humans and pets none 95±9, none 98±411 95±30 810.3400 Mosquito, black fly, and biting midge (sand fly) treatments none 95±10 none 98±419 810.3500 Premises treatments none 95±11, none 98±413 95±30 810.3600 Structural treatments none 95±12 none 98±424

Series 840ÐSpray Drift Test Guidelines

Existing Numbers EPA Pub. OPPTS no. Number Name OTS OPP OECD 712±C±

840.1000 Background for pesticide aerial drift evaluation none 201±1, none 98±319 201±4 840.1100 Spray droplet size spectrum none 201±1 none 98±055 840.1200 Spray drift field deposition none 202±1 none 98±112

List of Subjects Dated: March 10, 1998. FEDERAL COMMUNICATIONS COMMISSION Environmental protection, Hazardous Susan H. Wayland, substances, Health. Acting Assistant Administrator, Office of Notice of Public Information Prevention, Pesticides and Toxic Substances. Collection(s) Submitted to OMB for Review and Approval [FR Doc. 98–6874 Filed 3–16–98; 8:45 am] BILLING CODE 6065±50±F March 11, 1998. SUMMARY: The Federal Communications Commission, as part of its continuing 13048 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices effort to reduce paperwork burden imposed on common carriers engaged in FEDERAL COMMUNICATIONS invites the general public and other the provision of overseas COMMISSION Federal agencies to take this telecommunications services. The opportunity to comment on the reported data is useful for international Notice of Public Information following information collection(s), as planning, facility authorization, Collection(s) Submitted to OMB for required by the Paperwork Reduction monitoring emerging developments in Review and Approval Act of 1995, Public Law 104–13. An communications services, analyzing March 9, 1998. agency may not conduct or sponsor a market structures, tracking the balance SUMMARY: The Federal Communications collection of information unless it of payments in international Commission, as part of its continuing displays a currently valid control communications services, and market effort to reduce paperwork burden number. No person shall be subject to analysis purposes. The reported data invites the general public and other any penalty for failing to comply with enables the Commission to fulfill its Federal agencies to take this a collection of information subject to the regulatory responsibilities. opportunity to comment on the Paperwork Reduction Act (PRA) that OMB Control No.: 3060–0206. following information collection(s), as does not display a valid control number. required by the Paperwork Reduction Comments are requested concerning (a) Title: Part 21—Multipoint Act of 1995, Public Law 104–13. An whether the proposed collection of Distribution Service Stations. agency may not conduct or sponsor a information is necessary for the proper Form No.: N/A. collection of information unless it performance of the functions of the displays a currently valid control Commission, including whether the Type of Review: Revision of a currently approved collection. number. No person shall be subject to information shall have practical utility; any penalty for failing to comply with (b) the accuracy of the Commission’s Respondents: Business or other for- a collection of information subject to the burden estimate; (c) ways to enhance profit. Paperwork Reduction Act (PRA) that the quality, utility, and clarity of the Number of Respondents: 8,299. does not display a valid control number. information collected; and (d) ways to Estimated Time Per Response: Ranges Comments are requested concerning (a) minimize the burden of the collection of whether the proposed collection of information on the respondents, from .083 hours to 10 hours depending on the rule section. information is necessary for the proper including the use of automated performance of the functions of the collection techniques or other forms of Frequency of Response: On occasion Commission, including whether the information technology. reporting requirement. information shall have practical utility; DATES: Written comments should be Cost to Respondents: $481,800. (b) the accuracy of the Commission’s submitted on or before April 16, 1998. Total Annual Burden: 16,114 hours. burden estimate; (c) ways to enhance If you anticipate that you will be the quality, utility, and clarity of the submitting comments, but find it Needs and Uses: The information information collected; and (d) ways to difficult to do so within the period of requested under Part 21 is used by the minimize the burden of the collection of time allowed by this notice, you should Commission staff to fulfill its information on the respondents, advise the contact listed below as soon obligations as set forth in Sections 308 including the use of automated as possible. and 309 of the Communications Act of collection techniques or other forms of ADDRESSES: Direct all comments to Judy 1934, as amended, to determine the information technology. Boley, Federal Communications technical, legal and other qualifications DATES: Written comments should be Commission, Room 234, 1919 M St., of applicants to operate a station in the submitted on or before April 16, 1998. N.W., Washington, DC 20554 or via MDS services. The information is also If you anticipate that you will be internet to [email protected]. used to determine whether grant of an submitting comments, but find it application will service the public FOR FURTHER INFORMATION CONTACT: For difficult to do so within the period of interest, convenience and necessity, as additional information or copies of the time allowed by this notice, you should required by Section 309 of the information collection(s), contact Judy advise the contact listed below as soon Boley at 202–418–0214 or via internet at Communications Act. The staff also uses as possible. [email protected]. this information to ensure that ADDRESSES: Direct all comments to Judy applicants and licensees comply with SUPPLEMENTARY INFORMATION: Boley, Federal Communications the ownership and transfer restrictions OMB Control No.: 3060–0106. Commission, Room 234, 1919 M St., imposed by Section 310 of the Act. On Title: Section 43.61, Reports of N.W., Washington, DC 20554 or via February 9, 1996, the Commission Overseas Telecommunications Traffic. internet to [email protected]. adopted a Report and Order in WT Form No.: N/A. FOR FURTHER INFORMATION CONTACT: For Type of Review: Extension of a Docket No. 94–148, Terrestrial additional information or copies of the currently approved collection. Microwave Fixed Radio Services. This information collection(s), contact Judy Respondents: Business or other for- Report and Order adopted a new part Boley at 202–418–0214 or via internet at profit. 101 and reorganized and amended Part [email protected]. 21. With this action, Part 21 contains Number of Respondents: 248. SUPPLEMENTARY INFORMATION: Estimated Time Per Response: 160 only rules applicable to MDS. This OMB Control No.: 3060–0717. hours. action was approved by OMB on 9/8/96 Title: Billed Party Preference for Frequency of Response: On occasion, with an OMB Control Number of 3060– InterLATA 0+ Calls, CC Docket No. 92– quarterly, and annual reporting 0718. 77 (47 CFR Sections 64.703(a), 64.709, requirements. Federal Communications Commission. 64.710). Cost to Respondents: $98,900. Magalie Roman Salas, Form No.: N/A. Total Annual Burden: 7,554 hours. Type of Review: Revision of a Needs and Uses: The Secretary. currently approved collection. telecommunications traffic data report is [FR Doc. 98–6847 Filed 3–16–98; 8:45 am] Respondents: Business or other for- an annual reporting requirement BILLING CODE 6712±01±P profit. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13049

Number of Respondents: 1,500. Estimated annual burden: 200 hours; Dated: March 12, 1998. Estimated Time Per Response: 2 2 hours per response; 100 respondents. By Order of the Federal Maritime seconds—50 hours (avg.) Description: This rule specifies Commission. Frequency of Response: Third party additional information that must be Joseph C. Polking, disclosure, on occasion and annual submitted by applicants requesting a Secretary, reporting requirements. developmental authorization. [FR Doc. 98–6853 Filed 3–16–98; 8:45 am] Cost to Respondents: $198,000. Information is used to evaluate such BILLING CODE 6730±01±M Total Annual Burden: 699,157 hours. request. Needs and Uses: Pursuant to 47 CFR 64.703(a), operator service providers Federal Communications Commission. (‘‘OSPs’’) are required to disclose, Magalie Roman Salas, FEDERAL TRADE COMMISSION audibly and distinctly to the consumer, Secretary. Sunshine Act Meeting at no charge and before connecting any [FR Doc. 98–6846 Filed 3–16–98; 8:45 am] interstate call, how to obtain rate BILLING CODE 6712±01±P AGENCY HOLDING THE MEETING: Federal quotations, including any applicable Trade Commission. surcharges. Section 64.709 codifies the TIME AND DATE: 2:00 p.m., Monday, April requirements for OSPs to file FEDERAL MARITIME COMMISSION 6, 1998. informational tariffs with the PLACE: Federal Trade Commission Commission. Section 64.710, among Notice of Agreement(s) Filed Building, Room 532, 6th Street and other things, requires providers of The Commission hereby gives notice Pennsylvania Avenue, N.W., interstate operator services to inmates at of the filing of the following Washington, D.C. 20580. correctional institutions to identify agreement(s) under the Shipping Act of themselves, audibly and distinctly, to STATUS: Parts of this meeting will be 1984. open to the public. The rest of the the part to be billed. This information Interested parties can review or obtain collection has incorporated two other meeting will be closed to the public. copies of agreements at the Washington, MATTERS TO BE CONSIDERED: Portions information collections contained in DC offices of the Commission, 800 3060–0666 and 3060–0478. Open to Public: North Capitol Street, N.W., Room 962. (1) Oral Argument in Automative Federal Communications Commission. Interested parties may submit comments Breakthrough Sciences, Inc., Docket Magalie Roman Salas, on an agreement to the Secretary, 9275. Secretary. Federal Maritime Commission, Portons Closed to the Public: [FR Doc. 98–6848 Filed 3–16–98; 8:45 am] Washington, DC 20573, within 10 days (2) Executive Session to follow Oral of the date this notice appears in the BILLING CODE 6712±01±P Argument in Automative Breakthrough Federal Register. Sciences, Inc., Docket 9275. Agreement No.: 232–011614. CONTACT PERSON FOR MORE INFORMATION: Title: CMA/Italia Space Charter and FEDERAL COMMUNICATIONS Victoria Streitfeld, Office of Public COMMISSION Sailing Agreement. Parties: Affairs: (202) 326–2180, Recorded Message: (202) 326–2711. Public Information Collection(s) Compagnie Maritime d’Affretement Approved by Office of Management Italia d’Navigazione S.p.A. Donald S. Clark, and Budget Synopsis: The proposed Agreement Secretary. would permit the parties to charter [FR Doc. 98–6983 Filed 3–13–98; 11:40 am] March 11, 1998. space to one another and to coordinate BILLING CODE 6750±01±M The Federal Communications their vessel services in the trade Commission (FCC) has received Office between United States Atlantic ports, of Management and Budget (OMB) and inland points via such ports, and DEPARTMENT OF HEALTH AND approval for the following public ports on the Mediterranean Sea HUMAN SERVICES information collection(s) pursuant to the (excluding ports in North Africa), and Paperwork Reduction Act of 1995, 44 inland points via such ports. The parties Centers for Disease Control and USC 3501–3520. An agency may not may cooperate with regards to Prevention conduct or sponsor a collection of container-related and other equipment, information unless it displays a Advisory Committee to the Director, they will endeavor to utilize a common currently valid control number. Centers for Disease Control and terminal at each port served, and they Notwithstanding any other provisions of Prevention: Notice of Charter Renewal may agree upon their respective law, no person shall be subject to any Correction memberships in other agreements penalty for failing to comply with a serving the trade. The parties have collection of information subject to the Federal Register Citation of Previous requested a shortened review period. Paperwork Reduction Act (PRA) that Announcement: 63 FR 7810—dated does not display a valid control number. Agreement No.: 224–201047. February 17, 1998. Title: Alabama-Total Logistics Questions concerning the OMB control Notice is given on page 7810, in the Agreement. second column, the renewal dates numbers and expiration dates should be Parties: directed to Jerry Cowden, Federal should read, ‘‘February 1, 1998, through Communications Commission, (202) Alabama State Docks Department February 1, 2000.’’ Total Logistics Company, Inc. 418–0447. For further information, contact Linda Synopsis: The proposed agreement Kay McGowan, Acting Executive Federal Communications Commission concerns the terms and conditions Secretary, Advisory Committee to the OMB Control No.: 3060–0308. under which the contractor performs Director, Centers for Disease Control Expiration Date: 3/31/2001. cargo and freight handling services at and Prevention, 1600 Clifton Road, NE, Title: 90.505 Showing required. the port. The term of the agreement runs (D–23), Atlanta, GA 30333, telephone Form Number: Not applicable. until December 31, 2002. 404/639–7080 or fax 404/639–7181. 13050 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

Dated: March 11, 1998. Purpose: The NORA Musculoskeletal DEPARTMENT OF HEALTH AND Carolyn J. Russell, Committee is hosting a series of HUMAN SERVICES Director, Management Analysis and Services meetings to gather information, from a Office, Centers for Disease Control and large array of partners, regarding Food and Drug Administration Prevention (CDC). important needs and issues with respect [FR Doc. 98–6810 Filed 3–16–98; 8:45 am] to prevention of musculoskeletal Arthritis Advisory Committee; Amendment of Notice BILLING CODE 4163±18±P disorders in the health care industry. These meetings will use focus groups to AGENCY: Food and Drug Administration, elicit areas of concern as expressed by HHS. DEPARTMENT OF HEALTH AND representatives of various health care ACTION: Notice. HUMAN SERVICES sectors. The present meeting will address the following sectors: Acute SUMMARY: The Food and Drug Centers for Disease Control and care, ambulatory care, home health care, Administration (FDA) is announcing an Prevention and long-term care. amendment to the notice of meeting of Advisory Committee for Energy- The Committee will share with each the Arthritis Advisory Committee Related Epidemiologic Research specific sector a series of questions Meeting. This meeting was announced (ACERER): Notice of Charter Renewal helpful in identifying potential research in the Federal Register of March 3, 1998 needs. Each sector will develop their (63 FR 10399). The amendment is being This gives notice under the Federal own list of research needs. After the made to reflect a change in the location Advisory Committee Act (Pub. L. 92– three regional meetings are completed, for the March 24 and 25, 1998, meeting. 463) of October 6, 1972, that the the NORA Musculoskeletal Team will There are no other changes. Advisory Committee for Energy-Related combine the research needs into a FOR FURTHER INFORMATION CONTACT: Epidemiologic Research, Centers for consolidated list. The researchers will Kathleen R. Reedy or LaNise Giles, Disease Control and Prevention (CDC), be asked to identify research activities Center for Drug Evaluation and Research Department of Health and Human which can address research needs (HFD–21), Food and Drug Services, has been renewed for a 2-year identified at the regional meetings. A Administration, 5600 Fishers Lane, period beginning February 28, 1998, separate meeting of musculoskeletal Rockville, MD 20857, 301–443–5455, or through February 29, 2000. researchers is proposed for summer FDA Advisory Committee Information For further information, contact 1998. Line, 1–800–741–8138 (301–443–0572 Michael J. Sage, Executive Secretary, The goal of these meetings is to in the Washington, DC area), code ACERER, Radiation Studies Branch, develop a research agenda that reflects 12532. National Center for Environmental the needs and information gaps SUPPLEMENTARY INFORMATION: In the Health, CDC, 4770 Buford Highway, NE identified by individuals who confront Federal Register of March 3, 1998 (63 (M/S F–35), telephone 770/488–7040 or musculoskeletal disorders frequently, FR 10399), FDA announced that a fax 770/488–7044. including those in industry, labor, and meeting of the Arthritis Advisory Dated: March 11, 1998. professional and non-professional Committee would be held at the Holiday groups. Output from the meeting will Carolyn J. Russell, Inn Gaithersburg, Walker and consist of a research agenda for health Whetstone Rooms, Two Montgomery Director, Management Analysis and Services care, as well as transcripts. Meetings Office, Centers for Disease Control and Village Ave., Gaithersburg, MD. On page Prevention (CDC). will be audio-taped to develop the 10399, beginning in the 3d column, the transcript of the meeting, and to [FR Doc. 98–6809 Filed 3–16–98; 8:45 am] Location portion of this meeting is describe the process as well as the final BILLING CODE 4861±18±P amended to read as follows: outcome. Once the research agenda has Location: Hilton Hotel, Ballrooms I, II, been established, work will begin on the and III, 620 Perry Pkwy., Gaithersburg, DEPARTMENT OF HEALTH AND implementation process. MD. HUMAN SERVICES The goal of this process is to include Dated: March 11, 1998. diverse groups in the process of Michael A. Friedman, Centers for Disease Control and addressing and examining research Prevention needs of musculoskeletal disorders in Deputy Commissioner for Operations. the health care field and approaching [FR Doc. 98–6821 Filed 3–16–98; 8:45 am] The National Institute for Occupational practical ways of implementation and BILLING CODE 4160±01±F Safety and Health (NIOSH) of the funding of this research. The goal is Centers for Disease Control and reflected in the motto of the NORA Prevention (CDC); Meeting Musculoskeletal Committee: ‘‘Promote DEPARTMENT OF HEALTH AND Health and Reduce Lost Work Time.’’ HUMAN SERVICES Name: National Occupational Research Agenda (NORA) CONTACT PERSON FOR MORE INFORMATION: Health Resources and Services Musculoskeletal Team and Health Care Bruce Bernard, NIOSH, CDC, 4676 Administration Focus Group Meeting. Columbia Parkway, R–10, Cincinnati, Time and Date: 9 a.m.–4:30 p.m., Ohio 45226, telephone 513/841–4589, e- Agency Information Collection April 27, 1998. mail address: [email protected]. Activities: Proposed Collection: Comment Request Place: Washington Plaza Hotel, 10 Dated: March 10, 1998. Thomas Circle, NW, Washington DC Carolyn J. Russell, In compliance with the requirement 20005, telephone 202/371–1300. Director, Management Analysis and Services for opportunity for public comment on Status: Open to the public, limited Office, Centers for Disease Control and proposed data collection projects only by the space available. The meeting Prevention (CDC). (section 3506(c)(2)(A) of Title 44, United room accommodates approximately 50 [FR Doc. 98–6811 Filed 3–16–98; 8:45 am] States Code, as amended by the people. BILLING CODE 4160±19±P Paperwork Reduction Act of 1995, Pub. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13051

L. 104–13), the Health Resources and Proposed Project: Increasing Donor ‘‘how-to-kit’’ to aid them in Services Administration (HRSA) will Awareness on College Campuses; New implementing a campus-wide donor publish periodic summaries of proposed Despite apparent widespread public campaign. This kit will provide projects being developed for submission support for organ donation and materials and activities, and serve as a to OMB under the Paperwork Reduction transplantation, few individuals in the guide for initiating an organ and tissue Act of 1995. To request more United States declare intent to be organ donor awareness campaign. The kits information on the proposed project or and tissue donors. Innovative will be standardized across schools. to obtain a copy of the data collection interventions are necessary to help Donation intentions and other variables plans and draft instruments, call the individuals move from positive of interest will be assessed by means of HRSA Reports Clearance Officer on attitudes about organ donation to the self-administered questionnaires (301) 443–1129. behaviors of declaring intent and completed by a sample of students at Comments are invited on: (a) Whether informing family of that intent. The goal each university at two time periods, the proposed collection of information of the current project is to develop, prior to and following the 6-month implement and evaluate a donor is necessary for the proper performance intervention period. The frequency of awareness program on college and of the functions of the agency, including students declaring intent to donate university campuses. The specific aim organs and documenting that intent via whether the information shall have of the study is to evaluate the effect of practical utility; (b) the accuracy of the college student identification cards or a 6-month college-wide intervention donor cards is the primary outcome agency’s estimate of the burden of the program on organ donation intentions. proposed collection of information; (c) measure. The frequency of students An experimental design will be used reporting that they have informed ways to enhance the quality, utility, and consisting of two pairs of colleges family members of their donation intent clarity of the information to be matched on variables including also will be evaluated. In addition, collected; and (d) ways to minimize the freshman class size, geographic region, burden of the collection of information and cultural diversity of the student secondary and process outcomes (e.g., on respondents, including through the body. The design is a 2 (Intervention × levels of readiness to become an organ use of automated collection techniques Control) by 2 (School pair 1 × School donor) will be assessed. or other forms of information pair 2). To increase donor awareness, The estimated respondent burden is technology. intervention schools will receive a as follows:

Responses Survey phase Number of per respond- Hours per re- Total hour respondents ent sponse burden

Baseline ...... 4,000 1 0.3 1,200 Follow-up ...... 4,000 1 0.3 1,200

Total ...... 4,000 2 0.3 2,400

Send comments to Patricia Royston, DEPARTMENT OF HEALTH AND disease prevention objectives of HRSA Reports Clearance Officer, Room HUMAN SERVICES ‘‘Healthy People 2000,’’ a national 14–36, Parklawn Building, 5600 Fishers activity to reduce morbidity and Lane, Rockville, MD 20857. Written Centers for Disease Control and mortality and improve the quality of comments should be received within 60 Prevention life. This announcement is related to the priority areas of ‘‘Occupational Safety days of this notice. National Institutes of Health and Health’’ and ‘‘Unintentional Dated: March 10, 1998. [Announcement 98044] Injuries.’’ (For ordering a copy of Jane Harrison, ‘‘Healthy People 2000,’’ see the section Acting Director, Division of Policy Review Implementation of the National Where To Obtain Additional and Coordination. Occupational Research Agenda; Information.) [FR Doc. 98–6778 Filed 3–16–98; 8:45 am] Notice of Availability of Funds for This announcement is jointly BILLING CODE 4160±15±P Fiscal Year 1998 sponsored by (1) the National Institute for Occupational Safety and Health Introduction (NIOSH) in CDC, (2) the National The Centers for Disease Control and Institute of Arthritis and Prevention (CDC) and the National Musculoskeletal and Skin Diseases Institutes of Health (NIH) announce that (NIAMS) in the National Institutes of grant applications are being accepted for Health (NIH), (3) the National Institute research related to some of the priority of Environmental Health Sciences areas identified in the National (NIEHS) in NIH, and (4) the National Occupational Research Agenda (NORA) Heart, Lung, and Blood Institute that is described in the Background (NHLBI) in NIH. The portion of this section. Three types of grants will be initiative dealing with older workers is supported: traditional research projects, also of interest to the National Institute demonstration projects, and pilot on Aging (NIA) in NIH. studies (see MECHANISMS OF SUPPORT section). Authority CDC and NIH are committed to This program is authorized under the achieving the health promotion and Public Health Service Act, as amended, 13052 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

Section 301(a) [42 U.S.C. 241(a)], and implementation of control technology or itself. No part of any appropriation the Occupational Safety and Health Act other worker protection techniques contained in this Act shall be used to of 1970, Section 20(a) [29 U.S.C. 669(a)]. (approximately $2.0M). pay the salary or expenses of any grant The applicable program regulation is 42 Awards are anticipated to range up to or contract recipient, or agent acting for CFR Part 52. $250,000 in total costs (direct and such recipient, related to any activity indirect) per year for traditional designed to influence legislation or Smoke-Free Workplace research and demonstration projects, appropriations pending before the CDC and NIH strongly encourage all and up to $50,000 in direct costs for Congress or any State legislature. grant recipients to provide a smoke-free pilot studies. Background workplace and promote the non-use of Only applications that are found to be all tobacco products, and Public Law of high scientific merit will be In 1970, Congress passed the 103–227, the Pro-Children Act of 1994, considered for funding and not all of the Occupational Safety and Health Act ‘‘to prohibits smoking in certain facilities funds will be spent if there are not assure so far as possible every working that receive Federal funds in which enough highly meritorious applications. man and woman in the Nation safe and education, library, day care, health care, The amount of funding available may healthful working conditions.’’ In the and early childhood development vary and is subject to availability of years since then, substantial progress services are provided to children. funds. Awards are expected to begin in has been made in improving worker September 1998, although some awards protection. Much of this progress has Eligible Applicants may not begin until FY 99. Awards will been based on actions guided by Eligible applicants include domestic be made for a 12-month budget period occupational safety and health research. and foreign non-profit and for-profit within a project period not to exceed 3 However, workplace hazards continue organizations, universities, colleges, years for traditional research and to inflict a tremendous toll in both research institutions, and other public demonstration projects, and 2 years for human and economic costs. Employers and private organizations, including pilot studies. reported 6.3 million work injuries and State and local governments, and small, Continuation awards within the 515,000 cases of occupational illnesses minority and/or woman-owned project period will be made on the basis in 1994. In 1995, occupational injuries businesses. of satisfactory progress and availability alone cost $119 billion in lost wages and lost productivity, administrative Note: Effective January 1, 1986, Public Law of funds. expenses, health care, and other costs. 104–65 states that an organization described Use of Funds in section 501(c)(4) of the Internal Revenue This figure does not include the costs of Code of 1986 which engages in lobbying Restrictions on Lobbying occupational diseases. Research is activities shall not be eligible to receive needed to advance the scientific base of Federal funds constituting an award, grant Applicants should be aware of knowledge necessary to define optimal (cooperative agreement), contract, loan, or restrictions on the use of HHS funds for strategies for ensuring the safety and any other form. lobbying of Federal or State legislative health of all workers. bodies. Under the provisions of 31 In 1996, the National Institute for Availability of Funds U.S.C. 1352 (which has been in effect Occupational Safety & Health (NIOSH) Approximately $8.0 million is since December 23, 1989), recipients and its partners in the public and available in fiscal year (FY) 1998 to fund (and their subtier contractors) are private sectors developed the National approximately 45–50 grants. The prohibited from using appropriated Occupational Research Agenda (NORA) approximate amounts that are expected Federal funds (other than profits from a to provide a framework to guide to be available by each Institute are: Federal contract) for lobbying Congress occupational safety and health research NIOSH—$5.0 million, NIAMS—$1.0 or any Federal agency in connection into the next decade—not only for million, NIEHS—$1.0 million, NHLBI— with the award of a particular contract, NIOSH, but also for the entire $1.0 million. grant, cooperative agreement, or loan. occupational safety and health Target amounts for the NORA priority This includes grants/cooperative community. The Agenda identifies 21 areas are as follows: agreements that, in whole or in part, research priorities and reflects 1. Occupational irritant contact involve conferences for which Federal consideration of both current and dermatitis (approximately $1.0M). funds cannot be used directly or emerging needs. The priority areas are 2. Work-related musculoskeletal indirectly to encourage participants to not ranked because each is considered disorders, traumatic injuries, indoor lobby or to instruct participants on how to be of equal importance. Because the environment, and asthma and chronic to lobby. funding resources available for this obstructive pulmonary disease (COPD) In addition, the FY 1998 Department special announcement are limited, both (approximately $3.0M). of Labor, Health and Human Services, internal and external partners have 3. Special populations at risk—nature and Education, and Related Agencies recommended that only a subset of the and magnitude of the special risk factors Appropriations Act (Pub. L. 105–78) priority areas be targeted as initial areas experienced by older and/or minority states in Section 503 (a) and (b) that no of emphasis in order to have a workers (approximately $1.0M). part of any appropriation contained in meaningful impact in any area. It is 4. Social and economic consequences this Act shall be used, other than for expected that, in future years, the of workplace illness and injury and normal and recognized executive- remaining NORA priorities will receive health services research (approximately legislative relations, for publicity or similar, much-deserved attention. $1.0M). propaganda purposes, for the 5. Intervention effectiveness preparation, distribution, or use of any Purpose research—the evaluation of existing or kit, pamphlet, booklet, publication, The purpose of this grant program is new interventions for work-related radio, television, or video presentation to develop knowledge that can be used musculoskeletal disorders, traumatic designed to support or defeat legislation in preventing occupational diseases and injuries, asthma and COPD and other pending before the Congress or any injuries and to better understand their occupational risks via changes in work State legislature, except in presentation underlying pathophysiology. Thus, the organization factors, through the to the Congress or any State legislature following types of applied research Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13053 projects will be supported: Causal are promising. The application should pathophysiology of ICD; (3) the genetic research to identify and investigate the include only the following sections of basis of susceptibility; (4) the influence relationships between hazardous the PHS 398 application form: face page of environmental factors on ICD; (5) the working conditions and associated (in item 2, place ‘‘NORA Pilot Study’’), relationship of ICD to allergic contact occupational disease and injury; the abstract, budget, key person biosketches, dermatitis; (6) methods to identify skin nature and magnitude of special risk aims, background, study plan, and changes that precede overt clinical factors experienced by older and/or human or animal subject matters. There disease; (7) risk factors for initiation minority workers; methods research to is a 15 page limit for the aims, and/or chronicity of ICD; (8) methods develop more sensitive means of background, and study plan, not for measuring skin exposure and skin evaluating hazards at work sites; and including references. The budget for an deposition; (9) methods for assessing evaluations of the effectiveness of entire pilot study is limited to $50,000 percutaneous penetration and prevention and intervention programs, in direct costs for a period of up to two evaluating skin barrier function; (10) including new approaches or years. intervention design and evaluation; (11) enhanced membrane/film development combinations of techniques such as Programmatic Interest control technologies, personal for skin protection; (12) improved protective equipment and changes in The research needs identified in this procedures for testing chemical work organization factors, which have announcement are consistent with the protective clothing (CPC) field been developed and implemented in NORA developed by NIOSH and performance; and, (13) the effectiveness workplaces. partners in the public and private of CPC and/or barrier creams. The sectors to provide a framework to guide ultimate goal is the primary, secondary, Mechanisms of Support occupational safety and health research and tertiary prevention of ICD. The types of grants supported under in the next decade towards topics which 2a. Work-Related Musculoskeletal this announcement are as follow: are most pressing and most likely to Disorders. Thirty-two percent of the yield gains to the worker and the nation. injuries and illnesses recorded in the 1. Research Project Grants (R01) The Agenda identifies 21 research BLS survey in 1994 involved A research project grant application priorities. The NORA document is musculoskeletal (MS) injuries or should be designed to establish, available through the NIOSH Home Page disorders and resulted from over- discover, develop, elucidate, or confirm at http://www.cdc.gov/niosh/nora.html. exertion or repetitive motion. In the information relating to occupational Potential applicants with questions United States (U.S.), back disorders safety and health, including innovative concerning the acceptability of their account for 27 percent of all nonfatal methods, techniques, and approaches proposed work are strongly encouraged occupational injuries and illnesses for addressing problems. These studies to contact the technical information involving days away from work. may generate information that is readily personnel listed in this announcement Musculoskeletal disorders of the upper available to solve problems or in the section WHERE TO OBTAIN extremities (such as carpal tunnel contribute to a better understanding of ADDITIONAL INFORMATION. syndrome and rotator cuff tendinitis) the causes of work-related diseases and Applications responding to this due to work factors are common and injuries. announcement will be reviewed by staff occur in nearly all sectors of the for their responsiveness to the following economy. More than $2 billion in 2. Demonstration Project Grants (R18) program interests and their potential for workers’ compensation costs are spent A demonstration project grant developing knowledge that can be used annually on these work-related application should address the technical in preventing occupational diseases and problems. or economic feasibility of implementing injuries. Research applications are sought in a new/improved innovative procedure, Targeted NORA Priority Areas for this the following areas: (1) Development method, technique, or system for announcement are as follow: and validation of models of nonspecific preventing occupational safety or health 1. Occupational Irritant Contact or specific musculoskeletal disorders problems. The project should be Dermatitis. This announcement targets a which predict biomechanical, conducted in an actual workplace where part of the NORA priority area, Allergic biochemical or structural changes in soft a baseline measure of the problem will and Irritant Dermatitis. In 1993, the tissues resulting from repetitive be defined, the new/improved approach Bureau of Labor Statistics (BLS) data exposure to physical loads. (An example will be implemented, a follow-up estimated an incidence of 76 cases of of this type of research would be to measure of the problem will be occupational skin disorders (OSDs) per develop an animal model for documented, and an evaluation of the 100,000 U.S. workers, making OSDs the investigating the effects of repetitive use benefits will be conducted. most common non-trauma-related of tendons, ligaments, and synovium); occupational disease affecting workers (2) age and gender differences in the 3. Pilot Study Grants (R03) in many different occupations. Irritant biochemistry and/or biomechanical A pilot study is a preliminary contact dermatitis (ICD) is the most responses of musculoskeletal soft evaluation for the purpose of developing common form of dermatitis, usually tissues to injury and repair; (3) the foundation for a future, more resulting from reactions to chemical development and validation of comprehensive study. Thus, a pilot irritants such as solvents and cutting exposure-assessment methods directed study might test feasibility, collect fluids. The goal of the ‘‘Healthy People toward existing prevention activities in initial data, refine methodology, or 2000’’ is to reduce OSDs to an incidence the private sector, State or local evaluate critical factors that would of not more than 55 per 100,000. To aid government agencies and for future influence the ability to conduct a larger in achieving this national health epidemiologic studies of work-related study. An application should contain a objective, further research in ICD is musculoskeletal disorders; (4) clear description of how the pilot study needed. epidemiological studies to determine could form the basis for preparing a Research applications are sought in exposure-response (injury/disorder) research proposal that would be the following areas: (1) methods for relationships between work-related submitted for competitive review, in the identifying irritants prior to musculoskeletal disorders and physical future, if the results of the pilot study introduction into the workplace; (2) exposures as well as work organization 13054 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices factors. These studies should include increasing. More than half of the U.S. (such as smoking or impaired lung both work and non-work exposure and workforce is employed indoors, and function), and conditions necessary for modifying factors; (5) evaluation of estimates of the proportion of indoor occupational asthma to completely existing or new interventions directed at workers affected by these problems resolve; (3) methods for identifying either primary, secondary, or tertiary range up to 30 percent. Among the substances that may cause asthma prior prevention of common work-related requests received annually by NIOSH to their introduction into the workplace; musculoskeletal disorders. (Projects for occupational health investigations, (4) application of methodological directed at secondary or tertiary the proportion related to indoor approaches to assessing the burden of prevention should focus on reducing nonindustrial environments has occupational asthma/COPD with lost work time and preventing future increased dramatically, from 2 percent attention to healthy worker effect; (5) injuries or disorders, or their in 1980 to 40 percent in recent years. mechanisms and pathophysiology of recurrence); and (6) evaluation of the Research applications are sought in asthma or COPD caused by occupational effectiveness and outcomes of the following areas: (1) Causes or exposures; and (6) approaches useful for preventive, diagnostic and medical prevention of health effects from indoor effective screening and surveillance of treatments (includes non-operative, work environments, including the worker populations at risk for airways operative, rehabilitative and alternative transmission of communicable diseases caused by occupational medicine treatments) for work injuries respiratory diseases, asthma or other exposure. and illnesses of the musculoskeletal allergic diseases, or acute symptoms 3. Special Populations at Risk. system. from unknown causes or multiple Occupational hazards are known to be 2b. Traumatic Injuries. Injury exacts a chemical sensitivities. (Strategies of distributed differentially, and workers huge toll in U.S. workplaces. On an particular interest include intervention with specific biologic, social and/or average day, 16 workers are killed and designs to evaluate the effectiveness of economic characteristics are more likely more than 17,000 are injured. The environmental controls or of following to have increased risks of work-related leading causes of occupational injury current practice standards for building diseases and injuries. This fatalities over the period 1980 to 1992 operation and improving relevant announcement targets a subset—older were motor vehicles, machines, exposure (microbiological or chemical) workers and racial ethnic minorities—of homicides, falls, electrocutions, and assessments); (2) creating practical tools the special populations included in the falling objects. The leading causes of the to help the building sector create NORA priority area. The relative nonfatal injuries were overexertion, healthier indoor environments, such as proportions of these special populations contact with objects or equipment, and new or improved measurement tools for within the workforce is increasing. It is falls. exposure assessment, and scientifically- estimated that, by the year 2000, Relatively good information is validated guidelines to help assure approximately 39 percent of the available on the overall burden of work healthy indoor environments (e.g., for projected U.S. population of 275 million injuries including the industries and design, operation, and maintenance will be a member of a minority occupations where they occur most actions, or through building population (American Indian or Alaska frequently and with greatest severity. performance); and (3) estimating health Native, Asian, Black or African The challenge is to move beyond this and other social and economic American, Native Hawaiian or Other broad understanding to specific consequences (such as health care costs, Pacific Islander, and Hispanic or strategies that address the complex absenteeism, and productivity losses) interplay between machines, tools, and resulting from adverse effects of indoor Latino.) The median age of the U.S. behavioral and environmental factors environments, as well as potential workforce is rising as a result of the that cause injuries at a worksite. benefits of improved indoor aging of the ‘‘baby boom’’ generation, an Research applications are sought which environments. increasing percentage of older workers will: (1) Conduct etiological research 2d. Asthma and Chronic Pulmonary remaining in the workforce, as well as into risk factors or contributors to Obstructive Disease. Asthma and an increasing number of older workers occupational injuries; (2) advance Chronic Obstructive Pulmonary Disease reentering the workforce after knowledge of the interactions between (COPD) are leading respiratory diseases retirement. As a result, between 1992 human performance/human limitations in the U.S. and major causes of and 2005, the number of workers aged and workplace, machine and equipment morbidity and mortality. Although both 55 and older is projected to increase by design to remove the possibility of diseases have nonoccupational causes, 38 percent. unsafe actions; (3) develop models and workplace exposures also contribute to Research applications are sought in simulations for the safe design, their development, persistence, and the following areas: (1) The nature and operation and maintenance of exacerbation. More research is needed magnitude of risks to minority and older workplaces and equipment; (4) develop to guide efforts to prevent and reduce workers, including the social and cost/benefit analysis models of various the occupational contribution to these biologic factors (e.g., biochemical prevention strategies; and, (5) develop diseases. susceptibility) that may influence a simple cost-effective injury prevention Research applications are sought in worker’s risk for injury or disease; (2) models and guidelines for application the following areas: (1) Estimation of the the incidence and mechanisms of by safety and health practitioners in the proportions of COPD and/or asthma in diseases and injuries in minority and field. the adult general population that are older worker populations; (3) the 2c. Indoor Environment. attributable to occupational causes, interdependence between work Traditionally, indoor nonindustrial including industry- and agent-specific organizations and individuals and the occupational environments have been attributable fractions; (2) risk factors for consequences of adapting work (flex- considered clean and relatively free of developing asthma or COPD in response place, flex-time, job sharing, retraining, exposures to substances which pose a to occupational agents, which might reengineering, etc.) to the needs and health hazard. In the last 20 years, include attention to exposure-response capacities of these special populations; however, reports of symptoms and other relationships, novel means of and, (4) the characteristics of the work/ health complaints related to these characterizing exposure or exposure workplace that facilitate or impede the indoor environments have been kinetics, host factors, modifying factors productivity of older workers and the Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13055 ability of older workers to stay in the Research applications are sought in barriers to the implementation of workforce. the following areas: (1) Descriptions of interventions, such as a lack of 4a. Social and Economic the state, the distribution of types, and acceptance due to practicality, Consequences of Workplace Illness and the prevailing trends in the provision of perception that cost is prohibitive, etc. Injury. Occupational injuries and OHS for the prevention, treatment and Applications are encouraged that will illnesses remain a leading cause of rehabilitation of work-related illness evaluate interventions in real work morbidity, mortality, and economic loss and injury, and the interactions of OHS settings, assessment of cost-effectiveness in the United States. The annual costs with other parts of the health care and identification of adverse or to employers for workers’ compensation system; (2) evaluation, in terms of unexpected outcomes of interventions. increased from $2.1 billion in 1960 to health and vocational outcomes (e.g., Reporting Requirements $60 billion by 1992. In addition to the return to work), of different direct costs such as those for health occupational health services and Progress reports are required annually care, employers also incur numerous systems (e.g., managed care versus fee- as part of the continuation application indirect costs including those for for-service compensation services), and (75 days prior to the start of the next additional hiring and training and service interventions (e.g., different budget period). The annual progress disruption of work processes. Other treatments for back pain); and (3) reports must contain information on costs are borne by injured workers and evaluation of the effectiveness (through accomplishments during the previous their families through reduced income, clinical trials, observational research, budget period and plans for each depletion of savings and increased and clinical trials) of the effectiveness remaining year of the project. expenditures and by the community and efficiency of clinical therapeutic Depending upon funding entity, through increased use of social services interventions and rehabilitation financial status reports (FSR) are and cost shifting between health and modalities for occupational diseases and required no later than 90 days after the social service agencies. Leigh, et al. injuries. end of the budget period. (Leigh, J.P. et al., Occupational Injury 5. Intervention Effectiveness Research. The final performance and financial and Illnesses in the United States, Arch. Many workplace prevention and status reports are required 90 days after Intern. Med., 157, 1557–68, 1997) intervention programs have been the end of the project period. The final estimated that, for 1992, the total direct developed and implemented in performance report should include, at a and indirect costs associated with workplaces, yet few have undergone minimum, a statement of original occupational injuries and diseases were systematic evaluation to determine their objectives, a summary of research $171 billion annually, but noted that impact on health and safety outcomes. methodology, a summary of positive these estimates were likely to be low in Evaluations of the effectiveness of and negative findings, and a list of part due to the lack of data for a number intervention efforts can provide crucial publications resulting from the project. of the associated indirect costs. guidance and corrective feedback for Research papers, project reports, or Research applications are sought in current and future occupational health theses are acceptable items to include in the following areas: (1) Measures of total and safety (OSH) intervention efforts. the final report. The final report should economic costs (direct and indirect) and Evaluation research, whether stand alone rather than citing the non-economic costs borne by injured descriptive or experimental, can provide original application. Three copies of workers and their families, by a firm base of evidence for what works, reprints of publications prepared under employers; and by non-occupational what does not, and why, and assure the grant should accompany the report. community, State and local government better use of limited resources in Evaluation Criteria services; and (2) evaluation of the workplace implementations of economic benefit of interventions (e.g., preventive and control strategies. This Upon receipt, applications will be ergonomic work system and task announcement targets intervention reviewed by CDC and NIH for redesign) including occupational health efforts addressing work-related completeness and responsiveness and service interventions, and assessment of traumatic injuries, musculoskeletal will be assigned to the appropriate their contribution to the cost of work- disorders, asthma and COPD as well as Institute. Applications determined to be related illness and injury at both the the implementation of engineering incomplete or unresponsive to this service system level (e.g., managed care controls, use of personal protective announcement will be returned to the in compensation services) and service equipment (PPE) and/or changes in the applicant without further consideration. component level (e.g., cost-effectiveness organization of work systems or tasks. If the proposed project involves of different clinical treatments for back Research applications are sought organizations or persons other than pain). which focus on the systematic those affiliated with the applicant 4b. Health Services Research. Despite evaluation of (1) the effectiveness of organization, letters of support and/or the large burden and cost of work- intervention efforts addressing cooperation must be included. related morbidity and mortality, musculoskeletal disorders, traumatic Applications that are complete and relatively little is known about the injuries, and work-related asthma and responsive to the announcement will be structure and functioning of COPD; (2) the practicality and usability reviewed by an initial review group and occupational health services. of specific control strategies, determined to be competitive or non- Occupational health services (OHS) technologies and/or PPE in the competitive, based on the review research includes evaluation of both elimination or reduction of hazards; (3) criteria relative to other applications service components and delivery the identification of critical factors for received. Applications determined to be systems, including distribution and implementing and conducting effective non-competitive will be withdrawn coverage, access, appropriateness, OSH programs; (4) the components of from further consideration and the acceptability, utilization, equity, effective OSH programs, including principal investigator/program director quality, organization, policy and worker participation programs, training and the official signing for the applicant planning, management, financing, or other organizational and organization will be promptly notified. productivity, effectiveness and administrative aspects, as well as Applications judged to be competitive efficiency, and impacts on health needs, engineering solutions; and (5) will be discussed and assigned a health status and occupational hazards. identification and elimination of priority score. Following initial review 13056 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices for scientific merit, the applications will The following will be considered in defined in OMB Directive No. 15 and receive a secondary review for making funding decisions: include American Indian or Alaska programmatic importance (for 1. Merit of the proposed project as Native, Asian, Black or African applications assigned to NIH Institutes, determined by the initial peer review. American, Native Hawaiian or Other the review will be conducted by the 2. Programmatic importance of the Pacific Islander, and Hispanic or Latino. appropriate Council). project as determined by secondary Applicants shall ensure that women and Review criteria for scientific merit are review. racial and ethnic minority populations as follows: 3. Availability of funds. are appropriately represented in 1. Technical significance and 4. Program balance among priority applications for research involving originality of proposed project. areas of this announcement. human subjects. Where clear and compelling rationale exist that inclusion 2. Appropriateness and adequacy of Executive Order 12372 Review the study design and methodology is not feasible, this situation must be proposed to carry out the project. Applications are not subject to the explained as part of the application. In 3. Qualifications and research review requirements of Executive Order conducting the review of applications experience of the principal investigator 12372. for scientific merit, review groups will and staff, particularly but not Public Health System Reporting evaluate proposed plans for inclusion of exclusively in the area of the proposed Requirement minorities and both sexes as part of the project. scientific assessment and assigned 4. Availability of resources necessary This program is not subject to the score. This policy does not apply to to perform the project. Public Health System Reporting research studies when the investigator 5. Documentation of cooperation from Requirements. cannot control the race, ethnicity and/ collaborators in the project, where Catalog of Federal Domestic Assistance or sex of subjects. applicable. Number Further guidance to this policy is 6. Adequacy of plans to include both contained in the Federal Register, Vol. sexes and minorities and their The Catalog of Federal Domestic 60, No. 179, Friday, September 15, 1995, subgroups as appropriate for the Assistance numbers are: pages 47947–47951 and/or in the ‘‘NIH scientific goals of the project. (Plans for 93.262 for the National Institute for Guidelines for Inclusion of Women and the recruitment and retention of subjects Occupational Safety and Health Minorities as Subjects in Clinical will also be evaluated.) (NIOSH) in CDC Research’’ Federal Resister of March 28, 7. Appropriateness of budget and 93.846 for the National Institute of 1994 [FR 59, 14508–14513], and period of support. Arthritis and Musculoskeletal and reprinted in the NIH Guide for Grants 8. Human Subjects. Procedures Skin Diseases (NIAMS) in NIH and Contracts, Vol. 23, No. 11, March adequate for the protection of human 93.113 and 93.115 for the National 18, 1994. Institute of Environmental Health subjects must be documented. Application Submission and Deadlines Recommendations on the adequacy of Sciences (NIEHS) in NIH protections include: (1) Protections 93.837, 93.838, and 93.839 for the A. Preapplication Letter of Intent appear adequate and there are no National Heart, Lung, and Blood Although not a prerequisite of comments to make or concerns to raise, Institute (NHLBI) in NIH application, a non-binding letter of (2) protections appear adequate, but 93.866 for the National Institute on intent-to-apply is requested from there are comments regarding the Aging (NIA) in NIH potential applicants. The letter should protocol, (3) protections appear Other Requirements be submitted to the Grants Management inadequate and the Initial Review Group Officer (whose address is reflected in has concerns related to human subjects, Human Subjects section B, ‘‘Applications’’). It should be or (4) disapproval of the application is If the proposed project involves postmarked no later than May 1, 1998. recommended because the research research on human subjects, the The letter should identify the risks are sufficiently serious and applicant must comply with the announcement number, name of protection against the risks are Department of Health and Human principal investigator, and specify the inadequate as to make the entire Services Regulations, 45 CFR Part 46, priority area to be addressed by the application unacceptable. regarding the protection of human proposed project. The letter of intent Review criteria for programmatic subjects. Assurances must be provided does not influence review or funding importance are as follows: to demonstrate that the project will be decisions, but it will enable CDC and 1. Magnitude of the problem in terms subject to initial and continuing review NIH to plan the review more efficiently, of numbers of workers affected. by an appropriate institutional review and will ensure that each applicant 2. Severity of the injury or disease in committee. The applicant will be receives timely and relevant information the population. responsible for providing assurance in prior to application submission. 3. Usefulness to applied technical accordance with the appropriate B. Applications knowledge in the identification, guidelines and form provided in the evaluation, or control of occupational application kit. Applicants should use Form PHS–398 safety and health hazards on a national (OMB Number 0925–0001) and adhere or regional basis. Women and Racial and Ethnic to the ERRATA Instruction Sheet for 4. Propensity to improve Minorities Form PHS–398 contained in the Grant understanding of the pathophysiology It is the policy of the CDC and the Application Kit. Please submit an (includes biomechanics), diagnosis, NIH to ensure that women and racial original and five copies on or before treatment, and prevention of and ethnic groups will be included in June 23, 1998 to: Ron Van Duyne, occupational irritant dermatitis, work- CDC- or NIH-supported research Grants Management Officer, ATTN: related musculoskeletal disorders and projects involving human subjects, Joanne Wojcik, Procurement and Grants asthma or COPD caused by occupational whenever feasible and appropriate. Office, Centers for Disease Control and exposures. Racial and ethnic groups are those Prevention (CDC), 255 East Paces Ferry Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13057

Road, NE., Room 300, MS E–13, Atlanta, of Health (NIH), Gateway Building at ‘‘http://www.cdc.gov/niosh/ GA 30305. #533, 7201 Wisconsin Avenue, nora.html’’. C. Deadlines Bethesda, MD 20892, telephone 301– Linda Rosenstock, 402–4156, fax 301–402–0051, internet Director, National Institute for Occupational 1. Applications shall be considered as [email protected] Safety and Health, Centers for Disease Control meeting a deadline if they are either: and Prevention (CDC). Alan Moshell, M.D., Skin Diseases a. Received at the above address on or Anthony L. Itteilag, Branch, National Institute of Arthritis before the deadline date, or Deputy Director for Management, National b. Sent on or before the deadline date and Musculoskeletal and Skin Institutes of Health. Diseases, National Institutes of Health to the above address, and received in [FR Doc. 98–6869 Filed 3–16–98; 8:45 am] time for the review process. (NIH), Natcher Building, Room 5AS– BILLING CODE 4163±19±P Applicants should request a legibly 25L, Bethesda, MD 20892–6500, dated U.S. Postal Service postmark or telephone 301–594–5017, fax 301– obtain a legibly dated receipt from a 480–4543, internet [email protected] DEPARTMENT OF HEALTH AND commercial carrier or the U.S. Postal James S. Panagis, M.D., M.P.H., HUMAN SERVICES Service. Private metered postmarks shall Musculoskeletal Diseases Branch, not be accepted as proof of timely National Institutes of Health mailings. National Institute of Arthritis and 2. Applications which do not meet the Musculoskeletal and Skin Diseases, National Institute on Deafness and criteria above are considered late National Institutes of Health (NIH), 45 Other Communication Disorders applications and will be returned to the Center Drive, Room 5AS–37K, MSC (NIDCD); Opportunity for a Cooperative applicant. 4500, Bethesda, MD 20892–6500, Research and Development Agreement telephone 301–594–5055, fax 301– (CRADA) for the Development of a Where To Obtain Additional 480–4543, internet [email protected] Vaccine Against Moraxella Catarrhalis Information George S. Malindzak, Ph.D., Division of Mediated Otitis Media To receive additional written Extramural Research and Training, information call 1–888–GRANTS4. You AGENCY: National Institutes of Health, National Institute of Environmental will be asked your name and address HHS. Health Sciences, National Institutes of and will need to refer to Announcement ACTION: Notice. Health (NIH), 79 T.W. Alexander 98044. You will receive a complete SUMMARY: Moraxella catarrhalis is the program description, information on Drive, MD EC–23, Research Triangle Park, NC 27709, telephone 919–541– third most common pathogen for otitis application procedures, and application media, the most common cause of forms. Also, this and other CDC 3289, fax 919–541–5064, internet [email protected] illness requiring medical treatment in Announcements can be found on the children. The NIDCD is investigating CDC homepage (http://www.cdc.gov) Gail Weinmann, M.D., Division of Lung candidate vaccines based on detoxified under the ‘‘Funding’’ section, as well as Diseases, National Heart, Lung, and lipooligosaccharide-protein conjugates on the NIOSH homepage (http:// Blood Institute, National Institutes of prepared from surface antigens of www.cdc.gov/niosh/homepage.html) Health (NIH), Two Rockledge Center, Moraxella catarrhalis. under ‘‘Extramural Programs.’’ For your Suite 10018, 6701 Rockledge Drive, The NIDCD, NIH, is seeking capability convenience, you may be able to MSC 7952, Bethesda, MD 20892, statements from parties interested in retrieve a copy of the PHS Form 398 telephone 301–594–0202, fax 301– entering into a CRADA for the from (http://www.nih.gov/grants/ 480–3557, internet development of a candidate vaccine funding/phs398/phs398.html). [email protected] with the goal of conducting a Phase I If you have questions after reviewing clinical trial to determine the safety for the contents of all the documents, Please Refer to Announcement most promising candidates. This project business management information may Number 98044 When Requesting is with the Section on Experimental be obtained from Joanne Wojcik, Grants Information and Submitting an Immunology, Laboratory of Management Specialist, Grants Application. Immunology, National Institute on Management Branch, Procurement and CDC will not send application kits by Deafness and Other Communication Grants Office, Centers for Disease facsimile or express mail. Disorders, NIH. The goals are to use the Control and Prevention (CDC), 255 East respective strengths of both parties to Paces Ferry Road, NE., MS E–13, Potential applicants may obtain a achieve one or more of the following: (1) Atlanta, GA 30305, telephone (404) copy of ‘‘Healthy People 2000’’ (Full Establish an animal model to test 842–6535; fax (404) 842–6513; internet Report, Stock No. 017–001–00474–0) or experimental vaccines to provide [email protected]. ‘‘Healthy People 2000’’ (Summary protection against Moraxella catarrhalis Programmatic technical assistance Report, Stock No. 017–001–00473–1) mediated otitis media; (2) screen may be obtained from: through the Superintendent of experimental vaccines for their relative Roy M. Fleming, Sc.D., Research Grants Documents, Government Printing efficacy; (3) determine the efficacy of Program, National Institute for Office, Washington, DC 20402–9325, the most promising vaccines; (4) prepare Occupational Safety and Health, telephone (202) 512–1800. a sufficient quantity of vaccine to gain Centers for Disease Control and Potential applicants may obtain a IND approval from the FDA and to Prevention (CDC), 1600 Clifton Road, copy of the ‘‘National Occupational conduct a Phase I clinical trial. NE., Building 1, Room 3053, MS–D30, Research Agenda’’ (HHS, CDC, NIOSH Additional investigations may be Atlanta, GA 30333, telephone 404– undertaken when the efficacy of the Publication No.96–115) from the 639–3343; fax 404–639–4616, internet candidate vaccines has been determined National Institute for Occupational [email protected] in an animal model and safety in Sidney M. Stahl, Ph.D., Behavioral and Safety and Health, telephone (800) 356– humans has been assured. Social Research Program, National 4674. It is also available on the internet It is anticipated that the commercial Institute on Aging, National Institutes collaborator(s) will participate in 13058 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices ongoing studies involving the ADDRESSES: Licensing information and DEPARTMENT OF HEALTH AND determination of the efficacy and copies of the U.S. patent applications HUMAN SERVICES identification of most promising listed below may be obtained by writing vaccines, preparing the vaccine for a to the indicated licensing contact at the National Institutes of Health clinical trial, and assisting in the Office of Technology Transfer, National conduct of such a trial. The collaborator Institutes of Health, 6011 Executive Government-Owned Inventions; may also be expected to contribute Boulevard, Suite 325, Rockville, Availability for Licensing financial support under this CRADA for Maryland 20852–3804; telephone: 301/ AGENCY: National Institutes of Health, personnel, supplies, travel and 496–7057; fax: 301/402–0220. A signed HHS. equipment to support these projects. Confidential Disclosure Agreement will ACTION: Notice. CRADA capability statements should be required to receive copies of the be submitted to Ms. Lili Portilla, patent applications. SUMMARY: The inventions listed below Technology Transfer Manager, National A Novel Adipose Seven are owned by agencies of the U.S. Heart, Lung, and Blood Institute Transmembrane Domain Protein Government and are available for (NHLBI), Technology Transfer Service licensing in the U.S. in accordance with Center, 31 Center Drive MSC 2490, C Montrose-Rafizad, H Yang (NIA) 35 U.S.C. 207 to achieve expeditious Building 31/Room 1B30, Bethesda, MD OTT Reference No. E–213–97/0 filed 19 commercialization of results of 20892–2490, Phone: (301) 402–5579, Jun 97 federally-funded research and Fax: (301) 594–3080, E-mail address development. Foreign patent . Licensing Contact: Stephen Finley, 301/ applications are filed on selected Capability statements must be received 496–7056, ext. 215 inventions to extend market coverage by the NHLBI on or before May 1, 1998. A new seven transmembrane protein for companies and may also be available The NIDCD has applied for patents and cDNA clone has been isolated from for licensing. claiming the core of the technology. mouse adipose tissues. The new clone is ADDRESSES: Licensing information and Non-exclusive and/or exclusive licenses differentially expressed in several copies of the U.S. patent applications for these patents covering core aspects mouse and human tissues, but is listed below may be obtained by of this project are available to interested overexpressed in the epididymal tissues contacting Elaine Gese, M.B.A., parties. of diabetic mice and in the epididymal Technology Licensing Specialist, Office Licensing inquiries regarding this tissues of older mice. It is thought this of Technology Transfer, National technology should be referred to Ms. new clone may have important Institutes of Health, 6011 Executive Elaine Gese, M.B.A., Licensing implications in aging and diabetes and Boulevard, Suite 325, Rockville, Specialist, NIH Office of Technology may be helpful for studying aging and Maryland 20852–3804; telephone: 301/ Transfer, Suite 325, 6011 Executive diabetes. 496–7056 ext. 282; fax: 301/402–0220; Blvd., Suite 325, Rockville, MD 20852, Human Papilloma Virus Inhibition by e-mail: [email protected]. A signed Phone: (301) 496–7735, Ext. 282, Fax: Anti-Sense Oligonucleotides Confidential Disclosure Agreement will (301) 402–0220, E-mail be required to receive copies of the address JA DiPaolo, L Alvarez-Salas (NCI) patent applications. Information on Dated: March 5, 1998. Serial No. 08/929,140 filed 05 Sep 97 additional chemokine receptor Sheila E. Merritt, technologies is also available. Licensing Contact: Carol Salata, 301/ Executive Officer, NHLBI. 496–7735, ext. 232 STRL33, A Human Fusion Accessory [FR Doc. 98–6788 Filed 3–16–98; 8:45 am] Factor Associated With HIV Infection BILLING CODE 4140±01±M The present invention relates to the use of antisense oligonucleotides to J Farber, F Liao, G Alkhatib, EA Berger inhibit a Human Papilloma virus (HPV). (NIAID) DEPARTMENT OF HEALTH AND The invention derives from the DHHS Reference No. E–087–97/0 filed HUMAN SERVICES observation that an inhibited ribozyme, 31 Mar 97 which bound to a specific sequence of National Institutes of Health the HPV16 E6 gene, but whose cutting STRL33 is a seven transmembrane ability had been destroyed, still domain G protein coupled receptor Government-Owned Inventions; inhibited HPV16. This leads to the which appears to be a novel chemokine Availability for Licensing conclusion that antisense molecules receptor-like protein functioning as a which bind to the same section of the fusion cofactor for both macrophage- AGENCY: National Institutes of Health, tropic and T cell-trophic HIV–1. Cells HHS. E6 gene would be useful in the treatment of HPV infection. The expressing STRL33 along with CD4 are ACTION: Notice. antisense molecules have the advantage capable of fusing with cells expressing of being less expensive to manufacture the envelope glycoprotein (env) of M- SUMMARY: The inventions listed below than ribozymes. The antisense tropic and T-trophic HIV–1 variants, are owned by agencies of the U.S. oligonucleotides have phosphorothioate thereby mediating fusion with a wider Government and are available for backbone structure and sequences range of variants than other cofactors licensing in the U.S. in accordance with complimentary to portions of human identified to date. As the STRL33 35 U.S.C. 207 to achieve expeditious papilloma virus 16. protein appears to be directly related to commercialization of results of the development of HIV infection and federally-funded research and Dated: March 7, 1998. progression to AIDS, agents which are development. Foreign patent Barbara M. McGarey, capable of blocking the STRL33 receptor applications are filed on selected Deputy Director, Office of Technology may represent valuable tools for use in inventions to extend market coverage Transfer. the prevention or treatment of HIV–1/ for companies and may also be available [FR Doc. 98–6891 Filed 3–16–98; 8:45 am] AIDS. Polynucleotides and polypeptides for licensing. BILLING CODE 4140±01±M are provided by the invention. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13059

Therapeutic approaches and chemokine receptor which functions as Purpose/Agenda: To evaluate and review pharmaceutical compositions are a cofactor for HIV binding and is found grant applications. claimed, as are research uses, and are on the cell surface of macrophages and This notice is being published less than 15 days prior to the above meeting due to the available for licensing. CD4+ T cells. Blocking or suppressing urgent need to meet timing limitations the expression of CCR5 may therefore Delayed Progression to AIDS by a imposed by the review and funding cycle. serve to inhibit HIV infection. It is Missense Allele of the CCR2 Gene This meeting will be closed in accordance postulated that this could be with the provisions set forth in sections M Dean, SJ O’Brien, M Carrington, MW accomplished by inhibiting the CCR5 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Smith (NCI) promoter or by administering an Applications and/or proposals and the discussions could reveal confidential trade DHHS Reference No. E–209–97/0 filed oligonucleotide analog of the promoter, thereby treating or preventing HIV secrets or commercial property such as 14 Aug 97 patentable material and personal information infection. Polynucleotide sequences are A specific variant of chemokine concerning individuals associated with the provided by the invention. Therapeutic applications and/or proposals, the disclosure receptor CCR2, which appears to be a approaches and pharmaceutical of which would constitute a clearly co-receptor for HIV–1, has been compositions are claimed, as are unwarranted invasion of personal privacy. identified. This variant, CCR2–64I, is research uses. (Catalog of Federal Domestic Assistance associated with delayed progression to Program No. 93.371, Biomedical Research AIDS in individuals infected with HIV– CCR1 Knockout Mouse Technology, National Institutes of Health, 1, and is the result of a conservative J–L Gao, PM Murphy (NIAID) HHS) amino acid substitution within the first Dated: March 5, 1998. DHHS Reference No. E–234–97/0 transmembrane receptor region of CCR2. LaVerne Y. Stringfield, CCR2–64I is independent of but Embodied in this invention is a CC Committee Management Officer, NIH. additive with CCR5–d32, an allele of chemokine receptor 1 (CCR1) knockout [FR Doc. 98–6790 Filed 3–16–98; 8:45 am] chemokine receptor CCR5 which is also mouse, which has been made deficient BILLING CODE 4140±01±M associated with delayed progression to (¥/¥) by targeted gene disruption. AIDS. Together, these two CCR1 normally binds chemokines MIP– polymorphisms are present in nearly 1a and RANTES. The inventors have DEPARTMENT OF HEALTH AND 40% of individuals in all ethnic groups; already used these knockout mice to HUMAN SERVICES CCR2–64I alone occurs at an allele identify a number of biological frequency of 10–29% in all ethnic functions for CCR1, which are described National Institutes of Health groups. Polynucleotides and in Gao et al., The Journal of National Center for Research polypeptides are provided by the Experimental Medicine 185(11): 1959– Resources; Notice of Closed Meeting invention. Therapeutic approaches and 1968, June 1997. The mice are available pharmaceutical compositions are for licensing via a Biological Materials Pursuant to Section 10(d) of the claimed, as are research uses, diagnostic License, and numerous research uses Federal Advisory Committee Act, as uses, and screening methods. are anticipated. amended (5 U.S.C. Appendix 2), notice CC Chemokine Receptor 8 DNA, New Dated: March 9, 1998. is hereby given of the following Animal Models And Therapeutic Barbara M. McGarey, National Center for Research Resources Agents For HIV Infection Deputy Director, Office of Technology Special Emphasis Panel (SEP) meetings: HL Tiffany, PM Murphy, G Alkhatib, EA Transfer. Name of SEP: Biomedical Research Berger (NIAID) [FR Doc. 98–6892 Filed 3–16–98; 8:45 am] Technology. Date: March 23–25, 1998. BILLING CODE 4140±01±M DHHS Reference No. E–220–97/0 filed Time: March 23, 6:00 p.m.–10:00 p.m.; 29 July 97 March 24, 8:00 a.m.–6:30 p.m; March 25, 8:00 a.m.–2:00 p.m. CCR8, a known chemokine receptor, DEPARTMENT OF HEALTH AND Place: Doubletree Hotel, 1750 Rockville has now been shown to serve as a co- HUMAN SERVICES Pike, Rockville, MD 20852, (301) 468–1100. receptor for HIV–1. This receptor, a Contact Person: Dr. Bela J. Gulyas, seven transmembrane region G protein National Institutes of Health Scientific Review Administrator, 6705 coupled receptor, binds chemokine I– Rockledge Drive, MSC 7965, Room 6018, 309, which is a potent monocyte National Center for Research Bethesda, MD 20892–7965, (301) 435–0811. attractant and is capable of inhibiting Resources; Notice of Closed Meeting Purpose/Agenda: To evaluate and review grant applications. apoptosis in thymic cell lines. CCR8 is Pursuant to Section 10(d) of the This notice is being published less than 15 expressed in both monocytes and Federal Advisory Committee Act, as days prior to the above meeting due to the thymus, and is encoded by a gene of amended (5 U.S.C. Appendix 2), notice urgent need to meet timing limitations previously unknown function. is hereby given of the following imposed by the review and funding cycle. Polynucleotides and polypeptides are This meeting will be closed in accordance National Center for Research Resources with the provisions set forth in sections provided by the invention. Therapeutic Special Emphasis Panel (SEP) meeting: approaches and pharmaceutical 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. compositions are claimed, as are Name of SEP: Biomedical Research Applications and/or proposals and the research uses. Technology (Telephone Conference Call). discussions could reveal confidential trade Date: April 1, 1998. secrets or commercial property such as Functional Promoter For CCR5 Time: 10:00 a.m. patentable material and personal information Place: National Institutes of Health, 6507 concerning individuals associated with the F Guignard (NIAID) Rockledge Drive, MSC 7965, Room 6018, applications and/or proposals, the disclosure DHHS Reference No. E–222–97/0 Bethesda, MD 20892–7965. of which would constitute a clearly Contact Person: Dr. Raymond R. O’Neill, unwarranted invasion of personal privacy. Embodied in this invention is the Scientific Review Administrator, 6705 (Catalog of Federal Domestic Assistance identification of the functional promoter Rockledge Drive, MSC 7965, Room 6018, Program No. 93.371, Biomedical Research, sequence for CCR5. CCR5 is a known Bethesda, MD 20892–7965, (301) 435–0820. National Institutes of Health, HHS) 13060 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

Dated: March 5, 1998. of the National Institute of Mental secrets or commercial property such as LaVerne Y. Stringfield, Health Special Emphasis Panel: patentable material, and personal Committee Management Officer, NIH. information concerning individuals Agenda/Purpose: To review and evaluate associated with the applications and/or [FR Doc. 98–6791 Filed 3–16–98; 8:45 am] grant applications. proposals, the disclosure of which would BILLING CODE 4140±01±M Committee Name: National Institute of constitute a clearly unwarranted invasion of Mental Health Special Emphasis Panel. personal privacy. Date: March 19, 1998. Time: 1 p.m. (Catalog of Federal Domestic Assistance, DEPARTMENT OF HEALTH AND Programs Nos. 93.271, Alcohol Research HUMAN SERVICES Place: Parklawn, Room 9C–26, 5600 Fishers Lane, Rockville, MD 20857. Career Development Awards for Scientist and Contact Person: Sheri L. Schwartzback, Clinicians; 93.272, Alcohol National National Institutes of Health Parklawn, Room 9C–26, 5600 Fishers Lane, Research Service Awards for Research Rockville, MD 20857, Telephone: 301, 446– Training; 93.273, Alcohol Research Programs; National Institute of Allergy and 6470. and 93.891, Alcohol Research Center Grants; Infectious Diseases; Notice of Closed The meeting will be closed in accordance National Institutes of Health) Meeting with the provisions set forth in sections Dated: March 10, 1998. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. LaVerne Y. Stringfield, Pursuant to Section 10(d) of the Applications and/or proposals and the Committee Management Officer, NIH. Federal Advisory Committee Act, as discussions could reveal confidential trade [FR Doc. 98–6786 Filed 3–16–98; 8:45 am] amended (5 U.S.C. Appendix 2), notice secrets or commercial property such as is hereby given of the following patentable material and personal information BILLING CODE 4140±01±M National Institute of Allergy and concerning individuals associated with the applications and/or proposals, the disclosure Infectious Diseases Special Emphasis of which would constitute a clearly DEPARTMENT OF HEALTH AND Panel (SEP) meeting: unwarranted invasion of personal privacy. HUMAN SERVICES Name of SEP: Mucosal Immunity in the This notice is being published less than Human Female Reproductive Tract. fifteen days prior to the meeting due to the National Institutes of Health Date: April 7, 1998. urgent need to meet timing limitations Time: 1:30 p.m. to Adjournment. imposed by the review and funding cycle. National Institute on Aging; Amended Place: Teleconference Call, 6003 Executive (Catalog of Federal Domestic Assistance Notice of Closed Meeting Boulevard, Solar Bldg., Room 1A3, Bethesda, Program Numbers 93.242, 93.281, 93.282) MD 20892, (301) 402–0748. Dated: March 10, 1998. Notice is hereby given of a change in Contact Person: Dr. Priti Mehrotra, LaVerne Y. Stringfield, the meeting of the National Institute on Scientific Review Adm. 6003 Executive Aging Special Emphasis Panel, National Committee Management Officer, NIH. Boulevard, Solar Bldg., Room 4C14, Institute on Aging, March 11, 1998, The Bethesda, MD 20892, (301) 496–2550. [FR Doc. 98–6785 Filed 3–16–98; 8:45 am] Drake Hotel, Oak Brook, Illinois which Purpose/Agenda: To evaluate a grant BILLING CODE 4140±01±M was published in the Federal Register application. The meeting will be closed in accordance on March 4, 1998, (Vol. 63 FR10646). This committee was to have met at the with the provisions set forth in sections DEPARTMENT OF HEALTH AND Drake Hotel, Oakbrook, Illinois on 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. HUMAN SERVICES Applications and/or proposals and the March 11, but the hotel has been discussions could reveal confidential trade National Institutes of Health changed to the Wyndham Garden Hotel, secrets or commercial property such as Oakbrook Terrace, Illinois. The time patentable material and personal information National Institute on Alcohol Abuse remains the same. concerning individuals associated with the and Alcoholism; Notice of Closed As previously announced, this applications and/or proposals, the disclosure meeting is closed to the public. of which would constitute a clearly Meeting unwarranted invasion of personal privacy. Pursuant to Section 10(d) of the Dated: March 10, 1998. (Catalog of Federal Domestic Assistance Federal Advisory Committee Act, as LaVerne Y. Stringfield, Programs Nos. 93.855, Immunology, Allergic amended (5 U.S.C. Appendix 2), notice Committee Management Officer, NIH. and Immunologic Diseases Research; 93.856, is hereby given of the following [FR Doc. 98–6787 Filed 3–16–98; 8:45 am] Microbiology and Infectious Diseases meeting: BILLING CODE 4140±01±M Research, National Institutes of Health) Dated: March 10, 1998. Purpose/Agenda: To review and evaluate grant applications. LaVerne Y. Stringfield, Name of Committee: National Institute on DEPARTMENT OF HEALTH AND Committee Management Officer, NIH. Alcohol Abuse and Alcoholism Special HUMAN SERVICES [FR Doc. 98–6784 Filed 3–16–98; 8:45 am] Emphasis Panel. BILLING CODE 4140±01±M Date of Meeting: March 27, 1998. National Institutes of Health Time: 8:00 a.m. Place of Meeting: Double Tree Hotel, 1750 National Institute of Diabetes and DEPARTMENT OF HEALTH AND Rockville Pike, Rockville, MD 20852. Digestive and Kidney Diseases; Notice HUMAN SERVICES Contact Person: Sean O’Rourke, 6000 of Closed Meeting Executive Boulevard, Suite 409, Rockville National Institutes of Health MD 20892–7003, 301–443–2861. Pursuant to Section 10(d) of the This notice is being published less than 15 Federal Advisory Committee Act, as National Institute of Mental Health; days prior to the meeting due to the urgent amended (5 U.S.C. Appendix 2), notice Notice of Closed Meeting need to meet timing limitations imposed by is hereby given of the following the review and funding cycle. National Institute of Diabetes and This meeting will be closed in accordance Digestive and Kidney Diseases Special Pursuant to Section 10(d) of the with the provisions set forth in sections Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. Emphasis Panel meeting: amended (5 U.S.C. Appendix 2), notice Applications and/or proposals and the Name of SEP: ZDK1 GRB–6 C1B. is hereby given of the following meeting discussions could reveal confidential trade Date: April 16, 1998. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13061

Time: 2:00 p.m. Date: March 24, 1998. Contact Person: Dr. Jean Hickman, Place: Room 6AS–37A, Natcher Building, Time: 1:00 p.m. Scientific Review Administrator, 6701 NIH (Telephone Conference Call). Place: NIH, Rockledge 2, Room 4132, Rockledge Drive, Room 4178, Bethesda, Contact: Neal Musto, Ph.D., Scientific Telephone Conference. Maryland 20892, (301) 435–1146. Review Administrator, Review Branch, DEA, Contact Person: Dr. Syed Quadri, Scientific Name of SEP: Microbiological and NIDDK, Natcher Building, Room 6AS–37A, Review Administrator, 6701 Rockledge Drive, Immunological Sciences. National Institutes of Health, Bethesda, Room 4132, Bethesda, Maryland 20892, (301) Date: April 15, 1998. Maryland 20892–6600, Phone: (301) 594– 435–1211. Time: 1:00 p.m. 7798. This notice is being published less than 15 Place: NIH, Rockledge 2, Room 4178, Purpose/Agenda: To review and evaluate days prior to the above meetings due to the Telephone Conference. grant applications. urgent need to meet timing limitations Contact Person: Dr. Jean Hickman, This meeting will be closed in accordance imposed by the grant review and funding Scientific Review Administrator, 6701 with the provisions set forth in sections cycle. Rockledge Drive, Room 4178, Bethesda, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. Name of SEP: Biological and Physiological Maryland 20892, (301) 435–1146. Applications and/or proposals and the Sciences. The meetings will be closed in accordance discussions could reveal confidential trade Date: March 27, 1998. with the provisions set forth in sections secrets or commercial property such as Time: 8:30 a.m. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. patentable material and personal information Place: Holiday Inn—Georgetown, Applications and/or proposals and the concerning individuals associated with the Washington, DC. discussions could reveal confidential trade applications and/or proposals, the disclosure Contact Person: Dr. Raymond Bahor, secrets or commercial property such as of which would constitute a clearly Scientific Review Administrator, 6701 patentable material and personal information unwarranted invasion of personal privacy. Rockledge Drive, Room 3048, Bethesda, concerning individuals associated with (Catalog of Federal Domestic Assistance Maryland 20892, (301) 435–1256. applications and/or proposals, the disclosure Program No. 93.847–849, Diabetes, Endocrine Name of SEP: Behavioral and of which would constitute a clearly and Metabolic Diseases; Digestive Diseases Neurosciences. unwarranted invasion of personal privacy. and Nutrition; and Kidney Diseases, Urology Date: March 27, 1998. (Catalog of Federal Domestic Assistance and Hematology Research, National Institutes Time: 8:30 a.m. Program Nos. 93.306, 93.333, 93.337, 93.393– of Health) Place: Holiday Inn, Bethesda, Maryland. 93.396, 93.837–93.844, 93.846–93.878, Dated: March 6, 1998. Contact Person: Dr. Luigi Giacometti, 93.892, 93.893, National Institutes of Health, Scientific Review Administrator, 6701 LaVerne Y. Stringfield, HHS) Rockledge Drive, Room 5170, Bethesda, Committee Management Officer, NIH. Maryland 20892, (301) 435–1246. Dated: March 5, 1998. [FR Doc. 98–6792 Filed 3–16–98; 8:45 am] Name of SEP: Behavioral and LaVerne Y. Stringfield, BILLING CODE 4140±01±M Neurosciences. Committee Management Officer, NIH. Date: March 27, 1998. [FR Doc. 98–6789 Filed 3–16–98; 8:45 am] Time: 9:00 a.m. BILLING CODE 4140±01±M DEPARTMENT OF HEALTH AND Place: Holiday Inn, Chevy Chase, MD. HUMAN SERVICES Contact Person: Dr. Samuel Rawlings, Scientific Review Administrator, 6701 National Institutes of Health Rockledge Drive, Room 5160, Bethesda, DEPARTMENT OF THE INTERIOR Maryland 20892, (301) 435–1243. Center for Scientific Review; Notice of Name of SEP: Clinical Sciences. Fish and Wildlife Service Closed Meetings Date: March 30, 1998. Time: 8:30 a.m. Receipt of Application for Endangered Pursuant to Section 10(d) of the Place: NIH, Rockledge 2, Room 4116, Species Permit Federal Advisory Committee Act, as Telephone Conference. amended (5 U.S.C. Appendix 2), notice Contact Person: Dr. Terrell Hoffeld, The following applicants have is hereby given of the following Center Scientific Review Administrator, 6701 applied for permits to conduct certain for Scientific Review Special Emphasis Rockledge Drive, Room 4116, Bethesda, activities with endangered species. This Maryland 20892, (301) 435–1781. Panel (SEP) meetings: notice is provided pursuant to Section Name of SEP: Clinical Sciences. 10(c) of the Endangered Species Act of Purpose/Agenda: To review individual Date: April 2, 1998. 1973, as amended (16 U.S.C. 1531 et grant applications. Time: 1:00 p.m. seq.): Name of SEP: Biological and Physiological Place: NIH, Rockledge 2, Room 4128, Sciences. Telephone Conference. PRT–840113 Date: March 16, 1998. Contact Person: Dr. Anshumali Chaudhari, Applicant: N. Ross Carrie, Raven Ecological Time: 11:00 a.m. Scientific Review Administrator, 6701 Services, Huntsville, Texas. Place: NIH, Rockledge 2, Room 6152, Rockledge Drive, Room 4128, Bethesda, Telephone Conference. Maryland 20892, (301) 435–1210. The applicant requests authorization Contact Person: Dr. Camilla Day, Scientific Name of SEP: Microbiological and to take (capture, band, translocate, and Review Administrator, 6701 Rockledge Drive, Immunological Sciences. harass during surveys and installation of Room 6152, Bethesda, Maryland 20892, (301) Date: April 9, 1998. cavity restrictors) the red-cockaded 435–1037. Time: 1:00 p.m. woodpecker, Picoides borealis, Name of SEP: Biological and Physiological Place: NIH, Rockledge 2, Room 4178, throughout the species range in Texas, Sciences. Telephone Conference. Louisiana, Arkansas, Mississippi, Date: March 16, 1998. Contact Person: Dr. Jean Hickman, Alabama, Tennessee, North Carolina, Time: 3:00 p.m. Scientific Review Administrator, 6701 South Carolina, Georgia and Florida, for Place: NIH, Rockledge 2, Room 5210, Rockledge Drive, Room 4178, Bethesda, Telephone Conference. Maryland 20892, (301) 435–1146. the purpose of enhancement of survival of the species. Contact Person: Dr. Michael Lang, Name of SEP: Microbiological and Scientific Review Administrator, 6701 Immunological Sciences. Written data or comments on these Rockledge Drive, Room 5210, Bethesda, Date: April 14, 1998. applications should be submitted to: Maryland 20892, (301) 435–1265. Time: 1:00 p.m. Regional Permit Biologist, U.S. Fish and Name of SEP: Biological and Physiological Place: NIH, Rockledge 2, Room 4178, Wildlife Service, 1875 Century Sciences. Telephone Conference. Boulevard, Suite 200, Atlanta, Georgia 13062 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

30345. All data and comments must be Virginia 22203. Phone: (703/358–2095); Action Statement, available for public received by April 16, 1998. FAX: (703/358–2298). review. Documents and other information Dated: March 11, 1998. Comments are requested on the submitted with this application are Newhall Plan and the Service’s Margaret Tieger, available for review, subject to the Environmental Action Statement. In requirements of the Privacy Act and Chief, Branch of Permits, Office of particular, the Service requests Management Authority. Freedom of Information Act, by any comments on the appropriateness of the party who submits a written request for [FR Doc. 98–6803 Filed 3–16–98; 8:45 am] ‘‘No Surprises’’ assurance discussed a copy of such documents to the BILLING CODE 4310±55±P under the ‘‘Unforeseen Events’’ section following office within 30 days of the of the Plan. All comments received, date of publication of this notice: U.S. DEPARTMENT OF THE INTERIOR including names and addresses, will Fish and Wildlife Service, 1875 Century become part of the administrative record Boulevard, Suite 200, Atlanta, Georgia Fish and Wildlife Service and may be made available to the 30345 (Attn: David Dell, Permit public. Biologist). Telephone: 404/679–7313; Availability of a Habitat Conservation DATES: Written comments should be Fax: 404/679–7081. Plan and Receipt of an Application for received on or before April 16, 1998. Dated: March 6, 1998. an Incidental Take Permit for the ADDRESSES: Comments should be Sam D. Hamilton, Newhall Land and Farming Project on addressed to Diane K. Noda, Field Regional Director. the Santa Clara River, California Supervisor, Ventura Fish and Wildlife [FR Doc. 98–6802 Filed 3–16–98; 8:45 am] AGENCY: Fish and Wildlife Service. Office, 2493 Portola Road, Suite B, Ventura, California 93003. Written BILLING CODE 4310±55±P ACTION: Notice of availability. comments may also be sent by facsimile SUMMARY: Newhall Land and Farming to (805) 644–3958. DEPARTMENT OF THE INTERIOR Company, Incorporated (Newhall), has FOR FURTHER INFORMATION CONTACT: Kirk applied to the Fish and Wildlife Service Waln, Fish and Wildlife Biologist, at the Fish and Wildlife Service for a 50-year incidental take permit above address (805–644–1766). pursuant to section 10(a)(1)(B) of the SUPPLEMENTARY INFORMATION: Receipt of Application for Approval Endangered Species Act of 1973, as The following applicant has applied amended. Newhall’s project involves Availability of Documents for approval to conduct certain activities water diversions and low water Individuals wishing copies of the with birds that are protected in crossings on the Santa Clara River documents should immediately contact accordance with the Wild Bird between Castaic Creek in Los Angeles the Service’s Ventura Fish and Wildlife Conservation Act of 1992. This notice is County and Rancho Camulos in Ventura Office at the above referenced address, provided pursuant to Section 112(4) of County, California. The Service or by telephone at (805) 644–1766. the Wild Bird Conservation Act of 1992, proposes to issue an incidental take Documents will also be available for 50 CFR 15.26(c). permit and provide assurances for the public inspection, by appointment, Applicant: Ronald Tokar, for the endangered unarmored threespine during normal business hours at the Washington Falconer’s Association, stickleback (Gasterosteus aculeatus above address. Walla Walla, WA. The applicant wishes williamsoni), the threatened California Background Information to amend the Washington Falconer’s red-legged frog (Rana aurora draytonii), Association approved cooperative and should they be listed, for the Santa Newhall proposes to continue breeding program to include two Ana sucker (Catostomus santaanae), a installation of six summertime crossings subspecies of the Aplomado falcon: candidate for listing under the of the Santa Clara River and four Falco femoralis femoralis; and Falco Endangered Species Act, and the temporary diversions of river water to femoralis pichinchae. The Washington following unlisted species of concern: supply irrigation needs. The crossings Falconer’s Association maintains arroyo chub (Gila orcutti), southwestern and diversions are an integral part of responsibility for the oversight of the pond turtle (Clemmys marmorata Newhall’s agricultural operations; the program. pallida), and two-striped garter snake crossings provide access to fields south Written data or comments should be (Thamnophis hammondii). This notice of the river that are largely inaccessible submitted to the Director, U.S. Fish and opens the comment period on the by other means, and the diversions Wildlife Service, Office of Management permit application package, which supply water for irrigation of row crops. Authority, 4401 North Fairfax Drive, includes the Habitat Conservation Plan Each year, in the spring, the crossings Room 700, Arlington, Virginia 22203 for the Newhall Land and Farming and diversions are installed in the same and must be received by the Director Company’s Crossings of the Santa Clara locations in the reach of the Santa Clara within 30 days of the date of this River (Newhall Plan). River from approximately Castaic Creek publication. The Service has determined that the in Los Angeles County to Rancho Documents and other information Newhall Plan qualifies as a low effect Camulos in Ventura County. In the fall, submitted with these applications are plan as defined by the Service’s Habitat the crossings and diversions are available for review, subject to the Conservation Planning handbook removed prior to flood events. The requirements of the Privacy Act and (November 1996). The Service has proposed action would result in the Freedom of Information Act, by any further determined that approval of the temporary disturbance of 14 acres of party who submits a written request for Newhall Plan qualifies as a categorical bank and river channel. The banks in a copy of such documents to the exclusion under the National the footprint of the crossings proper are following office within 30 days of the Environmental Policy Act, as provided devoid of vegetation due to many years date of publication of this notice: U.S. by the Department of the Interior of road installation and use. At the Fish and Wildlife Service, Office of Manual (516 DM 2, Appendix 1 and 516 crossings and diversions, the active Management Authority, 4401 North DM 6, Appendix 1). This determination river channel is also largely devoid of Fairfax Drive, Room 700, Arlington, is explained in an Environmental vegetation because, in many years, the Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13063 active river channel is cleared of of concern would be killed or injured are no other low-effect habitat vegetation by scouring that occurs during installation or removal of the conservation plans in preparation or during flood events. In years with crossings and diversions. Such foreseeable for the Santa Clara River. minimal rainfall, emergent vegetation incidental take, in the form of injury or The effect of this action on natural that develops upstream of the crossings mortality, would be authorized through resources is very limited and would following their installation may persist the incidental take permit. contribute little to the cumulative until the next flood event. To minimize the effects of the effects of other projects if they did arise. The affected reach of the river proposed project, the proponent would In addition, none of the exceptions to supports populations of the endangered implement a take avoidance plan during categorical exclusions (from 516 DM unarmored threespine stickleback and installation and removal of the crossings 2.3, Appendix 2) apply to the Newhall the following unlisted species of and diversions. The take avoidance plan Plan. The Service therefore has concern: the Santa Ana sucker, arroyo includes: preconstruction surveys of the determined that approval of the chub, southwestern pond turtle, and various sites by qualified biologists Newhall Plan qualifies as a categorical two-striped garter snake. Although not prior to installation activities; exclusion under the National observed in recent years, the threatened installation of blocking nets to isolate Environmental Policy Act, as provided California red-legged frog may occur in the work area; visual searches and by the Department of the Interior the affected reach. seining of the work area; and removal Manual (516 DM 2, Appendix 1 and 516 Pursuant to section 9 of the from harm’s way of individual fish and DM 6, Appendix 1). Therefore, no Endangered Species Act, listed species wildlife that are encountered. further National Environmental Policy are protected against take; that is, no The Service has determined that the Act documentation will be prepared. one may harass, harm, pursue, hunt, Newhall Plan qualifies as a ‘‘low-effect’’ This notice is provided pursuant to shoot, wound, kill, trap, capture or Plan as defined by the Fish and Wildlife section 10(c) of the Endangered Species collect the species, or attempt to engage Service’s Habitat Conservation Planning Act. The Service will evaluate the in such conduct (16 USC 1538). The Handbook (November 1996). Low-effect permit application, the Newhall Plan, Service, however, may issue permits to Plans are those involving (1) minor or and comments submitted thereon to take listed animal species if such taking negligible effects on federally listed and determine whether the application is incidental to, and not the purpose of, candidate species and their habitats, meets the requirements of section 10(a) otherwise lawful activities. Regulations and (2) minor or negligible effects on of the Endangered Species Act. If it is governing permits for endangered and other environmental values or determined that the requirements are threatened species are promulgated at resources. The Newhall Plan qualifies as met, a permit will be issued. The final 50 CFR 17.22 and 17.32. a low-effect Plan for the following permit decision will be made no sooner The Service proposes to issue an reasons: than 30 days from the date of this incidental take permit to the applicant 1. The effects of the plan are minor or notice. for the take of unarmored threespine negligible on federally listed, proposed, sticklebacks and California red-legged or candidate species and their habitats. Dated: March 11, 1998. frogs. The proposed permit would be The effects of Newhall’s actions on the Thomas Dwyer, effective upon issuance for species Santa Clara River are minor in Acting Regional Director, Region 1, Portland, currently listed under the Endangered comparison to natural river processes Oregon. Species Act. Should the unlisted species (e.g., low flows and high flows). The [FR Doc. 98–6806 Filed 3–16–98; 8:45 am] covered by the Plan be federally listed installation, presence, and removal of BILLING CODE 4310±55±P as threatened or endangered during the the river crossings appear not to term of the permit, take authorization negatively affect the federally listed, for them would become effective candidate, and species of concern that DEPARTMENT OF THE INTERIOR concurrent with their listing under the inhabit the affected reaches. By slowing Endangered Species Act. In addition, the flow of water, the crossings create Fish and Wildlife Service the applicant seeks Federal assurances habitat conditions favorable to many Receipt of an Application for an that no additional land restrictions or species native to the project area. Incidental Take Permit for the Coastal financial compensation would be 2. The effects of the project are minor California Gnatcatcher Associated required for species adequately covered or negligible on other environmental With Residential Development on the by the Newhall Plan. To receive resources. Relative to vehicle traffic on Bennett Property, City of Chula Vista, assurances, all species covered by the Highway 126, which lies along the Plan must be treated as if they are listed northern margin of the river’s CA and the Plan, with its avoidance, floodplain, the contribution of AGENCY: Fish and Wildlife Service. minimization and management Newhall’s farming activities to air ACTION: Notice of availability. measures, must be implemented. pollution is negligible. The limited The proposed Federal action would pulses of elevated turbidity that occur SUMMARY: Western Pacific Housing authorize the incidental take, through through installation and removal of (applicant) has submitted an application harassment, of all unarmored threespine Newhall’s river crossings do not greatly with a Habitat Conservation Plan to the sticklebacks and California red-legged affect water quality and soil. Within the Fish and Wildlife Service for an frogs within the individual crossing and footprint of the river crossings, there are incidental take permit pursuant to diversion sites. Similarly, all Santa Ana no known cultural resources; section 10(a)(1)(B) of the Endangered suckers, arroyo chubs, southwestern considering the natural disturbance Species Act of 1973, as amended. The pond turtles, and two-striped garter which occurs during flood flows and the applicant proposes to develop snakes would be harassed during their historic use of the crossing areas, the residential housing on a 5-acre parcel in removal from harm’s way prior to presence of cultural resources is the City of Chula Vista, California. The installation and removal of the river extremely unlikely. proposed permit would authorize the crossings and diversions. The Service 3. No significant cumulative effects incidental take of one pair of the anticipates that limited numbers of are expected to occur as a result of threatened coastal California individuals of listed species and species project implementation. There currently gnatcatcher (Polioptila californica 13064 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices californica) known to occur on this areas of southern California and with disturbing activities will be minimal. No parcel. horticultural ornamentals. The known cultural sites exist on the site, The Service has determined that the revegetated scrub is similar in stature to therefore, no impacts to cultural Bennett Habitat Conservation Plan coastal sage scrub but is not considered resources are anticipated. No changes in (Bennett Plan) qualifies as a low effect to be coastal sage scrub. The applicant land use or the socio-economic plan as defined by the Service’s Habitat has submitted a habitat conservation environment are expected to occur as a Conservation Planning Handbook plan that describes consideration of result of implementing the Bennett Plan (November 1996). The Service has alternatives to the action and provisions because the project site is located in an further determined that approval of the for minimization and mitigation of existing housing subdivision Bennett Plan qualifies as a categorical impacts including off-site acquisition of surrounded by residential development exclusion under the National 4.2 acres of coastal sage scrub within the and a paved road. Environmental Policy Act, as provided preserve area of the City of Chula Vista’s 3. No significant cumulative effects by the Department of the Interior Multiple Species Conservation Program. are expected to occur as a result of Manual (516 DM 2, Appendix 1 and 516 The Bennett Plan also provides project implementation. The site was DM 6, Appendix 1). This determination measures to avoid direct take of the previously graded and revegetated to an is explained in an Environmental California gnatcatchers if vegetation unnatural assemblage of plants. The loss Action Statement which is available for clearing would occur within the normal of 4.2 acres of non-coastal sage scrub public review. California gnatcatcher breeding season. vegetation on previously graded land DATES: Written comments on the permit Two alternatives to the proposed will not result in significant cumulative application, Bennett Plan, and project action were considered: the ‘‘no effects to the coastal California Environmental Action Statement should project’’ alternative and the ‘‘partial- gnatcatcher. be received on or before April 16, 1998. clearing’’ alternative. Each of these In addition, none of the exceptions to alternatives was rejected because they ADDRESSES: categorical exclusions (from 516 DM Written comments should would not meet the project purpose and be addressed to the Field Supervisor, 2.3, Appendix 2) apply to the Bennett were economically unfeasible. Plan. The Service therefore has Carlsbad Fish and Wildlife Office, 2730 The Service has determined that the Loker Avenue West, Carlsbad, California determined that approval of the Bennett Bennett Plan qualifies as a ‘‘low-effect’’ Plan qualifies as a categorical exclusion 92008. Comments may be sent by plan as defined by the Service’s Habitat facsimile to (760) 431–9624. under the National Environmental Conservation Planning Handbook Policy Act, as provided by the FOR FURTHER INFORMATION CONTACT: Ms. (November 1996). Low-effect plans are Department of the Interior Manual (516 Kim Marsden, Fish and Wildlife those involving (1) minor or negligible DM 2, Appendix 1 and 516 DM 6, Biologist, at the above address or call effects on federally listed and candidate Appendix 1). No further National (760) 431–9440. species and their habitats, and (2) minor Environmental Policy Act SUPPLEMENTARY INFORMATION: or negligible effects on other documentation will therefore be environmental values or resources. The Availability of Documents prepared. Bennett Plan qualifies as a low-effect This notice is provided pursuant to Persons may obtain a copy of the plan for the following reasons: section 10(c) of the Endangered Species permit application, Bennett Plan, and 1. The effects of the plan are minor or Act. The Service will evaluate the Environmental Action Statement by negligible on federally listed, proposed, permit application, the Bennett Plan, calling the Service’s Carlsbad Fish and or candidate species and their habitats. and comments submitted thereon to Wildlife Office at the telephone number The harassment of one pair of California determine whether the application above. Documents also will be available gnatcatchers by removal of 4.2 acres of meets the requirements of section 10(a) for public inspection by appointment their foraging habitat is considered a of the Endangered Species Act. If it is negligible effect because: (a) The project during normal business hours at that determined that the requirements are ADDRESSES site has been previously graded and office (see ). met, a permit will be issued. The final revegetated to an assemblage of plants permit decision will be made no sooner Background that does not comprise a natural than 30 days from the date of this Section 9 of the Endangered Species community; and (b) the removal of this notice. Act and its implementing regulations vegetation will not appreciably reduce prohibit the ‘‘taking’’ of threatened or any food resource, or affect Dated: March 11, 1998. endangered species. However, under reproduction because there is foraging Thomas Dwyer, limited circumstances the Service may habitat within 50 meters of the project Acting Regional Director, Region 1, Portland, issue permits to take endangered and/or site in naturally-occurring suitable Oregon. threatened species incidental to, and not habitat. In addition, the project will not [FR Doc. 98–6807 Filed 3–16–98; 8:45 am] the purpose of, otherwise lawful affect any proposed or candidate species BILLING CODE 4310±55±P activities. Regulations governing or their habitats. permits for endangered and/or 2. The effects of the project are minor threatened species are promulgated at or negligible on other environmental DEPARTMENT OF THE INTERIOR 50 CFR 17.22 and 17.32. resources. The effects on air quality will Under the proposed action, not be significant because of the small Fish and Wildlife Service construction activities would directly size of the project site and the limited impact one pair of gnatcatchers by duration of construction. Impacts to Klamath Fishery Management Council removal of 4.2 acres of foraging habitat geology and soils are negligible because Meeting on a 5-acre parcel. The parcel is the site has been previously graded. AGENCY: Fish and Wildlife Service, bounded on three sides by development Impacts to water quality are not Interior. and on the fourth by a road. The parcel anticipated as a result of this project ACTION: Notice of meeting. has been previously graded and because it is small, surrounded by revegetated with a mixture of plants that existing development, not located close SUMMARY: Pursuant to section 10(a)(2) of are native to both coastal and desert to any body of water, and ground the Federal Advisory Committee Act (5 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13065

U.S.C. App. I), this notice announces a Dated: March 10, 1998. FOR FURTHER INFORMATION CONTACT: meeting of the Klamath Fishery Don Weathers, Karen Siegfried, Realty Specialist, at the Management Council, established under Acting Regional Director. above Fort Snelling Regional Office the authority of the Klamath River Basin [FR Doc. 98–6812 Filed 3–16–98; 8:45 am] address (612/713–5410). Fishery Resources Restoration Act (16 BILLING CODE 4310±55±M SUPPLEMENTARY INFORMATION: The U.S.C. 460ss et seq.). The Klamath Fishery Management Council makes purpose of this Notice is to inform the recommendations to agencies that DEPARTMENT OF THE INTERIOR public that the Service will be regulate harvest of anadromous fish in proceeding with the processing of this the Klamath River Basin. The objective Fish and Wildlife Service application, the compatibility of this meeting is to develop determination and the approval Notice of Gas Pipeline Right-of-Way processing which includes the management options for the 1998 Permit Application Crossing a Stevens Klamath fall chinook salmon season, to preparation of the terms and conditions County, Minnesota Waterfowl of the permit. The proposed natural gas be presented to the Pacific Fisheries Production Area, for Review and pipeline crossing the Stevens County, Management Council. The meeting is Comment open to the public. Minnesota waterfowl production area is AGENCY: Fish and Wildlife Servic, part of a larger project to deliver western DATES: The Klamath Fishery Interior. Canadian natural gas to several existing Management Council will meet from ACTION: Notice. pipelines in the Joliet, Illinois region. 2:00 p.m. to 6:00 p.m. on Sunday, April The route of the pipeline covers 50 feet 5. SUMMARY: This Notice advises the public in width of parcel 5 of the record plat, that Alliance Pipeline of Mankato, ′′ PLACE: The meeting will be held at the ‘‘Stevens County Wildlife Area No. 19 Minnesota has applied for the Doubletree Hotel Jantzen Beach, 909 N. in the S1⁄2SW1⁄4SW1⁄4 of Section 17, installation of a 36-inch diameter Hayden Island Drive, Portland, Oregon. Township 125 North, Range 43 West, natural gas pipeline right-of-way across Fifth Principal Meridian. See attached U.S. Fish and Wildlife Service, Tract 94, FOR FURTHER INFORMATION CONTACT: maps for location of proposed pipeline. Stevens County, Minnesota Waterfowl Dr. Ronald A. Iverson, Project Leader, Production Area. Right-of-way applications for U.S. Fish and Wildlife Service, P.O. Box DATES: Written comments should be pipelines are to be filed in accordance 1006 (1215 South Main), Yreka, with Section 28 of the Mineral Leasing California 96097–1006, telephone (530) received on or before April 16, 1998 to receive consideration by the Service. Act of 1920 (30 U.S.C.), as amended by 842–5763. ADDRESSES: Comments should be the Act of November 16, 1973 (37 Stat. SUPPLEMENTARY INFORMATION: For addressed to: Regional Director; U.S. 576, Pub. L. 93–153). background information on the Klamath Fish and Wildlife Service, Bishop Henry Dated: January 23, 1998. Council, please refer to the notice of Whipple Federal Building; 1 Federal Marvin E. Moriarty, their initial meeting that appeared in the Drive; Fort Snelling, Minnesota 55111– Regional Director, Region 3, Ft. Snelling, MN. Federal Register on July 8, 1987 (52 FR 4056; Attention: Ms. Karen Siegfried, 25639). Realty Specialist, Division of Realty. BILLING CODE 4310±55±M 13066 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

[FR Doc. 98–5895 Filed 3–16–98; 8:45 am] BILLING CODE 4310±55±C Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13067

DEPARTMENT OF THE INTERIOR 4. Casual use of these lands such as shooting is a safety concern; therefore, hiking, and vehicular use on existing target shooting is restricted to one area Bureau of Land Management two track trails are permitted. located at the end of the main access The above restrictions do not apply to road. To reduce cultural resources [AZ±060±1430±00] emergency vehicles and vehicles owned damage and garbage dumping, motor by the United States, the State of vehicles are restricted to a series of Temporary Closure of Selected Public Arizona, or Pima County. Persons who roadways that are depicted on a map Lands and Roads in Pima County, AZ violate this closure order are subject to available at the BLM office in Redding. arrest and, upon conviction, may be Exceptions to the motor vehicle closure AGENCY: Bureau of Land Management, fined up to $100,000.00 and/or include: emergency vehicles, fire Interior. imprisoned for not more than 12 months suppression and rescue vehicles, BLM ACTION: Notice of temporary closure of as amended by 18 USC 3571 and 18 operation and maintenance vehicles, selected public lands and roads. USC 3581. This closure shall stay law enforcement vehicles, and other enforced until a resolution of the SUMMARY: This notice is to inform the motorized vehicles specifically unauthorized use is reached, terminated public of the Bureau of Land approved by an authorized officer of the or modified by the Bureau of Land Management’s (BLM) decision by the BLM. Management. The authority for this closure and rule Tucson Field Office Manager of the making is 43 CFR 8364.1. Any person Tucson Field Office of the temporary Dated: March 5, 1998. who fails to comply with a closure order road closure of selected public lands Bill Childress, or rule making is subject to arrest and under the Field Office’s administration. Acting Field Manager. fines of up to $100,000 and/or The selected public land roads are [FR Doc. 98–6833 Filed 3–16–98; 8:45 am] imprisonment not to exceed 12 months. located in: T. 17 S., R. 12 E., sections 3, BILLING CODE 4310±32±M 10, 11, 14 and 15. This action is being Charles M. Schultz, taken to provide for public safety and to Redding Area Manager. prevent unnecessary environmental DEPARTMENT OF THE INTERIOR [FR Doc. 98–6801 Filed 3–16–98; 8:45 am] degradation to archaeological sites, soil BILLING CODE 4310±40±P resources, native vegetation and Bureau of Land Management wildlife. [CA±360±1220±00] DEPARTMENT OF THE INTERIOR DATES: This closure is effective February Closure and Restriction Orders 1, 1998. Bureau of Land Management ADDRESSES: 12661 E. Broadway Blvd., AGENCY: Bureau of Land Management [MT±921±08±1320±01±P; MTM 87910] Tucson, AZ 85748. (BLM), Interior. FOR FURTHER INFORMATION CONTACT: ACTION: Emergency closure of certain Notice of InvitationÐCoal Exploration Bureau of Land Management, Tucson public lands to motorized vehicle use License Application MTM 87910 Field Office, 12661 E. Broadway Blvd., and target shooting in Shasta County, Tucson, Arizona 85748, (520) 722–4289. California. AGENCY: Bureau of Land Management, Montana State Office, Interior. SUPPLEMENTARY INFORMATION: The construction of new unauthorized roads SUMMARY: The BLM is prohibiting ACTION: Notice of invitation—Coal and road grading of existing roads has persons, for an indefinite period, from Exploration License Application MTM damaged archaeological sites, native target shooting and operating motorized 87910. vehicles in certain areas around, and vegetation and existing roads. Authority SUMMARY: Members of the public are for this action is contained in 43 Code within, the Swasey Drive—Area of Critical Environmental Concern (ACEC). hereby invited to participate with of Federal Regulations 8364–1. Spring Creek Coal Company in a Violations are punishable as a Class A These closures will protect sensitive cultural resources on BLM lands and program for the exploration of coal misdemeanor. This action is taken to deposits owned by the United States of protect life and property and allow for adjoining residential land until BLM has prepared a detailed ACEC Management America in the lands described below safe public land use. The following are located in Big Horn County, Montana: supplemental rules for the area Plan. described above and apply to all DATES: This emergency motorized T. 8 S., R. 39 E., P.M.M. 1 1 1 1 persons using Public Lands. The special vehicle closure will take effect March Sec. 13: SW ⁄4NW ⁄4, W ⁄2SW ⁄4 Sec. 14: NE1⁄4, NE1⁄4NW1⁄4, E1⁄2SE1⁄2 rules are in addition to existing rules 17, 1998. Sec. 15: N1⁄2NE1⁄4, N1⁄2SE1⁄4NE1⁄4, NW1⁄4, FOR FURTHER INFORMATION CONTACT: and regulations previously established W1⁄2SW1⁄4SE1⁄4, SE1⁄4SW1⁄4SE1⁄4 under 43 Code of Federal Regulations Charles M. Schultz, Field Manager, Sec. 22: NE1⁄4, NE1⁄4NW1⁄4 (CFR) as well as other Federal laws Bureau of Land Management, 355 Sec. 23: NE1⁄4NE1⁄4, E1⁄2NW1⁄4NW1⁄4, applicable to the use of Public Land. Hemsted Drive, Redding, CA. 96002. SW1⁄4NW1⁄4NE1⁄4, S1⁄2N1⁄2NW1⁄4, Specific restrictions and closure are as SUPPLEMENTARY INFORMATION: The BLM S1⁄2NW1⁄4 follows: designated the Swasey Drive area as an Sec. 24: NW1⁄4NW1⁄4 1. All posted roads shall be closed to ACEC in 1993 with approval of the 1120.00 acres. all vehicular use except for ‘‘Indian Redding Resource Management Plan. SUPPLEMENTARY INFORMATION: Any party Kitchen’’ Road and ‘‘Dog Town’’ Road. Public lands located in T. 31 N., R. 6 W., electing to participate in this 2. The Indian Kitchen Archaeological sections 1 and 12, and T. 31 N., R. 5 W., exploration program shall notify, in site shall be closed to all vehicular use. sections 6 and 7 are plagued by illegal writing, both the State Director, Bureau 3. All roads described above shall be garbage dumping and contain sensitive of Land Management, P.O. Box 36800, open to BLM authorized and permitted cultural resources which are vulnerable Billings, Montana 59107–6800; and activities on an event specific basis as to looting. The BLM land is surrounded Spring Creek Coal Company, P.O. Box authorized by the Tucson Field Office by privately owned residential 67, Decker, Montana 59025. Such Manager or his designee. development and unrestricted target written notice must refer to serial 13068 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices number MTM 87910 and be received no LLC, Skyline Mine, P.O. Box 719, DATES: Comments will be accepted until later than 30 calendar days after Helper, Utah 84526. Such written notice April 16, 1998. publication of this Notice in the Federal must be received within thirty days after ADDRESSES: Comments should be sent to Register or 10 calendar days after the publication of this notice in the Federal the Area Manager, Glenwood Springs last publication of this Notice in the Big Register. Resource Area, Bureau of Land Horn County News, whichever is later. Any party wishing to participate in Management, P.O. Box 1009, Glenwood This Notice will be published once a this exploration program must be Springs, CO 81602, ATTN: Oil and Gas week for 2 consecutive weeks in the Big qualified to hold a lease under the EIS. provisions of 43 CFR 3472.1 and must Horn County News. FOR FURTHER INFORMATION CONTACT: The proposed exploration program is share all cost on a pro rata basis. An Steve Moore, (970) 947–2824. fully described, and will be conducted exploration plan submitted by Canyon SUPPLEMENTARY INFORMATION: A Notice pursuant to an exploration plan to be Fuel Company, LLC, detailing the scope of Intent to prepare a supplemental EIS approved by the Bureau of Land and timing of this exploration program, on oil and gas leasing and development Management. The exploration plan, as is available for public review during in the GSRA was published on April 21, submitted by Spring Creek Coal normal business hours in the public 1997 (62 FR 19349). That EIS process Company, is available for public room of the BLM State Office, 324 South has indicated that some changes in the inspection at the Bureau of Land State Street, Salt Lake City, Utah, under leasing decisions are necessary and that Management, Montana State Office, serial number UTU–76864. an RMP amendment will be required. Granite Tower Building, 222 North 32nd Dated: March 11, 1998. Further, as anticipated in that original Street, Billings, Montana, during regular Douglas M. Koza, notice, the Department of Defense business hours (9 a.m. to 4 p.m.) Deputy State Director, Natural Resources. Authorization Act of 1998 (November Monday through Friday. [FR Doc. 98–6805 Filed 3–16–98; 8:45 am] 18, 1997) transferred management FOR FURTHER INFORMATION CONTACT: BILLING CODE 4310±DQ±M authority for the NOSRs from the Robert Giovanini, Mining Engineer, or Department of Energy to BLM. In Bettie Schaff, Land Law Examiner, addition to transferring management Branch of Solid Minerals (MT–921), DEPARTMENT OF THE INTERIOR authority to BLM, the Act directs BLM Bureau of Land Management, Montana to lease approximately 6,000 acres in Bureau of Land Management State Office, P.O. Box 36800, Billings, the NOSRs for oil and gas development Montana 59107–6800, telephone (406) [CO±078±98±1430±00] by November 18, 1998. Prior to the 255–2818 or (406) 255–2832, transfer, the Department of Energy had respectively (commercial or FTS). Resource Management Plan already begun development of this oil Dated: March 9, 1998. Amendment and Supplemental and gas production area. Oil and gas Edward L. Hughes, Environmental Impact Statement (EIS) leases for the production area will be Acting Chief, Branch of Solid Minerals. on Oil and Gas Development sold at auction next fall. [FR Doc. 98–6830 Filed 3–16–98; 8:45 am] AGENCY: Bureau of Land Management. The general character of the NOSR lands that are to be offered for lease is BILLING CODE 4310±DN±P ACTION: Notice of intent. similar to the surrounding BLM lands SUMMARY: Pursuant to section 202 of the which are being evaluated in the DEPARTMENT OF THE INTERIOR Federal Land Policy and Management supplemental EIS. Additionally, many Act of 1976 and Bureau of Land of the issues concerning oil and gas Bureau of Land Management Management (BLM) regulations in CFR development of those lands are the same 1610.5–5, BLM intends to amend the as those being considered in the Utah-Notice of Invitation To Participate Resource Management Plan (RMP) for supplemental EIS. It has been decided, in Coal Exploration Program; Canyon its Glenwood Springs Resource Area therefore, to include the NOSR lands in Fuel Company, LLC, West Ridge, (GSRA). As described in a Notice of the supplemental EIS, and the RMP will Upper Huntington Canyon, UT Intent published on April 21, 1997 (62 be amended to reflect decisions made Canyon Fuel Company, LLC is FR 19349), BLM is preparing a on leasing of the NOSR lands as well as inviting all qualified parties to supplemental EIS on the impacts of oil other BLM lands in the GSRA. participate in its proposed exploration and gas development in the GSRA. That Anticipating the change in of certain Federal coal deposits in the EIS process has indicated that some management authority for the NOSRs, following described lands in Sanpete changes in the leasing decisions are the GSRA has been collecting County, Utah: necessary and that an RMP amendment environmental and resource data on the will be required. Further, as anticipated production area and has already T. 13 S., R. 6 E., SLM, UT in that original Notice of Intent, the Sec. 21, lots 1–4, E2E2; initiated preliminary evaluation of Sec. 28, lots 1–8, S2NW, SW; Department of Defense Authorization impacts. Sec. 33, E2, NWNW, E2NW, SWSW. Act of 1998 (November 18, 1997) Consideration of the wildlife, visual, T. 14 S., R. 6 E., SLM, UT transferred management authority for soils, riparian, socioeconomic and other Sec. 4, all; Naval Oil Shale Reserves (NOSR) 1 and issues being evaluated in the Sec. 5, all; 3 from the Department of Energy to supplemental EIS will now formally Sec. 6, all. BLM. The Act directs BLM to lease include the NOSR production area. A Containing 3,229.73 acres. certain lands in the NOSRs for oil and draft of the supplemental EIS is planned Any party electing to participate in gas development by November 18, 1998. for late May, 1998. this exploration program must send Those lands will be included in the Formal scoping for the supplemental written notice of such election to the supplemental EIS, and the RMP will be EIS will be re-opened for the next 30 Bureau of Land Management, Utah State amended to reflect decisions made on days. Comments concerning the Office, P.O. Box 45155, Salt Lake City, leasing of the NOSR lands as well as potential impacts of oil and gas Utah 84145–0155, and to Mark Bunnell, leasing decisions on other BLM lands in development in the NOSR production Mine Geologist, Canyon Fuel Company, the GSRA. area as well as impacts of development Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13069 in the rest of the GSRA are welcome. The planning review will include Wallowa-Whitman National Forest. The Additional scoping measures will opportunities for public participation. land has been and remains closed to include a press release describing the These opportunities will be announced mining. This order also revokes the addition of the NOSR production area to through Federal Register notices, media public land order insofar as it affects the the EIS, an informational mailing to releases, or mailings. The public will be remaining 49.82 acres, which will be interested citizens and ongoing invited to one or more meetings to opened to mining. All of the land has consultation with interested discuss problems, conflicts, concerns, been and remains open to surface entry organizations. and planning issues in the review area and mineral leasing. Michael S. Mottice, along with potential management EFFECTIVE DATE: April 16, 1998. Area Manager. options. The National Environmental FOR FURTHER INFORMATION CONTACT: [FR Doc. 98–6808 Filed 3–16–98; 8:45 am] Policy Act (NEPA) environmental Betty McCarthy, BLM Oregon/ BILLING CODE 4310±JB±P analysis process will be used for Washington State Office, P.O. Box 2965, evaluating these options and for Portland, Oregon 97208–2965, 503–952– developing a management prescription 6155. DEPARTMENT OF THE INTERIOR for the discovery area. By virtue of the authority vested in If the planning review results in the the Secretary of the Interior by Section Bureau of Land Management need to amend the Washakie RMP, other 204 of the Federal Land Policy and [WYW±142433] notices, mailings, or media releases will Management Act of 1976, 43 U.S.C. announce a 30-day public comment/ 1714 (1994), it is ordered as follows: Bighorn Basin Resource Area, WY; protest period on the proposed 1. Public Land Order No. 4145 is Discovery of Dinosaur Tracks amendment. hereby modified to expire 20 years from Comments, including names and the effective date of this order, unless, ACTION: Notice of intent to conduct a street addresses of respondents will be as a result of a review conducted before planning review and request for public available for public review at the the expiration date pursuant to Section participation concerning the discovery Worland District Office, 101 South 23rd 204(f) of the Federal Land Policy and of dinosaur tracks in Big Horn County, Street, Worland, Wyoming, during Management Act of 1976, 43 U.S.C. Wyoming, Bighorn Basin resource area. regular business hours (7:30 a.m. to 4:30 1714(f) (1994), the Secretary determines SUMMARY: The Bureau of Land p.m.) Monday through Friday, except that the withdrawal shall be extended Management (BLM) invites the public to holidays. Individual respondents may insofar as it affects the following identify management needs and issues request confidentiality. If you wish to described land: withhold your name or address from associated with the recent discovery of Willamette Meridian dinosaur tracks on BLM-administered public review or from disclosure under public lands in Big Horn County, the Freedom of Information Act, you Wallowa-Whitman National Forest Wyoming. must state this prominently at the West Eagle Meadow Campground FOR FURTHER INFORMATION CONTACT: beginning of your comments. Such T. 5 S., R. 43 E., unsurveyed, Mike Bies, Bighorn Basin Resource Area requests will be honored to the extent Sec. 32, S1⁄2SW1⁄4SW1⁄4. Archaeologist or Chuck Wilkie, Bighorn allowed by law. All submissions from The area described contains 20 acres in Basin Resource Area Manager; Bureau of organizations or businesses, and from Union County. Land Management, P. O. Box 119, individuals identifying themselves as The land described above continues Worland, Wyoming 82401–0119; (307) representatives or officials of to be withdrawn from location and entry 347–5100. organizations or businesses, will be under the mining laws, but has been SUPPLEMENTARY INFORMATION: A review made available for public inspection in and remains open to such forms of of existing land-use planning decisions their entirety. disposition as may by law be made of is being conducted to evaluate how to Dated: March 10, 1998. National Forest System land, including best manage public lands, resources, Alan R. Pierson, leasing under the mineral leasing laws educational opportunities, and other State Director. to protect the Forest Service’s West values associated with the recent [FR Doc. 98–6945 Filed 3–16–98; 8:45 am] Eagle Meadow Campground. discovery of dinosaur tracks on BLM- 2. Public Land Order No. 4145 is BILLING CODE 4310±22±P administered public lands in the hereby revoked insofar as it affects the Bighorn Basin Resource Area near Shell, following described land: Wyoming. The tracks were not DEPARTMENT OF THE INTERIOR Willamette Meridian addressed in the Washakie Resource Management Plan (RMP) which was Bureau of Land Management Wallowa-Whitman National Forest completed in 1988, and a review of West Eagle Meadow Campground [OR±958±0777±63; GP7±0063; ORE±017791] BLM’s planning decisions for the T. 5 S., R. 43 E., unsurveyed, discovery area is needed to evaluate the Sec. 32, N1⁄2SW1⁄4SW1⁄4 and S1⁄2NW1⁄4 Public Land Order No. 7322; 1 adequacy of existing management Modification and Partial Revocation of SW ⁄4. prescriptions for the protection of the T. 6 S., R. 43 E., Public Land Order No. 4145; Oregon 1 tracks and related values. The planning Sec. 5, NE ⁄4 of lot 4. review will also consider management AGENCY: Bureau of Land Management, The area described contains approximately options for public education, Interior. 49.82 acres in Union and Baker Counties. interpretation, scientific research, and ACTION: Public Land Order. 3. At 8:30 a.m. on April 16, 1998, the recreation in the area. Any needed land described in paragraph 2 will be changes in existing management or any SUMMARY: This order modifies a public opened to location and entry under the new management actions to be land order to establish a 20-year term as United States mining laws, subject to prescribed for the area will be identified to 20 acres of National Forest System valid existing rights, the provisions of and, if necessary, the Washakie RMP land withdrawn for the Forest Service’s existing withdrawals, other segregations will be amended. West Eagle Meadow Campground in the of record, and the requirements of 13070 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices applicable law. Appropriation of any of in significant damage to this important in the Federal Register (61 FR 15513, the land described in paragraph 2 of this archaeological site. April 8, 1996), which segregated the order under the general mining laws The following are supplemental rules lands described therein for up to 2 years prior to the date and time of restoration for the area described above and apply from the land, mining and mineral is unauthorized. Any such attempted to all persons using Public Lands. The leasing laws, subject to valid existing appropriation, including attempted special rules are in addition to existing rights. The 2-year segregation expires adverse possession under 30 U.S.C. 38 rules and regulations previously April 7, 1998. The lands are described (1994), shall vest no rights against the established under 43 Code of Federal as follows: Regulations (CFR) as well as other United States. Acts required to establish Boise Meridian a location and to initiate a right of Federal laws applicable to the use of possession are governed by State law Public Land. (Alternative Site No. 1)—Proposal: Clover where not in conflict with Federal law. Specific restrictions and closure are as Butte Drop Zone The Bureau of Land Management will follows: T. 12 S., R. 8 E., not intervene in disputes between rival 1. The discharge of firearms is Sec. 10, SE1⁄4SE1⁄4; locators over possessory rights since prohibited at the Indian Kitchen Sec. 11, S1⁄2S1⁄2; Congress has provided for such archaeological site. Sec. 12, S1⁄2S1⁄2; determinations in local courts. 2. The Indian Kitchen site shall be Sec. 13; closed to all vehicular use. Sec. 14; Dated: March 5, 1998. 1 1 3. The Indian Kitchen site shall be Sec. 15, E ⁄2E ⁄2; Bob Armstrong, Sec. 22, E1⁄2E1⁄2; open for day use only. Secs. 23 to 26 inclusive; Assistant Secretary of the Interior. 4. Ground fires and overnight Sec. 27, E1⁄2E1⁄2; [FR Doc. 98–6844 Filed 3–16–98; 8:45 am] camping are prohibited at the Indian Sec. 34, E1⁄2E1⁄2; BILLING CODE 4310±33±P Kitchen site. Sec. 35. Emergency vehicles and vehicles T. 12 S., R. 9 E., owned by the United States, the State of Sec. 7, lot 4, SE1⁄4SW1⁄4 and S1⁄2SE1⁄4; DEPARTMENT OF THE INTERIOR Arizona, or Pima County are permitted Sec. 8, S1⁄2S1⁄2; on the Indian Kitchen site. Persons who Secs. 17 to 20 inclusive; Bureau of Land Management violate this closure order are subject to Secs. 29 to 32 inclusive. arrest and, upon conviction, may be [AZ±060±1430±00] (No Drop Zone) fined up to $100,000.00 and/or T. 11 S., R. 4 E., imprisoned for not more than 12 months 1 1 1 1 Notice of Public Land Use Restriction: Sec. 23, S ⁄2SW ⁄4NW ⁄4SE ⁄4. Discharge of Firearms Prohibited as amended by 18 U.S.C. 3571 and 18 T. 9 S., R. 6 E., U.S.C. 3581. Sec. 21. AGENCY: Bureau of Land Management, Dated: March 5, 1998. T. 13 S., R. 4 E., Interior. Sec. 4, N1⁄2NE1⁄4NW1⁄4SW1⁄4. Bill Childress, ACTION: Notice of public land use Acting Field Manager. (Emitters) restriction: Discharge of firearms [FR Doc. 98–6832 Filed 3–16–98; 8:45 am] T. 8 S., R. 9 E., prohibited. 1 1 1 1 BILLING CODE 4310±32±M Sec. 34, SE ⁄4SE ⁄4NW ⁄4SE ⁄4. T. 9 S., R. 6 E., SUMMARY: This notice is to inform the Sec. 15, NW1⁄4NW1⁄4SW1⁄4SW1⁄4. public of the Bureau of Land DEPARTMENT OF THE INTERIOR T. 11 S., R. 4 E., Management’s (BLM) decision by the Sec. 23, NE1⁄4NE1⁄4NE1⁄4SW1⁄4. Tucson Field Office Manager of the Bureau of Land Management T. 11 S., R. 5 E., Tucson Field Office to prohibit the Sec. 17, SE1⁄4SE1⁄4NE1⁄4NE1⁄4. discharge of firearms on public land at [ID±933±1430±00; IDI±31741] T. 12 S., R. 3 E., Indian Kitchen archaeological site as Sec. 26, NE1⁄4NE1⁄4NW1⁄4NE1⁄4. posted, located in T. 17 S., R. 12., sec. Opening of Land in a Proposed T. 12 S., R. 10 E., 15, Pima County, Arizona, in order to Withdrawal; Idaho Sec. 30, SW1⁄4SW1⁄4SW1⁄4SW1⁄4 within lot protect persons, property and public 4. AGENCY: Bureau of Land Management, T. 13 S., R. 9 E., land and resources. No person shall be Interior. Sec. 10, NE1⁄4NE1⁄4NW1⁄4NW1⁄4. exempt from this restriction except ACTION: Notice. certified law enforcement personnel The areas described aggregate 11,583.34 acres in Owyhee County. acting in the line of duty to enforce SUMMARY: The temporary 2-year local, state or federal laws. This is a segregation of a proposed withdrawal of (Alternative Site No. 2)—Proposal: Grasmere permanent restriction . 21,256.58 acres of public lands for the Drop Zone DATES: Effective February 1, 1998. Department of Air Force’s Mountain T. 11 S., R. 4 E., Secs. 25 to 27 inclusive; FOR FURTHER INFORMATION CONTACT: Home Air Force Base Enhanced Secs. 34, N1⁄2, SE1⁄4 and E1⁄2SW1⁄4; Bureau of Land Management, Tucson Training in Idaho (ETI) site expires April 7, 1998, after which the lands will Sec. 35. Field Office, (520) 722–4289, 12661 E. T. 11 S., R. 5 E., Broadway Blvd., Tucson, AZ 85748. be open to surface entry, mining and Sec. 30, lots 1 to 4 inclusive; mineral leasing. SUPPLEMENTARY INFORMATION: Authority Sec. 31, lots 1 to 4 inclusive. for this action is contained in 43 Code EFFECTIVE DATE: April 7, 1998. T. 12 S., R. 4 E., of Federal Regulations 8364–1. FOR FURTHER INFORMATION CONTACT: Jon Secs. 1 to 4 inclusive; Foster, BLM Idaho State Office, 1387 S. Sec. 9; Violations are punishable as a Class A 1 1 1 1 Vinnell Way, Boise, Idaho 83709, 208– Sec. 10, NW ⁄4, S ⁄2, W ⁄2NE ⁄4 and misdemeanor. This action is taken to SE1⁄4NE1⁄4; 373–3813. protect life and property and allow for Sec. 11, S1⁄2, N1⁄2NE1⁄4, SE1⁄4NE1⁄4 and safe public land use. Discharge of SUPPLEMENTARY INFORMATION: A Notice NE1⁄4NW1⁄4; firearms at Indian Kitchen has resulted of Proposed Withdrawal was published Sec. 12; Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13071

Sec. 13, N1⁄2NW1⁄4, N1⁄2SW1⁄4NW1⁄4, provided for such determinations in Utah 84138–1102, telephone (801) 524– N1⁄2SE1⁄4NW1⁄4, NW1⁄4NE1⁄4, and local courts. 3702, faxogram (801) 524–5499, e-mail N1⁄2SW1⁄4NE1⁄4; Dated: March 9, 1998. at: [email protected]. Sec. 14, N1⁄2NW1⁄4, N1⁄2SW1⁄4NW1⁄4, Agendas: General topics of discussion 1 1 1 1 1 Jimmie Buxton, N ⁄2SE ⁄4NW ⁄4, N ⁄2NE ⁄4, for the April 7–8, May 18–19, and June N1⁄2SW1⁄4NE1⁄4 and N1⁄2SE1⁄4NE1⁄4; Branch Chief, Lands and Minerals. 1 1 1 1 1 9–10, 1998, meetings will be as follows: Sec. 15, N ⁄2NW ⁄4, N ⁄2SW ⁄4NW ⁄4, [FR Doc. 98–6851 Filed 3–16–98; 8:45 am] N1⁄2SE1⁄4NW1⁄4, N1⁄2NE1⁄4, Welcome BILLING CODE 4310±GG±P N1⁄2SW1⁄4NE1⁄4 and N1⁄2SE1⁄4NE1⁄4. Monitoring and Research Plans for Fiscal Year 2000 (No Drop Zone) Habitat/Maintenance and Beach/ T. 12 S., R. 9 E., DEPARTMENT OF THE INTERIOR Habitat-Building Flows Sec. 20, S1⁄2SW1⁄4SW1⁄4SW1⁄4. Management Objectives T. 9 S., R. 6 E., Bureau of Reclamation Spillway Gate Extensions Sec. 21. Science Advisory Board T. 13 S., R. 4 E., Glen Canyon Technical Work Group; Temperature Control Device Sec. 4, N1⁄2NE1⁄4NW1⁄4SW1⁄4. Public Meetings Cultural Resources (Emitters) SUMMARY: The Glen Canyon Technical Conceptual Model Work Group (TWG) was formed as an Budget T. 8 S., R. 9 E., Public Comment Sec. 34, SE1⁄4SE1⁄4NW1⁄4SE1⁄4. official subcommittee of the Glen T. 9 S., R. 6 E., Canyon Adaptive Management Work The agenda for the July 23, 1998, Sec. 15, NW1⁄4NW1⁄4SW1⁄4SW1⁄4. Group (AMWG) on September 10, 1997. public meeting will be to discuss the T. 11 S., R. 4 E., The TWG members were named by the assignments from the preceding 1 1 1 1 Sec. 23, NE ⁄4NE ⁄4NE ⁄4SW ⁄4. members of the AMWG and will Adaptive Management Work Group T. 11 S., R. 5 E., provide advice and information to the meetings. Sec. 17, SE1⁄4SE1⁄4NE1⁄4NE1⁄4. Official agendas for each of the four AMWG. The AMWG will use this T. 12 S., R. 3 E., public meetings will be available 15 1 1 1 1 information to form recommendations Sec. 26, NE ⁄4NE ⁄4NW ⁄4NE ⁄4. days prior to each meeting on the to the Secretary of the Interior for T. 12 S., R. 10 E., Bureau of Reclamation’s website under 1 4 1 4 1 4 1 4 guidance of the Grand Canyon Sec. 30, SW ⁄ SW ⁄ SW ⁄ SW ⁄ within lot the Adaptive Management Program at 4. Monitoring and Research Center science http://www.uc.usbr.gov. T. 13 S., R. 9 E., program and other direction as 1 1 1 1 FOR FURTHER INFORMATION CONTACT: Sec. 10, NE ⁄4NE ⁄4NW ⁄4SE ⁄4. requested by the Secretary. All meetings The areas described aggregate 9,673.34 are open to the public; however, seating Bruce Moore, telephone (801) 524–3702, acres in Owyhee County. is limited and is available on a first faxogram (802) 524–5499, e-mail at: [email protected]. At 9 a.m. on April 7, 1998, the lands come, first served basis. Dated: March 11, 1998 will be opened to the operation of the Dates and locations: The TWG will public land laws generally, subject to conduct FOUR (4) public meetings at Eluid L. Martinez valid existing rights, the provisions of the following times and locations: Commissioner, Bureau of Reclamation There will be three two-day public existing withdrawals, other segregations [FR Doc. 98–6775 Filed 3–16–98; 8:45 am] meetings: April 7–8, 1998; May 18–19, of record, and the requirements of BILLING CODE 4310±94±M 1998; and June 9–10, 1998. Each applicable law. All valid applications meeting will begin at 9:30 a.m. on the received at or prior to 9 a.m. on April first day and conclude at 4:00 p.m. on 7, 1998, shall be considered as DEPARTMENT OF JUSTICE the second day. simultaneously filed at that time. Those The meetings on April 7–8, 1998, and Notice of Lodging of Consent Decree thereafter shall be considered in the June 9–10, 1998, will be held at the order of filing. Pursuant to the Comprehensive Arizona Department of Water Resources, Environmental Response, At 9 a.m. on April 7, 1998, the lands Conference Room A, 500 North 3rd Compensation, and Liability Act will be opened to location and entry Street, Phoenix, Arizona. under the United States mining laws The meeting on May 18–19, 1998, will In accordance with Departmental and to the operation of the mineral be held in Flagstaff, Arizona, in the policy, 28 C.F.R. 50.7, notice is hereby leasing laws, subject to valid existing main conference room of the Grand given that a proposed consent decree in rights, the provisions of existing Canyon Monitoring and Research Center United States v. A–1 Battery, Inc., Civil withdrawals, other segregations of located at 2255 North Gemini Drive. Action No. 3CV980363, was lodged on record, and the requirements of There will be a one-day public March 4, 1998, with the United States applicable law. Appropriation of any of meeting on July 23, 1998. This meeting District Court for the Middle District of the lands described in this order under will be held in Phoenix, Arizona, at the Pennsylvania. The defendants in the the general mining laws prior to the date Embassy Suites Hotel, 1515 North 44th action are alleged to be persons who and time of restoration is unauthorized. Street (near the Sky Harbor Airport). arranged for the disposal or treatment, Any such attempted appropriation, The meeting will begin at 8:00 a.m. and or arranged with a transporter for including attempted adverse possession end at 12:00 noon. transport for disposal or treatment, of under 30 U.S.C. 38 (1988), shall vest no Time will be allowed at each meeting hazardous substances at the Tonolli rights against the United States. Acts for any individual or organization Corporation Superfund Site, in required to establish a location and to wishing to make formal oral comments Nesquehoning Borough, Carbon County, initiate a right of possession are (limited to 10 minutes), but written Pennsylvania. The proposed consent governed by State law where not in notice must be provided at least five (5) decree requires the defendants to conflict with Federal law. The Bureau of days prior to the meeting to Mr. Bruce conduct certain cleanup activities at the Land Management will not intervene in Moore, Bureau of Reclamation, Upper Site under the oversight of the United disputes between rival locators over Colorado Regional Office, 125 South States Environmental Protection possessory rights since Congress has State Street, Room 6107, Salt Lake City, Agency. The 13072 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices estimated cost of cleaning up the former Corporation, a subsidiary of Sequa, DEPARTMENT OF JUSTICE lead smelter and battery recycling recovering in excess of $1 million facility is $16.6 million. through those settlements. The present Notice of Lodging of Consent Decree The Department of Justice will settlement resolves the United States’ Pursuant to the Comprehensive receive, for a period ending thirty (30) pending claims and certain future Environmental Response, days from the date of this publication, claims against Sequa and Chromalloy. Compensation, and Liability Act comments relating to the proposed consent decree. Comments should be Under the Consent Decree, Sequa In accordance with Departmental addressed to the Assistant Attorney Corporation and Chromalloy American policy, 28 CFR 50.7, notice is hereby General for the Environment and Corporation will pay the United States given that a proposed Consent Decree in Natural Resources Division, Department $2.2 million in cash. Fifty percent of the United States v. Port of Moses Lake, No. of Justice, Washington, D.C., 20530, and payment will be used to complete CS–98–0057–FVS (E.D. Washington), should specifically refer to United ongoing remedial actions at the Odessa was lodged on February 23, 1998, with States v. A–1 Battery, Inc., DOJ No. 90– I Site. The other fifty percent will the United States District Court for the 7–2–174B. reimburse the United States for past Eastern District of Washington. With The proposed consent decree may be costs incurred by the United States in regard to the Defendants, the Consent examined at the Office of the United connection with the Odessa I Site. In Decree resolves a claim filed by the States Attorney for the Middle District exchange for these payments, the United United States on behalf of the United of Pennsylvania, Suite 1162, Federal States will provide a covenant not to sue States Environmental Protection Agency Building, 228 Walnut Street, Harrisburg, to Sequa and Chromalloy under sections (‘‘EPA’’) pursuant to the Comprehensive Environmental Response, Compensation Pennsylvania 17108; the Region III 106 and 107 of the Comprehensive and Liability Act, as amended, 42 U.S.C. Office of the Environmental Protection Environmental Response, 9601, et seq. The United States sought Agency, 841 Chestnut Building, Compensation, and Recovery Act past costs and performance of work. Philadelphia, Pennsylvania 19107; and (‘‘CERCLA’’), 42 U.S.C. 9606 and 9607, The United States entered into the at the Consent Decree Library, 1120 G. and Section 7003 of the Resource Consent Decree in connection with the Street, N.W., 4th Floor, Washington, Conservation and Recovery Act D.C. 20005, 202–624–0892. A copy of Moses Lake Wellfield Superfund Site (‘‘RCRA’’), 42 U.S.C. 6973, relating to located near Moses Lake, Washington. the proposed consent decree may be the Odessa I Site. obtained in person or by mail from the The Consent Decree provides that the Consent Decree Library. The Department of Justice will receive Settling Defendant will perform work by In requesting a copy of the proposed written comments relating to the installing a new water supply and consent decree, please enclose a check proposed Consent Decree for thirty (30) reimburse the United States a total of in the amount of $83.00 (25 cents per days from the date of publication of this $56,538.26 for past costs incurred by the page reproduction costs), payable to the notice. Please address comments to the United States at the Site. Consent Decree Library. Assistant Attorney General, The Department of Justice will Joel M. Gross, Environment and Natural Resources receive, for a period of thirty (30) days Chief, Environmental Enforcement Section, Division, Department of Justice, P.O. from the date of this publication, Environment and Natural Resources Division. Box 7611, Ben Franklin Station, comments relating to the proposed [FR Doc. 98–6840 Filed 3–16–98; 8:45 am] Washington, D.C. 20044 and refer to Consent Decree. Comments should be BILLING CODE 4410±15±M United States v. Bell Petroleum et al., addressed to the Assistant Attorney D.J. Ref. No. 90–11–3–229A. General for the Environment and Natural Resources Division, Department The Consent Decree may be examined DEPARTMENT OF JUSTICE of Justice, Washington, DC 20530, and at the Region 6 Office of EPA, 1445 Ross should refer to United States v. Port of Notice of Consent Decrees Under the Avenue, Dallas, Texas, 75202, and at the Moses Lake, DOJ Ref. #90–11–2–1040. Comprehensive Environmental Office of the United States Attorney, 400 The proposed Consent Decree may be Response, Compensation, and Liability West Illinois, Suite 1200, Midland, examined at the office of the United Act and the Resource Conservation Texas. States Attorney, 920 Riverside, Suite and Recovery Act A copy of the Consent Decree (if 300, Spokane, Washington 99201; the Region 10 office of the Environmental Notice is hereby given that a consent requested) may also be obtained in Protection Agency, 1200 Sixth Avenue, decree in United States v. Bell person or by mail from the Consent Seattle, Washington, and at the Consent Petroleum, et al., Civil Action No. MO– Decree Library, 1120 G Street, N.W., 4th Decree Library, 1120 G Street, NW., 4th 88–CA–05(W.D. Tex.) was lodged with Floor, Washington, D.C. 20005, (202) Floor, Washington, DC 20005, (202) the United States District Court for the 624–0892. In requesting copies, please 624–0892. A copy of the proposed Western District of Texas on March 6, enclose a check in the amount of $5.50 Consent Decree may be obtained in 1998. (25 cents per page reproduction cost) person or by mail from the Consent This action was filed in 1988 against payable to the ‘‘Consent Decree Decree Library, 1120 G Street, NW., 4th Bell Petroleum Company and others to Library.’’ Floor, Washington, DC 20005. In recover costs the United States had Joel Gross, requesting a copy refer to the referenced incurred and was continuing to incur in Chief, Environmental Enforcement Section, case and enclose a check in the amount connection with the Odessa Chromium Environment and Natural Resources Division. of $16.75 (25 cents per page I Site in Odessa, Texas. At the time of [FR Doc. 98–6843 Filed 3–16–98; 8:45 am] reproduction costs), payable to the settlement, the case was on its third BILLING CODE 4410±15±M Consent Decree Library. appeal to the United States Court of Appeals for the Fifth Circuit. Joel M. Gross, The United States previously settled Chief, Environmental Enforcement Section. with all defendants except Sequa [FR Doc. 98–6841 Filed 3–16–98; 8:45 am] Corporation and Chromalloy American BILLING CODE 4410±15±M Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13073

DEPARTMENT OF JUSTICE DEPARTMENT OF LABOR ADDRESSES: Comments are to be submitted to the Docket Office, Docket Notice of Lodging of Consent Decree Occupational Safety and Health No. ICR 98–8, U.S. Department of Labor, Pursuant to the Comprehensive Administration Room N–2625, 200 Constitution Environmental Response, [Docket No. ICR 98±8] Avenue, NW., Washington, DC 20210, Compensation, and Liability Act telephone number (202) 219–7894. Agency Information Collection Written comments limited to 10 pages Notice is hereby given that an Activities: Proposed Collection; or less in length may also be transmitted amendment to the previously entered Comment Request; Hazardous by facsimile to (202) 219–5046. consent decree in United States v. Chemicals in Laboratories FOR FURTHER INFORMATION CONTACT: Reynolds Metals Co. and Westvaco Adrian Corsey, Directorate of Health Corp., Civil Action No. 3:97–CV–226 ACTION: Notice. Standards Programs, Occupational (E.D. Va.) was lodged with the court on SUMMARY: The Department of Labor, as Safety and Health Administration, U.S. February 27, 1998. part of its continuing effort to reduce Department of Labor, Room N3718, The proposed amendment to the paperwork and respondent burden, telephone (202) 219–7075. A copy of the previous decree resolves the claims of conducts a preclearance consultation referenced information collection the United States against J.W. Fergusson program to provide the general public request is available for inspection and and Sons, Inc. under Sections 106 and and Federal agencies with an copying in the Docket Office and will be 107 of the Comprehensive opportunity to comment on proposed mailed immediately to persons who request copies by telephoning Adrian Environmental Response, Compensation and/or continuing collections of Corsey at (202) 219–7075 extension 105 and Liability Act, as amended information in accordance with the or Barbara Bielaski at (202) 219–8076 (‘‘CERCLA’’), 42 U.S.C. 9606 and 9607, Paperwork Reduction Act of 1995 extension 142. For electronic copies of for past response costs and certain (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This the Information Collection Request on response actions at the HH Burn Pit program helps to ensure that requested data can be provided in the desired Hazardous Chemicals in Laboratories, Superfund Site in Hanover County, contact OSHA’s WebPage on the Virginia. The decree obligates the format, reporting burden (time and financial resources) is minimized, Internet at http://www.osha.gov/ and Settling Defendant to reimburse click on standards. $175,000 of the United States’ past collection instruments are clearly SUPPLEMENTARY INFORMATION: response costs and to join with two understood, and the impact of collection parties who settled previously to requirements on respondents can be I. Background perform the remedial action the U.S. properly assessed. Currently the Occupational Safety and Health The Hazardous Chemicals in Environmental Protection Agency has Laboratories standard and its selected for the site. Administration is soliciting comments concerning the proposed extension of information collection requirements The Department of Justice will the information collection request for provide protection for employees from receive, for a period of thirty (30) days the Hazardous Chemicals in the adverse health effects associated from the date of this publication, Laboratories Standard 29 CFR with occupational exposure to comments relating to the proposed 1910.1450. A copy of the proposed Hazardous Chemicals in Laboratories. consent decree. Comments should be information collection request (ICR) can The standard requires that employers addressed to the Assistant Attorney be obtained by contacting the employee establish a Chemical Hygiene Plan, General for the Environment and listed below in the addresses section of including exposure monitoring and Natural Resources Division, Department this notice. The Department of Labor is medical records. These records are used of Justice, Washington, D.C. 20530, and particularly interested in comments by employees, physicians, employers should refer to United States v. which: and OSHA to determine the Reynolds Metals Co. and Westvaco • Evaluate whether the proposed effectiveness of the employers’ Corp., DOJ Ref. #90–11–3–1408. collection of information for the proper compliance efforts. Also the standard requires that OSHA have access to The proposed amendment to consent performance of the functions of the various records to ensure that employers decree may be examined at the United agency, including whether the are complying with the disclosure States Department of Justice, information will have practical utility; • provisions. Environment and Natural Resources Evaluate the accuracy of the agency’s estimate of the burden of the Type of Review: Extension. Division, Consent Decree Library, 1120 Agency: Occupational Safety and G Street, N.W., 4th Floor, Washington, proposed collection of information, including the validity of the Health Administration. D.C.20005, (202) 624–0892. A copy of Title: Hazardous Chemicals in the proposed consent decree may be methodology and assumptions used; • Enhance the quality, utility, and Laboratories 29 CFR 1910.1450. obtained in person or by mail from the OMB Control Number: 1218–0131. clarity of the information to be Consent Decree Library, 1120 G Street, Affected Public: Business or other for- collected; and N.W., 4th Floor, Washington, D.C. profit, Federal government, State and • Minimize the burden of the 20005. In requesting a copy, please refer Local governments. collection of information on those who Total Respondents: 34,214. to the referenced case and enclose a are to respond, including through the check in the amount of $3.50 (25 cents Frequency: On occasion. use of appropriate automated, Total Responses: 306,909. per page reproduction costs), payable to electronic, mechanical, or other the Consent Decree Library. Average Time per Response: Ranges technological collection techniques or from 5 minutes to make records Joel M. Gross, other forms of information technology, available to 1.75 hours for an employee Chief, Environmental Enforcement Section, e.g., permitting electronic submissions to have a consultation and a medical Environment and Natural Resources Division. of responses. examination. [FR Doc. 98–6842 Filed 3–16–98; 8:45 am] DATES: Written comments must be Estimated Total Burden Hours: BILLING CODE 4410±15±M submitted by May 18, 1998. 96,571. 13074 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

Total Annualized capital/startup Regulations. Closed pursuant to restrictive changes and less restrictive costs: 0. exemption (8). changes. Total initial annual costs (operating/ 3. Three (3) Personnel Actions. Closed Administrative changes are those that maintaining systems or purchasing pursuant to exemptions (2) and (6). involve restructuring, renumbering, services): $10,568,950. FOR FURTHER INFORMATION CONTACT: rewording, interpretation and complex Comments submitted in response to Becky Baker, Secretary of the Board, rearranging of requirements and other this notice will be submitted and Telephone (703) 518–6304. changes not affecting technical content included in the request for Office of Becky Baker, or substantially revising an operating Management and Budget approval of the Secretary of the Board. requirement. The reformatting, information collection. The comments renumbering and rewording process [FR Doc. 98–6964 Filed 3–12–98; 4:54 pm] will become a matter of public record. reflects the attributes of NUREG–1433 BILLING CODE 7535±01±M Signed at Washington, DC, this 11th day of and does not involve technical changes March, 1998. to the existing TS. The proposed Charles N. Jeffress, changes include: (a) Providing the NUCLEAR REGULATORY appropriate numbers, etc., for NUREG– Assistant Secretary of Labor. COMMISSION 1433 bracketed information [FR Doc. 98–6870 Filed 3–16–98; 8:45 am] [Docket No. 50±298] (information that must be supplied on a BILLING CODE 4510±26±M plant specific basis, and which may Nebraska Public Power District, Notice change from plant to plant), (b) of Consideration of Issuance of identifying plant-specific wording for NATIONAL CREDIT UNION Amendment to Facility Operating system names, etc., and (c) changing ADMINISTRATION License and Opportunity for a Hearing NUREG–1433 section wording to conform to existing licensee practices. Sunshine Act Meeting The U.S. Nuclear Regulatory Such changes are administrative in Commission (the Commission) is nature and do not impact initiators of TIME AND DATE: 10:00 a.m., Thursday, considering issuance of an amendment March 19, 1998. analyzed events or assumed mitigation to Facility Operating License No. DPR– of accident or transient events. PLACE: Board Room, 7th Floor, Room 46, issued to the Nebraska Public Power Relocated changes are those involving 7047, 1775 Duke Street, Alexandria, VA District (NPPD or the licensee), for relocation of requirements and 22314–3428. operation of the Cooper Nuclear Station surveillances for structures, systems, STATUS: Open. (CNS), located in Nemaha County, components, or variables that do not MATTERS TO BE CONSIDERED: Nebraska. meet the criteria for inclusion in TS. 1. Request from Three (3) Federal The proposed amendment, requested Relocated changes are those current TS Credit Unions to Convert to Community by the licensee in a letter dated March requirements that do not satisfy or fall Charters. 27, 1997, would represent a full within any of the four criteria specified 2. Request from a Credit Union to conversion from the current Technical in the Commission’s policy statement Convert Insurance. Specifications (TS) to a set of TS based and may be relocated to appropriate 3. Request from a Corporate Federal on NUREG–1433, ‘‘Standard Technical licensee-controlled documents. Credit Union for a Field of Membership Specifications, General Electric Plants, The licensee’s application of the Amendment. BWR/4,’’ Revision 1, dated April 1995. screening criteria is described in 4. Request from a Corporate Federal NUREG–1433 has been developed Volume 1 of its March 27, 1997, Credit Union for a Wavier from Part 704 through working groups composed of submittal, which is entitled, and a Field of Membership Amendment. both NRC staff members and industry ‘‘Application of Selection Criteria to the 5. Final Amendments to Interpretive representatives and has been endorsed Cooper Nuclear Station Technical Ruling and Policy Statement (IRPS) 94– by the staff as part of an industry-wide Specifications.’’ The affected structures, 1, (Chartering Manual). initiative to standardize and improve systems, components or variables are 6. Final Rule: Amendments to Part the TS. As part of this submittal, the not assumed to be initiators of analyzed 792, Subpart A, NCUA’s Rules and licensee has applied the criteria events and are not assumed to mitigate Regulations, Procedures for Processing contained in the Commission’s ‘‘Final accident or transient events. The Freedom of Information Act Requests Policy Statement on Technical requirements and surveillances for these for NCUA Records. Specification Improvements for Nuclear affected structures, systems, 7. Final Rule: Amendments to Part Power Reactors (Final Policy components, or variables will be 723, NCUA’s Rules and Regulations, Statement),’’ published in the Federal relocated from the TS to Member Business Loans. Register on July 22, 1993 (58 FR 39132), administratively controlled documents RECESS: 11:15 a.m. to the current CNS TS, and, using such as the Updated Safety Analysis NUREG–1433 as a basis, developed a Report (USAR), the TS BASES, The TIME AND DATE: 11:30 a.m., Thursday, proposed set of improved TS for CNS. Technical Requirements Manual (TRM), March 19, 1998. The criteria in the Final Policy the Core Operating Limits Report PLACE: Board Room, 7th Floor, Room Statement were subsequently added to (COLR), the Offsite Dose Assessment 7047, 1775 Duke Street, Alexandria, VA 10 CFR 50.36, ‘‘Technical Manual (ODAM), the Inservice Testing 22314–3428. Specifications,’’ in a rule change that (IST) Program, or other licensee- STATUS: Closed. was published in the Federal Register controlled documents. Changes made to MATTERS TO BE CONSIDERED: on July 19, 1995 (60 FR 36953) and these documents will be made pursuant 1. Three (3) Administrative Actions became effective on August 18, 1995. to 10 CFR 50.59 or other appropriate under Part 704 of NCUA’s Rules and The licensee has categorized the control mechanisms. In addition the Regulations. Closed pursuant to proposed changes to the existing TS into affected structures, systems, exemption (8). four general groupings. These groupings components, or variables are addressed 2. One Administrative Action under are characterized as administrative in existing surveillance procedures that Part 741, NCUA’s Rules and changes, relocated changes, more are also subject to 10 CFR 50.59. These Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13075 proposed changes will not impose or 1. ITS 3.1.8 revises the Scram As required by 10 CFR 2.714, a eliminate any requirements. Discharge Volume Vent and Drain Valve petition for leave to intervene shall set More restrictive changes are those Actions from the corresponding actions forth with particularity the interest of involving more stringent requirements of NUREG–1433, to eliminate the the petitioner in the proceeding, and for operation of the facility. These more restoration requirement if the associated how that interest may be affected by the stringent requirements do not result in line is isolated. results of the proceeding. The petition operation that will alter assumptions 2. ITS 3.5.1 revises the ECCS Allowed should specifically explain the reasons relative to the mitigation of an accident Outage Times from those in the CTS to why intervention should be permitted or transient event. The more restrictive allow continued operation for up to 72 with particular reference to the requirements will not alter the operation hours with certain equipment or following factors: (1) the nature of the of process variables, structures, systems, systems inoperable. petitioner’s right under the Act to be and components described in the safety 3. ITS 3.7.1, 3.7.2, and 3.7.3, would made a party to the proceeding; (2) the analyses. For each requirement in the allow plant operation to continue nature and extent of the petitioner’s current CNS TS that is more restrictive indefinitely with only one pump per property, financial, or other interest in than the corresponding requirement in loop operable for the Residual Heat the proceeding; and (3) the possible NUREG–1433 that the licensee proposes Removal Service Water Booster, the effect of any order which may be to retain in the improved Technical Service Water and the Reactor entered in the proceeding on the Specifications (ITS), they have provided Equipment Cooling (REC) systems, petitioner’s interest. an explanation of why they have based on current analyses. The CTS The petition should also identify the concluded that retaining the more allow continued operation for only 30 specific aspect(s) of the subject matter of restrictive requirement is desirable to days with one pump inoperable; the ITS the proceeding as to which petitioner ensure safe operation of the facility also deviate from the required actions of wishes to intervene. Any person who because of specific design features of the NUREG–1433. has filed a petition for leave to intervene plant. 4. ITS 3.7.2 and 3.7.3 revise the or who has been admitted as a party Less restrictive changes are those Service Water and REC system pump may amend the petition without where current requirements are relaxed and valve testing frequencies from requesting leave of the Board up to 15 or eliminated, or new flexibility is days prior to the first prehearing monthly to quarterly to be consistent provided. The more significant ‘‘less conference scheduled in the proceeding, with ASME Section XI requirements. restrictive’’ requirements are justified on but such an amended petition must Before issuance of the proposed a case-by-case basis. When requirements satisfy the specificity requirements license amendment, the Commission have been shown to provide little or no described above. safety benefit, their removal from the TS will have made findings required by the Not later than 15 days prior to the first may be appropriate. In most cases, Atomic Energy Act of 1954, as amended prehearing conference scheduled in the relaxations previously granted to (the Act) and the Commission’s proceeding, a petitioner shall file a individual plants on a plant-specific regulations. supplement to the petition to intervene basis were the result of (a) generic NRC By April 16, 1998, the licensee may which must include a list of the actions, (b) new NRC staff positions that file a request for a hearing with respect contentions which are sought to be have evolved from technological to issuance of the amendment to the litigated in the matter. Each contention advancements and operating subject facility operating license and must consist of a specific statement of experience, or (c) resolution of the any person whose interest may be the issue of law or fact to be raised or Owners Groups’ comments on the affected by this proceeding and who controverted. In addition, the petitioner Improved Standard Technical wishes to participate as a party in the shall provide a brief explanation of the Specifications. Generic relaxations proceeding must file a written request bases of the contention and a concise contained in NUREG–1433 were for a hearing and a petition for leave to statement of the alleged facts or expert reviewed by the staff and found to be intervene. Requests for a hearing and a opinion which support the contention acceptable because they are consistent petition for leave to intervene shall be and on which the petitioner intends to with current licensing practices and filed in accordance with the rely in proving the contention at the NRC regulations. The licensee’s design Commission’s ‘‘Rules of Practice for hearing. The petitioner must also will be reviewed to determine if the Domestic Licensing Proceedings’’ in 10 provide references to those specific specific design basis and licensing basis CFR Part 2. Interested persons should sources and documents of which the are consistent with the technical basis consult a current copy of 10 CFR 2.714 petitioner is aware and on which the for the model requirements in NUREG– which is available at the Commission’s petitioner intends to rely to establish 1433, thus providing a basis for these Public Document Room, the Gelman those facts or expert opinion. Petitioner revised TS, or if relaxation of the Building, 2120 L Street, NW., must provide sufficient information to requirements in the current TS is Washington, DC, and at the local public show that a genuine dispute exists with warranted based on the justification document room located at the Auburn the applicant on a material issue of law provided by the licensee. Memorial Library, 1810 Courthouse or fact. Contentions shall be limited to These administrative, relocated, more Avenue, Auburn, NE 68305. If a request matters within the scope of the restrictive and less restrictive changes to for a hearing or petition for leave to amendment under consideration. The the requirements of the current TS do intervene is filed by the above date, the contention must be one which, if not result in operations that will alter Commission or an Atomic Safety and proven, would entitle the petitioner to assumptions relative to mitigation of an Licensing Board, designated by the relief. A petitioner who fails to file such analyzed accident or transient event. Commission or by the Chairman of the a supplement which satisfies these In addition to the changes solely Atomic Safety and Licensing Board requirements with respect to at least one involving the conversion, changes are Panel, will rule on the request and/or contention will not be permitted to proposed to the current technical petition; and the Secretary or the participate as a party. specifications or as deviations from the designated Atomic Safety and Licensing Those permitted to intervene become improved GE Technical Specifications Board will issue a notice of hearing or parties to the proceeding, subject to any (NUREG–1433) as follows: an appropriate order. limitations in the order granting leave to 13076 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices intervene, and have the opportunity to NUCLEAR REGULATORY possession of this glass and residual participate fully in the conduct of the COMMISSION contamination incident to decommissioning only. By letter dated hearing, including the opportunity to [Docket No.: 040±07924] present evidence and cross-examine January 22, 1997, Schott informed NRC witnesses. Schott Glass Technologies, Inc., that it had completed the final decommissioning survey of the A request for a hearing or a petition License Termination Request, Opportunity for Hearing and buildings and loading dock, and multi- for leave to intervene must be filed with layered cap of the fill area at their the Secretary of the Commission, U.S. Notification of Public Meeting on Licensee's Termination Request facility located in Duryea. Additional Nuclear Regulatory Commission, information in response to the NRC Washington, DC 20555–0001, Attention: AGENCY: Nuclear Regulatory review of this termination request was Rulemakings and Adjudications Staff, or Commission. submitted on March 31, 1997, may be delivered to the Commission’s ACTION: Notice of intent to terminate the November 25, 1997, and January 21, Public Document Room, the Gelman NRC license for the Schott Glass 1998. Based upon the licensee Building, 2120 L Street, NW., Technologies, Inc. (Schott) facility completing the required remediation Washington, DC, by the above date. A located in Duryea, Pennsylvania, notice actions as represented in the above copy of the petition should also be sent of a public meeting, and notice of documents and the NRC confirmatory to the Office of the General Counsel, opportunity for a hearing for release of inspection report dated March 26, 1997, U.S. Nuclear Regulatory Commission, the site for unrestricted use. NRC concluded that the facility meets Washington, DC 20555–0001, and to Mr. the NRC guidance for releasing the site The U.S. Nuclear Regulatory for unrestricted use. Notwithstanding, John R. McPhail, Nebraska Public Power Commission (NRC) is considering District, Post Office Box 499, Columbus, the Pennsylvania Department of granting the license termination for Environmental Protection (PADEP) NE 68602–0499, attorney for the Source Material License No. STB–988, licensee. required some land-use restrictions as a requested by Schott Glass Technologies, condition of approval of the waste Nontimely filings of petitions for Inc. (the licensee), Duryea, management plan to address the non- leave to intervene, amended petitions, Pennsylvania. The NRC has determined radiological hazardous materials that are supplemental petitions and/or requests that remediation of residual radioactive regulated by PADEP. for hearing will not be entertained contamination, as a result of past The NRC hereby provides notice that absent a determination by the operations with NRC licensed material this is a proceeding on an application Commission, the presiding officer or the in buildings and in exterior areas on the for a license amendment falling within presiding Atomic Safety and Licensing site, has successfully been completed the scope of Subpart L, ‘‘Informal Board that the petition and/or request and the facility meets the NRC Criteria Hearing Procedures for Adjudications in should be granted based upon a for release for unrestricted use, which Materials and Operator Licensing were identified in the ‘‘Action Plan to balancing of the factors specified in 10 Proceedings,’’ of NRC’s rules and Ensure Timely Cleanup of Site CFR 2.714(a)(1)(i)–(v) and 2.714(d). practice for domestic licensing Decommissioning Management Plan proceedings in 10 CFR part 2. Pursuant If a request for a hearing is received, Sites’’ (57 FR 13389–13392, April 16, to § 2.1205(a), any person whose interest the Commission’s staff may issue the 1992). may be affected by this proceeding may amendment after it completes its The NRC hereby provides notice of an file a request for a hearing in accordance technical review and prior to the opportunity to meet with the NRC staff with § 2.1205(c). A request for a hearing completion of any required hearing if it to discuss the following: (1) The must be filed within thirty (30) days of publishes a further notice for public licensee’s site remediation actions and the date of publication of this Federal comment of its proposed finding of no final status survey; (2) the NRC Register Notice. significant hazards consideration in confirmatory inspections including The request for a hearing must be accordance with 10 CFR 50.91 and independent sampling; and (3) the filed with the Office of the Secretary 50.92. proposed action to terminate the license either: and remove the site from the Site For further details with respect to this 1. By delivery to the Docketing and Decommissioning Management Plan Service Branch of the Secretary at One action, see the application for (SDMP). The meeting will be held on amendment dated March 27, 1997, White Flint North, 11555 Rockville March 23, 1998, from 7 to 9 p.m., at Pike, Rockville, MD 20852–2738; or which is available for public inspection Victoria Inns located on Route 315, in 2. By mail or telegram addressed to at the Commission’s Public Document Pittston Township, Pennsylvania. the Secretary, U.S. Nuclear Regulatory Room, the Gelman Building, 2120 L Waste glass materials from Commission, Washington, DC 20555. Street, NW., Washington, DC, and at the manufacturing glass, including thoriated Attention: Docketing and Service local public document room located at glass, which contained thorium Branch. the Auburn Memorial Library, 1810 concentrations that met the NRC In addition to meeting other Courthouse Avenue, Auburn, NE 68305. definition of source material, were applicable requirements of 10 CFR Part Dated at Rockville, Maryland, this 11th day placed in a parabolic-shaped landfill 2 of the NRC’s regulations, a request for of March 1998. area on the licensee’s property from a hearing filed by a person other than 1969 until 1980. Based on the licensee’s For the Nuclear Regulatory Commission. an applicant must describe in detail: site characterization data, the thoriated 1. The interest of the requestor in the James R. Hall, glass volume is approximately 0.01% of proceeding; Senior Project Manager, Project Directorate the fill area. Fixed residual 2. How that interest may be affected IV–1, Division of Reactor Projects III/IV, Office contamination was also identified in by the results of the proceeding, of Nuclear Reactor Regulation. localized areas where the thorium had including the reasons why the requestor [FR Doc. 98–6825 Filed 3–16–98; 8:45 am] been stored and processed in the should be permitted a hearing, with BILLING CODE 7590±01±P manufacturing building. Schott’s particular reference to the factors set out current NRC license authorized in § 2.1205(g); Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13077

3. The requestor’s areas of concern submitted by petitioners, the New the Idaho National Engineering and about the licensing activity that is the England Coalition on Nuclear Pollution, Environmental Laboratory (INEEL). subject matter of the proceeding; and the Citizens Awareness Network, the As part of its overall spent nuclear 4. The circumstances establishing that Nuclear Information and Resource fuel (SNF) management program, the the request for a hearing is timely in Service, and the Franklin Regional DOE has prepared a final programmatic accordance with § 2.1205(c). Council of Governments. The requests In accordance with 10 CFR 2.1205(e), environmental impact statement that were submitted in response to an provides an overview of the spent fuel each request for a hearing must also be amendment request of the Yankee served, by delivering it personally or by management proposed for INEEL, Atomic Electric Company. The NRC has including the construction and mail, to: made a proposed determination that the 1. The licensee, Schott Glass operation of the TMI–2 ISFSI (the DOE amendment involves no significant SNF EIS). In addition, the DOE—Idaho Technologies, Inc, Attention: Thomas hazards consideration. The amendment McDonald, Manager, Environmental and Operations Office (DOE–ID) has considered by the staff is the License prepared an environmental assessment Safety, 400 York Avenue, Duryea, Termination Plan for the Yankee Rowe Pennsylvania 18642; and (EA) to describe the environmental Nuclear Power Station submitted for impacts associated with the stabilization 2. The NRC staff, by delivery to the consideration on May 15, 1997. The of the Test Area North (TAN) storage Executive Director for Operations, One findings of the staff is published in the pool and the construction/operation of White Flint North, 11555 Rockville Federal Register (63 F.R. 4308, 4328). the ISFSI at the Idaho Chemical Pike, Rockville, MD 20852–2738 or by The Board is comprised of the Processing Plant (ICPP). As provided in mail, addressed to the Executive following administrative judges: Director for Operations, U.S. Nuclear NRC’s National Environmental Policy Regulatory Commission, Washington, James P. Gleason, Chairman, Atomic Act (NEPA) procedures outlined in 10 DC 20555. Safety and Licensing Board Panel, CFR Part 51, Appendix A to Subpart A, For further details with respect to this U.S. Nuclear Regulatory Commission, a FEIS of another Federal agency may be action, the application for amendment Washington, D.C. 20555 adopted in whole or in part in request is available for inspection at the Thomas D. Murphy, Atomic Safety and accordance with the procedures NRC’s Public Document Room, 2120 L Licensing Board Panel, U.S. Nuclear outlined in 40 CFR 1506.3 of the Street NW., Washington, DC 20555 or at Regulatory Commission, Washington, regulations of the Council on NRC’s Region I offices located at 475 D.C. 20555 Environmental Quality (CEQ). Under 40 Allendale Road, King of Prussia, PA Dr. Thomas S. Elleman, 704 Davidson CFR 1506.3(b), if the actions covered by 19406. Persons desiring to review Street, Raleigh, NC 27609 the original EIS and the proposed action documents at the Region I Office should All correspondence, documents and are substantially the same, the agency call Ms. Sheryl Villar at (610) 337–5239 other materials shall be filed with the adopting another agency’s statement is several days in advance to assure that Judges in accordance with 10 CFR not required to recirculate it except as the documents will be readily available 2.701. a final statement. for review. Issued at Rockville, Maryland, this 9th day The NRC has determined that its Dated at King of Prussia, Pennsylvania this of March 1998. proposed action of issuing a license 6th day of March 1998. B. Paul Cotter, Jr., authorizing the construction and For the Nuclear Regulatory Commission. Chief Administrative Judge, Atomic Safety operation of the TMI–2 ISFSI is A. Randolph Blough, and Licensing Board Panel. substantially the same as actions Director, Division of Nuclear Materials Safety [FR Doc. 98–6782 Filed 3–16–98; 8:45 am] considered in 2 DOE’s environmental Region I. BILLING CODE 7590±01±P documents referenced above and, [FR Doc. 98–6824 Filed 2–16–98; 8:45 am] therefore, has elected to adopt the DOE BILLING CODE 7590±01±P documents as the NRC FEIS. The NRC NUCLEAR REGULATORY staff has independently reviewed the COMMISSION DOE SNF EIS and the DOE–ID EA to NUCLEAR REGULATORY determine that they are current and that COMMISSION [Docket No. 72±20] NRC NEPA procedures have been satisfied. The format used has been to [Docket No. 50±029±LA; ASLBP No. 98± Notice of Availability of the Final 736±01±LA] excerpt from the DOE NEPA documents Environmental Impact Statement for a description of the proposed action, an Yankee Atomic Electric Company; the U.S. Department of Energy To evaluation of alternative actions, a Establishment of Atomic Safety and Construct and Operate an Independent description of the affected environment, Licensing Board Spent Fuel Storage Installation To and an evaluation of the impacts of both Store the Three Mile Island Unit 2 construction and operation of the ISFSI. Pursuant to delegation by the Spent Fuel at the Idaho National The NRC staff concludes that the facility Commission dated December 29, 1972, Engineering and Environmental can be constructed and operated with published in the Federal Register, 37 Laboratory small and acceptable effects on the F.R. 28710 (1972), and Sections 2.105, public and the existing environment at 2.700, 2.702, 2.714, 2.714a, 2.717, 2.721 Notice is hereby given that the U.S. the INEEL. of the Commission’s Regulations, all as Nuclear Regulatory Commission (the amended, an Atomic Safety and Commission) has published a Final The FEIS is available for public Licensing Board is being established to Environmental Impact Statement (FEIS) inspection and copying at the preside over the following proceeding. (NUREG–1626) regarding the U.S. Commission’s Public Document Room Department Of Energy’s (DOE) proposed at the Gelman Building, 2120 L Street, Yankee Atomic Electric Company, construction and operation of an NW, Washington, DC and at the Local Yankee Nuclear Power Station independent spent fuel storage Reading Room at the INEEL Technical This Board is being established installation (ISFSI) to store the Three Library, 1776 Science Center Drive, pursuant to the requests for hearing Mile Island Unit 2 (TMI–2) spent fuel at Idaho Falls, Idaho. 13078 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

FOR FURTHER INFORMATION, CONTACT: Dr. since publication of the interim policy practices. Such changes are Edward Y. Shum, Spent Fuel Licensing statement and formed the basis for administrative in nature and do not Section, Spent Fuel Project Office, recent revision to 10 CFR 50.36. The affect initiators of analyzed events or Office of Nuclear Material Safety and ‘‘Final Rule’’ (60 FR 36953) codified assumed mitigation of accident or Safeguards, U.S. Nuclear Regulatory criteria for determining the content of transient events. Commission, Washington, DC 20555, technical specifications. To facilitate the 2. Technical changes—relocations are telephone 301–415–8545. development of standard TS, each those changes involving relocation of requirements and surveillances from the Dated at Rockville, Maryland, this 9th day vendor owners’ group (OG) and the NRC of March 1998. staff developed standard TS. The NRC existing TS to licensee-controlled documents, for structures, systems, For the Nuclear Regulatory Commission. Committee to Review Generic Requirements (CRGR) reviewed the STS, components, or variables that do not Charles J. Haughney, made note of its safety merits, and meet the criteria for inclusion in the Acting Director, Spent Fuel Project Office, indicated its support of conversion by Improved Technical Specifications. Office of Nuclear Material Safety and Relocated changes are those existing TS Safeguards. operating plants to the STS. For DAEC, the Standard Technical Specifications requirements that do not satisfy or fall [FR Doc. 98–6780 Filed 3–16–98; 8:45 am] (STS) are NUREG–1433, Revision 1, within any of the four criteria specified BILLING CODE 7590±01±P ‘‘Standard Technical Specifications, in the Commission’s Final Policy General Electric Plants BWR/4,’’ dated Statement and 10 CFR 50.36, and may be relocated to appropriate licensee- NUCLEAR REGULATORY April 1995. This document formed the controlled documents. COMMISSION basis for DAEC Improved TS (ITS) conversion. The licensee’s application of the [Docket No. 50±331] screening criteria is described in Description of the Proposed Change Volume 1 of its October 30, 1996, IES Utilities Inc., Central Iowa Power The proposed revision to the TS is application titled, ‘‘Duane Arnold Cooperative, Corn Belt Power based on NUREG–1433, and on Energy Center Improved Technical Cooperative, and Duane Arnold Energy guidance provided in the Final Policy Specifications Split Report and Center; Environmental Assessment Statement. Its objective is to completely Relocated CTS Pages.’’ The affected and Finding of No Significant Impact rewrite, reformat, and streamline the structures, systems, components, or existing TS. Emphasis is placed on variables are not assumed to be The U.S. Nuclear Regulatory human factors principles to improve initiators of events analyzed in the Commission (the Commission) is clarity and understanding. The Bases Updated Final Safety Analysis Report considering issuance of an amendment section has been significantly expanded (UFSAR) and are not assumed to to Facility Operating License No. DPR– to clarify and better explain the purpose mitigate accident or transient events 49 issued to IES Utilities Inc., (the and foundation of each specification. In analyzed in the UFSAR. The licensee), for operation of the Duane addition to NUREG–1433, portions of requirements and surveillances for these Arnold Energy Center (DAEC), located the existing TS were also used as the affected structures, systems, in Linn County, Iowa. basis for the development of the DAEC components, or variables will be Environmental Assessment ITS. Plant-specific issues (unique design relocated from the existing TS to features, requirements, and operating administratively controlled documents Identification of the Proposed Action practices) were discussed at length with such as the UFSAR, the BASES, or other The proposed amendment will revise the licensee. licensee-controlled documents. Changes the existing Technical Specifications The proposed changes from the made to these documents will be made (TS) in their entirety and incorporate existing TS can be grouped into four pursuant to 10 CFR 50.59 or other the guidance provided in NUREG–1433, general categories. These groupings are appropriate control mechanisms. In Revision 1, ‘‘Standard Technical characterized as administrative changes, addition, the affected structures, Specifications, General Electric Plants technical changes—relocations, systems, components, or variables are BWR/4,’’ dated April 1995. The technical changes—more restrictive, and addressed in existing surveillance proposed action is in accordance with technical changes—less restrictive. They procedures which are also subject to 10 the licensee’s amendment request dated are described as follows: CFR 50.59. October 30, 1996, as supplemented by 1. Administrative changes are those 3. Technical Changes—more letters dated June 10, September 5, 17, that involve restructuring, renumbering, restrictive are those changes that 25, and 30, October 16, November 18 rewording, interpretation, and involve more stringent requirements for and 21, December 8 and 15, 1997, rearranging of requirements and other operation of the facility or eliminate January 2, 5, 12, 22 and 23, and changes not affecting technical content existing flexibility. These more stringent February 10 and 26, 1998. or substantially revising an operational requirements do not result in operation requirement. The reformatting, that will alter assumptions relative to The Need for the Proposed Action renumbering, and rewording processes mitigation of an accident or transient It has been recognized that nuclear reflect the attributes of NUREG–1433 event. Also, other more restrictive safety in all plants would benefit from and do not involve technical changes to technical changes have been made to improvement and standardization of TS. the existing TSs. The proposed changes achieve consistency, correct The ‘‘NRC Interim Policy Statement on include (a) providing the appropriate discrepancies, and remove ambiguities Technical Specification Improvements numbers, etc., for NUREG–1433 from the specification. for Nuclear Power Reactors,’’ (52 FR bracketed information (information that 4. Technical changes—less restrictive 3788) contained proposed criteria for must be supplied on a plant-specific are changes where current requirements defining the scope of technical basis, and which may change from plant are relaxed or eliminated, or new specifications. Later, the ‘‘NRC Final to plant), (b) identifying plant-specific flexibility is provided. The more Policy Statement on TS Improvement wording for system names, etc., and (c) significant ‘‘less restrictive’’ for Nuclear Power Reactors,’’ (58 FR changing NUREG–1433 section wording requirements are justified on a case-by- 39132) incorporated lessons learned to conform to existing licensee case basis. When requirements have Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13079 been shown to provide little or no safety These TS changes will not increase and February 10 and 26, 1998, which benefit, their removal from the ITS may the probability or consequences of are available for public inspection at the be appropriate. In most cases, accidents, no changes are being made in Commission’s Public Document Room, relaxations granted to individual plants the types of any effluents that may be The Gelman Building, 2120 L Street, on a plant-specific basis were the result released offsite, and there is no NW., Washington, D.C. 20555, and at of (a) generic NRC actions, (b) new NRC significant increase in the allowable the local public document room located staff positions that have evolved from individual or cumulative occupational at the Cedar Rapids Public Library, 500 technological advancements and radiation exposure. Therefore, the First Street, SE., Cedar Rapids, IA operating experience, or (c) resolution of Commission concludes that there are no 52401. the Owners Groups’ comments on the significant radiological environmental Dated at Rockville, Maryland, this 11th day ITS. Generic relaxations contained in impacts associated with the proposed of March 1998. NUREG–1433 were reviewed by the staff TS amendments. For the Nuclear Regulatory Commission and found to be acceptable because they With regard to potential Richard J. Laufer, are consistent with current licensing nonradiological impacts, the proposed practices and NRC regulations. amendment involves features located Project Manager, Project Directorate III–3, Division of Reactor Projects III/IV, Office of Environmental Impacts of the Proposed entirely within the restricted area as Nuclear Reactor Regulation. defined in 10 CFR Part 20. They do not Action [FR Doc. 98–6823 Filed 3–16–98; 8:45 am] affect nonradiological plant effluents The Commission has completed its and have no other environmental BILLING CODE 7590±01±P evaluation of the proposed revision to impact. Therefore, the Commission the TS. Changes which are concludes that there are no significant administrative in nature have been NUCLEAR REGULATORY nonradiological environmental impacts COMMISSION found to have no effect on the technical associated with the proposed TS content of the TS and are acceptable. amendments. [Docket Nos. 50±280 and 50±281] The increased clarity and understanding these changes bring to the TS are Alternatives to the Proposed Action Virginia Electric and Power Company; expected to improve the operators’ Since the Commission has concluded Surry Power Station, Environmental control of the plant in normal and there is no measurable environmental Assessment and Finding of No accident conditions. Relocation of impact associated with the proposed Significant Impact requirements to other licensee- amendments, any alternatives with The U.S. Nuclear Regulatory controlled documents does not change equal or greater environmental impact the requirements themselves. Further Commission (the Commission) is need not be evaluated. The principal considering issuance of amendments to changes to these requirements may be alternative to this action would be to made by the licensee under 10 CFR Facility Operating Licenses Nos. DPR– deny the amendment request. Such 32 and DPR–37, issued to Virginia 50.59 or other NRC approved control action would not reduce the mechanisms, which ensures continued Electric and Power Company, (the environmental impact of plant licensee), for operation of the Surry maintenance of adequate requirements. operations. All such relocations have been found to Power Station (SPS) located in Surry be in conformance with the guidelines Alternative Use of Resources County, Virginia. of NUREG–1433 and the Final Policy This action does not involve the use Environmental Assessment Statement, and are, therefore, of any resources not previously Identification of the Proposed Action acceptable. considered in the Final Environmental Changes involving more restrictive Statement for the DAEC. By letter dated November 5, 1997, as requirements have been found to supplemented by letter dated January enhance plant safety and to be Agencies and Persons Consulted 28, 1998, the licensee proposed to acceptable. In accordance with its stated policy, change the technical specifications (TS) Changes involving less restrictive on February 23, 1998, the Commission to allow an increase in fuel enrichment requirements have been reviewed consulted with the Iowa State official, (Uranium 235, U–235) to 4.3 weight individually. When requirements have Ms. Parween Baig, regarding the percent. Surry TS currently limit fuel in been shown to provide little or no safety environmental impact of the proposed the spent fuel pool and reactor to a benefit or to place unnecessary burden action. The State official had no maximum enrichment of 4.1 weight on the licensee, their removal from the comments. percent of U–235. TS was justified. In most cases, relaxations previously granted to Finding of No Significant Impact The Need for the Proposed Action individual plants on a plant-specific Based upon the environmental The licensee intends, in the future, to basis were the result of a generic action, assessment, the Commission concludes use the more highly enriched fuel to or of agreements reached during that the proposed action will not have support longer fuel cycles. Currently, TS discussions with the Owners Groups a significant effect on the quality of the 5.3.A.3 and 5.4.B limit the enrichment and found to be acceptable for DAEC. human environment. Accordingly, the of reload fuel for the reactor core and Generic relaxations contained in Commission has determined not to the spent fuel storage racks to 4.1 weight NUREG–1433 have also been reviewed prepare an environmental impact percent U–235. The amendment is by the NRC staff and have been found statement for the proposed action. needed to give the licensee the to be acceptable. For further details with respect to the flexibility to use more highly enriched In summary, the proposed revisions to proposed action, see the licensee’s fuel to support longer fuel cycles. the TS were found to provide control of application dated October 30, 1996, as plant operations such that reasonable supplemented by letters dated June 10, Environmental Impacts of the Proposed assurance will be provided that the September 5, 17, 25, and 30, October 16, Action health and safety of the public will be November 18 and 21, December 8 and The Commission has completed its adequately protected. 15, 1997, January 2, 5, 12, 22 and 23, evaluation of the proposed revision to 13080 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices the TS and concludes that storage and Alternatives to the Proposed Action NUCLEAR REGULATORY use of fuel enriched with U–235 up to COMMISSION 4.3 weight is acceptable. The safety Since the Commission has concluded considerations associated with higher there is no significant environmental Advisory Committee on Reactor enrichments were evaluated by the NRC impact associated with the proposed Safeguards Subcommittee Meeting on staff and the staff concluded that such action, any alternatives with equal or Advanced Reactor Designs; Meeting changes would not adversely affect greater environmental impact need not The ACRS Subcommittee on plant safety. The proposed changes will be evaluated. As an alternative to the Advanced Reactor Designs will hold a not increase the probability of any proposed action, the staff considered meeting on March 31 and April 1, 1998, accident. The higher enrichment and denial of the proposed action. Denial of Room T–2B3, 11545 Rockville Pike, increased fuel burnup may slightly the application would result in no Rockville, Maryland. change the mix of fission products that change in current environmental Portions of the meeting may be closed might be released in the event of a impacts of plant operation and would to public attendance to discuss serious accident, but such small changes result in reduced operational flexibility. Westinghouse Electric Company would not significantly affect the Alternative Use of Resources safeguards information related to the consequences of accidents. AP600 pursuant to 5 U.S.C. 552b(c)(3). No changes are being made in the This action does not involve the use The agenda for the subject meeting types or quantity of any effluents that of any resources not previously shall be as follows: may be released offsite, no changes are considered in the Final Environmental Tuesday, March 31, 1998—8:30 a.m. being made to the authorized power Statement for the Surry Power Station. until the conclusion of business level, and there is no significant Wednesday, April 1, 1998—8:30 a.m. increase in the allowable individual or Agencies and Persons Consulted until the conclusion of business cumulative occupational radiation The Subcommittee will hear exposure. The environmental impacts of In accordance with its stated policy, discussion with representatives of the transportation resulting from the use of on February 4, 1998, the staff consulted NRC staff and Westinghouse regarding higher enrichment and extended with the Virginia State official, Mr. L. the AP600 Standard Safety Analysis irradiation are discussed in the staff Foldese of the Virginia Department of Report and the draft Final Safety assessment entitled ‘‘NRC Assessment Health, regarding the environmental Evaluation Report Chapters 2, 9, 10, 12, of the Environmental Effects of impact of the proposed action. The State 13, and 15. The purpose of this meeting Transportation Resulting from Extended official had no comments. is to gather information, analyze Fuel Enrichment and Irradiation,’’ dated Finding of No Significant Impact relevant issues and facts, and to July 7, 1988. This assessment was formulate proposed positions and published in the Federal Register on Based upon the environmental actions, as appropriate, for deliberation August 11, 1988 (53 FR 30355) as assessment, the Commission concludes by the full Committee. corrected on August 24, 1988 (53 FR that the proposed action will not have Oral statements may be presented by 32322) in connection with an a significant effect on the quality of the members of the public with the Environmental Assessment and Finding human environment. Accordingly, the concurrence of the Subcommittee of No Significant Impact related to the Commission has determined not to Chairman; written statements will be Shearon Harris Nuclear Power Plant, accepted and made available to the Unit 1. As indicated therein, the prepare an environmental impact statement for the proposed action. Committee. Electronic recordings will environmental cost contribution of an be permitted only during those portions increase in fuel enrichment of up to 5 For further details with respect to the of the meeting that are open to the weight percent U–235 and irradiation proposed action, see the licensee’s letter public, and questions may be asked only limits of up to 60 gigawatt days per dated November 5, 1997, as by members of the Subcommittee, its metric ton (GWD/MT) are either supplemented by letter dated January consultants, and staff. Persons desiring unchanged, or may in fact be reduced 28, 1998, which are available for public to make oral statements should notify from those summarized in Table S–4 as inspection at the Commission’s Public the cognizant ACRS staff engineer set forth in 10 CFR 51.52(c). These Document Room, The Gelman Building, named below five days prior to the findings are applicable to these 2120 L Street, NW., Washington, DC, meeting, if possible, so that appropriate proposed amendments for Surry Power and at the local public document room arrangements can be made. Station, Units 1 and 2, given that the located at The Swem Library, College of During the initial portion of the proposal involves less than 5% William and Mary, Williamsburg, meeting, the Subcommittee, along with enrichment and burnup of less than 60 Virginia 23185. any of its consultants who may be GWD/MT. Accordingly, the Commission present, may exchange preliminary concludes that this proposed action Dated at Rockville, Maryland, this day of views regarding matters to be would result in no significant 1998. considered during the balance of the radiological environmental impact. For the Nuclear Regulatory Commission. meeting. With regard to potential Gordon E. Edison, Sr., The Subcommittee will then hear nonradiological impacts, the proposed Project Manager, Project Directorate II–1, presentations by and hold discussions action involves features located entirely Division of Reactor Projects—I/II, Office of with representatives of the NRC staff, within the restricted area as defined in Nuclear Reactor Regulation. Westinghouse Electric, their consultants 10 CFR Part 20. It does not affect [FR Doc. 98–6781 Filed 3–16–98; 8:45 am] and other interested persons regarding nonradiological plant effluents and has BILLING CODE 7590±01±P this review. no other environmental impact. Further information regarding topics Accordingly, the Commission concludes to be discussed, whether the meeting that there are no significant has been canceled or rescheduled, the nonradiological environmental impacts scheduling of sessions which are open associated with the proposed action. to the public, the Chairman’s ruling on Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13081 requests for the opportunity to present receiving this Commission meeting inspection program to ensure that oral statements and the time allotted schedule electronically, please send an advisers are in compliance with rule therefor can be obtained by contacting electronic message to [email protected] or 206(3)–2. The information is also used the cognizant ACRS staff engineer, Mr. [email protected]. by clients. Without the information Noel F. Dudley (telephone 301/415– Dated: March 12, 1998. collected under the rule, the 6888) between 7:30 a.m. and 4:15 p.m. Commission would be less efficient and William M. Hill, Jr., (EST). Persons planning to attend this effective in its inspection program and meeting are urged to contact the above SECY Tracking Officer, Office of the clients would not have information Secretary. named individual one or two working valuable for monitoring the adviser’s [FR Doc. 98–6984 Filed 3–13–98; 11:40 am] days prior to the meeting to be advised handling of their accounts. BILLING CODE 7590±01±M of any potential changes to the agenda, The Commission estimates that etc., that may have occurred. approximately 233 respondents utilize Dated: March 10, 1998. the rule annually, necessitating about SECURITIES AND EXCHANGE 122 responses per respondent each year, Medhat El-Zeftawy, COMMISSION Acting Chief, Nuclear Reactors Branch. for a total of 28,426 responses. Each [FR Doc. 98–6783 Filed 3–16–98; 8:45 am] Submission for OMB Review; response requires about .5 hours, for a total of 14,213 hours. BILLING CODE 7590±01±P Comment Request These collections of information are Extension: Rule 206(3)–2 SEC File No. found at 17 CFR 275.206(3)–2 and are NUCLEAR REGULATORY 270–216 OMB Control No. 3235–0243 necessary in order for the investment COMMISSION Upon Written Request, Copies adviser to obtain the benefits of rule Available From: Securities and 206(3)–2. Commission-registered Sunshine Act Meeting Exchange Commission, Office of Filings investment advisers are required to and Information Services, Washington, maintain and preserve certain AGENCY HOLDING THE MEETING: Nuclear DC 20549. Regulatory Commission. information required under rule 206(3)– Notice is hereby given that pursuant 2 for five years. The long-term retention DATE: Thursday, March 19, 1998. to the Paperwork Reduction Act of 1995 of these records is necessary for the PLACE: Commissioners’ Conference (44 U.S.C. 3501 et seq.), the Securities Commission’s inspection program to Room, 11555 Rockville Pike, Rockville, and Exchange Commission ascertain compliance with the Maryland. (‘‘Commission’’) has submitted to the Investment Advisers Act. STATUS: Public. Office of Management and Budget a The estimated average burden hours MATTERS TO BE CONSIDERED: request for extension of the previously approved collections of information are made solely for the purposes of the Thursday, March 19—Tentative discussed below. Paperwork Reduction Act and are not derived from a comprehensive or even 2:30 p.m. Rule 206(3)–2 permits investment advisers to comply with section 206(3) representative survey or study of the Affirmation Session (Public Meeting) cost of Commission rules and forms. a. Petition for Commission Review of of the Investment Advisers Act of 1940 Director’s Decision on Paducah by obtaining a blanket consent from a An agency may not conduct or Seismic Upgrades Certificate client to enter into agency cross sponsor, and a person is not required to Amendment Request transactions, provided that certain respond to, a collection of information * The schedule for Commission disclosures are made to the client. The unless it displays a currently valid meetings is subject to change on short information requirements of the rule control number. notice. To verify the status of meetings consist of the following: (1) Prior to General comments regarding the call (recording)—(301) 415–1292. obtaining the client’s consent above information should be directed to Contact person for more information: appropriate disclosure must be made to the following persons: (i) Desk Officer Bill Hill (301) 415–1661. the client as to the practice of, and the for the Securities and Exchange conflicts of interest involved in, agency * * * * * Commission, Office of Information and cross transactions; (2) at or before the Regulatory Affairs, Office of The NRC Commission Meeting completion of any such transaction the Schedule can be found on the Internet Management and Budget, Room 3208, client must be furnished with a written New Executive Office Building, at: http://www.nrc.gov/SECY/smj/ confirmation containing specified schedule.htm Washington, D.C. 20503; and (ii) information and offering to furnish Michael E. Bartell, Associate Executive * * * * * upon request certain additional Director, Office of Information This notice is distributed by mail to information; and (3) at least annually, Technology, Securities and Exchange several hundred subscribers; if you no the client must be furnished with a Commission, 450 5th Street, N.W., longer wish to receive it, or would like written statement or summary as to the Washington, DC 20549. Comments must to be added to it, please contact the total number of transactions during the be submitted to OMB within 30 days of Office of the Secretary, Attn: Operations period covered by the consent and the this notice. Branch, Washington, DC 20555 (301– total amount of commissions received 415–1661). by the adviser or its affiliated broker- Dated: March 4, 1998. * * * * * dealer attributable to such transactions. Margaret H. McFarland, In addition, distribution of this The information required by rule Deputy Secretary. meeting notice over the Internet system 206(3)–2 is used by the Commission in [FR Doc. 98–6764 Filed 3–16–98; 8:45 am] is available. If you are interested in connection with its investment adviser BILLING CODE 8010±01±M 13082 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

SECURITIES AND EXCHANGE of such broker or dealer under a lien for and the rules and regulations COMMISSION a loan made to such broker or dealer.7 thereunder. Accordingly, under the HEDGE system’s It is therefore ordered, pursuant to [Release No. 34±39738; File No. SR±OCC± Section 19(b)(2) of the Act, that the 97±11] account segregation rules, a clearing member that desires to lend stock must proposed rule change (File No. SR– Self-Regulatory Organizations; The (1) first determine whether the stock is OCC–97–11) be and hereby is approved. Options Clearing Corporation; Order a customer or proprietary security and For the Commission by the Division of Approving Proposing Rule Change (2) carry out the loan through its OCC Market Regulation, pursuant to delegated Relating to the Stock Loan/Hedge customers’ account (or where permitted authority.10 System through its OCC marketmaker’s account) Margaret H. McFarland, if the stock is a customer security. Deputy Secretary. March 10, 1998. [FR Doc. 98–6766 Filed 3–16–98; 8:45 am] On July 11, 1997, The Options OCC has determined that there is no Clearing Corporation (‘‘OCC’’) filed with legal reason for OCC’s by-laws to treat BILLING CODE 8010±01±M the Securities and Exchange stock loans under the HEDGE system as Commission (‘‘Commission’’) a hypothecations. Therefore, OCC has concluded that it may eliminate the SECURITIES AND EXCHANGE proposed rule change (File No. SR– COMMISSION OCC–97–11) pursuant to Section HEDGE system’s account segregation 19(b)(1) of the Securities Exchange Act requirements for stock loans without [Release No. 34±39742; File No. SR±Phlx± of 1934 (‘‘Act’’).1 Notice of the proposal violating or causing its clearing 97±62] was published in the Federal Regiser on members to violate the Commission’s Self-Regulatory Organizations: Notice December 9, 1997.2 No comment letters hypothecation rules. of Filing of Proposed Rule Change by were received. For the reasons II. Discussion the Philadelphia Stock Exchange, Inc. discussed below, the Commission is granting approval of the proposed rule Section 17A(b)(3)(F) of the Act 8 To Amend Its By-Law Article X, change. requires that the rules of a clearing Sections 10±16, 10±17 and 10±19 To agency be designed to remove Require That Each of Its Trading Floor I. Description impediments to and perfect the Committees Consult With Its OCC’s stock loan/hedge system mechanism of the national system for Corresponding Quality of Markets (‘‘HEDGE system’’) is a clearing system the prompt and accurate clearance and Committee on All Matters of Policy and for stock loans between OCC clearing settlement of securities transactions. For All Matters That Are To Be Presented members.3 The rule change amends the reasons discussed below, the to the Board OCC’s by-laws governing the HEDGE Commission believes that OCC’s rule March 11, 1998. system to eliminate the requirements change relating to the HEDGE system is Pursuant to Section 19(b)(1) of the with respect to the accounts in which consistent with OCC’s obligations under Securities Exchange Act of 1934 stock loan positions must be Section 17A(b)(3)(F). (‘‘Act’’).1 notice is hereby given that on maintained. OCC’s by-laws that govern the HEDGE The Commission is satisfied with December 29, 1997, the Philadelphia system 4 currently treat stock loans as if OCC’s determination that it is not Stock Exchange, Inc. (‘‘Phlx’’ or they were pledges of loaned securities obligated to treat stock loans carried out ‘‘Exchange’’) filed with the Securities subject to the Commission’s through the HEDGE system as if they and Exchange Commission (‘‘SEC’’ or hypothecation rules.5 The were pledges of loaned securities ‘‘Commission’’) the proposed rule hypothecation rules limit the subject to the Commission’s changed as described in Items, I, II, and circumstances under which a broker- hypothecation rules. The Commission III below, which Items have been dealer may pledge securities carried for believes that the rule change should prepared by the self-regulatory 2 the account of any customer 6 and increase the use of OCC’s HEDGE organization. The Commission is specifically prohibit broker-dealers from system which should in turn help to publishing this notice to solicit pledging securities carried for the improve the efficiency and safety of comments on the proposed rule change account of any customer under stock lending transactions. Accordingly, from interested persons. the Commission believes that the rule circumstances that will permit such I. Self-Regulatory Organization’s change should enable OCC to remove securities to be commingled with Statement of the Terms of Substance of impediments to and to help perfect the securities carried for the account of any the Proposed Rule Change person other than a bona fide customer mechanism of the national system for the prompt and accurate clearance and The Phlx hereby proposes to amend its By-Law Article X, Sections 10–16, 1 15 U.S.C. 78s(b)(1). settlement of securities transactions. 2 10–17 and 10–19 so that each of its Securities Exchange Act Release No. 39386 III. Conclusion (December 2, 1997), 62 FR 64902 (December 9, respective trading floor standing 1997). On the basis of the foregoing, the 3 For a complete description of the HEDGE 10 17 CFR 200.30–3(a)(12). system, refer to Securities Exchange Act Release No. Commission finds that the proposed 1 15 U.S.C. 78s(b)(1). 32638 (July 15, 1993), 58 FR 39254 (July 22, 1993) rule change is consistent with the 2 A technical amendment, Amendment No. 1, was [File No. SR–OCC–92–34] (order approving requirements of the Act and in filed with the Commission on March 10, 1998. It proposed rule change establishing HEDGE system). particular with Section 17A of the Act 9 amended By-Law Article X, Sections 10–17 to 4 OCC By-Laws, Article XXI, Section 5. require that the Foreign Currency Options 5 17 CFR 240.8c–1 and 240.15c2–1. Committee (‘‘Committee’’) consult with the Foreign 6 For purposes of the hypothecation rules, the 7 17 CFR 240.15c2–1(a)(2). See also 17 CFR Currency Options Trading Floor’s Quality of term ‘‘customer’’ includes registered broker-dealers 240.8c–1(a)(2) (providing the same requirements as Markets Committee on ‘‘all’’ matters which are to so long as they are not affiliated in specified ways Rules 15c2–(1)(a)(2) except that its scope is limited be presented to the Phlx Board of Governors by the with the broker-dealer effecting the pledge. 17 CFR to exchange members and brokers and dealers that Committee, consistent with proposed amendments 240.8c—1(b)(1), 240.15c2–1(b)(1). References to transact business through exchange members). to Section 10–16 and 10–19. The qualifying term customers’’ and ‘‘non-customers’’ herein are based 8 15 U.S.C. 78q–1(b)(3)(F). ‘‘all’’ was unintentionally left out of the initial filing on the definition in the hypothecation rules. 9 15 U.S.C. 78q–1. provisions relating to Section 10–17. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13083 committees shall consult with its system, as well as to protect investors Margaret H. McFarland, corresponding quality of markets and the public interest. Deputy Secretary. committee on all matters which are to B. Self-Regulatory Organization’s [FR Doc. 98–6762 Filed 3–16–98; 8:45 am] be presented to the Board of Governors. BILLING CODE 8010±01±M The text of the proposed rule change Statement on Burden on Competition is set forth in full in Exhibit B to the The Phlx does not believe that the filing. proposed rule change will impose any SECURITIES AND EXCHANGE inappropriate burden on competition. II. Self-Regulatory Organization’s COMMISSION Statement of the Purpose of, and C. Self-Regulatory Organization’s [Release No. 34±39740; File No. SR±Phlx± Statutory Basis for, the Proposed Rule Statement on Comments on the 98±10] Change Proposed Rule Change Received From Members, Participants or Others Self-Regulatory Organizations; Notice In its filing with the Commission, the of Filing of Proposed Rule Change by self-regulatory organization included No written comments were either the Philadelphia Stock Exchange, Inc. statements concerning the purpose of solicited or received. Relating to Automatic Price and basis for the proposed rule change. III. Date of Effectiveness of the Improvement for Certain PACE Orders The text of these statements may be Proposed Rule Change and Timing for examined at the places specified in Item March 10, 1998. Commission Action IV below. The self-regulatory Pursuant to Section 19(b)(1) of the organization has prepared summaries, Within 35 days of the date of Securities Exchange Act of 1934 set forth in sections A, B and C below, publication of this notice in the Federal (‘‘Act’’),1 and Rule 19b–4 thereunder,2 of the most significant aspects of such Register or within such longer period (i) notice is hereby given that on, February statements. as the Commission may designate up to 10, 1998, the Philadelphia Stock 90 days of such date if it finds such Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) A. Self-Regulatory Organization’s longer period to be appropriate and filed with the Securities and Exchange Statement of the Purpose of, and publishes its reasons for so finding or Commission (‘‘SEC’’ or ‘‘Commission’’) Statutory Basis for, the Proposed Rule (ii) as to which the Phlx consents, the the proposed rule change as described Change Commission will: in Items I, II, and III below, which Items Phlx By-Law Article X, Sections 10– (A) By order approve such proposed have been prepared by the self- 16, 10–17 and 10–19 set forth the rule change, or regulatory organization. The charters of the Exchange’s various (B) Institute proceedings to determine Commission is publishing this notice to trading floor standing committees. The whether the proposed rule change solicit comments on the proposed rule proposed amendments specify that each should be disapproved. change from interested persons. of the trading floor standing committees IV. Solicitation of Comments I. Self-Regulatory Organization’s shall consult with its respective quality Statement of the Terms of Substance of of markets on all matters of policy and Interested persons are invited to the Proposed Rule Change all matters which are to be presented to submit written data, views and the Board of Governors. The proposed arguments concerning the foregoing, The Phlx, pursuant to Rule 19b–4 of amendments are intended to foster including whether the submission is the Act, proposes to amend Rule 229, sharing of views on policy and other consistent with the Act. Persons making Philadelphia Stock Exchange Automatic matters between the various trading written submissions should file six Communication and Execution floor standing committees (Floor copies thereof with the Secretary, (‘‘PACE’’) System,3 Supplementary Procedure, Foreign Currency Options Securities and Exchange Commission, Material .07(c), Double-up/Double-down and Options) and corresponding quality 450 Fifth Street, N.W., Washington, DC Situations, to adopt a new automatic of markets committees. The intended 20549. Copies of the submission, all price improvement initiative for PACE sharing of views on all policy matters is subsequent amendments, all written orders. Specifically, specialists could designed to bring the perspectives of the statements with respect to the proposed voluntarily choose to provide automatic non-industry representatives of the rule change that are filed with the price improvement of 1⁄16 to eligible various quality of markets committees to Commission, and all written orders where the PACE Quote 4 is 1⁄8 or matters that may be referred to the communications relating to the greater, or 3⁄16 or greater. Eligible orders Board of Governors by the various proposed rule change between the would be automatically executable trading floor standing committees. Commission and any person, other than market and marketable limit orders 5 in The proposed rule change is those that may be withheld from the New York Stock Exchange or American consistent with Section 6 of the Act 3 in public in accordance with the general, and in particular, with Section provisions of 5 U.S.C. 552, will be 1 15 U.S.C. 78s(b)(1). 6(b)(5) 4 in that it is designed to promote available for inspection and copying in 2 17 CFR 240.19b–4. just and equitable principles of trade, the Commission’s Public Reference 3 PACE is the Exchange’s automatic order routing Room, 450 Fifth Street, N.W., and execution system for securities on the equity prevent fraudulent and manipulative trading floor. acts and practices, to foster cooperation Washington, D.C. 20549. Copies of such 4 The PACE Quote consists of the best bid/offer and coordination with persons engaged filing will also be available for among the American, Boston, Cincinnati, Chicago, in regulating, clearing, settling, inspection and copying at the principal New York, Pacific and Philadelphia Stock office of Phlx. All submissions should Exchanges as well as the Intermarket Trading processing information with respect to, System/Computer Assisted Execution System and facilitating transactions in refer to File No. SR–Phlx–97–62 and (‘‘ITS/CAES’’). See Phlx Rule 229. securities, to remove impediments to should be submitted by April 7, 1998. 5 A market order is an order to buy or sell a stated and perfect the mechanism of a free and For the Commission, by the Division of amount of a security at the best price obtainable open market and national market Market Regulation, pursuant to delegated when the order is received. A marketable limit 5 order is an order to buy or sell a stated amount of authority. a security at a specified price, which is received at 3 15 U.S.C. 78f. a time when the market is trading at or better than 4 15 U.S.C. 78f(b)(5). 5 17 CFR 200.30–3(a)(12). the specified price. 13084 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

Stock Exchange listed securities specialist elects to provide automatic proposing to retitle Rule 229.07(c) as received through PACE beginning at price improvement, they must further ‘‘Price Improvement for PACE Orders.’’ 9:45 A.M., in sizes of 599 shares or less determine whether to price improve in Further, the Exchange is proposing to (or the specialist’s higher automatic 1⁄8 or greater markets, or 3⁄16 or greater delete the term ‘‘double-up/double- execution guarantee size). markets.10 Necessarily, specialists who down’’ when paired with automatic However, the proposed automatic choose price improvements in 1⁄8 wide price improvement throughout the Rule price improvement feature would not markets automatically agree to price to reflect that automatic price price improve in certain situations. improve in 3⁄16 or greater markets. improvement will no longer be limited First, where a buy order would be However, although choosing automatic to double-up/double-down situations. improved to a price less than the last price improvement in 3⁄16 or greater The definition of a double-up/double- sale or a sell order would be improved markets obviously does not trigger down situation is thus being moved to a price higher than the last sale, the automatic price improvement in 1⁄8 wide from Rule 229.07(c)(i)(A) to (c)(ii). The order is not eligible for automatic price markets, the manual double-up/down language relating to 1⁄4 wide markets is improvement, and is, instead, price protection provision may be also proposed to be deleted and automatically executed at the PACE triggered, such that eligible orders replaced with the specialist’s choice of 1 Quote. Similarly, where a buy order would be stopped in ⁄8 wide markets; 3⁄16 or 1⁄8 as the minimum market width would be improved to the last sale price in this situation, no automatic price to activate automatic price which is a down tick, or where a sell improvement would be given, even in improvement; furthermore, price 11 order would be improved to the last sale double-up/down situations. improvement of 1⁄8 will be replaced with price which is an up tick, the order is Although the proposed automatic 1⁄16. The language creating an exception also not eligible for automatic price price improvement proposal will be to automatic double-up/double-down improvement, and is, instead, voluntary, all specialists will still be price improvement better than the last automatically executed at the PACE required to provide manual double-up/ sale will be deleted and replaced with Quote. double-down tick price protection to reference to the two situations where an Certain limitations regarding eligible orders (1⁄8 markets. This feature order would not receive the new, automatic price improvement are provides that eligible orders will be proposed automatic price improvement; similar to the current double-up/double- stopped at the PACE Quote when 6 such orders would be automatically down program. For instance, odd-lot received for an opportunity for price executed at the PACE Quote. Lastly, orders would not be eligible for the improvement. Automatically executable Rule 229.10(a) would be amended to proposed automatic price market orders not eligible for double- 7 cover marketable limit orders. improvement. Nor would it be up/down price protection will continue The text of the proposed rule change available where the execution price to be stopped for the 30 second POES is available at the Office of the before or after the application of window, and then automatically Secretary, CBOE and at the Commission. automatic price improvement would be executed.12 outside of the primary market high/low The new automatic price II. Self-Regulatory Organization’s range of the day. Further, only improvement feature will replace the Statement of the Purpose of, and automatically executable orders would current automatic double-up/double- Statutory Basis for, the Proposed Rule be eligible for automatic price down price improvement feature of Rule Change 8 improvement. 229.07(c)(i). Thus, the Exchange is In its filing with the Commission, the Under the proposal, specialists may self-regulatory organization included choose whether to participate in this feature stops orders to provide an opportunity statements concerning the purpose of automatic price improvement, as for manual price improvement in double-up/down and basis for the proposed rule change situations. opposed to the mandatory manual and discussed any comments it received double-up/double-down price 10 The specialist’s choice to provide automatic 1 3 on the proposed rule change. The text protection of Rule 229.07(c)(ii).9 If a price improvement, select ⁄8 or ⁄16 markets, establish an order size maximum and switch of these statements may be examined at between the automatic and manual features may be the places specified in Item IV below. 6 Securities Exchange Act Release No. 39548 changed, effective the next day. Member (January 13, 1998), 63 FR 3596 (January 23, 1998) organizations entering PACE orders would be The self-regulatory organization has (‘‘Double-Up/Double-Down Order’’). notified of such changes. prepared summaries, set forth in 7 The paragraph concerning odd-lots is being 11 A double-up/double-down situation is defined Sections A, B, and C below, of the most moved from Rule 229.07(c)(i)(B) to (c)(i)(C). as a trade that would be at least: (i) 1⁄4 (up or down) significant aspects of such statements. Respecting manual price protection, odd-lot orders from the last regular way sale on the primary are specifically addressed in Rule 229.07(c)(ii). market: or (ii) 1⁄4 from the regular way sale that was A. Self-Regulatory Organization’s 8 For example, orders exceeding the specialist’s the previous intra-day change on the primary Statement of the Purpose of, and automatic execution guarantee size would not be market. Statutory Basis for, the Proposed Rule eligible, because the feature depends on 12 See Phlx Rule 229.05 and Securities Exchange automatically improving orders guaranteed a Act Release No. 39275 (October 8, 1997), 62 FR Change certain automatic execution price. 54147 (October 17, 1997) (SR–Phlx–97–32). Rule 9 Specifically, where the specialist does not agree 229.05 provides that round-lot markets orders up to 1. Purpose to provide automatic double-up/down price 500 shares and partial round-lot (‘‘PRL’’) market As stated above, PACE is the improvement in a security, in any instance where orders of up to 599 shares, which combine a round- Exchange’s automated order routing and the bid/ask of the PACE Quote is more than 1⁄8, lot with an odd-lot, are stopped at the PACE Quote beginning at 9:45 A.M., the specialist must provide at the time of their entry into PACE (‘‘Stop-Price’’) execution system on the equity trading manual double-up/down price protection to all for a 30 second delay to provide the specialist with floor. PACE accepts orders for automatic customers and all eligible orders in a security. The an opportunity to effect price improvement when or manual execution in accordance with manual double-up/down price protection feature the spread between the PACE Quote exceeds 1⁄8 of causes eligible market and marketable limit orders a point. This feature is known as the Public Order the provisions of Rule 229, which of 599 shares or less in New York Stock Exchange Exposure System (‘‘POES’’) window. Further, governs the PACE System and defines or American Stock Exchange listed securities market orders for more than 599 shares that a its objectives and parameters. The PACE received through PACE in double-up/down specialist voluntarily has agreed to execute Rule establishes execution parameters situations to be stopped at the PACE Quote at the automatically also are entitled to participation in time of entry into PACE. Manual double-up/down POES. If orders eligible for POES are not executed for orders depending on type (market or price protection does not provide an automatic within the POES 30 second window, the order is limit), size and the guarantees offered by execution or automatic price improvement. Instead, automatically executed at the Stop Price. specialists. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13085

Currently, paragraph (c)(i), Automatic Buy executed at 1⁄8 Buy improved to 1⁄8 Double-up/Double-down Price Sell improved to 1⁄16 Sell executed at 23 Improvement, states that where the 3 16 23–23 ⁄ 23–231⁄4 specialist voluntarily agrees to provide LS 23+ or ¥ automatic double-up/double-down price LS1⁄8+or¥ Buy improved to 1⁄8 improvements to all customers and all Buy improved to 3⁄16 Sell executed at 23 eligible orders in a security, in any Sell improved to 1⁄16 instance where the bid/ask of the PACE 23–233⁄16 3 These exceptions are intended to Quote is 1⁄4 or greater, market and LS ⁄16+ or ¥ marketable limit orders in New York Buy executed at 3⁄16 cover situations where automatic price Stock Exchange or American Stock Sell improved to 1⁄16 improvement may not be appropriate in Exchange listed securities received This is similar to the current light of overall market conditions. In through PACE in double-up/double- exception from automatic double-up/ this regard, the Exchange does not down situations for 599 shares or less double-down price improvement; 14 believe it is customary or appropriate to shall be provided with automatic price however, currently, where an provide price improvement over the last improvement of 1⁄8, beginning at 9:45 improvemed price would be better than sale price, or, in every case, to the last A.M. A specialist may also voluntarily the last sale, the order would be stopped sale price. Price improvement generally agree to provide automatic double-up/ at the PACE Quote when received. takes the form of stopping orders, where double-down price improvement to Under this proposal, the order would be the next sale price can benefit the larger orders in a particular security to automatically executed at the PACE stopped order; the last sale price also all customers under this provision. Quote when received. serves as a measure against the stop 15 As a further effort to champion the Second, where a buy order would be price. Despite these exceptions to principle of best execution, the improved to the last sale price which is automatic price improvement under this Exchange is proposing a more a down tick, or where a sell order would proposal, the Exchange believes that comprehensive automatic price be improved to the last sale price which automatic price improvement would be improvement initiative. Specifically, is an up tick, the order is also not afforded in a meaningful way, 1 considering the wider breadth of eligible specialists could choose to provide ⁄16 eligible for automatic price automatic price improvement to eligible improvement, and is, instead, orders. orders in 1⁄8 or greater markets, or 3⁄16 or automatically executed at the PACE This proposal would result in greater markets. Thus, as compared to Quote. The following are examples of automatic price improvement of 1⁄16, as the current automatic price the exception to automatic price opposed to the current automatic improvement feature for double-up/ improvement respecting improvement double-up/double-down price double-down situations which is to the last sale: improvement, which provides for 1⁄8 limited to 1⁄4 wide markets or greater, price improvement. Although the 23–231⁄8 the universe of orders eligible for the amount of automatic price improvement LS 1⁄16¥ proposed feature would be expanded. will be less under the proposal for a Buy executed at 1⁄8 Further, the proposal involves particular order, the number of orders Sell improved to 1⁄16 automatic price improvement without receiving price improvement of 1⁄16 23–231⁄8 requiring a double-up/double-down should increase, as explained above. LS 1⁄16+ 1 16 situation. This again expands the 1 Price improvement of ⁄ recognizes Buy improved to ⁄16 1 benefits of price improvement to a larger Sell executed at 23 that ⁄16 is the current minimum trading increment for PACE issues on the universe of eligible orders. 3 Nevertheless, automatic price 23–23 ⁄16 Exchange’s equity trading floor.16 Thus, 1 improvement would not occur in two LS ⁄8¥ it reflects the reality of today’s 3 situations. First, automatic price Buy executed at ⁄16 marketplace, including other price improvement would not occur to a price Sell improved to 1⁄16 improvement initiatives in the industry. better than the last sale. More 23–233⁄16 Because the proposal would provide specifically, where a buy order would LS 1⁄8+ automatic price improvement, no POES be improved to a price less than the last Buy improved to 1⁄8 window would occur, similar to the sale or a sell order would be improved Sell improved to 1⁄16 current automatic double-up/double- to a price higher than the last sale, the 17 23–233⁄16 down price improvement provision. order is not eligible for automatic price 1 Instead, an automatic execution occurs LS ⁄16 ¥ improvement, and is, instead, at an improved price, with no window, Buy improved to 1⁄8 automatically executed at the PACE timer or delay. Orders not eligible for Sell improved to 1⁄16 Quote. The following are examples 13 of automatic price improvement due to the 3 this exception (not improving over the 23–23 ⁄16 two exceptions relating to the last sale last sale):¥ LS 1⁄16+ price are automatically executed at the 23–231⁄8 PACE Quote and not subject to the 14 ¥ See Securities Exchange Act Release No. 39640 LS 23+ or (February 10, 1998), 63 FR 8510 (February 19, 1 Buy improved to ⁄16 1998), which creates an exception where such price 15 In this regard, the Exchange notes that Sell executed at 23 improvement would be better than the last sale automatic price improvement on the Chicago Stock 1 price (for instance, a buy order would be improved Exchange (‘‘CHX’’) does not consist of price 23–23 ⁄8 improvement over the last sale. See CHX Article 1 to a price less than the last sale or a sell order LS ⁄8+ or ¥ would be improved to a price higher than the last XX, Rule 37. sale); pursuant to this exception, such orders are 16 See Phlx Rule 125. 13 These examples consist of the PACE Quote, the stopped by the specialist at the PACE Quote when 17 See Double-Up/Double-Down Order, supra last sale price with an up or down tick indicator, received, meaning that the order is guaranteed to note 6, at note 10 and Securities Exchange Act and the price at which a buy and sell order, receive at least that price by the end of the trading Release No. 39640 (February 10, 1998), 63 FR 8510 respectively, would be executed. day. (February 19, 1998). 13086 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

POES delay. Where an order is member organizations,20 who may enhance intermarket competition and otherwise not eligible for the proposed continue to prefer a prompt execution order execution quality.23 automatic price improvement, the POES over the opportunity for price The Exchange also believes that the window may apply. improvement. Failure to elect will result proposal is consistent with Section Automatic price improvement will in the activation of the double-up/ 11A 24 of the Act, and paragraph (a)(1) 25 not occur where the execution price double-down feature for that User. thereunder, which encourages the use of before or after the application of Specialists continue to determine new data processing and automatic price improvement would be whether to provide automatic price communication techniques that create outside the primary market high/low improvement in a particular security. the opportunity for more efficient and range for the day, if so elected by the The extraordinary circumstances effective market operations. entering member organization. This provision currently in the Rule would Specifically, the proposal is consistent limitation currently appears in Rule also apply to the new feature, such that with the public interest and investor 229.07(c)(i)(C), and has applied to both automatic price improvement may be protection purposes of Section 11A, in automatic double-up/double-down price disengaged in a security or floor-wide in that it should assure the practicability of improvement and manual double-up/ extraordinary circumstances with the executing customer orders in the best double-down price protection. approval of two Floor Officials. In market as well as an opportunity for Similarly, pursuant to paragraph (c)(iii), addition to fast market conditions, for investors’ orders being executed without the provision that member organizations purposes of this paragraph, the participation of a dealer. entering orders may elect to participate extraordinary circumstances also B. Self-Regulatory Organization’s in manual double-up/double-down include systems malfunctions and other Statement on Burden on Competition price protection continues to apply. circumstances that limit the Exchange’s However, member organizations will ability to receive, disseminate or update The Exchange does not believe that the proposed rule change will impose not have the ability to elect the market quotations in a timely and any inappropriate burden on proposed automatic price improvement accurate manner. competition. feature. The Exchange has determined that, as Currently, both the automatic double- with many PACE features and C. Self-Regulatory Organization’s up/double-down price improvement participation in the PACE System itself, Statement on Comments on the and manual price protection features are automatic price improvement should be Proposed Rule Change Received From jointly subject to the entering firm’s made available on a voluntary, symbol- Members, Participants, or Others election.18 As a result, electing these by-symbol basis, so that specialists can No written comments were either features where the specialist has not determine which securities are suitable solicited or received. chosen automatic double-up/double- for the program.21 The availability of a down price improvement in that price improvement feature benefits the III. Date of Effectiveness of the security may currently cause a firm’s specialist function, especially in high- Proposed Rule Change and Timing for orders to be stopped. Thus, firms who volume securities, where stopping Commission Action do not want their orders stopped orders and manual intervention are Within 35 days of the publication of because they prefer a prompt execution time-consuming, delay execution and this notice in the Federal Register or can currently elect out of both features. do not necessarily result in price within such longer period (i) as the Once automatic price improvement is improvement. The proposed feature Commission may designate up to 90 no longer limited to double-up/double- triggers a superior result—an immediate days of such date if it finds such longer down situations, the election for automatic execution, with no specialist period to be appropriate and publishes automatic price improvement will end, intervention or delay. its reason for so finding or (ii) as to because the reason for allowing a firm’s which the self-regulatory organization 2. Statutory Basis choice will no longer exist. Under this consents, the Commission will: proposal, firms electing out of manual The Exchange represents that the (A) by order approve the proposed price protection could nevertheless proposed rule change is consistent with rule change, or receive automatic price improvement. Section 6(b)(5) of the Act 22 in that it is (B) institute proceedings to determine For instance, where a specialist designed to promote just and equitable whether the proposed rule change switches from manual to automatic principles of trade, remove should be disapproved. price improvement for a security, the impediments to and perfect the IV. Solicitation of Comments automatic feature would be activated mechanism of a free and open market even for firms that elected out of the and a national market system, as well as Interested persons are invited to manual feature. This proposal results in to protect investors and the public submit written data, views, and an assumption, and thus requirement, interest by providing an opportunity for arguments concerning the foregoing, that all entering firms accept automatic automatic price improvement to eligible including whether the proposed rule price improvement from a participating orders. In approving the existing price change is consistent with the Act. specialist.19 improvement/protection program, the Persons making written submissions The Exchange notes that the manual Commission noted that price should file six copies thereof with the double-up/double-down price improvement opportunities may Secretary, Securities and Exchange protection provision, which is Commission, 450 Fifth Street, N.W., mandatory for specialists, will continue 20 A firm’s election continues to apply to all Phlx Washington, D.C. 20549. Copies of the to be subject to an election by entering stocks, not security-by-security. submission, all subsequent 21 Some securities are not appropriate for amendments, all written statements automatic price improvement due to, for instance, with respect to the proposed rule 18 This election must be made for all Phlx stocks, liquidity, trading patterns and volatility situations not security-by-security. See Double-Up/Double- rendering it unfair for specialists to afford price Down Order, supra note 6, at note 22. improvement automatically and then manage the 23 See Double-Up/Double-Down Order, supra 19 The Exchange believes that it is typical of resulting positions. See Double-Up/Double-Down note, 6. competitors’ automatic price improvement Order, supra note 6, at note 11. 24 15 U.S.C. 78k–1. initiatives not to allow an opt-out. 22 15 U.S.C. 78f(b)(5). 25 15 U.S.C. 78k–1(a)(1). Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13087 change that are filed with the Commission is publishing this notice to rulings issued pursuant to Floor Commission, and all written solicit comments on the proposed rule Procedure Advices are reviewable communications relating to the change from interested persons. pursuant to PHLX Rule 970. All other proposed rule change between the floor officials’ rulings are reviewable I. Self-Regulatory Organization’s Commission and any person, other than pursuant to proposed PHLX Rule Statement of the Terms of Substance of those that may be withheld from the 124(d), which addresses trading the Proposed Rule Change public in accordance with the disputes. Among other things, the provisions of 5 U.S.C. 552, will be The PHLX proposes to amend its rules proposed Advices contain a conflict of available for inspection and copying at by (1) replacing the current text of PHLX interest provision which states that a the Commission’s Public Reference Rule 124, ‘‘Disputes,’’ with new text; floor official should not render a Room. Copies of such filing will also be and (2) adopting Floor Procedure decision or authorize a citation where available for inspection and copying at Advice (‘‘Advice’’) F–27, ‘‘Floor Official the floor official was involved in or the principal office of the Exchange. All Rulings—Options’’ and Advice F–27, affected by the dispute, or in any submissions should refer to File No. ‘‘Floor Official Rulings—Equity,’’ situation where the floor official is not SR–Phlx–98–10 and should be (together, the ‘‘Advices’’), which able to objectively and fairly render a submitted by April 7, 1998. incorporate and expand upon the decision. The conflict of interest For the Commission, by the Division of provisions of proposed PHLX Rule 124 provision applies to all rulings by floor Market Regulation, pursuant to delegated and will appear in the PHLX’s Floor officials. authority.26 Procedure Advice Handbook. Proposed Copies of the proposed rule change Margaret H. McFarland, PHLX Rule 124(a) will allow floor are available at the Office of the Deputy Secretary. officials to resolve trading disputes Secretary, PHLX, and at the [FR Doc. 98–6763 Filed 3–16–98; 8:45 am] occurring on and relating to the trading Commission. BILLING CODE 8010±01±M floor if the dispute is not settled by agreement between the interested II. Self-Regulatory Organization’s members or by a vote of members with Statement of the Purpose of, and Statutory Basis for, the Proposed Rule SECURITIES AND EXCHANGE knowledge of the transaction. In Change COMMISSION resolving trading disputes, a floor official may direct the execution of an In its filing with the Commission, the [Release No. 34±39741; File No. SR±PHLX± PHLX included statements concerning 98±03] order on the floor or adjust the transaction terms or participants to an the purpose of and basis for the Self-Regulatory Organizations; Notice executed order. In addition, two floor proposed rule change and discussed any of Filing of Proposed Rule Change and officials may nullify a transaction under comments it received on the proposed Amendment No. 1 to the Proposed certain circumstances.3 Proposed PHLX rule change. The text of these statements Rule Change by the Philadelphia Stock Rule 124(b) states that all floor official may be examined at the places specified Exchange, Inc., Relating to Disputes rulings, including rulings made in Item IV below. The PHLX has and Floor Official Rulings pursuant to PHLX Rule 60, prepared summaries, set forth in ‘‘Assessments for Breach of Sections A, B, and C below, of the most March 11, 1998. Regulations,’’ and pursuant to the significant aspects of such statements. Pursuant to Section 19(b)(1) of the PHLX’s minor rule violation A. Self-Regulatory Organization’s Securities Exchange Act of 1934 enforcement and reporting plan (‘‘minor Statement of the Purpose of, and (‘‘Act’’),1 notice is hereby given that on rule plan’’),4 are effective immediately Statutory Basis for, the Proposed Rule January 22, 1998, the Philadelphia Stock and must be complied with promptly. Change Exchange, Inc. (‘‘PHLX’’ or ‘‘Exchange’’) Proposed PHLX Rule 124(c) states that filed with the Securities and Exchange floor officials’ rulings issued pursuant to 1. Purpose Commission (‘‘SEC’’ or ‘‘Commission’’) the PHLX’s Order and Decorum The PHLX proposes to codify its the proposed rule change as described Regulations are reviewable pursuant to procedures regarding floor officials’ in Items I, II, and III below, which Items PHLX Rule 60, and floor officials’ rulings by replacing the current text of have been prepared by the PHLX.2 The PHLX Rule 124 with a new PHLX Rule Outside Best Bid and Offer;’’ 119, ‘‘Precedence of 26 17 CFR 200.30–3(a)(12). Highest Bid;’’ 120, ‘‘Precedence of Offers at Same 124 and adopting two Advices, which 1 15 U.S.C. 78s(b)(1). Price;’’ 126, ‘‘ ‘Crossing’ Orders;’’ 203, ‘‘Agreement will be published in the PHLX’s Floor 2 On March 3, 1998, the PHLX amended the of Specialists;’’ 218, ‘‘Customer’s Order Receives Procedure Advice handbook. filing. See Letter from Linda S. Christie, Counsel Priority;’’ 229, ‘‘Philadelphia Stock Exchange PHLX Rule 124, as amended, will: (1) PHLX, to Yvonne Fraticelli Attorney, Office of Automated Communication and Execution System State that trading disputes not settled by Market Supervision, Division of Market Regulation, (PACE);’’ 232, ‘‘Handling Orders When the Primary Commission, dated March 3, 1998 (‘‘Amendment Market is Not Open for Free Trading (EXP, PPS, the trading crowd may be referred to a No. 1’’). In Amendment No. 1, the PHLX modified GTX Orders);’’ or 455; ‘‘Short Sales.’’ Originally, PHLX floor official, define a floor the text of proposed PHLX Rule 124 to indicate that proposed PHLX Rule 124 stated that a floor official official’s duties, and establish two options floor officials (rather than one floor may nullify an executed order on the Exchange procedures for reviewing floor officials’ official) may nullify a transaction if they determine floor. However, two proposed Floor Procedure that the transaction violated any of the following Advices submitted as part of the proposal indicated rulings in connection with trading PHLX Rules: 1014, ‘‘Obligations and Restrictions that nullification of a transaction requires action by disputes; and (2) require prompt Applicable to Specialists and ROTs;’’ 1015, two floor officials. Amendment No. 1 makes the text compliance with all rulings by floor ‘‘Quotation Guarantees;’’ 1017, ‘‘Priority and Parity of proposed PHLX Rule 124 consistent with the two officials and establish a conflict of at Openings in Options;’’ 1033, ‘‘Bids and Offers— proposed Floor Procedure Advices by indicating Premium;’’ or 1080, ‘‘PHLX Automated Options that two floor officials, rather than one floor official, interest procedure applicable to all Market (AUTOM) and Automatic Execution System may nullify a transaction if the floor officials rulings by floor officials. (AUTO–X).’’ The amendment also states that two determine that the transaction violated one of the Proposed PHLX Rule 124(a) provides equity floor officials (rather than one floor official) PHLX rules enumerated in the proposed Floor that disputes occurring on and relating may nullify a transaction if they determine that the Procedure Advices. transaction violated any of the following PHLX 3 See Amendment No. 1, supra note 2. to the trading floor, if not settled by Rules: 110, ‘‘Bids and Offers—Precedence;’’ 111, 4 See PHLX Rule 970, ‘‘Floor Procedure Advice: agreement between the interested ‘‘Bids and Offers Binding;’’ 118, ‘‘Bids and Offers Violations, Penalties, and Procedures.’’ members, shall be settled, if practicable, 13088 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices by vote of the members knowing of the members cannot be convened promptly. Best Bid and Offer;’’ 119, ‘‘Precedence transaction; if not so settled, the With respect to equity trading, floor of Highest Bid;’’ 120, ‘‘Precedence of disputes shall be settled by a floor officials’ ruling are reviewable by a Offers at Same Price,’’ 126, ‘‘Crossing’’ official summoned to the trading crowd. minimum of three members of the Floor Orders;’’ 203, ‘‘Agreement of In resolving trading disputes, floor Procedure Committee, or the Specialists;’’ 218, ‘‘Customer’s Order officials may institute the course of Chairperson of the Floor Procedure Receives Priority;’’ 229, ‘‘Philadelphia action deemed to be most fair to all Committee (or his designee) if three Stock Exchange Automated parties under the circumstances at the members cannot be convened promptly. Communication and Execution System time. A floor official may direct the This will be the designated Review (PACE);’’ 232, ‘‘Handling Orders When execution of an order on the floor or Panel for floor officials’ rulings. the Primary Market is Not Open for Free adjust the transaction terms or Proposed PHLX Rule 124(d) also Trading (EXP, PPS, GTX Orders);’’ or participants to an executed order. In allows the Exchange to establish the 455, ‘‘Short Sales.’’ addition, two floor officials may nullify procedures for the submission of a With respect to option or FCO trading, an executed order on the floor under request for a review of a floor official’s two floor officials may nullify a certain circumstances.5 The proposed ruling. Floor officials’ rulings may be transaction if they determine the Advices state that floor officials need sustained, overturned, or modified by a transaction violated any of the following not render decisions unless the request majority vote of the Review Panel PHLX Rules: 1014, ‘‘Obligations and for a ruling is made within a reasonable members present. In making the Restrictions Applicable to Specialists period of time. determination, the Review Panel may and ROTs;’’ 1015, ‘‘Quotation Proposed PHLX Rule 124(b) states consider facts and circumstances not Guarantees;’’ 1017, ‘‘Priority and Parity that all rulings rendered by floor available to the ruling floor official as at Openings in Options,’’ 1033, ‘‘Bids officials are effective immediately and well as action taken by the parties in and Offers-Premium;’’ or 1080, ‘‘PHLX must be complied with promptly. reliance on the floor official’s ruling Automated Options Market (AUTOM) Failure to comply promptly with a (e.g., cover, hedge, and related trading and Automatic Execution System ruling concerning a trading dispute may activity). Decisions of the Review Panel (AUTO–X).’’ result in a referral to the PHLX’s are final and may be appealed to the The proposed Advices note that floor Business Conduct Committee (‘‘BCC’’). PHLX’s Board of Governors as a final officials’ rulings may be appealed and Failure to comply with floor officials’ decision of the standing floor committee that requests for such review must be rulings issued pursuant to the PHLX’s delegating such power, pursuant to submitted to the Director of the PHLX’s Order and Decorum Regulations (PHLX PHLX By-Law Article XI, ‘‘Appeals.’’ Market Surveillance Department (or his In codifying proposed PHLX Rule Rule 60), or pursuant to Floor Procedure designee) within 15 minutes from the 124, the proposed Advices contain Advices (PHLX Rule 970), and not time the contested ruling was rendered. many of the same provisions as the concerning a trading dispute, may result The reviewing committee shall in an additional violation of that proposed rule. In addition, the proposed endeavor to meet on the matter as soon regulation or Floor Procedure Advice. Advices state that a floor official should as practicable after notice of a request For example, a first violation due to not render a decision or authorize a for a review of the floor official’s ruling. disorderly conduct that does not cease citation where the floor official is not Neither floor officials’ rulings or reviews promptly after the violation is issued by able to objectively and fairly render a of floor officials’ rulings preclude a a floor official would result in a second decision. Floor officials are empowered person from seeking redress from the violation, also for disorderly conduct. to render rulings on the trading floor to 6 Proposed PHLX Rule 124(c) identifies resolve trading disputes occurring on Exchange’s arbitration facilities. the procedures for review of floor and respecting activities on the trading In summary, the PHLX’s proposal officials’ rulings. Specifically, proposed floor. Floor officials shall endeavor to be consists of amendments to PHLX Rule PHLX Rule 124(c) states that floor prompt in rendering decisions. 124 and the adoption of two versions of officials’ rulings issued under the However, in any instance where a floor Advice F–27, one for equity trading and PHLX’s Order and Decorum Regulations official has determined that the benefits one for options and FCO trading. The are reviewable pursuant to PHLX Rule of further discovery as to the facts and text of proposed Advice F–27, 60. Floor officials’ rulings issued under circumstances of any matter under applicable to the equity floor varies Floor Procedure Advices are reviewable review outweigh the monetary risks of slightly from that dealing with options pursuant to PHLX Rule 970. All other a delayed ruling, the floor official may in that it contains references to specific floor officials’ rulings, including those determine to delay rendering the ruling equity, as opposed to option, trading regarding trading disputes, are until such time as that further discovery rules. The proposed Advices will appear reviewable pursuant to the procedures is completed. In issuing decisions for in the Exchange’s Floor Procedure established in proposed PHLX Rule the resolution of trading disputes, floor Advice handbook, although no fine 124(d). officials shall institute the course of schedule will apply. The trading floor Under proposed PHLX Rule 124(d), action deemed by the ruling floor membership will be notified of these floor officials’ rulings for options and official to be most fair to all parties procedures by way of a memorandum foreign currency option (‘‘FCO’’) trading under the circumstances at the time. and the proposal will take effect upon are reviewable by a minimum of three The proposed Advices also state that notice to the membership. members of the appropriate a floor official may direct the execution Current PHLX Rule 124 provides that Subcommittee on Rules and Rulings, a of an order on the floor, or adjust the disputes arising on bids or offers, if not subcommittee of the standing floor transaction terms or participants to an settled by agreement between the committee, which shall be empowered executed order on the floor. However, interested members, shall be settled, if by the standing floor committee to two equity floor officials may nullify a practicable, by votes of the members review such rulings, or the Chairperson transaction if they determine that the knowing of the transaction; if not so of the standing committee (or his transaction violated any of the following settled, the disputes will be settled by designee) if three Subcommittee PHLX Rules: 110, ‘‘Bids and Offers— the appropriate floor standing Precedence;’’ 111, ‘‘Bids and Offers 5 See Amendment No. 1, supra note 2. Binding;’’ 118, ‘‘Bids and Offers Outside 6 See PHLX Rule 950, ‘‘Arbitration.’’ Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13089 committee,7 whose authority to settle governing disputes. For the same rulings also is consistent with Section disputes derives from the Exchange’s reason, the PHLX proposes to adopt the 6(b)(6) of the Act as well as due process By-Laws.8 In practice, the FCO Advices, so that the procedures for principles in that its members and Committee and the Options Committee handling trading disputes and other associated persons shall be have delegated this authority to their rulings will appear in the Exchange’s appropriately disciplined for violations respective Subcommittees on Rules and Floor Procedure Advice handbook.11 of PHLX rules, in accordance with the Rulings, and, further, to the floor In codifying the role of floor officials proposed procedures respecting floor officials who comprise those and the procedure for issuing rulings, officials’ rulings. In addition, floor subcommittees.9 For equity trading, the including the ability of floor officials to officials’ rulings may be appealed to a Floor Procedure Committee, the adjust, direct or nullify trades, the Review Panel, and, thereafter, to the standing committee, continues to settle proposal also codifies the use of certain PHLX’s Board of Governors, consistent disputes and the floor officials for that standing floor committees’ with PHLX By-Law XI, which trading floor are Floor Procedure Subcommittees on Rules and Rulings, authorizes appeals from standing Committee members. comprised of floor officials, to review committee decisions. Currently, when a dispute arises in a floor officials’ trading dispute decisions, B. Self-Regulatory Organization’s trading crowd, a floor official may be as explained above. The procedure for Statement on Burden on Competition summoned to resolve it. If a party to the review of floor officials’ rulings also is dispute disagrees with a floor official’s enumerated, including a 15-minute The PHLX does not believe that the resolution, that party may request a deadline for requesting a review and a proposed rule change will impose any review of the floor official’s ruling. guideline that the review take place as inappropriate burden on competition. PHLX floor officials also may authorize soon as practicable.12 With respect to citations for violations of Floor C. Self-Regulatory Organization’s the ability of two floor officials to Statement on Comments on the Procedure Advices pursuant to the nullify trades, the Exchange believes PHLX’s minor rule plan.10 In addition, Proposed Rule Change Received From that listing specific rules should guide Members, Participants, or Others floor officials may impose assessments floor officials in deciding which for violations of the Exchange’s Order situations warrant this measure.13 Thus, No comments were solicited or and Decorum Regulations. Thus, the two versions of Advice F–27 are received. PHLX’s proposal covers all floor official proposed, one for the options and FCO III. Date of Effectiveness of the decisions, whether pertaining to Floor floors and one for the equity floor, each Proposed Rule Change and Timing for Procedure Advices, Order and Decorum specifically listing the rules that may Commission Action Regulations, or trading disputes in trigger the need to nullify a trade. These Within 35 days of the date of general, except that the review process, rules predominately pertain to trading set forth in proposed PHLX Rule 124(d), publication of this notice in the Federal procedures and parity/priority Register or within such longer period (i) pertains only to trading disputes. The principles. review process for violations of the as the Commission may designate up to Floor Procedure Advices pursuant to 2. Statutory Basis 90 days of such date if it finds such longer period to be appropriate and PHLX Rule 970 involves the PHLX’s The PHLX believes that the proposed publishes its reasons for so finding or BCC Rule 60 governs the review process rule change is consistent with Section 6 (ii) as to which the self-regulatory for violations of the PHLX’s Regulations of the Act, in general, and, in particular, organization consents, the Commission of Order and Decorum. with Section 6(b)(5), in that it is will by order approve such proposed The PHLX proposes to amend PHLX designed to promote just and equitable Rule 124 to incorporate the dispute rule change, or institute proceedings to principles of trade, prevent fraudulent procedures and the role of floor officials determine whether the proposed rule and manipulative acts and practices, expressly into the rule to enable change should be disapproved. and protect investors and the public interested persons to refer directly to the interest. Specifically, the PHLX believes IV. Solicitation of Comments Exchange’s rule book for the provisions that the codification of the procedures Interested persons are invited to respecting floor officials’ rulings should 7 The appropriate floor standing committee for submit written data, views, and the equity floor is the Floor Procedure Committee; promote fairness, certainty, and arguments concerning the foregoing, the appropriate floor standing committee for the integrity in the process of resolving including whether the proposed rule equity options and index options floor is the disputes. The Exchange believes that the Options Committee; and the appropriate floor change is consistent with the Act. standing committee for the FCO floor is the FCO proposal concerning floor officials’ Persons making written submission’s Committee. should file six copies thereof with the 11 8 See PHLX By-Law Article X, ‘‘Standing The PHLX proposes no fine schedule for the Secretary, Securities and Exchange Committees,’’ Sections 10–16, ‘‘Floor Procedure proposed Advices such that the Exchange’s minor Committee;’’ 10–17, ‘‘FCO Committee;’’ and 10–19, rule plan is not impacted at this time. Commission, 450 Fifth Street, NW., ‘‘Options Committee.’’ 12 The PHLX notes that these deadlines would Washington, DC, 20549. Copies of the 9 The authority to establish sub-committees apply to the extent practicable under the submission, all subsequent appears in paragraph (b) of PHLX By-Law X, circumstances, particularly if convening a Review amendments, all written statements Panel proves to be difficult due to the time of day, Section 10–3, ‘‘Proceedings of Special and Standing with respect to the proposed rule Committees.’’ heavy trading volume, or scheduling conflicts. In 10 The PHLX’s minor rule plan, codified in PHLX addition, respecting options trading, for example, change that are filed with the Rule 970, contains Floor Procedure Advices with the obligations respecting the maintenance of a fair Commission, and all written accompanying fine schedules. Rule 19d–1(c)(2) and orderly market contained in PHLX Rule 1014, communications relating to the including market liquidity, as well as the due under the Act authorizes national securities proposed rule change between the exchanges to adopt minor rule violation plans for diligence requirements of PHLX Rule 1063 summary discipline and abbreviated reporting. Rule applicable to floor brokers, may prevail over the Commission and any person, other than 19d–1(c)(1) under the Act requires prompt filing obligation of a floor official to provide a ruling or those that may be withheld from the with the Commission of any final disciplinary attend a review. public in accordance with the 13 action. However, minor rule violations not The Exchange notes that the ability to nullify provisions of 5 U.S.C. 552, will be exceeding $2,500 are deemed not final, thereby a transaction is similar to CBOE Rule 6.20, permitting periodic, as opposed to immediate, ‘‘Admission to and Conduct on the Trading Floor,’’ available for inspection and copying in reporting. Interpretation and Policy .05. the Commission’s Public Reference 13090 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

Room. Copies of such filing will also be agencies to maintain adequate records of comment period soliciting comments available for inspection and copying at acquisition and relocation activities was published on October 21, 1997 [FR the principal office of the PHLX. All under the Act. In addition, the Federal 62, 54679]. submissions should refer to File No. Highway Administration requires the 52 DATES: Comments must be submitted on SR–PHLX–98–03 and should be state highway agencies carrying out the or before April 16, 1998. submitted by April 7, 1998. Federal-aid highway program to report FOR FURTHER INFORMATION CONTACT: For the Commission, by the Division of their Uniform Act acquisition and Market Regulation, pursuant to delegated relocation activities once every third Barbara Davis, U.S. Coast Guard, Office authority.14 year. The latest ICR authorizing burden of Information Management, telephone Margaret H. McFarland, hours for these activities has expired. (202) 267–2326. Deputy Secretary. Therefore, the Department of SUPPLEMENTARY INFORMATION: [FR Doc. 98–6765 Filed 3–16–98; 8:45 am] Transportation is seeking emergency clearance to reinstate approval to collect United States Coast Guard BILLING CODE 8010±01±M the afore-mentioned information. Title: Carriage of Bulk Solids Estimated Annual Burden Hours: Requiring Special Handling. 29,000 hours. DEPARTMENT OF TRANSPORTATION Send comments to the Office of OMB No.: 2115–0100. Information and Regulatory Affairs, Form(s): N/A Office of the Secretary Office of Management and Budget, 725– Affected Public: Solid Bulk Cargo Reports, Forms and Recordkeeping 17th Street, NW., Washington, DC Vessel/Barge Owners or Operators. Requirements Agency Information 20503, Attention DOT Desk Officer. Abstract: The information required to Collection Activity Under OMB Review Comments are invited on: Whether be submitted when applying for a the proposed collection of information Special Permit allows the Coast Guard AGENCY: Office of the Secretary, DOT. is necessary for the proper performance to make a determination as to the ACTION: Notice. of the functions of the Department, severity of the hazard posed by the including whether the information will material, allows specific guidelines for SUMMARY: In accordance with the have practical utility; the accuracy of Paperwork Reduction Act of 1995 (44 safe carriage, or if determined that the the Department’s estimate of the burden material presents too great a hazard, to U.S.C. Chapter 3501, et seq.) this notice of the proposed information collection; announces that the Department of deny permission for shipping the ways to enhance the quality, utility and material. The U.S. Coast Guard Transportation has submitted an clarity of the information to be emergency processing public administers and enforces laws and collected; and ways to minimize the regulations for the safe transportation information collection request (ICR) to burden of the collection of information the Office of Management and Budget and stowage of hazardous materials, on respondents, including the use of including bulk solids. Under 46 CFR (OMB) for review and clearance under automated collection techniques or the Paperwork Reduction Act of 1995 part 148, the Coast Guard has the other forms of information technology. authority to issue Special Permits for (Pub. L. 104–113, 44 U.S.C. Chapter 35). A comment to OMB is best assured of transportation and stowage of hazardous OMB approval has been requested by having its full effect if OMB receives it material on board vessels. March 31, 1998. The ICR abstracted within 30 days of publication. below describes the nature of the Burden Estimate: The estimated Issued in Washington, DC, on March 11, burden is 575 hours annually. information collection and it’s burden. 1998. DATES: Comments on this notice must be Phillip A. Leach, Addressee: Send comments to the Office of Information and Regulatory received on or before April 17, 1998. Clearance Officer, United States Department FOR FURTHER INFORMATION CONTACT: Mr. of Transportation. Affairs, Office of Management and Budget, 725–17th Street, NW., Marshall Schy, Federal Highway [FR Doc. 98–6886 Filed 3–16–98; 8:45 am] Washington, DC 20503, Attention USCG Administration (HRE–10); Department BILLING CODE 4910±62±P of Transportation, 400 Seventh St. SW., Desk Officer. Washington, DC 20590 at (202) 366– A comment to OMB is best assured of 2035. DEPARTMENT OF TRANSPORTATION having its full effect if OMB receives it SUPPLEMENTARY INFORMATION: within 30 days of publication. Office of the Secretary Comments are invited on: The need Office of the Secretary for the proposed collection of Reports, Forms and Recordkeeping Title: Uniform Relocation Assistance information for the proper performance Requirements Agency Information and Real Property Acquisition of the functions of the agency, including Collection Activity Under OMB Review Regulations for Federal and Federally whether the information will have Assisted Programs. AGENCY: Office of the Secretary, DOT. practical utility; the accuracy of the OMB Control Number: 2105–0508. ACTION: Notice. agency’s estimate of the burden of the Affected Public: Federal, State, and proposed collection of information Local government; individuals, SUMMARY: In compliance with the including the validity of the households, businesses, farms, not-for- Paperwork Reduction Act (44 U.S.C. methodology and assumptions used; profit institutions. 3501 et seq.), this notice announces that ways to enhance the quality, utility, and Abstract: The regulations the Information Collection Request (ICR) clarity of the information to be implementing the Uniform Relocation abstracted below has been forwarded to collected; and ways to minimize the Assistance and Real Property the Office of Management and Budget burden of the collection of information Acquisition Policies Act of 1970, as (OMB) for review and approval. The ICR on those who are to respond, including amended (49 CFR 24.9), require covered describes the nature of the information the use of appropriate automated, collection and its expected burden. The electronic, mechanical, or other 14 17 CFR 200.30–3(a)(12). Federal Register Notice with a 60-day technological collection techniques. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13091

Issued in Washington, DC, on March 11, Abstract: The Secretary of DEPARTMENT OF TRANSPORTATION 1998. Transportation is authorized to register Phillip A. Leach, for-hire motor carriers of regulated Office of the Secretary Clearance Officer, U.S. Department of commodities under the provisions of 49 Reports, Forms and Recordkeeping Transportation. U.S.C. 13902, surface freight forwarders Requirements Agency Information [FR Doc. 98–6887 Filed 3–16–98; 8:45 am] under the provisions of 49 U.S.C. 13903, Collection Activity Under OMB Review BILLING CODE 4910±62±P and property brokers under the provisions of 49 U.S.C. 13904. These AGENCY: Office of the Secretary, DOT. persons may conduct transportation ACTION DEPARTMENT OF TRANSPORTATION : Notice and request for services only if they are registered. 49 comments. Office of the Secretary U.S.C. 13901. Authority pertaining to these registrations has been delegated to SUMMARY: In compliance with the Reports, Forms and Recordkeeping the FHWA, and related regulations are Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice Requirements Agency Information found at 49 CFR part 365. Forms announces that the Information Collection Activity Under OMB Review OP–1 (for motor property carriers and Collection (ICR) abstracted below has AGENCY: Office of the Secretary, DOT. brokers), OP–1(P) (for motor passenger been forwarded to the Office of ACTION: Notice. carriers), and OP–1(FF) (for freight Management and Budget (OMB) for forwarders) are used to apply for review and comment. The ICR describes SUMMARY: In compliance with the registration with the FHWA. The forms the nature of the information collection Paperwork Reduction Act of 1995 (44 all ask for limited information on the and its expected burden. The Federal U.S.C. 3501 et seq.), this notice applicant’s identity, location, familiarity Register Notice with a 60-day comment announces that the Information with safety requirements, and type of period soliciting comments on the Collection Request (ICR) abstracted proposed operations. Minor differences following collection of information was below has been forwarded to the Office in each form reflect specific statutory published on December 10, 1997, [62 FR of Management and Budget (OMB) for standards for registration of the different 65123]. review and comment. The ICR describes types of transportation entities. the nature of the information collection DATES: Comments must be submitted on and its expected burden. The Federal Estimated Total Annual Burden: The or before April 16, 1998. Register Notice with a 60-day comment estimated total annual burden is 36,000 FOR FURTHER INFORMATION CONTACT: period soliciting comments on the hours. Judith Street, ABC–100; Federal following collection of information was Aviation Administration; 800 ADDRESSES: Send comments to the published on January 2, 1998 [6 FR Independence Avenue, SW.; Office of Information and Regulatory 123]. Washington, DC 20591; Telephone Affairs, Office of Management and DATES: number (202) 267–9895. Comments must be submitted on Budget, 725–17th Street, NW., or before April 16, 1998. SUPPLEMENTARY INFORMATION: Washington, DC 20503, Attention FOR FURTHER INFORMATION CONTACT: Mr. FHWA Desk Officer. Federal Aviation Administration (FAA) Thomas Vining, Office of Motor Carrier Information Analysis, (202) 358–7028, Comments are invited on: Whether Title: Office of Rulemaking Request Federal Highway Administration, the proposed collection of information for Evaluation of Customer Standards Department of Transportation, 400 is necessary for the proper performance Survey. Seventh Street, SW., Washington, DC of the functions of the Department, OMB Control Number: 2120–0623. 20590. Office hours are from 7:45 a.m. including whether the information will Type of Request: Extension of to 4:15 p.m., E.T., Monday through have practical utility; the accuracy of currently approved collection. Affected Public: 325 individuals/ Friday, except Federal holidays. the Department’s estimate of the burden businesses who have applied for Electronic Availability: An electronic of the proposed information collection; exemptions. copy of this document may be ways to enhance the quality, utility and downloaded using a modem and Abstract: This information is being clarity of the information to be conducted to comply with the Executive suitable communications software from collected; and ways to minimize the the Federal Register electronic bulletin Order 12862, Setting Customer Service burden of the collection of information Standards. The information will be used board service (telephone number: 202– on respondents, including the use of 512–1661). Internet users may reach the to evaluate agency performance in the automated collection techniques or area of response to exemptions. The Federal Register’s WWW site at: other forms of information technology. http://www.access.gpo.gov/su--docs A comment to OMB is best assured of the information will be conducted anonymously. SUPPLEMENTARY INFORMATION: having its full effect if OMB receives it within 30 days of publishing in the Annual Estimated Burden Hours: 81 Federal Highway Administration Federal Register. hours. (FHWA) ADDRESSES: Send comments to the Issued in Washington, DC, on March 9, Office of Information and Regulatory Title: Revision of Licensing 1998. Application Forms, Application Affairs, Office of Management and Phillip A. Leach, Procedures, and Corresponding Budget, 725–17th Street, NW., Regulations. Clearance Officer, United States Department Washington, DC 20503, Attention FAA OMB Number: 2125–0568. of Transportation. Desk Officer. Type Request: Extension of a [FR Doc. 98–6888 Filed 3–16–98; 8:45 am] Comments are invited on: Whether currently approved collection. BILLING CODE 4910±62±P the proposed collection of information Form(s): OP–1, OP–1(P), OP–1(FF). is necessary for the proper performance Affected Public: Motor carriers, freight of the functions of the Department, forwarders, and brokers. including whether the information will 13092 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices have practical utility; the accuracy of information, or other alternatives not would be beneficial. If the Coast Guard the Department’s estimate of the burden included in this notice. determines that oral presentations are of the proposed information collection; DATES: Comments must be received by crucial to the preparation of the EA, and ways to enhance the quality, utility and 13 April 1998. will significantly aid in environmental clarity of the information to be ADDRESSES: You may mail comments to planning for the proposal, it will hold collected; and ways to minimize the the Docket Management Facility, a public hearing at a time and place burden of the collection of information [USCG–1998–3584], U.S. Department of announced by a later notice in the on respondents, including the use of Transportation, Room PL–401, 400 Federal Register. automated collection techniques or Seventh Street SW., Washington, DC Background other forms of information technology. 20590–0001, or deliver them to room The NDS forms the backbone of the Issued in Washington, D.C. on March 11, PL–401, located on the Plaza Level of Coast Guard’s Short Range 1998. the Nassif Building at the same address Communication System (SRCS) which Vanester M. Williams, between 10 a.m. and 5 p.m., Monday supports Coast Guard Activity, Group, Clearance Officer, United States Department through Friday, except Federal holidays. Marine Safety Office (MSO), Vessel of Transportation. The telephone number to the Docket Traffic Service (VTS), Air Station, Cutter [FR Doc. 98–6890 Filed 3–16–98; 8:45 am] Management Facility is (202) 366–9329. and Station operations. As part of the The Docket Management Facility BILLING CODE 4910±62±P SRCS, the National Distress System maintains the public docket for this incorporates the use of VHF–FM radios notice. Comments, and documents as to provide two-way voice DEPARTMENT OF TRANSPORTATION indicated in this preamble, will become communications coverage for the part of this docket and will be available majority of Coast Guard missions in Coast Guard for inspection or copying at room PL– coastal areas and navigable waterways 401, located on the Plaza Level of the [USCG±1998±3584] where commercial and recreational Nassif Building at the above address traffic exists. The system, consisting of Proposed Modernization of the Coast between 9:30 a.m. and 2 p.m., Monday approximately 300 remotely controlled Guard National Distress System through Friday, except Federal holidays. VHF transceivers and antenna high- FOR FURTHER INFORMATION CONTACT: level sites, was originally intended for AGENCY: Coast Guard, DOT. Mr. Dan Muslin, telephone: (619) 532– monitoring the international VHF–FM ACTION: Notice of intent to prepare an 3403, for questions concerning this maritime distress frequency (Channel environmental assessment; and request notice, the proposed modernization 16), and as the primary command and for public comment. project, or the associated EA. For control network to coorindate Coast questions concerning the Docket Guard search and rescue (SAR) response SUMMARY: The United States Coast Management Facility contact Paulette activities. The secondary function was Guard (USCG) is seeking early public Twine, Chief, Documentary Services to provide command, control, and input on their proposed action to Division, U.S. Department of communications for the Coast Guard modernize the National Distress System Transportation, telephone (202) 366– missions of National Security, Maritime (NDS), a major portion of their Short 9329. Safety, Law Enforcement, and Marine Range Communications System (SRCS). SUPPLEMENTARY INFORMATION: Environmental Protection. To more effectively accomplish maritime safety, maritime law Request for Comments Need for Action enforcement, national security, and The Coast Guard encourages your Due to the following deficiencies marine environmental protection, the participation in the environmental present in the current system, the Coast USCG needs a more efficient, modern, analysis of the proposed NDS Guard has identified a need for an and technologically advanced system modernization by the submission of efficient, modern, more technologically than the current NDS. written data, views, or arguments. Your advanced National Distress System than In accordance with the National comments should include your name the one currently in place: Environmental Policy Act, the Coast and address, and identify this notice Obsolete/Nonstandard Equipment. Guard intends to prepare a [USCG–1998–3584] and the specific The NDS was originally put into service programmatic environmental section of the notice to which each in the 1970’s and now suffers from assessment (EA) on the viable comment applies, along with the reason technological obsolescence. Much of the alternatives for achieving a more for each comment. Please submit all existing equipment is no longer modern and effective system. The comments and attachments in an commercially available off-the-shelf and environmental assessment will examine unbound format, no larger than 81⁄2 by is becoming increasingly difficult to the reasonable alternatives available to 11 inches, suitable for copying and support. The expected service life of the USCG to fulfill their need for an electronic filing to the DOT Docket electronic equipment installed during efficient, modern, and technologically Management Facility at the address this period was 15 years. Equipment improved National Distress System and under ADDRESSES. If you want failures have necessitated the whether any alternatives have the acknowledgment of receipt of your replacement of many system potential for significant environmental comment, enclose a stamped, self- components that are no longer impacts. At this time, the USCG does addressed postcard or envelope. commercially available, resulting in a not have a preferred alternative. The Coast Guard will consider all lack of standardization. Costly short- Specifically, we are requesting input comments received during the comment term fixes such as individual off-the- on any environmental concerns you period. shelf purchases of equipment (e.g., new may have related to the existing NDS or The Coast Guard plans no public command modules, recording and to alternatives for achieving a hearing. You may request a public playback equipment, direction finding modernized system, suggested analyses hearing by submitting a request to the receivers, cellular phones, and Digital or methodologies for inclusion in the address under ADDRESSES. The request Encryption Standard (DES) radios) and EA, possible sources of relevant data or should include the reasons a hearing services are being applied in the field to Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13093 marginally sustain the current system. The system does not provide adequate (MSO), Vessel Traffic Service (VTS), Air The result is a collection of nonstandard backup power to critical and primary Station, Cutter, and Station operations. and difficult to maintain equipment. communications system components. Alternatives Coverage Gaps. The current NDS was No Interface with Rest of the Coast intended to provide coverage extending Guard Telecommunication System. The The Coast Guard’s proposed action is out to approximately 20 nautical miles current NDS has no interface with our to modernize the current obsolete and from shore. The present system does not Long Range Communications System nonstandard NDS by adopting one of provide complete coverage of the (LRCS), our data network, nor the Pubic the general concepts for a new system continental U.S. coastal areas, bays, Switched Telephone Network (PSTN). presented in alternatives B, C or D listed inlets, and river systems. Presently there These deficiencies decrease the Coast below. Alternative A (Status Quo or no are over 65 verified gaps and numerous Guard’s ability to effectively conduct its action) will not fulfill the stated need; localized coverage deficiencies missions. however, it will be analyzed in the EA identified by local operational Inadequate Transmission Security. to provide a baseline for comparison commanders. The system is severely limited in its with the action alternatives. Currently, Inadequate Channel Capacity. ability to protect communications when the Coast Guard does not have a Twenty years of expanding CG mission transmitting sensitive information. This preferred alternative among B, C or D. requirements have also added to the is key while conducting many Coast The following alternatives are being traffic load, far exceeding the capacity of Guard missions (e.g., law enforcement, considered in the EA: Alternative A—Status Quo. Continue the original design. The NDS now search and rescue, pollution response). operations with existing network of suffers from inadequate channel Security of internal Coast Guard capacity especially during multiple analog transceivers. Provide logistics transmissions is mandated by National support as needed and as available. simultaneous operations and ‘‘surge’’ Security Decision Directive 145 (NSDD operations. The system does not have a Alternative B—Upgrade Status Quo. 145), Presidential Directive 24 (PD 24), sufficient number of channels or Systematically upgrade existing network and their follow-on directive, National adequate channel capacity to allow the with modern analog transceivers. Security Directive 42 (NSD 42). Coast Guard to respond to crisis Integrate DSC, digital encryption Inadequate Communications with operations and provide sufficient voice standard (DES), and digital recording Public Safety and Other Agencies. channel and communications capacity equipment. This alternative replaces old to support multiple Coast Guard Essential communications with other equipment with new equipment and operations. When the Coast Guard is Federal, State, and local agencies are adds additional radio capability. Adding transmitting on the system, we are often hindered or unavailable due to position location and filling coverage unable to adequately monitor the VHF– lack of compatible communications gaps is also desired. It is expected that FM international distress frequency at equipment. fulfilling these last two requirements the same time. Poor Position Locating Capability. will require additional antenna sites. No Digital Selective Calling The system cannot adequately pinpoint Alternative C—Dual Mode VHF and/ Capability. Recent amendments to the the location of a caller and, therefore, is or UHF Network. Replace existing International Maritime Organization limited in its ability to aid in search for analog network with dual mode (digital) (IMO) Safety Of Life At Sea (SOLAS) vessels or survivors that do not report, and analog) transceivers. Digital: agreements concerning the Global do not know, or incorrectly report, their Programmable and adaptable to digital Maritime Distress and Safety System position, nor can it adequately assist in signal processing technologies and (GMDSS) require that SOLAS-class locating hoax originators. narrowband channel spacing. Analog: vessels carry Digital Selective Calling Limited Data Capability. The system compatible to the VHF marine radios in (DSC) equipped VHF–FM radios by 1 also has limited ability to transmit or use by the maritime public. Integrate February 1999. These vessels will no obtain information regarding marine DSC, encryption capability, digital longer be required to monitor Channel safety, environmental monitoring/ recording equipment, and data 16 at sea after February 2005, and will compliance, intelligence information, or transmission capability. This alternative increasingly be using Channel 70 VHF– information to and from mariners and replaces old radios with new equipment FM (DSC only) as the international others. Such information could include and also adds additional radio VHF–FM distress and calling channel situational and operational reports, capability. Adding position location and after February 1999. Additionally, DSC automated Coast Guard asset tracking, filling coverage gaps is also desired. It equipment may be used by any vessel transmission of search and rescue (SAR) is expected that fulfilling these last two voluntarily. The current NDS does not or law enforcement information, and requirements will require additional have DSC capability which will result in marine safety broadcasts. antenna sites. the Coast Guard becoming increasingly Poor Caller Verification Assistance Alternative D—Multi-Mode: Satellite, unable to communicate with large and Recording Capability. Finally, the Cellular, VHF and/or UHF Network. segments of the maritime industry/ system does not have capability to Replace the existing network with public on international VHF–FM adequately record and instantly multi-mode equipment that utilizes distress frequencies. playback incoming voice transmissions satellite, cellular, and VHF/UHF Not Adequately Reliable During/After to aid immediate responses and for communications. Integrate DSC, signal Natural Disasters. The current NDS is record purposes. encryption capability, digital recording extremely susceptible to catastrophic equipment, and data transmission Purpose of the Proposed Action failure during a major natural disaster. capability. Adding position location and A failure to any part of the system will The purpose of the proposed action is filling coverage gaps is also desired. It in many cases result in loss of to provide an efficient, cost-effective, is expected that fulfilling these last two communication in wide areas of the and technologically adequate National requirements will require additional system’s advertised coverage. The Distress System that rectifies the antenna sites. system cannot restore key operational deficiencies listed previously and All the alternatives will require links and system components within a adequately supports Coast Guard approximately the same number of reasonable period following a failure. Activity, Group, Marine Safety Office additional antenna sites with the 13094 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices exception of the ‘‘Status Quo’’ distressed vessel or accident, respond DEPARTMENT OF TRANSPORTATION alternative. quickly to distress calls, contact and coordinate with appropriate spill Federal Aviation Administration Affected Environment response teams and other important The environment which may be specialists outside the Coast Guard, RTCA Special Committee 186/Eurocae affected by the proposed action may be disseminate marine safety information, Working Group 51; Automatic portions of the marine and terrestrial and continue operations during natural Dependent SurveillanceÐBroadcast (both urban and rural) coastal region of disasters. (ADS±B) the continental U.S., Alaska, Hawaii, the Endangered Species Act/Conservation Caribbean, Guam, the Great Lakes and Laws Warnings/Enforcement. Increased Pursuant to section 10(a)(2) of the major inland bays and waterways ability to communicate environmental Federal Advisory Committee Act (Pub. (including Western Rivers) where the information/warnings to mariners L. 92–463, 5 U.S.C., Appendix 2), notice Coast Guard has jurisdiction and where regarding endangered species sightings/ is hereby given for Special Committee commercial and/or recreational activity (e.g., North Atlantic Right 186/EUROCAE Working Group 51 joint maritime traffic exist. The EA will Whale, Kemp’s Ridley sea turtle, meeting to be held April 1–2, 1998, discuss the general aspects of the manatee). Improved coordination of starting at 9:00 a.m. The meeting will be affected environment outlined above responses with National Marine held at RTCA, 1140 Connecticut and areas of discussion may include air Fisheries Service and state/local civilian Avenue, NW., Suite 1020, Washington, quality, terrestrial vegetation and responders to distressed endangered DC 20036. wildlife (perhaps including endangered species (e.g., stranded, entangled, or species and their habitat), prime and distressed animals). Increased ability to The agenda will include: (1) unique farmlands, historic and cultural communicate important environmental Chairman’s Introductory Remarks/ resources, wetlands, parks, sanctuaries, information to State or local Review of Meeting Agenda; (2) Review conservation/preservation areas, 100- environmental agencies for record and Approval of Minutes of the year flood plains, marine vegetation and purposes. Improved protection of Previous Meeting; (3) Report of Working wildlife (perhaps including endangered communications for fisheries and Group Activities: a. Working Group 1; b. species and their habitat), and water conservation enforcement. Anticipated 1090 MHz MOPS; c. CDTI MOPS; d. quality. Non-Environmental Benefits. Working Group 4; (4) EUROCAE Anticipated Environmental Issues Increased Safety of Human Life. Working Group 51 Report, Status of Increased ability to communicate with, VHR MOPS: a. Present ATC Systems; b. Areas of Potential Environmental and respond to, the maritime public Evolving ATC Systems; c. Aircraft Concern (recreational and commercial) when in Changes and Architecture Options; d. Internal research has revealed that the distress. Position locating capability Implementation Strategy; e. Summary; following areas may be issues of will improve response time, reducing (5) EUROCAE Discussion of VDL Mode possible environmental concern: Radio loss of life. Digital Selective Calling 4, Technical Description and Ongoing waves (estimated 100 MHz to 1 GHz) capability will allow receipt of distress European Programs: a. EMERALD from antenna sites; disposal of replaced alerts from DSC-equipped vessels. Program; b. FREER Project; (6) Discuss system components and any associated Increased Public Service. The Coast Special Committee 186 Reorganization; hazardous materials, including future Guard will be able to receive all (7) Other Business; (8) Date and Place of disposal of any hazardous materials incoming short-range distress calls Next Meeting. associated with the new system; without interruption. Additionally, the disturbance of nesting birds, or possible Coast Guard will be able to close the Attendance is open to the interested bird mortality from striking tower guy current gaps in communication coverage public but limited to space availability. wires or from construction of antenna and achieve improved overall With the approval of the chairman, sites, enclosures, and land lines. communications with various Federal, members of the public may present oral Possible impacts from construction State, and local agencies. statements at the meeting. Persons could be: disturbance of vegetation and Increased Maritime Law Enforcement. wishing to present statements or obtain wildlife (perhaps including endangered The protection of sensitive information should contact the RTCA species and their habitat) wetland communications will enhance the Coast Secretariat, 1140 Connecticut Avenue, disturbance, air emissions, effects to Guard law enforcement capability and NW., Suite 1020, Washington, DC historic/cultural resources including interoperability with other federal, state, 20036; (202) 833–9339 (phone); (202) archeological resources, air quality, and local agencies. 833–9434 (fax); or http://www.rtca.org aesthetics, and construction noise. Increased National Security. In (web site). Members of the public may Anticipated Environmental Benefits addition to supporting Maritime Law present a written statement to the Oil Spill Prevention. Increased Enforcement, improved committee at any time. communications protection in the prevention of accident such as oil spills Issued in Washington, DC, on March 11, modernization NDS will support or other hazardous materials from 1998. defense missions in the coastal areas. increased ability to track commercial Terry R. Hannah, shipping and prevent groundings. R.J. Casto, Designated Official. Oil Spill Clean Up. Expedited cleanup Rear Admiral, U.S. Coast Guard, Assistant of accidents such as oil spills or other Commandant for Acquisition. [FR Doc. 98–6813 Filed 3–16–98; 8:45 am] hazardous material spills from increased [FR Doc. 98–6885 Filed 3–16–98; 8:45 am] BILLING CODE 4910±13±M ability to: pinpoint the location of a BILLING CODE 4910±14±M Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13095

DEPARTMENT OF TRANSPORTATION capacity increases and compliance with transport (widebody) airplanes were the type certification requirements for under development. At that time, the Federal Aviation Administration transport airplane emergency existing design requirements were not evacuation. This notice advises the considered adequate to minimize RTCA Special Committee 191; public of FAA policy and gives all variation in evacuation capability. The Collaborative Decisionmaking and interested persons an opportunity to introduction of the full-scale evacuation Near-Term Procedures present their views on the policy demonstration requirement in part 25 Pursuant to section 10(a) (2) of the statement. was coupled with a change to the Federal Advisory Committee Act (Pub. DATES: Comments must be received on operating rules so that both L. 92–463, 5 U.S.C., Appendix 2), notice or before April 16, 1998. demonstrations were required to be is hereby given for the Special ADDRESSES: Send all comments on this completed within 90 seconds. The Committee 191 meeting to be held April policy statement to the individual proposal leading to this rule is clear that the reduction in the total time was 2, 1998, starting at 10:00 a.m. The identified under FOR FURTHER implemented to take advantage of meeting will be held at RTCA, 1140 INFORMATION CONTACT. Connecticut Avenue, NW., Suite 1020, advances in emergency equipment, FOR FURTHER INFORMATION CONTACT: specifically escape slides. The Washington, DC, 20036. Jeff Gardlin, FAA Propulsion/ The agenda will be as follows: (1) manufacturer’s demonstration did not Mechanical/Cabin Safety Branch, ANM– have to be repeated for changes in Chairman’s Introductory Remarks; (2) 112, Transport Airplane Directorate, Briefing on Prototype Operations; (3) interior arrangement, or increases in 1601 Lind Avenue SW., Renton, WA passenger capacity of five percent or Performance Analysis: a. Methods for 98055–4056; telephone (425) 227–2136. less, provided that these changes could Estimating; b. Plans for Studying/ SUPPLEMENTARY INFORMATION: be substantiated analytically. Reporting Results; (4) Prototype Comments Invited In 1978, after numerous evacuation Operations: a. Lessons Learned; b. demonstrations had been conducted, the Potential Solutions; c. Terminology/ Interested persons are invited to type design requirements were amended Advisories; d. Compression; e. comment on this policy statement by again. This amendment allowed the use Simplified Sub Rules; f. Next Steps; (5) submitting such written data, views, or of analysis and tests to substantiate the Collaborative Routing Briefing; (6) NAS arguments as they may desire. evacuation performance of an airplane, Status Briefing; (7) Review of Action Commenters should identify the Policy and removed the previous explicit five Items; (8) Adjourn. Statement Number of this notice and percent limit on passenger increase. The Attendance is open to the interested submit comments, in duplicate, to the primary prerequisite for this public but limited to space availability. address specified above. All methodology was that there be sufficient With the approval of the chairman, communications received on or before test data to support an analysis. members of the public may present oral the closing date for comments will be In July 1986, the FAA Administrator statements at the meeting. Persons considered by the Transport Standards established policy limiting the use of wishing to present statements or obtain Staff. analysis to passenger capacity increases information should contact the RTCA Discussion of five percent or less, due to the Secretariat, 1140 Connecticut Avenue, absence of any agreed industry standard N.W., Suite 1020, Washington, DC The requirement for full-scale on when an analysis was appropriate. 20036; (202) 833–9339 (phone); (202) evacuation demonstrations was This policy was applied while 833–9434 (fax); or http://www.rtca.org introduced into the Federal Aviation analytical methodologies were refined, (web site). Members of the public may Regulations (FAR) in 1965 by a change such that the FAA could have present a written statement to the to the operating rules. The rule change confidence in approval of larger committee at any time. followed both a Notice of Proposed passenger capacity increases by a Issued in Washington, DC, on March 11, Rulemaking and a public hearing. The combination of analysis and test. The 1998. primary basis for this change was the development of improved Terry R. Hannah, identification of deficiencies in methodologies was undertaken. Designated Official. ‘‘equipment, procedures, and training’’ In 1989, the FAA issued Advisory discovered during evacuation testing. Circular (AC) 25.803–1, Emergency [FR Doc. 98–6818 Filed 3–16–98; 8:45 am] The rule applied to all passenger Evacuation Demonstrations, to provide BILLING CODE 4910±13±M carrying airplanes with more than 44 specific demonstration test criteria, and passengers, and any subsequent increase discuss the use of analysis. The AC DEPARTMENT OF TRANSPORTATION in passenger capacity of those airplanes stated that a full-scale demonstration of more than five percent. In addition, should be conducted for passenger Federal Aviation Administration a new demonstration was required for a capacity increases of greater than 5% ‘‘major change’’ in the cabin interior because of the continued absence of an [Policy Statement No. ANM±98±2] that would affect passenger evacuation. industry standard on when analysis Passenger Capacity Increases and The time limit for the evacuation could be used. However, the AC also acknowledged that it described one Compliance With Type Certification demonstration was two minutes, using means, but not the only means, of Requirements for Transport Airplane one half of the available exits. In 1967, the requirement for a full- complying with the relevant regulation, Emergency Evacuation scale evacuation demonstration was and therefore did not foreclose AGENCY: Federal Aviation added to the type certification applicants from proposing to Administration, DOT. requirements of 14 CFR part 25. This substantiate compliance by analysis, ACTION: Notice of policy statement and demonstration, conducted by the even for larger capacity increases. In request for comments. airframe manufacturer, was done to help actual practice, there have been ensure comparable evacuation approvals for increases in passenger SUMMARY: This notice announces the capability of each new model, and with capacity of greater than five percent FAA’s policy with respect to passenger the knowledge that much larger under specific circumstances (i.e., the 13096 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices resultant passenger capacity is still well for the Boeing 777–300 and the Airbus improvements within the corridor below the theoretical maximum). A330/340, there are currently sufficient would involve upgrading MD 32 to a The Performance Standards Working full-scale evacuation data available to four lane access controlled highway, Group, under the auspices of the support analysis. The Boeing 777–300 between the town of Clarksville and I– Aviation Rulemaking Advisory involves a fuselage stretch and the 70 for approximately 9 miles. Committee (ARAC) on emergency addition of a pair of exits with an Improvements to the corridor are evacuation issues, was tasked to increase in demonstrated passenger necessary to provide for the existing and develop a standardized protocol to capacity from 440 to 550. The Airbus determine when an analysis is A330/340 involve a fuselage stretch and projected traffic demands. Also, appropriate. One of the primary increasing the size of a pair of exits with accident statistics indicate that some objectives of this effort was to reduce an increase in demonstrated passenger sections along this roadway (especially the number and severity of injuries that capacity from 361 to 440. In both these MD 32, from south of Triadelphia Road can occur in full-scale evacuation cases, a wealth of full-scale evacuation to south of West Ivory Road and from demonstrations. Although ARAC was data are available to support analysis Terrapin Branch to north of I–70) unable to reach a consensus, it has and the FAA is confident that the use experience accident rates higher than submitted the group’s final document to of analysis is well within the intent of the statewide average. the FAA in the form of a draft advisory the regulation. Therefore, in accordance Alternatives under consideration circular. The document submitted to the with the regulation, conduct of include taking no action and widening FAA does not include any limitation on additional full-scale evacuation existing MD 32 to a four lane divided passenger capacity increase with respect demonstrations is not required to highway with various options for to analysis. While the FAA’s action here demonstrate compliance, if a constructing new interchanges at is consistent with the ARAC document satisfactory analysis is produced. The Burntwoods Road, Triadelphia Road, with respect to passenger capacity FAA intends to publish a revised Rosemary Lane, Nixon’s Farm, Dayton increases, it does not reflect each ARAC proposed advisory circular that reflects Shop, and MD 144. participant’s views. this policy. Resolution of the public The FAA has now determined that comment will be considered in Letters describing the proposed action standardized methodologies have been determining whether the policy should and soliciting comments will be sent to developed and there are sufficient data be refined for future projects, and so appropriate Federal, State, and local now available, such that a limitation on reflected in the advisory circular. agencies, and to private organizations, citizens, and citizen groups who have the use of analysis based only on an Issued in Renton, WA, on March 6, 1998. increase in passenger capacity is no previously expressed or are known to Ronald T. Wojnar, longer necessary. This position is have an interest in this proposal. It is supported by the aviation industry. In Manager, Transport Airplane Directorate, anticipated that a Public Hearing will be Aircraft Certification Service. addition, the FAA has also received a held in the fall of 1998. The Draft EIS [FR Doc. 98–6707 Filed 3–16–98; 8:45 am] letter from a noted independent will be available for public and agency researcher endorsing the use of analysis BILLING CODE 4910±13±M review and comment prior to a Public in the general case, and not tied to an Hearing. Public notice will be given of arbitrary limit on the increase in DEPARTMENT OF TRANSPORTATION the availability of the Draft EIS for passenger capacity. Analytical review and of the time and place of this techniques are used to substantiate Federal Highway Administration hearing. An Alternates Public Workshop various certification requirements, was held in June of 1996, in addition to including those with safety of flight Environmental Impact Statement: monthly focus group meetings to solicit ramifications, and in all cases the key Howard County, MD opinions and ideas on proposed element in their use is the underlying improvements from local citizens. data to support the analysis. The FAA AGENCY: Federal Highway has determined that evacuation Administration (FHWA), DOT. To ensure that the full range of issues demonstrations should be treated no ACTION: Notice of intent. related to this proposed action are differently and, where sufficient data addressed and all significant issues are available, analysis is an option. SUMMARY: The FHWA is issuing this identified, comments and suggestions Since the existing advisory circular has notice to advise the public that an are invited from all interested parties. been interpreted by the public as environmental impact statement will be Comments or questions concerning effectively prohibiting the use of a prepared for a proposed highway project these proposed actions and EIS should combination of analysis and test in in Howard County, Maryland. be directed to the FHWA at the address cases where the passenger capacity is FOR FURTHER INFORMATION CONTACT: provided above. Ms. Renee Sigel, Planning, Research, increased by greater than five percent, (Catalog of Federal Domestic Assistance and Environment Team Leader, Federal the FAA is issuing a formal notice that Program Number 20.205, Highway Research, Highway Administration, The Rotunda analysis in such cases may be Planning and Construction. The regulation Suite 220, 711 West 40th Street, acceptable. Full-scale demonstrations implementing Executive Order 12372 Baltimore, Maryland 2112211, will still be required when sufficient regarding intergovernmental consultation of Telephone: (410) 962–4342. data are not available to support a Federal programs and activities apply to this combination of analysis and test. SUPPLEMENTARY INFORMATION: The program) While the FAA is seeking public FHWA, in cooperation with the Issued on: March 3, 1998. comment on this policy, it is the FAA Maryland State Highway intention to immediately apply this administration, will prepare an Renee Sigel, policy to two specific certification environmental impact statement (EIS) to Planning, Research and Environment Team programs in progress during the period improve MD 32 from MD 108 Leader, Baltimore, Maryland. of public comment and disposition of (Clarksville Road) to I–70, in Howard [FR Doc. 98–6831 Filed 3–16–98; 8:45 am] comments. It is the FAA position that County, Maryland. Proposed BILLING CODE 4910±22±M Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13097

DEPARTMENT OF THE TREASURY Program, Advisory Committee, the importer of record, which indicates Department of the Treasury, 1500 a false or fraudulent country of origin or Domestic Finance; Notice of Open Pennsylvania Avenue, NW, Room 3041, source of textile or apparel products; (2) Meeting of the Advisory Committee, Washington, DC 20220 no later than Using counterfeit visas, licenses, U.S. Community Adjustment and March 23, 1998. If you have any permits, bills of lading, or similar Investment Program questions, please call Dan Decena at documentation, or providing counterfeit visas, licenses, permits, bills of lading, The Department of the Treasury, (202)622–0637. (Please note that this or similar documentation that is pursuant to the North American Free telephone number is not toll-free.) subsequently used by the importer of Trade Agreement (‘‘NAFTA’’) Gary Gensler, record, with respect to the entry into the Implementation Act (Pub. L. 103–182), Assistant Secretary, Financial Markets. Customs territory of the United States of established an advisory committee (the [FR Doc. 98–6774 Filed 3–16–98; 8:45 am] textile or apparel products; (3) ‘‘Advisory Committee’’) for the BILLING CODE 4510±01±P Manufacturing, producing, supplying, community adjustment and investment or selling textile or apparel products program (the ‘‘Program’’). The Program DEPARTMENT OF THE TREASURY which are falsely or fraudulently labeled will provide financing to businesses and as to country of origin or source; and (4) individuals in communities adversely Customs Service Engaging in practices which aid or abet impacted by NAFTA to create new jobs. the transshipment, through a country The charter of the Advisory Committee List of Foreign Entities Violating other than the country of origin, of has been filed in accordance with the Textile Transshipment and Country of textile or apparel products in a manner Federal Advisory Committee Act of Origin Rules which conceals the true origin of the October 6, 1972 (Pub. L. 92–463), with textile or apparel products or permits AGENCY: the approval of the Secretary of the U.S. Customs Service, the evasion of quotas on, or voluntary Treasury. Department of the Treasury. restraint agreements with respect to, The Advisory Committee consists of ACTION: General notice. imports of textile or apparel products. nine members of the public, appointed If a penalty claim has been issued SUMMARY: This document notifies the by the President, who collectively with respect to any of the above public of foreign entities which have represent: (1) Community groups whose violations, and no petition in response been issued a penalty claim under constituencies include low-income to the claim has been filed, the name of section 592 of the Tariff Act, for certain families; (2) scientific, professional, the party to whom the penalty claim violations of the customs laws. This list business, nonprofit, or public interest was issued will appear on the list. If a is authorized to be published by section organizations or associations, which are petition, supplemental petition or 333 of the Uruguay Round Agreements neither affiliated with, nor under the second supplemental petition for relief direction of, a government; and (3) for- Act. from the penalty claim is submitted profit business interests. FOR FURTHER INFORMATION CONTACT: For under 19 U.S.C. 1618, in accord with The objectives of the Advisory information regarding any of the the time periods established by Committee are to: (1) Provide informed operational aspects, contact Michael §§ 171.32 and 171.33, Customs advice to the President regarding the Compeau, Branch Chief, Seizures and Regulations (19 CFR 171.32, 171.33) and implementation of the Program; and (2) Penalties Division, at 202–927–0762. the petition is subsequently denied or review on a regular basis, the operation For information regarding any of the the penalty is mitigated, and no further of the Program, and provide the legal aspects, contact Ellen McClain, petition, if allowed, is received within President with the conclusions of its Office of Chief Counsel, at 202–927– 30 days of the denial or allowance of review. Pursuant to Executive Order No. 6900. mitigation, then the administrative 12916, dated May 13, 1994, the SUPPLEMENTARY INFORMATION: action shall be deemed to be final and President established an interagency Background administrative remedies will be deemed committee to implement the Program to be exhausted. Consequently, the and to receive, on behalf of the Section 333 of the Uruguay Round name of the party to whom the penalty President, advice of the Advisory Agreements Act (URAA) (Pub. L. 103– claim was issued will appear on the list. Committee. The committee is chaired by 465, 108 Stat. 4809) (signed December However, provision is made for an the Secretary of the Treasury. 12, 1994), entitled Textile appeal to the Secretary of the Treasury A meeting of the Advisory Committee, Transshipments, amended Part V of title by the person named on the list, for the which will be open to the public, will IV of the Tariff Act of 1930 by creating removal of its name from the list. If the be held in Monterey, California at the a section 592A (19 U.S.C. 1592A), Secretary finds that such person or Monterey Beach Hotel, La Grande which authorizes the Secretary of the entity has not committed any of the Room, 2600 Sand Dunes Drive, Treasury to publish in the Federal enumerated violations for a period of Monterey, California 93940 (Tel 408– Register, on a biannual basis, a list of not less than 3 years after the date on 394–3321) from 9 a.m. to 4 p.m. on the names of any producers, which the person or entity’s name was Thursday, April 2, 1998. The meeting manufacturers, suppliers, sellers, published, the name will be removed room will accommodate approximately exporters, or other persons located from the list as of the next publication 100 persons and seating is available on outside the Customs territory of the of the list. a first-come, first-serve basis, unless United States, when these entities have space has been reserved in advance. Due been issued a penalty claim under Reasonable Care Required to limited seating, prospective attendees section 592 of the Tariff Act, for certain Section 592A also requires any are encouraged to contact the person violations of the customs laws, provided importer of record entering, introducing, listed below prior to March 26, 1998. If that certain conditions are satisfied. or attempting to introduce into the you would like to have the Advisory The violations of the customs laws commerce of the United States textile or Committee consider a written statement, referred to above are the following: (1) apparel products that were either material must be submitted to the U.S. Using documentation, or providing directly or indirectly produced, Community Adjustment and Investment documentation subsequently used by manufactured, supplied, sold, exported, 13098 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices or transported by such named person to the supplier or manufacturer that the Jiangxi Garments Import and Export Corp., show, to the satisfaction of the visa, permit, and/or license is both valid Foreign Trade Building, 60 Zhangqian Secretary, that such importer has and accurate as to its origin? Has the Road, Nanchang, China. (3/98) Li Xing Garment Company Limited, 2/F Long exercised reasonable care to ensure that importer scrutinized the visa, permit or Guang Building, Number 2 Manufacturing the textile or apparel products are license as to any irregularities that District, Sanxiang Town, Zhongshan, accompanied by documentation, would call its authenticity into Guandgong, China. (9/96) packaging, and labeling that are accurate question? Meigao Jamaica Company Limited, 134 as to its origin. Reliance solely upon The law authorizes a biannual Pineapple Ave., Kingston, Jamaica. (9/96) information regarding the imported publication of the names of the foreign Meiya Garment Manufacturers Limited, No. 2 product from a person named on the list entities. On September 15, 1997, Building, 3/F, Shantou Special Economic is clearly not the exercise of reasonable Customs published a Notice in the Zone, Shantou, China. (9/96) Poshak International, H–83 South Extension, care. Thus, the textile and apparel Federal Register (62 FR 48340) which Part-I (Back Side), New Delhi, India. (3/96) importers who have some commercial identified 16 (sixteen) entities which Sun Weaving Mill Ltd., Lee Sum Factory relationship with one or more of the fell within the purview of section 592A Building, Block 1 & 2, 23 Sze Mei Street, listed parties must exercise a degree of of the Tariff Act of 1930. Sanpokong, Bk 1/2, Kowloon, Hong Kong. (9/97) reasonable care in ensuring that the 592A List documentation covering the imported Takhi Corporation, Huvsgalchdyn Avenue, merchandise, as well as its packaging For the period ending March 31, 1998, Ulaanbaatar 11, Mongolia. (3/98) Topstyle Limited, 6/F, South Block, Kwai and labeling, is accurate as to the Customs has identified 19 (nineteen) foreign entities that fall within the Shun Industrial Center, 51–63 Container country of origin of the merchandise. Port Road, Kwai Chung, New Territories, This degree of reasonable care must rely purview of section 592A of the Tariff Hong Kong. (9/96) on more than information supplied by Act of 1930. This list reflects the United Fashions, C–7 Rajouri Garden, New the named party. addition of 3 new entities to the 16 Delhi, India. (9/95) In meeting the reasonable care entities named on the list published on Yunnan Provincial Textiles Import & Export, standard when importing textile or September 15, 1997. The parties on the 576 Beijing Road Kunming, Yun Nan, apparel products and when dealing with current list were assessed a penalty China. (3/96) a party named on the list published claim under 19 U.S.C. 1592, for one or Any of the above parties may petition pursuant to section 592A of the Tariff more of the four above-described to have its name removed from the list. Act of 1930, an importer should violations. The administrative penalty Such petitions, to include any consider the following questions in action was concluded against the parties documentation that the petitioner attempting to ensure that the by one of the actions noted above as deems pertinent to the petition, should documentation, packaging, and labeling having terminated the administrative be forwarded to the Assistant is accurate as to the country of origin of process. Commissioner, Office of Field the imported merchandise. The list of The names and addresses of the 19 Operations, United States Customs questions is not exhaustive but is foreign parties which have been Service, 1300 Pennsylvania Avenue, illustrative. assessed penalties by Customs for N.W., Washington, D.C. 20229. violations of section 592 are listed (1) Has the importer had a prior Additional Foreign Entities relationship with the named party? below pursuant to section 592A. This (2) Has the importer had any list supersedes any previously In the September 15, 1997, Federal detentions and/or seizures of textile or published list. The names and addresses Register notice, Customs also solicited apparel products that were directly or of the 19 foreign parties are as follows information regarding the whereabouts indirectly produced, supplied, or (the parenthesis following the listing of 39 foreign entities, which were transported by the named party? sets forth the month and year in which identified by name and known address, (3) Has the importer visited the the name of the company was first concerning alleged violations of section company’s premises and ascertained published in the Federal Register): 592. Persons with knowledge of the whereabouts of those 39 entities were that the company has the capacity to Azmat Bangladesh, Plot Number 22–23, produce the merchandise? Sector 2 EPZ, Chittagong 4233, Bangladesh. requested to contact the Assistant (4) Where a claim of an origin (9/96) Commissioner, Office of Field conferring process is made in Bestraight Limited, Room 5K, World Tech Operations, United States Customs accordance with 19 CFR 102.21, has the Centre, 95 How Ming Street, Kwun Tong, Service, 1301 Constitution Avenue, importer ascertained that the named Kowloon, Hong Kong. (3/96) Washington, D.C. 20229. party actually performed the required Cotton Breeze International, 13/1578 In this document, a new list is being process? Govindpuri, New Delhi, India. (9/95) published which contains the names (5) Is the named party operating from Cupid Fashion Manufacturing Ltd., 17/f and last known addresses of 54 entities. Block B, Wongs Factory Building, 368–370 This reflects the addition of fifteen new the same country as is represented by Sha Tsui Road, Tsuen Wan, Hong Kong. that party on the documentation, (9/97) entities to the list. packaging or labeling? Eun Sung Guatemala, S.A., 13 Calle 3–62 Customs is soliciting information (6) Have quotas for the imported Zona Colonia Landivar, Guatemala City, regarding the whereabouts of the merchandise closed or are they nearing Guatemala. (3/98) following 54 foreign entities concerning closing from the main producer Hanin Garment Factory, 31 Tai Yau Street, alleged violations of section 592. Their countries for this commodity? Kowloon, Hong Kong. (3/96) names and last known addresses are (7) What is the history of this country Hip Hing Thread Company, No. 10, 6/F listed below (the parenthesis following regarding this commodity? Building A, 221 Texaco Road, Waikai the listing sets forth the month and year (8) Have you asked questions of your Industrial Centre, Tsuen Wan, N.T. Hong in which the name of the company was Kong. (3/96) supplier regarding the origin of the Hyattex Industrial Company, 3F, No. 207–4 first published in the Federal Register): product? Hsin Shu Road, Hsin Chuang City, Taipei Arsian Company Ltd, XII Khorcolo, (9) Where the importation is Hsien, Taiwan. (9/96) Waanbaatar, Mongolia. (9/95) accompanied by a visa, permit, or Jentex Industrial, 7–1 Fl., No. 246, Chang An Bahadur International, 250 Naraw Industrial license, has the importer verified with E. Rd., Sec.2, Taipei, Taiwan. (3/97) Area, New Delhi, India. (9/95) Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13099

Balmar Export Pte. Ltd., No. 7 Kampong Madan Exports, E–106 Krishna Nagar, New Dated: March 12, 1998. Kayu Road, Singapore, 1543. (3/98) Delhi, India. (9/95) A.W. Tennant, Bao An Wing Shing Garment Factory, Ado Morrin International, E–106 Krishna Nagar, Acting Assistant Commissioner, Office of Shi Qu, Bao An Shen Zhen, China. (9/95) New Delhi, India. (9/95) Field Operations. Belwear Co., Ltd., Flat C, 3rd Floor, Yuk Yat Patenter Trading Company, Block C. 14/F, [FR Doc. 98–6881 Filed 3–16–98; 8:45 am] Street, Kowloon, Hong Kong. (9/95) Yip Fat Industrial Building, Phase 1, 77 Cahaya Suria Sdn Bhd, Lot 5, Jalan 3, Kedah, Hoi Yuen Road, Kowloon, Hong Kong. BILLING CODE 4820±02±P Malaysia. (9/95) Changping High Stage Knitting, Yuan Jing (9/97) Yuan, Chau Li Qu Chang, Guangdong, Poltex Sdn, 8 Jalan Serdang, Kedah, DEPARTMENT OF THE TREASURY China. (9/95) Malaysia. (9/95) Confecciones Kalinda S.A., Zona Franca, Los Raj Connections, E–106 Krishna Nagar, Internal Revenue Service Alcarrizos, Santo Domingo, Dominican Delhi, India. (9/95) Republic. (9/95) Richman Garment Manufacturing Co., Ltd., [PS±25±94] Crown Garments Factory Sdn Bhd, Lot 112, 7th Fl, Singapore Industrial Bldg., 338 Jalan Kencana, Bagan Ajam, Malaysia. Kwun Tong Road, Kowloon, Hong Kong. Proposed Collection; Comment (9/95) (9/95) Request for Regulation Project Dechang Garment Factory, Shantou S.E.Z., Round Ford Investments, 37–39 Ma Tau Wai Cheng Hai, Cheng Shing, China. (9/95) AGENCY: Internal Revenue Service (IRS), Road, 13/f Tower B, Kowloon, Hong Kong. Envestisman Sanayi A.S., Buyukdere Cad 47, Treasury. Tek Is Merkezi, Istanbul, Turkey. (9/97) (9/97) Royal Mandarin Knitworks Co., Flat C 21/F, ACTION: Notice and request for Eroz Fashions, 535 Tuglakabad Extension, comments. New Delhi, India. (9/95) So Tau Centre, 11–15 Sau Road, Kwai Chung, N.T., Hong Kong. (9/95) Essence Garment Making Factory, Splendid SUMMARY: The Department of the Centre, 100 Larch Street, Flat D, 5th Floor, Sam Hing Bags Fty, Ltd., ι35 Tai Ping West Taikoktsui, Kowloon, Hong Kong. (3/98) Road, Jiu Jaing, Ghangdong, China. (9/95) Treasury, as part of its continuing effort Fabrica de Artigos de Vest. Dynasty, Lda., Sam Hing International, Enterprise, 5 to reduce paperwork and respondent Avenida do Almirante Magalhaes Correia, Guernsey St., Guilford NSW, Australia. burden, invites the general public and Edificio Industrial Keck Seng, Block III, 4th other Federal agencies to take this Floor ‘‘UV’’, Macau. (3/98) (9/95) opportunity to comment on proposed Shanghai Yang Yuan Garment Factory, 2 Fabrica de Vestuario Wing Tai, 45 Estrada and/or continuing information Marginal Da Areia Preta, Edif. Centro Zhaogao Road, Chuanshin, Shanghai, China. (9/97) collections, as required by the Poltex, 3/E, Macau. (3/98) Paperwork Reduction Act of 1995, Galaxy Gloves Factory, Annking Industrial Shenzhen Long Gang Ji Chuen, Shenzhen, Building, Wang Yip East Street Room A, Long Gang Zhen, China. (9/95) Public Law 104–13 (44 U.S.C. 2/F, Lot 357, Yuen Long Industrial Silver Pacific Enterprises Ltd., Shun Tak 3506(c)(2)(A)). Currently, the IRS is Estate, Yuen Long, New Territories, Center, 200 Connaught Road, No. 2908, soliciting comments concerning an Hong Kong. (3/98) Hong Kong. (3/98) existing final regulation, PS–25–94 (TD Grey Rose Maldives, Phoenix Villa, Majeedee Societe Prospere De Vetements S.A., Lome, 8686), Requirements to Ensure Magu, Male, Republic of Maldives. (3/98) Togo. (9/95) Collection of Section 2056A Estate Tax Guangdong Provincial Improved, 60 Ren Min Tat Hing Garment Factory, Tat Cheong (§ 20.2056A–2). Road, Guangdong, China. (9/95) Industrial Building, 3 Wing Ming Street, DATES: Written comments should be Guidetex Garment Factory, 12 Qian Jin Dong Block C, 13/F, Lai Chi Kok, Kowloon, Hong received on or before May 18, 1998 to Jie, Yao Tai Xian Yuan Li, Canton, China. Kong. (3/98) (9/95) Tientak Glove Factory Limited, 1 Ting Kok be assured of consideration. Gulnar Fashion Export, 14 Hari Nagar, Road, Block A, 26/F, Tai Po, New ADDRESSES: Direct all written comments Ashram, New Delhi, India. (9/95) Territories, Hong Kong. (3/98) to Garrick R. Shear, Internal Revenue Herrel Company, 64 Rowell Road, Suva, Fiji. Traffic, D1/180 Lajpat Nagar, New Delhi, Service, room 5571, 1111 Constitution (9/95) India. (9/95) Avenue NW., Washington, DC 20224. Jai Arjun Mfg. Co., B 4/40 Paschim Vihar, United Textile and Weaving, P.O. Box 40355, New Delhi, India. (9/95) FOR FURTHER INFORMATION CONTACT: Sharjah, United Arab Emirates. (9/97) Janardhan Exports, E–106 Krishna Nagar, Requests for additional information or New Delhi, India. (9/95) Wealthy Dart, Wing Ka Industrial Building, copies of the regulation should be Kin Cheong Garment Factory, No. 13 Shantan 87 Larch Street, 7th Floor, Kowloon, Hong Kong. (3/98) directed to Carol Savage, (202) 622– Street, Sikou Country, Taishan, 3945, Internal Revenue Service, room Kwangtong, China. (9/95) Wilson Industrial Company, Yip Fat Factory Kingston Garment Ltd., Lot 42–44 Caracas Building, 77 Hoi Yuen Road, Room B, 5569, 1111 Constitution Avenue NW., Washington, DC 20224. Dr., Kingston, Jamaica. (9/95) 3/F, Kwun Yong, Kowloon, Hong Kong. Konivon Development Corp., Shun Tak SUPPLEMENTARY INFORMATION: Center, 200 Connaught Road, No. 3204, (3/98) Title: Requirements to Ensure Hong Kong. (3/98) Wong’s International, Nairamdliyn 26, Collection of Section 2056A Estate Tax. Kwuk Yuk Garment Factory, Kwong Ulaanbaatar 11, Naaun, Mongolia. (9/95) OMB Number: 1545–1443. Industrial Building, 39–41 Beech St., Flat Yogay Fashion Garment Factory Ltd, Lee Regulation Project Number: PS–25– A, 11th Floor, Tai Kok Tsui, Kowloon, Wan Industrial Building, 5 Luk Hop Street, Hong Kong. (3/98) San Po Kong, Kowloon, Hong Kong. (3/98) 94. Land Global Ltd., Block c, 14/F, Y.P. Fat Zuun Mod Garment Factory Ltd., Tuv Aimag, Abstract: This regulation provides Building, Phase 1, Mongolia. (9/97) guidance relating to the additional 77 Hoi Yuen Road, Kowloon, Hong Kong. requirements necessary to ensure the (9/97) If you have any information as to a collection of the estate tax imposed Leader Glove Factory, Tai Ping Industrial correct mailing address for any of the under Internal Revenue Code section Centre, 57, Ting Kok Road, 25/F, Block 1, above 54 firms, please send that 2056A(b) with respect to taxable events Flat A, Tai Po, New Territories, Hong information to the Assistant involving qualified domestic trusts Kong. (3/98) Lin Fashions S.A., Lot 111, San Pedro de Commissioner, Office of Field (QDOT’S). In order to ensure collection Macoris, Dominican Republic. (9/96) Operations, U.S. Customs Service, 1300 of the tax, the regulation provides Luen Kong Handbag Factory, 33 Nanyuan Pennsylvania Avenue, N.W., various security options that may be Road, Shenzhen, Guangdong, China. (9/95) Washington, D.C. 20229. selected by the trust and the 13100 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices requirements associated with each DEPARTMENT OF THE TREASURY recordkeeping requirements on the option. In addition, under certain financial institution and the recipient of circumstances the trust is required to Internal Revenue Service the investment funds to enable the IRS file an annual statement with the IRS [INTL±955±86] to verify that the investment funds are disclosing the assets held by the trust. being used properly and in accordance Current Actions: There is no change to Proposed Collection; Comment with the Caribbean Basin Economic Recovery Act. this existing regulation. Request for Regulation Project Current Actions: There is no change to Type of Review: Extension of OMB AGENCY: Internal Revenue Service (IRS), this existing regulation. approval. Treasury. Type of Review: Extension of OMB Affected Public: Individuals or ACTION: Notice and request for approval. households. comments. Affected Public: Business or other for- Estimated Number of Respondents: SUMMARY: The Department of the profit organizations. 4,390. Treasury, as part of its continuing effort Estimated Number of Recordkeepers: Estimated Time Per Respondents: 1 to reduce paperwork and respondent 50. hour, 23 minutes. burden, invites the general public and other Federal agencies to take this Estimated Time per Recordkeeper: 30 Estimated Total Annual opportunity to comment on proposed hours. Recordkeeping Hours: 6,070. and/or continuing information Estimated Total Annual collections, as required by the The following paragraph applies to all Recordkeeping Hours: 1,500. of the collections of information covered Paperwork Reduction Act of 1995, by this notice: Public Law 104–13 (44 U.S.C. The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is of the collections of information covered An agency may not conduct or soliciting comments concerning an by this notice: sponsor, and a person is not required to existing final regulation, INTL–955–86 respond to, a collection of information An agency may not conduct or (TD 8350), Requirements For sponsor, and a person is not required to unless the collection of information Investments to Qualify Under Section respond to, a collection of information displays a valid OMB control number. 936(d)(4) As Investments in Qualified unless the collection of information Books or records relating to a collection Caribbean Basin Countries (§ 1.936– displays a valid OMB control number. of information must be retained as long 10(c)). Books or records relating to a collection as their contents may become material DATES: Written comments should be of information must be retained as long in the administration of any internal received on or before May 18, 1998 to as their contents may become material revenue law. Generally, tax returns and be assured of consideration. in the administration of any internal tax return information are confidential, ADDRESSES: Direct all written comments revenue law. Generally, tax returns and as required by 26 U.S.C. 6103. to Garrick R. Shear, Internal Revenue tax return information are confidential, Request for Comments Service, room 5571, 1111 Constitution as required by 26 U.S.C. 6103. Avenue NW., Washington, DC 20224. Request for Comments Comments submitted in response to FOR FURTHER INFORMATION CONTACT: this notice will be summarized and/or Requests for additional information or Comments submitted in response to included in the request for OMB copies of the regulation should be this notice will be summarized and/or approval. All comments will become a directed to Carol Savage, (202) 622– included in the request for OMB matter of public record. Comments are 3945, Internal Revenue Service, room approval. All comments will become a invited on: (a) Whether the collection of 5569, 1111 Constitution Avenue NW., matter of public record. Comments are information is necessary for the proper Washington, DC 20224. invited on: (a) Whether the collection of performance of the functions of the SUPPLEMENTARY INFORMATION: information is necessary for the proper agency, including whether the Title: Requirements For Investments performance of the functions of the information shall have practical utility; to Qualify Under Section 936(d)(4) As agency, including whether the (b) the accuracy of the agency’s estimate Investments in Qualified Caribbean information shall have practical utility; of the burden of the collection of Basin Countries. (b) the accuracy of the agency’s estimate information; (c) ways to enhance the OMB Number: 1545–1138. of the burden of the collection of quality, utility, and clarity of the Regulation Project Number: INTL– information; (c) ways to enhance the information to be collected; (d) ways to 955–86. quality, utility, and clarity of the minimize the burden of the collection of Abstract: This regulation relates to the information to be collected; (d) ways to information on respondents, including requirements that must be met for an minimize the burden of the collection of through the use of automated collection investment to qualify under Internal information on respondents, including techniques or other forms of information Revenue code section 936(d)(4) as an through the use of automated collection technology; and (e) estimates of capital investment in qualified Caribbean Basin techniques or other forms of information or start-up costs and costs of operation, countries. Income that is qualified technology; and (e) estimates of capital maintenance, and purchase of services possession source investment income is or start-up costs and costs of operation, entitled to a quasi-tax exemption by maintenance, and purchase of services to provide information. reason of the U.S. possessions tax credit to provide information. Approved: March 9, 1998. under Code section 936(a) and Approved: March 9, 1998. Garrick R. Shear, substantial tax exemptions in Puerto Garrick R. Shear, IRS Reports Clearance Officer. Rico. Code section 936(d)(4)(C) places IRS Reports Clearance Officer. [FR Doc. 98–6750 Filed 3–16–98; 8:45 am] certification requirements on the recipient of the investment and the [FR Doc. 98–6751 Filed 3–16–98; 8:45 am] BILLING CODE 4830±01±U qualified financial institution; and BILLING CODE 4830±01±P Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13101

DEPARTMENT OF THE TREASURY The following paragraph applies to all Public Law 104–13 (44 U.S.C. of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is Internal Revenue Service by this notice: soliciting comments concerning an [INTL±24±94] An agency may not conduct or existing notice of proposed rulemaking, sponsor, and a person is not required to INTL–870–89, Earnings Stripping Proposed Collection; Comment respond to, a collection of information (Section 163(j)). Request for Regulation Project unless the collection of information DATES: Written comments should be displays a valid OMB control number. received on or before May 18, 1998 to AGENCY: Internal Revenue Service (IRS), Books or records relating to a collection be assured of consideration. Treasury. of information must be retained as long ADDRESSES: Direct all written comments ACTION: Notice and request for as their contents may become material to Garrick R. Shear, Internal Revenue comments. in the administration of any internal Service, room 5571, 1111 Constitution revenue law. Generally, tax returns and SUMMARY: Avenue NW., Washington, DC 20224. The Department of the tax return information are confidential, Treasury, as part of its continuing effort as required by 26 U.S.C. 6103. FOR FURTHER INFORMATION CONTACT: to reduce paperwork and respondent Requests for additional information or burden, invites the general public and Request for Comments copies of the regulation should be other Federal agencies to take this Comments submitted in response to directed to Carol Savage, (202) 622– opportunity to comment on proposed this notice will be summarized and/or 3945, Internal Revenue Service, room and/or continuing information included in the request for OMB 5569, 1111 Constitution Avenue NW., collections, as required by the approval. All comments will become a Washington, DC 20224. Paperwork Reduction Act of 1995, matter of public record. Comments are SUPPLEMENTARY INFORMATION: Public Law 104–13 (44 U.S.C. invited on: (a) Whether the collection of Title: Earnings Stripping (Section 3506(c)(2)(A)). Currently, the IRS is information is necessary for the proper 163(j)). soliciting comments concerning an performance of the functions of the OMB Number: 1545–1255. existing final regulation, INTL–24–94 agency, including whether the Regulation Project Number: INTL– (TD 8671), Taxpayer Identifying information shall have practical utility; 870–89. Numbers (TINs) (§ 301.6109–1). (b) the accuracy of the agency’s estimate Abstract: Internal Revenue Code DATES: Written comments should be of the burden of the collection of section 163(j) concerns the limitation on received on or before May 18, 1998 to information; (c) ways to enhance the the deduction for certain interest paid be assured of consideration. quality, utility, and clarity of the by a corporation to a related person. ADDRESSES: Direct all written comments information to be collected; (d) ways to This provision generally does not apply to Garrick R. Shear, Internal Revenue minimize the burden of the collection of to an interest expense arising in a Service, room 5571, 1111 Constitution information on respondents, including taxable year in which the payer Avenue NW., Washington, DC 20224. through the use of automated collection corporation’s debt-equity ratio is 1.5 to FOR FURTHER INFORMATION CONTACT: techniques or other forms of information 1 or less. Regulation section § 1.163(j)- Requests for additional information or technology; and (e) estimates of capital 5(d) provides a special rule for adjusting copies of the regulations should be or start-up costs and costs of operation, the basis of assets acquired in a directed to Carol Savage, (202) 622– maintenance, and purchase of services qualified stock purchase. This rule 3945, Internal Revenue Service, room to provide information. allows the taxpayer, in computing its 5569, 1111 Constitution Avenue NW., Approved: March 10, 1998. debt-equity ratio, to elect to write off the Washington, DC 20224. Garrick R. Shear, basis of the stock of the acquired corporation over a fixed stock write-off SUPPLEMENTARY INFORMATION: IRS Reports Clearance Officer. Title: Taxpayer Identifying Numbers period, instead of using the adjusted [FR Doc. 98–6752 Filed 3–16–98; 8:45 am] basis of the assets of the acquired (TINs). BILLING CODE 4830±01±U OMB Number: 1545–1461. corporation. Regulation Project Number: INTL–24– Current Actions: There is no change to 94. DEPARTMENT OF THE TREASURY this existing regulation. Abstract: This regulation relates to Type of Review: Extension of OMB requirements for furnishing a taxpayer Internal Revenue Service approval. identifying number on returns, Affected Public: Business or other for- statements, or other documents. [INTL±870±89] profit organizations. Procedures are provided for requesting Estimated Number of Respondents: Proposed Collection; Comment 2,300. a taxpayer identifying number for Request for Regulation Project certain alien individuals for whom a Estimated Time Per Respondent: 31 social security number is not available. AGENCY: Internal Revenue Service (IRS), minutes. The regulation also requires foreign Treasury. Estimated Total Annual Burden persons to furnish a taxpayer identifying ACTION: Notice and request for Hours: 1,196. number on their tax returns. comments. The following paragraph applies to all Current Actions: There is no change to of the collections of information covered this existing regulation. SUMMARY: The Department of the by this notice: Type of Review: Extension of a Treasury, as part of its continuing effort An agency may not conduct or currently approved collection. to reduce paperwork and respondent sponsor, and a person is not required to Affected Public: Individuals. burden, invites the general public and respond to, a collection of information The burden for the collection of other Federal agencies to take this unless the collection of information information is reflected in the burden opportunity to comment on proposed displays a valid OMB control number. for Form W–7, Application for IRS and/or continuing information Books or records relating to a collection Individual Tax Identification Number collections, as required by the of information must be retained as long (For Non-U.S. Citizens or Nationals). Paperwork Reduction Act of 1995, as their contents may become material 13102 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices in the administration of any internal ADDRESSES: Direct all written comments (b) the accuracy of the agency’s estimate revenue law. Generally, tax returns and to Garrick R. Shear, Internal Revenue of the burden of the collection of tax return information are confidential, Service, room 5571, 1111 Constitution information; (c) ways to enhance the as required by 26 U.S.C. 6103. Avenue NW., Washington, DC 20224. quality, utility, and clarity of the information to be collected; (d) ways to Request for Comments FOR FURTHER INFORMATION CONTACT: Requests for additional information or minimize the burden of the collection of Comments submitted in response to copies of the regulations should be information on respondents, including this notice will be summarized and/or directed to Carol Savage, (202) 622– through the use of automated collection included in the request for OMB 3945, Internal Revenue Service, room techniques or other forms of information approval. All comments will become a 5569, 1111 Constitution Avenue NW., technology; and (e) estimates of capital matter of public record. Comments are Washington, DC 20224. or start-up costs and costs of operation, invited on: (a) Whether the collection of SUPPLEMENTARY INFORMATION: maintenance, and purchase of services information is necessary for the proper Title: Reporting of Nonpayroll to provide information. performance of the functions of the Withheld Tax Liabilities. Approved: March 11, 1998. agency, including whether the OMB Number: 1545–1413. Garrick R. Shear, information shall have practical utility; Regulation Project Number: IA–30– IRS Reports Clearance Officer. (b) the accuracy of the agency’s estimate 95. of the burden of the collection of [FR Doc. 98–6754 Filed 3–16–98; 8:45 am] Abstract: This regulation relates to the BILLING CODE 4830±01±P information; (c) ways to enhance the reporting of nonpayroll withheld quality, utility, and clarity of the income taxes under section 6011 of the information to be collected; (d) ways to Internal Revenue Code. The regulations DEPARTMENT OF THE TREASURY minimize the burden of the collection of require a person to file Form 945, information on respondents, including Annual Return of Withheld Federal Internal Revenue Service through the use of automated collection Income Tax, only for a calendar year in [FI±221±83 and FI±100±83] techniques or other forms of information which the person is required to technology; and (e) estimates of capital withhold Federal income tax from or start-up costs and costs of operation, Proposed Collection; Comment nonpayroll payments. Request for Regulation Project maintenance, and purchase of services Current Actions: There is no change to to provide information. this existing regulation. AGENCY: Internal Revenue Service (IRS), Approved: March 10, 1998. Type of Review: Extension of a Treasury. Garrick R. Shear, currently approved collection. ACTION: Notice and request for IRS Reports Clearance Officer. Affected Public: Individuals or comments. households, business or other for-profit [FR Doc. 98–6753 Filed 3–16–98; 8:45 am] SUMMARY: The Department of the BILLING CODE 4830±01±P organizations, not-for-profit institutions, farms, and Federal, state, local or tribal Treasury, as part of its continuing effort governments. to reduce paperwork and respondent burden, invites the general public and DEPARTMENT OF THE TREASURY The burden for the collection of information is reflected in the burden other Federal agencies to take this Internal Revenue Service for Form 945, Annual Return of opportunity to comment on proposed Withheld Federal Income Tax. and/or continuing information collections, as required by the [IA±30±95] The following paragraph applies to all of the collections of information covered Paperwork Reduction Act of 1995, Proposed Collection; Comment by this notice: Public Law 104–13 (44 U.S.C. Request for Regulation Project An agency may not conduct or 3506(c)(2)(A)). Currently, the IRS is sponsor, and a person is not required to soliciting comments concerning an AGENCY: Internal Revenue Service (IRS), respond to, a collection of information existing notice of proposed rulemaking Treasury. unless the collection of information (FI–221–83) and temporary regulation ACTION: Notice and request for displays a valid OMB control number. (FI–100–83), Indian Tribal Governments comments. Books or records relating to a Treated as States for Certain Purposes collection of information must be (§§ 305.7701–1 and 305.7871–1). SUMMARY: The Department of the retained as long as their contents may DATES: Written comments should be Treasury, as part of its continuing effort become material in the administration received on or before May 18, 1998 to to reduce paperwork and respondent of any internal revenue law. Generally, be assured of consideration. burden, invites the general public and tax returns and tax return information ADDRESSES: Direct all written comments other Federal agencies to take this are confidential, as required by 26 to Garrick R. Shear, Internal Revenue opportunity to comment on proposed U.S.C. 6103. Service, room 5571, 1111 Constitution and/or continuing information Avenue NW., Washington, DC 20224. collections, as required by the Request for Comments FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, Pub. Comments submitted in response to Requests for additional information or L. 104–13 (44 U.S.C. 3506(c)(2)(A)). this notice will be summarized and/or copies of the regulation should be Currently, the IRS is soliciting included in the request for OMB directed to Carol Savage, (202) 622– comments concerning an existing final approval. All comments will become a 3945, Internal Revenue Service, room regulation, IA–30–95 (TD 8672), matter of public record. Comments are 5569, 1111 Constitution Avenue NW., Reporting of Nonpayroll Withheld Tax invited on: (a) Whether the collection of Washington, DC 20224. Liabilities (§ 31.6011(a)–4). information is necessary for the proper SUPPLEMENTARY INFORMATION: DATES: Written comments should be performance of the functions of the Title: Indian Tribal Governments received on or before May 18, 1998 to agency, including whether the Treated as States for Certain Purposes. be assured of consideration. information shall have practical utility; OMB Number: 1545–0823. Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices 13103

Regulation Project Number: FI–221– Approved: March 11, 1998. Type of Review: Extension of a 83 (notice of proposed rulemaking) and Garrick R. Shear, currently approved collection. FI–100–83 (temporary regulation). IRS Reports Clearance Officer. Affected Public: Individuals or Abstract: These regulations relate to [FR Doc. 98–6755 Filed 3–16–98; 8:45 am] households, business or other-for-profit the treatment of Indian tribal BILLING CODE 4830±01±P organizations, not-for-profit institutions governments as States for certain and state, local, or tribal governments. Federal tax purposes. The regulations Estimated Number of Respondents/ provide that if the governing body of a DEPARTMENT OF THE TREASURY Recordkeepers: 2,000. tribe, or its subdivision, is not Estimated Time Per Respondent/ Internal Revenue Service designated as an Indian tribal Recordkeeper: 21 hours, 30 minutes. government or subdivision thereof for Proposed Collection; Comment Estimated Total Annual Reporting/ purpose of sections 7701(a)(40) and Request for Revenue Procedure 98±22 Recordkeeping Burden Hours: 43,000. 7871 of the Internal Revenue Code, it The following paragraph applies to all may apply for a ruling to that effect from AGENCY: Internal Revenue Service (IRS), of the collections of information covered the Internal Revenue Service. Treasury. by this notice: Current Actions: There is no change to ACTION: Notice and request for An agency may not conduct or these existing regulations. comments. sponsor, and a person is not required to Type of Review: Extension of a SUMMARY: The Department of the respond to, a collection of information currently approved collection. Treasury, as part of its continuing effort unless the collection of information Affected Public: State, local or tribal to reduce paperwork and respondent displays a valid OMB control number. governments. burden, invites the general public and Books or records relating to a collection Estimated Number of Respondents: other Federal agencies to take this of information must be retained as long 25. opportunity to comment on proposed as their contents may become material Estimated Time Per Respondent: 1 and/or continuing information in the administration of any internal hour. collections, as required by the revenue law. Generally, tax returns and Paperwork Reduction Act of 1995, tax return information are confidential, Estimated Total Annual Burden as required by 26 U.S.C. 6103. Hours: 25. Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is REQUEST FOR COMMENTS: Comments The following paragraph applies to all soliciting comments concerning submitted in response to this notice will of the collections of information covered Revenue Procedure 98–22, Employee be summarized and/or included in the by this notice: Plans Compliance Programs. request for OMB approval. All An agency may not conduct or DATES: Written comments should be comments will become a matter of sponsor, and a person is not required to received on or before May 18, 1998 to public record. Comments are invited on: respond to, a collection of information be assured of consideration. (a) Whether the collection of unless the collection of information ADDRESSES: Direct all written comments information is necessary for the proper displays a valid OMB control number. to Garrick R. Shear, Internal Revenue performance of the functions of the Books or records relating to a collection Service, room 5571, 1111 Constitution agency, including whether the of information must be retained as long Avenue NW., Washington, DC 20224. information shall have practical utility; as their contents may become material FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the agency’s estimate in the administration of any internal of the burden of the collection of revenue law. Generally, tax returns and Requests for additional information or copies of the revenue procedure should information; (c) ways to enhance the tax return information are confidential, quality, utility, and clarity of the as required by 26 U.S.C. 6103. be directed to Carol Savage, (202) 622– 3945, Internal Revenue Service, room information to be collected; (d) ways to REQUEST FOR COMMENTS: Comments 5569, 1111 Constitution Avenue NW., minimize the burden of the collection of submitted in response to this notice will Washington, DC 20224. information on respondents, including through the use of automated collection be summarized and/or included in the SUPPLEMENTARY INFORMATION: request for OMB approval. All Title: Employee Plans Compliance techniques or other forms of information comments will become a matter of Programs. technology; and (e) estimates of capital public record. Comments are invited on: OMB Number: 1545–1598. or start-up costs and costs of operation, (a) Whether the collection of Revenue Procedure Number: Revenue maintenance, and purchase of services information is necessary for the proper Procedure 98–22. to provide information. performance of the functions of the Abstract: This revenue procedure Approved: March 11, 1998. agency, including whether the provides a comprehensive system of Garrick R. Shear, information shall have practical utility; correction programs for sponsors of IRS Reports Clearance Officer. (b) the accuracy of the agency’s estimate retirement plans that are intended to [FR Doc. 98–6756 Filed 3–16–98; 8:45 am] of the burden of the collection of satisfy the requirements of section information; (c) ways to enhance the 401(a) or 403(a) of the Internal Revenue BILLING CODE 4830±01±P quality, utility, and clarity of the Code, but that have not met these information to be collected; (d) ways to requirements for a period of time. This minimize the burden of the collection of system permits plan sponsors to correct UNITED STATES INFORMATION information on respondents, including these qualification failures and thereby AGENCY through the use of automated collection continue to provide their employees techniques or other forms of information with retirement benefits on a tax- USIA Seeks Private Sector Support for technology; and (e) estimates of capital favored basis. U.S. Pavilion at Hannover Expo 2000 or start-up costs and costs of operation, Current Actions: There are no changes maintenance, and purchase of services being made to the revenue procedure at AGENCY: United States Information to provide information. this time. Agency. 13104 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Notices

ACTION: Seeking private sector support Pavilion to cash or in-kind contributions USIA, 301 4th Street, S.W., Room 314, for U.S. Pavilion at Hannover Expo such as airline tickets, audio-visual Washington, DC 20547. All 2000. equipment, pavilion vehicles, guide correspondence will be considered. uniforms, etc. Sponsors may be fully Dated: March 11, 1998. SUMMARY: The United States Information credited as Official Sponsors of the U.S. Agency is seeking private sector support Pavilion. John G. Busch, for the United States Pavilion at the Senior Contracting Officer, Office of Hannover World’s Fair in the year 2000. FOR FURTHER INFORMATION CONTACT: Contracts. There is a wide range of tax deductible Mr. James E. Ogul, Hannover 2000 U.S. [FR Doc. 98–6889 Filed 3–16–98; 8:45 am] opportunities available, ranging from Coordinator, by telephone, at 202–260– BILLING CODE 8230±01±M taking responsibility for the entire U.S. 6511, or letter addressed to Mr. Ogul at 13105

Corrections Federal Register Vol. 63, No. 51

Tuesday, March 17, 1998

This section of the FEDERAL REGISTER March 12, 1998, make the following DEPARTMENT OF THE TREASURY contains editorial corrections of previously corrections: published Presidential, Rule, Proposed Rule, Customs Service and Notice documents. These corrections are PART 1000Ð[CORRECTED] prepared by the Office of the Federal 19 CFR Part 191 Register. Agency prepared corrections are 1. Appendices A and B to part 1000 issued as signed documents and appear in the appropriate document categories that appear on pages 12373 through [T.D. 98±16] elsewhere in the issue. 12374 should appear immediately following § 1000.558. RIN 1515±AB95 § 1005.101 [Corrected] DEPARTMENT OF HOUSING AND Drawback URBAN DEVELOPMENT 2. On page 12372, in the second column, in § 1005.101, in the 14th line, Correction 24 CFR Parts 1000 and 1005 after ‘‘and’’ insert ‘‘, after November 3, In rule document 98–5045 beginning 1998,’’. [Docket No. FR±4170±F±16] on page 10970, in the issue of Thursday, BILLING CODE 1505±01±D March 5, 1998, make the following RIN 2577±AB74 correction: Implementation of the Native American Housing Assistance and Self- Appendix A to Part 191 [Corrected] Determination Act of 1996; Final Rule On page 11041, in appendix A to part Correction 191, in the table, in each parallel In rule document 98–6283, beginning column, remove the last entry. on page 12334, in the issue of Thursday, BILLING CODE 1505±01±D federal register March 17,1998 Tuesday of WarandMissinginAction(POW/MIA) in AccountingforUnitedStatesPrisoners March 4,1998ÐVietnameseCooperation Presidential DeterminationNo.98±16of The President Part II 13107

13109

Federal Register Presidential Documents Vol. 63, No. 51

Tuesday, March 17, 1998

Title 3— Presidential Determination No. 98–16 of March 4, 1998

The President Vietnamese Cooperation in Accounting for United States Pris- oners of War and Missing in Action (POW/MIA)

Memorandum for the Secretary of State

As provided under section 609 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, Public Law 105–119, I hereby determine, based on all information available to the United States Government, that the Government of the Socialist Repub- lic of Vietnam is fully cooperating in good faith with the United States in the following four areas related to achieving the fullest possible accounting for Americans unaccounted for as a result of the Vietnam War: (1) resolving discrepancy cases, live sightings, and field activities; (2) recovering and repatriating American remains; (3) accelerating efforts to provide documents that will help lead to the fullest possible accounting of POW/MIAs; and (4) providing further assistance in implementing trilateral investigations with Laos. I further determine that the appropriate laboratories associated with POW/ MIA accounting are thoroughly analyzing remains, material, and other infor- mation, and fulfilling their responsibilities as set forth in subsection (B) of section 609, and information pertaining to this accounting is being made available to immediate family members in compliance with 50 U.S.C. 435 note. I have been advised by the Department of Justice and believe that section 609 is unconstitutional because it purports to use a condition on appropria- tions as a means to direct my execution of responsibilities that the Constitu- tion commits exclusively to the President. I am providing this determination as a matter of comity, while reserving the position that the condition enacted in section 609 is unconstitutional. In making this determination I have taken into account all information available to the United States Government as reported to me, the full range of ongoing accounting activities in Vietnam, including joint and unilateral Vietnamese efforts, and the concrete results we have attained as a result. Finally, in making this determination, I wish to reaffirm my continuing personal commitment to the entire POW/MIA community, especially to the immediate families, relatives, friends, and supporters of these brave individ- uals, and to reconfirm that the central, guiding principle of my Vietnam policy is to achieve the fullest possible accounting of our prisoners of war and missing in action. 13110 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Presidential Documents

You are authorized and directed to report this determination to the appro- priate committees of the Congress and to publish it in the Federal Register. œ–

THE WHITE HOUSE, Washington, March 4, 1998. [FR Doc. 98–7098 Filed 3–16–98; 10:20 am] Billing code 4710–10–P i

Reader Aids Federal Register Vol. 63, No. 51 Tuesday, March 17, 1998

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since E-mail infofedreg.nara.gov the revision date of each title. 1064...... 12417 Laws 3 CFR 1065...... 12417 Proclamations: For additional information 523±5227 1068...... 12417 7068...... 10289 1076...... 12417 Presidential Documents 7069...... 10487 1079...... 12417 Executive orders and proclamations 523±5227 7070...... 10489 1106...... 12417 The United States Government Manual 523±5227 7071...... 10741 1124...... 12417 7072...... 11983 1126...... 12417 7073...... 12973 1131...... 12417 Other Services 7074...... 12975 1134...... 12417 Electronic and on-line services (voice) 523±4534 Executive Orders: 1135...... 12417 523±3187 Privacy Act Compilation 12957 (See Notice of 1137...... 12417 Public Laws Update Service (numbers, dates, etc.) 523±6641 March 4, 1998)...... 11099 1138...... 12417 TDD for the hearing impaired 523±5229 12959 (See Notice of 1139...... 12417 March 4, 1998)...... 11099 13059 (See Notice of 8 CFR ELECTRONIC BULLETIN BOARD March 4, 1998)...... 11099 103...... 12979 Free Electronic Bulletin Board service for Public Law numbers, 13077...... 12381 204...... 12979 Federal Register finding aids, and list of documents on public Administrative Orders: 208...... 12979 inspection. 202±275±0920 Presidential Determinations: 209...... 12979 No. 98±15 of February PUBLIC LAWS ELECTRONIC NOTIFICATION SERVICE (PENS) 244...... 12979 26, 1998 ...... 12937 245...... 12979 Free electronic mail notification of newly enacted Public Laws is No. 98±16 of March 4, 264...... 12979 now available. To subscribe, send E-mail to listprocetc.fed.gov 1998 ...... 13109 299...... 12979 with the text message: subscribe PUBLAWS-L (your name). The Memorandums: 316...... 12979 text of laws is not available through this service. PENS cannot March 5, 1998 ...... 12377 332...... 12979 respond to specific inquiries sent to this address. 335...... 12979 5 CFR 9 CFR FEDERAL REGISTER PAGES AND DATES, MARCH 880...... 10291 2...... 10493 7 CFR 10123±10288...... 2 3...... 10493 10289±10490...... 3 2...... 11101 94...... 120603 10491±10742...... 4 301...... 12603 381...... 11359 319...... 12383 10743±11098...... 5 417...... 11104 723...... 11581 11099±11358...... 6 Proposed Rules: 900...... 10491 11359±11580...... 9 92...... 12700 929...... 10491 93...... 12700 11581±11818...... 10 966...... 12396 94...... 12700 11819±11984...... 11 980...... 12396 95...... 12700 11985±12382...... 12 982...... 10491 96...... 12700 12383±12602...... 13 989...... 10491, 11585 97...... 12700 12603±12976...... 16 999...... 12977 98...... 12700 12977±13110...... 17 1496...... 11101 130...... 12700 1728...... 11589 145...... 12036 Proposed Rules: 1000...... 12417 10 CFR 1001...... 12417 9...... 12988 1002...... 12417 600...... 10499 1004...... 12417 Proposed Rules: 1005...... 12417 Ch. I ...... 11169 1006...... 12417 72...... 12040 1007...... 12417 430...... 10571 1012...... 12417 1013...... 12417 11 CFR 1030...... 12417 Proposed Rules: 1032...... 12417 100...... 10783 1033...... 12417 114...... 10783 1036...... 12417 1040...... 12417 12 CFR 1044...... 12417 357...... 10293 1046...... 12417 575...... 11361 1049...... 12417 614...... 10515, 12401 1050...... 12417 627...... 12401 ii Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Reader Aids

701...... 10743 19 CFR 28 CFR 264...... 11124 704...... 10743 7...... 10970 60...... 11119 265...... 11124 708...... 10515, 10518 10...... 10970 61...... 11120 300...... 11332, 11375 712...... 10743 721...... 11608 19...... 11825 Proposed Rules: 740...... 10743 101...... 11825, 12994 511...... 11818 Proposed Rules: Proposed Rules: 133...... 11996 52 ...... 11386, 11387, 11643, 202...... 12326 142...... 12995 29 CFR 11862, 11863, 11864, 11865 203...... 12329 145...... 10970 4044...... 12411 62...... 11643 210...... 12700 81...... 11865 146...... 11825 Proposed Rules: 229...... 12700 161...... 11825 2200...... 10166 131...... 10799 357...... 10349 173...... 10970 180...... 10352, 10722 174...... 10970 30 CFR 264...... 11200 13 CFR 178...... 10970 7...... 12647 265...... 11200 115...... 12605 181...... 10970 31...... 12647 300...... 10582, 11340 191...... 10970, 13105 32...... 12647 721...... 11643 14 CFR Proposed Rules: 36...... 12647 42 CFR 25...... 12862 101...... 13025 70...... 12647 400...... 11147 39 ...... 10295, 10297, 10299, 122...... 11383, 13025 75...... 12647 409...... 11147 10301, 10519, 10523, 10527, 870...... 10307 20 CFR 410...... 11147 10758, 11106, 11108, 11110, 914...... 12648 411...... 11147 11112, 11113, 11114, 11116, Proposed Rules: 916...... 10309 412...... 11147 11367, 11819, 11820, 11821, 404...... 11854 918...... 11829 413...... 11147 11823, 11985, 11987, 12401, 422...... 11856 943...... 10317 424...... 11147 12403, 12405, 12407, 12408, Proposed Rules: 21 CFR 440...... 11147 12605, 12607, 12609, 12611, 206...... 11384 441...... 10730 12613, 12614, 12615, 12617 14...... 11596 243...... 11634 485...... 11147 71 ...... 11118, 11989, 11990, 104...... 11597 250...... 11385, 11634 488...... 11147 11991, 12410, 12618, 12619, 173...... 11118 290...... 11634 489...... 10730, 11147 12620, 12622, 12623, 12624, 510...... 11597 498...... 11147 12625, 12627, 12628, 12629, 514...... 10765 31 CFR 12630, 12632, 12633, 12634, 522...... 11597 358...... 11354 Proposed Rules: 12635, 12637, 12638, 12639, 558 ...... 10303, 11598, 11599 500...... 10321 Ch. IV...... 10732 12640, 12988, 12989, 12991, 1220...... 12996 505...... 10321 411...... 11649 12992 Proposed Rules: 515...... 10321 424...... 11649 91...... 10123 184...... 12421 435...... 11649 97 ...... 10760, 10761, 10763, 314...... 11174 32 CFR 455...... 11649 809...... 10792 11992, 11994, 11995 21...... 12152 43 CFR 382...... 10528, 11954 864...... 10792 22...... 12152 1274...... 12992 880...... 11632 23...... 12152 Proposed Rules: 28...... 12152 4...... 11634 Proposed Rules: 22 CFR 39 ...... 10156, 10157, 10349, 32...... 12152 414...... 12068 41...... 10304, 13026 10572, 10573, 10576, 10579, 34...... 12152 44 CFR 10783, 11169, 11171, 11381, 40a...... 11831 24 CFR 11631, 12042, 12418, 12419, 220...... 11599 64...... 11609 12707, 12709, 13013 597...... 10714 Proposed Rules: 65...... 10144, 10147 71 ...... 11382, 11853, 12043, 888...... 11956 220...... 11635 67...... 10150 12044, 12045, 12047, 12048, 950...... 12334 323...... 11198 Proposed Rules: 12049, 12050, 12051, 12052, 953...... 12334 507...... 11858 67...... 10168 12053, 12054, 12055, 12710, 955...... 12334 206...... 10816 12712, 13015, 13016 1000...... 12334, 13105 33 CFR 45 CFR 1003...... 12334 117 ...... 10139, 10777, 11600 15 CFR 1005...... 12334, 13105 Proposed Rules: 1305...... 12652 70...... 10303 Proposed Rules: 117...... 11641, 11642 1611...... 11376 902...... 11591 206...... 12930 Proposed Rules: 38 CFR 283...... 10264 Proposed Rules: 25 CFR 960...... 10785 2...... 11121 307...... 10173 256...... 10124 2004...... 10159 3...... 11122 1215...... 12068 514...... 12312 17...... 11123 1602...... 11393 16 CFR Proposed Rules: 36...... 12152 2507...... 12068 Ch. III...... 10798, 12323 1203...... 11712 518...... 12319 39 CFR 46 CFR Proposed Rules: Proposed Rules: 56...... 10547 Ch. II ...... 13017 26 CFR 111...... 11199, 12864 71...... 10777 1700...... 13019 1 ...... 10305, 10772, 12410, 12641 40 CFR 47 CFR 17 CFR Proposed Rules: 52 ...... 11370, 11372, 11600, 1 ...... 10153, 10780, 12013, 1...... 11368 1 ...... 11177, 11954, 12717 11831, 11833, 11836, 11839, 12658 5...... 11368 301...... 10798 11840, 11842 21...... 12658 31...... 11368 62...... 11606 22...... 10338 Proposed Rules: 27 CFR 81 ...... 11842, 12007, 12652 24 ...... 10153, 10338, 12658 1...... 12713, 13025 9...... 11826 82...... 11084 26...... 12658 200...... 11173 55...... 12643 86...... 11374, 11847 27...... 10338, 12658 230...... 10785 72...... 12643 131...... 10140 64...... 11612 240 ...... 11173, 12056, 12062 178...... 12643 180 ...... 10537, 10543, 10545, 73 ...... 10345, 10346, 11376, 249...... 11173 179...... 12643 10718 11378, 11379, 12412, 12413 Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Reader Aids iii

90...... 10338, 12658 242...... 11522 Proposed Rules: 386...... 12413 95...... 12658 243...... 11522 32...... 11074 571...... 12660 101 ...... 10338, 10778, 10780 250...... 11522 52...... 11074 Proposed Rules: Proposed Rules: 252 ...... 10499, 11522, 11850 232...... 11074 383...... 10180 1...... 10180 253...... 11522 252...... 11074 384...... 10180 25...... 11202 Ch. V...... 12969 806...... 11865 571...... 10355 73 ...... 10354, 10355, 11400, 532...... 12660 49 CFR 653...... 10183 11401, 12426, 12427, 13027 552...... 12660 654...... 10183 100...... 11202 927...... 10499 1...... 10781 952...... 10499 191...... 12659 48 CFR 192...... 12659 970...... 10499 50 CFR 194...... 10347 201...... 11522 1511...... 10548 17...... 12664 195...... 12659 202...... 11522 1515...... 10548 21...... 10550 199...... 12998 204...... 11522 1552...... 11074 38...... 11624 209...... 11618 209...... 11522, 11850 1801...... 11479 300...... 13000 212...... 11522, 11850 213...... 11618 1802...... 11479 600...... 10677 213...... 11850 214...... 11618 1803...... 11479 622 ...... 10154, 10561, 11628 214...... 11522 215...... 11618 1804...... 11479 630...... 12687 215...... 11522 216...... 11618 1805...... 11479 648 ...... 11160, 11591, 11852 216...... 11522 217...... 11618 660...... 10677 217...... 11522, 11850 1806...... 12997 218...... 11618 219...... 11522 1807...... 12997 219...... 11618 679 ...... 10569, 11160, 11161, 222...... 11850 1814...... 11479 220...... 11618 11167, 11629, 12027, 12415, 223...... 11522 1815...... 11479 221...... 11618 12416, 12688, 12689, 12697, 225...... 11522 1816...... 11479, 12997 223...... 11618 12698, 13009 226...... 11522 1817...... 11479 225...... 11618 697...... 10154 227...... 11522 1819...... 12997 228...... 11618 Proposed Rules: 229...... 11522 1832...... 11479 229...... 11618 17...... 10817 231...... 11522, 12862 1834...... 11479 230...... 11618 222...... 11482 232...... 11522 1835...... 11479 231...... 11618 226 ...... 11482, 11750, 11774 233...... 11522 1837...... 12997 232...... 11618 227 ...... 11482, 11750, 11774, 234...... 11522 1842...... 11479 233...... 11618 11798 235...... 11522 1844...... 11479 234...... 11618 300...... 11401, 11649 236...... 11522 1852...... 11479 235...... 11618 600...... 11402, 12427 237...... 11522 1853...... 11479 236...... 11618 648...... 13028 239...... 11522 1871...... 11479 240...... 11618 679...... 10583 241...... 11522 1872...... 11479 377...... 11624 iv Federal Register / Vol. 63, No. 51 / Tuesday, March 17, 1998 / Reader Aids

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