5–23–00 Tuesday Vol. 65 No. 100 May 23, 2000 Pages 33247–33428
Editorial Note: In the issue of Monday, May 22, 2000 the inside cover should read 32007–33246. In addition, page 32241 should read 32241–33241.
VerDate 11-MAY-2000 17:49 May 22, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\23MYWS.LOC pfrm11 PsN: 23MYWS
1 II Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000
The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512–1803 Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 523–5243 Assistance with Federal agency subscriptions 523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and it includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $638, or $697 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $253. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $9.00 for each issue, or $9.00 for each group of pages as actually bound; or $2.00 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 65 FR 12345.
.
VerDate 11-MAY-2000 17:49 May 22, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\23MYWS.LOC pfrm11 PsN: 23MYWS
2 III
Contents Federal Register Vol. 65, No. 100
Tuesday, May 23, 2000
Agriculture Department Sigma Chemical Co., 33355–33356 See Foreign Agricultural Service See National Agricultural Statistics Service Education Department NOTICES Army Department Agency information collection activities: See Engineers Corps Submission for OMB review; comment request, 33308– NOTICES 33309 Environmental statements; availability, etc.: Grants and cooperative agreements; availability, etc.: Base realignment and closure— Special education and rehabilitative services— Fort Chaffee, AR, 33301–33302 Children with disabilities programs, 33309–33312
Centers for Disease Control and Prevention Employment and Training Administration NOTICES NOTICES Grant and cooperative agreement awards: Agency information collection activities: National Conference of State Legislatures, 33327–33329 Proposed collection; comment request, 33359–33360
Coast Guard Energy Department RULES See Federal Energy Regulatory Commission NOTICES Ports and waterways safety: Committees; establishment, renewal, termination, etc.: Chesapeake Bay, Baltimore, MD; transit of sailing vessel Environmental Management Site-Specific Advisory Amerigo Vespucci; safety zone, 33258–33259 Board, 33312 Regattas and marine parades, anchorage regulations, and Grants and cooperative agreements; availability, etc.: ports and waterways safety: Chemical and Biological Nonproliferation Program, OPSAIL 2000, Baltimore, MD; regulated areas, 33255– 33312–33313 33258 NOTICES Engineers Corps Agency information collection activities: PROPOSED RULES Proposed collection; comment request, 33399 Danger zones and restricted areas: New River, NC; U.S. Marine Corps waterborne refueling Commerce Department training operation in Morgan Bay sector, 33425– See Foreign-Trade Zones Board 33426 See International Trade Administration See National Oceanic and Atmospheric Administration Environmental Protection Agency RULES Copyright Office, Library of Congress Air quality implementation plans; approval and PROPOSED RULES promulgation; various States: Copyright office and procedures: California, 33259–33260 Sound recordings, public performance; service definition, Pesticides; tolerances in food, animal feeds, and raw 33266–33268 agricultural commodities: Vinclozolin, 33260–33262 Customs Service Water pollution; effluent guidelines for point source RULES categories: Inspection, search, and seizure: Waste combustors Controlled substances; summary forfeiture, 33254–33255 Correction, 33423 Merchandise, special classes: PROPOSED RULES Softwood lumber shipments from Canada, 33251–33253 Air quality implementation plans: Preparation, adoption, and submittal— Defense Department Consolidated emissions reporting, 33268–33280 See Army Department Air quality implementation plans; approval and See Engineers Corps promulgation; various States: See Navy Department California, 33280–33281 PROPOSED RULES NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities: Information technology; interagency acquisition by Submission for OMB review; comment request, 33317– executive agent; withdrawn, 33427–33428 33318 Meetings: Drug Enforcement Administration Science Advisory Board; correction, 33318 NOTICES Pesticide, food, and feed additive petitions: Applications, hearings, determinations, etc.: Natural Plant Products S.A., 33319–33322 Isotec Inc., 33354 Reports and guidance documents; availability, etc.: Novartis Pharmaceutical Corp., 33354 Lakes and reservoirs; nutrient critical technical guidance Radian International LLC, 33354–33355 manual, 33322–33323
VerDate 11
Executive Office of the President Federal Reserve System See Presidential Documents NOTICES Banks and bank holding companies: Federal Aviation Administration Formations, acquisitions, and mergers, 33324–33325 RULES Permissible nonbanking activities, 33325 Class E airspace, 33250–33251 Meetings: Consumer Advisory Council, 33325–33326 Federal Communications Commission Fish and Wildlife Service PROPOSED RULES PROPOSED RULES Common carrier services: Endangered and threatened species: Carrier identification codes; ‘‘soft slamming’’ and carrier Dusky gopher frog; Mississippi gopher frog distinct identification problems arising from shared use, and population segment, 33283–33291 resellers requirement to obtain own codes, 33281– NOTICES 33283 Comprehensive conservation plans; availability, etc.: Salinas River National Wildlife Refuge, Ca, 33347–33348 Federal Deposit Insurance Corporation Environmental statements; availability, etc.: Incidental take permits— NOTICES Agency information collection activities: Bastrop County, TX; Houston toad, 33348–33349 Submission for OMB review; comment request, 33323– Food and Drug Administration 33324 NOTICES Agency information collection activities: Federal Energy Regulatory Commission Submission for OMB review; comment request, 33329– NOTICES 33330 Environmental statements; availability, etc.: Meetings: PacifiCorp et al., 33315–33316 Psychopharmacological Drugs Advisory Committee, Hydroelectric applications, 33316 33330 Applications, hearings, determinations, etc.: Memorandums of understanding: Columbia Gulf Transmission Co., 33313 Food Safety and Inspection Service; food ingredients and Northern Natural Gas Co., 33314 radiation sources used in meat and poultry products Pacific Gas & Electric Co., 33314 production; listing or approval, 33330–33334 Pine Needle LNG Co., LLC, 33314 Transwestern Pipeline Co., 33314–33315 Foreign Agricultural Service Trunkline Gas Co., 33315 NOTICES Agency information collection activities: Proposed collection; comment request, 33292–33293 Federal Law Enforcement Training Center NOTICES Foreign-Trade Zones Board Meetings: NOTICES National Center for State and Local Law Enforcement Applications, hearings, determinations, etc.: Training Center Advisory Committee, 33421 North Carolina Consolidated Diesel Co. (Inc.); spark-ignition and diesel Federal Motor Carrier Safety Administration engine manufacturing facilities, 33294 NOTICES South Carolina Agency information collection activities: Hubner Manufacturing Corp.; industrial bellows/ Proposed collection; comment request, 33399–33400 molded parts manufacturing facility, 33295 Motor carrier safety standards: Driver qualifications— General Services Administration Allen, Elijah, Jr., et al.; vision requirement exemptions, PROPOSED RULES 33406–33414 Federal Acquisition Regulation (FAR): Haugen, Eldo J., et al.; vision requirement exemptions Information technology; interagency acquisition by denied, 33400–33406 executive agent; withdrawn, 33427–33428 NOTICES Environmental statements; notice of intent: Federal Railroad Administration Springfield, MA; U.S. Courthouse, 33326 RULES Steam locomotives; inspection and maintenance standards; Health and Human Services Department public meetings, 33262 See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Exemption petitions, etc.: See National Institutes of Health Apalachicola Northern Railroad Co., 33414 See Public Health Service Carolina Rail Services, Inc., 33414–33415 See Substance Abuse and Mental Health Services Central Montana Rail, Inc., 33415 Administration Pioneer Valley Railroad, 33415–33416 NOTICES York Railway Co., 33416 Agency information collection activities: Safety advisories, bulletins, and directives: Submission for OMB review; comment request, 33326 RoadRailer trailers; securement of floor beam cross- Meetings: members, 33416–33417 National Bioethics Advisory Commission, 33326–33327
VerDate 11
Immigration and Naturalization Service National Institutes of Health NOTICES NOTICES Temporary protected status program designations: Agency information collection activities: Kosovo Province; termination, 33356–33358 Proposed collection; comment request, 33334–33335 Meetings: Indian Affairs Bureau Chronic Fatigue Syndrome Coordinating Committee, NOTICES 33335 Tribal-State Compacts approval; Class III (casino) gambling: National Cancer Institute, 33335–33336 Coushatta Tribe of Louisiana; correction, 33423 National Center for Research Resources, 33336–33337 National Heart, Lung, and Blood Institute, 33337 Interior Department National Institute of Allergy and Infectious Diseases, See Fish and Wildlife Service 33342 See Indian Affairs Bureau National Institute of Child Health and Human See Land Management Bureau Development, 33339–33342 See National Park Service National Institute of Dental and Craniofacial Research, 33339–33341 International Trade Administration National Institute of Diabetes and Digestive and Kidney NOTICES Diseases, 33343 Antidumping: National Institute of Mental Health, 33342–33343 Fresh garlic from— National Institute of Nursing Research, 33342 China, 33295–33297 National Institute on Aging, 33340 Freshwater crawfish tail meat from— National Institute on Drug Abuse, 33337–33339 China, 33297 Scientific Review Center, 33343–33344 Silicon metal from— Brazil, 33297–33298 Antidumping and countervailing duties: National Oceanic and Atmospheric Administration Brass sheet and strip from— RULES Various countries, 33295 Fishery conservation and management: Applications, hearings, determinations, etc.: West Coast States and Western Pacific fisheries— University of— Pacific Coast groundfish; correction, 33423 Wisconsin-Milwaukee, 33298 NOTICES Agency information collection activities: Justice Department Proposed collection; comment request, 33298–33299 See Drug Enforcement Administration Meetings: See Immigration and Naturalization Service Gulf of Mexico Fishery Management Council, 33299– See Prisons Bureau 33300 Pacific Fishery Management Council, 33300 Labor Department See Employment and Training Administration National Park Service See Occupational Safety and Health Administration NOTICES See Pension and Welfare Benefits Administration Native American human remains and associated funerary NOTICES objects: Meetings: 611th Air Support Group, Elmendorf Air Force Base, Trade Negotiations and Trade Policy Labor Advisory AK— Committee, 33358–33359 Inventory from Shemya Island, AK, 33349–33350 Land Management Bureau Agate Fossil Beds National Monument, National Park NOTICES Service, Harrison, NE, et al.— Withdrawal and reservation of lands: Inventory from Nebraska panhandle region, 33350– Wyoming, 33349 33351 National Museum of Health and Medicine, Armed Forces Library of Congress Institute of Pathology, Washington, DC— See Copyright Office, Library of Congress Native Hawaiian remains, 33351–33352 Public Museum of Grand Rapids, MI— Maritime Administration Marpiya Okinajin; Dakota man executed in 1862 NOTICES following United States-Dakota War, 33352–33353 Agency information collection activities: San Diego Archaeological Center, San Diego CA— Submission for OMB review; comment request, 33418 Projectile points and beads from Santee Greens Site, CA, 33353 National Aeronautics and Space Administration PROPOSED RULES National Science Foundation Federal Acquisition Regulation (FAR): NOTICES Information technology; interagency acquisition by Antarctic Conservation Act of 1978; permit applications, executive agent; withdrawn, 33427–33428 etc., 33377–33378 National Agricultural Statistics Service NOTICES National Transportation Safety Board Agency information collection activities: NOTICES Proposed collection; comment request, 33293–33294 Meetings; Sunshine Act, 33378
VerDate 11
Navy Department National Association of Securities Dealers, Inc., 33384– NOTICES 33396 Environmental statements; availability, etc.: New York Stock Exchange, Inc., 33396–33398 Base realignment and closure— Naval Air Station Agana, GU, 33302–33308 Small Business Administration RULES Nuclear Regulatory Commission Small business size standards: NOTICES 8(a) business development/small disadvantaged business Applications, hearings, determinations, etc.: status determinations, 33249–33250 Public Service Electric & Gas Co., 33378–33380 NOTICES Occupational Safety and Health Administration Agency information collection activities: Submission for OMB review; comment request, 33398 PROPOSED RULES Occupational safety and health standards: Ergonomics program— State Department State and local governments, Postal Service, and NOTICES railroads; economic impact; comment request, Meetings: 33263–33265 Shipping Coordinating Committee, 33398–33399
Pension and Welfare Benefits Administration Statistical Reporting Service NOTICES See National Agricultural Statistics Service Employee benefit plans; prohibited transaction exemptions: Banc Funds Co., LLC, et al., 33360–33376 Substance Abuse and Mental Health Services Texas Iron Workers and Employers et al., 33376–33377 Administration NOTICES Presidential Documents Grants and cooperative agreements; availability, etc.: PROCLAMATIONS HIV Services Integration Planning, 33345–33347 Special observances: Safe Boating Week, National (Proc. 7309), 33247–33248 Transportation Department Prisons Bureau See Coast Guard NOTICES See Federal Aviation Administration Environmental statements; notice of intent: See Federal Motor Carrier Safety Administration Fresno County, CA; medium-security or high-security See Federal Railroad Administration Federal correctional facility, 33358 See Maritime Administration See Research and Special Programs Administration Public Health Service See Centers for Disease Control and Prevention Treasury Department See Food and Drug Administration See Customs Service See National Institutes of Health See Federal Law Enforcement Training Center See Substance Abuse and Mental Health Services Administration Veterans Affairs Department NOTICES NOTICES Meetings: Legal interpretations; General Counsel-precedent opinions: National Toxicology Program— Veterans’ benefits under VA administered laws; Center for Evaluation of Risks to Human Reproduction; summary, 33421–33422 phthalates review; comment request, 33344–33345 Railroad Retirement Board NOTICES Separate Parts In This Issue Meetings: Actuarial Advisory Committee, 33380 Part II Department of Army, Corps of Engineer, 33425–33426 Research and Special Programs Administration NOTICES Part III Hazardous materials: Departmment of Defense, General Services Administration, Applications; exemptions, renewals, etc., 33418–33421 National Aeronautics and Space Administration, Securities and Exchange Commission 33427–33428 NOTICES Investment Company Act of 1940: Order applications— Reader Aids Northbrook Life Insurance Co. et al., 33380–33383 Consult the Reader Aids section at the end of this issue for Self-regulatory organizations; proposed rule changes: phone numbers, online resources, finding aids, reminders, Chicago Stock Exchange, Inc., 33383–33384 and notice of recently enacted public laws.
VerDate 11
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 Proclamations 7309...... 33247 13 CFR 124...... 33249 14 CFR 71...... 33250 19 CFR 12...... 33251 162...... 33254 29 CFR Proposed Rules: 1910...... 33263 33 CFR 100...... 33255 110...... 33255 165 (2 documents) ...... 33255, 33258 Proposed Rules: 334...... 33426 37 CFR Proposed Rules: 201...... 33266 40 CFR 52...... 33259 180...... 33260 444...... 33423 Proposed Rules: 51...... 33268 52...... 33280 47 CFR Proposed Rules: 64...... 33281 48 CFR Proposed Rules: 17...... 33428 49 CFR 209...... 33262 230...... 33262 50 CFR 600...... 33423 660...... 33423 Proposed Rules: 17...... 33283
VerDate 11-MAY-2000 17:52 May 22, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\23MYLS.LOC pfrm11 PsN: 23MYLS 33247
Federal Register Presidential Documents Vol. 65, No. 100
Tuesday, May 23, 2000
Title 3— Proclamation 7309 of May 18, 2000
The President National Safe Boating Week, 2000
By the President of the United States of America
A Proclamation
Living in a country bordered by oceans and blessed with abundant lakes and rivers, Americans have made recreational boating one of our Nation’s most popular pastimes. Each year, more than 74 million Americans take to the water with family and friends to relax and enjoy the beauty of the natural world. But each year, for too many Americans, boating ends in tragedy. Most boating-related injuries and deaths are the result of human error and poor judgment, caused, for example, by excessive speed, failure to follow safe navigation rules, and drinking or taking drugs while operating watercraft. These injuries could easily be prevented by using common sense and making safety the first priority. Boating accidents can occur at any time—whether the water is smooth or turbulent and whether the boater is experienced or a novice. One of the best ways to make a recreational boating experience safe and enjoyable is to ensure that everyone on board always wears a life jacket. To reinforce this lifesaving message, the National Safe Boating Campaign has once again selected the theme ‘‘Boat Smart from the Start! Wear Your Life Jacket!’’ for this year’s observance. Recreational boating organizations, including the National Safe Boating Council and the National Association of State Boating Law Administrators, as well as the U.S. Coast Guard, other Federal agencies, and State and local governments, are continuing to promote safety through education by emphasizing the importance of wearing life jackets and prac- ticing boating and water safety. In recognition of the importance of safe boating practices, the Congress, by joint resolution approved June 4, 1958 (36 U.S.C. 131), as amended, has authorized and requested the President to proclaim annually the 7- day period ending on the last Friday before Memorial Day as ‘‘National Safe Boating Week.’’ NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim May 20 through May 26, 2000, as National Safe Boating Week. I encourage the governors of the 50 States and the Commonwealth of Puerto Rico, and officials of other areas subject to the jurisdiction of the United States, to join in observing this occasion and to urge all Americans to use safe boating practices throughout the year.
VerDate 11
IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of May, in the year of our Lord two thousand, and of the Independence of the United States of America the two hundred and twenty-fourth. œ–
[FR Doc. 00–13063 Filed 5–22–00; 8:45 am] Billing code 3195–01–P
VerDate 11
Rules and Regulations Federal Register Vol. 65, No. 100
Tuesday, May 23, 2000
This section of the FEDERAL REGISTER clarify the applicability of this final or disadvantaged ownership or control, contains regulatory documents having general rule. continues to have the right to appeal to applicability and legal effect, most of which As indicated above, this rule is SBA’s Office of Hearings and Appeals are keyed to and codified in the Code of effective on the date of publication. An (OHA). The applicant also has the Federal Regulations, which is published under immediate effective date will avoid any option to forego the reconsideration 50 titles pursuant to 44 U.S.C. 1510. unnecessary delay in the process and appeal the AA/SDBCE’s The Code of Federal Regulations is sold by implementation of the rule and any initial decision to OHA, or to request the Superintendent of Documents. Prices of resulting interference in the efficient reconsideration and if declined a second new books are listed in the first FEDERAL administration of the SDB certification time solely on those grounds, to appeal REGISTER issue of each week. process. To ensure that all current SDB the AA/SDBCE’s reconsideration applicants are afforded the same decision. opportunity for a reconsideration of the SMALL BUSINESS ADMINISTRATION Compliance With Executive Orders AA/SDBCE’s negative determination of 13132, 12988, and 12866, the SDB eligibility, this rule applies to all 13 CFR Part 124 Regulatory Flexibility Act (5 U.S.C. 601, applications for SDB certification et seq.), and the Paperwork Reduction 8(a) Business Development/Small submitted on or after the effective date Act (44 U.S.C. Ch. 35) of this rule, to all SDB applications Disadvantaged Business Status This final rule does not constitute a Determinations pending before a Private Certifier or the AA/SDBCE as of the rule’s effective significant regulatory action as defined by Executive Order 12866, in that it is AGENCY: Small Business Administration date, to any declined application where (SBA). no appeal was filed at the Office of not likely to have an annual economic effect of $100 million or more on the ACTION: Final rule. Hearings and Appeals (OHA) and applications that are pending appeals at economy, result in a major increase in costs or prices, or have a significant SUMMARY: OHA. This final rule amends SBA’s adverse effect on competition or the regulations governing the Small Since SBA received no other comments concerning the proposed United States economy. SBA certifies Disadvantaged Business (SDB) program. that this final rule will not have a The rule establishes a formal rule, this final rule is identical in all respects to the proposed rule which significant economic impact on a reconsideration process for applicants substantial number of small entities SBA published on March 10. Under this declined certification as an SDB. within the meaning of the Regulatory rule, applicants denied SDB DATES: This rule is effective on May 23, Flexibility Act, 5 U.S.C. 601, et seq., certification have 45 days from the date 2000. since it is a procedural amendment to of the AA/SDBCE’s written decision, to the SDB certification process that would FOR FURTHER INFORMATION CONTACT: request that the AA/SDBCE reconsider not impose any mandatory requirements Terri Dickerson, Acting Assistant the decline. As part of the request for on SDB applicants or deprive them of Administrator, Office of Small reconsideration, applicants requesting any existing rights under governing SBA Disadvantaged Business Certification reconsideration may submit additional and Eligibility, 202–619–1727. regulations. evidence to show that they have For purposes of the Paperwork SUPPLEMENTARY INFORMATION: On March overcome the reason(s) for the AA/ Reduction Act of 1995 (Public Law 104– 10, 2000, SBA published in the Federal SDBCE’s denial. If the AA/SDBCE once 13), SBA certifies that this final rule Register a proposed rule to amend again declines the application solely on imposes no new reporting or SBA’s regulations governing the Small grounds that were not included in the recordkeeping requirements on firms Disadvantaged Business (SDB) program. original denial letter, the AA/SDBCE is applying to be certified as an SDB. The See 65 FR 12955. The rule proposed to required to grant the applicant an rule grants certain SDB applicants the grant applicants declined SDB additional 45-day period to request that right to submit evidence to SBA that certification, a 45-day period to request the AA/SDBCE reconsider the new basis they are socially and economically that the Assistant Administrator, Office for denial. If, however, the AA/SDBCE disadvantaged, that they are citizens of of Small Disadvantaged Business determines that the applicant is the United States, and that they own Certification and Eligibility (AA/ ineligible for SDB certification for one and control the applicant concern. This SDBCE) reconsider the decline. The or more of the same reason(s) as rule does not require an SDB, once proposed rule was designed to improve addressed in the original decline, the certified, to report any other information the efficiency and effectiveness of the applicant is not entitled to a second to SBA or to maintain additional certification process, by providing a reconsideration. records. formal mechanism to enable SDB This final rule does not affect an For purposes of Executive Order applicants to immediately correct applicant’s right under the current 13 13132, SBA has determined that this deficiencies in their SDB application. CFR 124.1008(f)(3) to appeal the AA/ rule does not have sufficient federalism SBA received one timely comment SDBCE’s decision denying eligibility implications to warrant the preparation concerning the proposed regulation. The nor does it affect an applicant’s right of a Federalism Assessment. commenter supported the proposed with respect to ownership and control For purposes of Executive Order amendment, but requested that SBA determinations of Private Certifiers. An 12988, SBA certifies that this rule is indicate whether the reconsideration applicant denied SDB certification drafted, to the extent practicable, in process would apply to pending SDB based solely on reasons of social accordance with the standards set forth applications. SBA agrees that it should disadvantage, economic disadvantage, in Section 3 of that Order.
VerDate 11
List of Subjects in 13 CFR Part 124 DEPARTMENT OF TRANSPORTATION Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: Government procurement, Minority Federal Aviation Administration (816) 329–2525. businesses, Tribally owned concerns, Hawaiian Natives, Reporting and 14 CFR Part 71 SUPPLEMENTARY INFORMATION: The FAA recordkeeping requirements, and has developed RNAV RWY 17 and Technical assistance. [Airspace Docket No. 00±ACE±7] RNAV RWY 35 SIAPs to serve the Accordingly, for the reasons set forth Amendment to Class E Airspace; Hampton Municipal Airport, IA. The above, SBA amends title 13, CFR as Hampton, IA amendment to Class E airspace at follows: Hampton, IA, will provide additional AGENCY: Federal Aviation controlled airspace at and above 700 PART 124Ð[AMENDED] Administration (FAA), DOT. feet AGL in order to contain the SIAPs ACTION: Direct final rule; request for within controlled airspace and thereby 1. The authority citation for 13 CFR comments. facilitate separation of aircraft operating part 124 continues to read as follows: under Instrument Flight Rules (IFR). Authority: 15 U.S.C. 634(b)(6), 636(j), SUMMARY: This action amends the Class The amendment at Hampton Municipal 637(a), 637(d) and Pub. L. 99–661, Pub. L. E airspace area at Hampton Municipal Airport, IA, will provide additional 100–656, sec. 1207, Pub. L. 101–37, Pub. L. Airport, Hampton, IA. The FAA has controlled airspace for aircraft operating 101–574, and 42 U.S.C. 9815. developed Area Navigation (RNAV) under IFR and revise the ARP. The area Runway (RWY) 17 and RNAV RWY 35 2. Section 124.1008 is amended by will be depicted on appropriate Standard Instrument Approach redesignating paragraphs (f)(3) and (f)(4) aeronautical charts. Class E airspace Procedures (SIAPs) to serve Hampton as paragraphs (f)(4) and (f)(5), areas extending upward from 700 feet or Municipal Airport, IA. Additional respectively, and adding a new more above the surface of the earth are controlled airspace extending upward paragraph (f)(3) to read as follows: published in paragraph 6005 of FAA from 700 feet Above Ground Level Order 7400.9G, dated September 10, (AGL) is needed to accommodate these § 124.1008 How does a firm become 1999, and effective September 16, 1999, certified as an SDB? SIAPs and for Instrument Flight Rules which is incorporated by reference in 14 (IFR) operations at this airport. The * * * * * CFR 71.1. The Class E airspace (f) * * * enlarged area will contain the RNAV RWY 17 and RNAV RWY 35 SIAPs in designation listed in this document will (3)(i) If the AA/SDBCE declines the controlled airspace. be published subsequently in the Order. firm’s application for SDB certification, In addition a minor revision to the the firm may request that the AA/ The Direct Final Rule Procedure Airport Reference Point (ARP) is SDBCE reconsider his or her initial included in this document. The FAA anticipates that this decline by submitting a written request The intended effect of this rule is to regulation will not result in adverse or to the AA/SDBCE within 45 days of the provide controlled Class E airspace for negative comment and, therefore, is date of the AA/SDBCE’s decision. The aircraft executing RNAV RWY 17 and issuing it as a direct final rule. Previous applicant may provide any additional RNAV RWY 35 SIAPs, revise the ARP actions of this nature have not been information and documentation and to segregate aircraft using controversial and have not resulted in pertinent to overcoming the reason(s) instrument approach procedures in adverse comments or objections. The for the initial decline. instrument conditions from aircraft amendment will enhance safety for all (ii) The AA/SDBCE will issue a operating in visual conditions. flight operations by designating an area written decision within 30 days of DATES: This direct final rule is effective where VFR pilots may anticipate the receiving the applicant’s request for on 0901 UTC, October 5, 2000. presence of IFR aircraft at lower reconsideration, if practicable. The AA/ Comments for inclusion in the Rules altitudes, especially during inclement SDBCE may either approve the Docket must be received on or before weather conditions. A greater degree of application, deny it on one or more of July 10, 2000. safety is achieved by depicting the area the same grounds as the initial decision, on aeronautical charts. Unless a written or deny it on other grounds. If the ADDRESSES: Send comments regarding adverse or negative comment, or a application is denied, the AA/SDBCE the rule in triplicate to: Manager, written notice of intent to submit an will explain why the applicant is not Airspace Branch, Air Traffic Division, eligible for SDB certification and give ACE–520, DOT Regional Headquarters adverse or negative comment is received specific reasons for the decline. If the Building, Federal Aviation within the comment period, the AA/SDBCE declines the application Administration, Docket Number 00– regulation will become effective on the solely on issues not raised in the initial ACE–7, 901 Locust, Kansas City, MO date specified above. After the close of decline, the applicant may request 64106. the comment period, the FAA will another reconsideration as if it were an The official docket may be examined publish a document in the Federal initial decline. If the AA/SDBCE in the Office of the Regional Counsel for Register indicating that no adverse or declines the application for one or more the Central Region at the same address negative comments were received and of the same reasons as addressed in the between 9:00 a.m. and 3:00 p.m., confirming the date on which the final initial decline, the applicant is not Monday through Friday, except Federal rule will become effective. If the FAA entitled to a second reconsideration. holidays. An informal docket may also does receive, within the comment be examined during normal business * * * * * period, and adverse or negative hours in the Air Traffic Division at the comment, or written notice of intent to Dated: May 12, 2000. same address listed above. submit such a comment, a document Aida Alvarez, FOR FURTHER INFORMATION CONTACT: withdrawing the direct final rule will be Administrator. Kathy Randolph, Air Traffic Division, published in the Federal Register and a [FR Doc. 00–12690 Filed 5–22–00; 8:45 am] Airspace Branch, ACE–520C, DOT notice of proposed rulemaking may be BILLING CODE 8025±01±U Regional Headquarters Building, Federal published with a new comment period.
VerDate 11
Comments Invited on a substantial number of small entities DEPARTMENT OF THE TREASURY Although this action is in the form of under the criteria of the Regulatory Customs Service a final rule and was not preceded by a Flexibility Act. notice of proposed rulemaking, List of Subjects in 14 CFR Part 71 19 CFR Part 12 comments are invited on this rule. Interested persons are invited to Airspace, Incorporation by reference, [T.D. 00±36] comment on this rule by submitting Navigation (air). RIN 1515±AC62 such written data, views, or arguments Adoption of the Amendment as they may desire. Communications Entry of Softwood Lumber Shipments should identify the Rules Docket Accordingly, the Federal Aviation From Canada number and be submitted in triplicate to the address specified under the caption Administration amends 14 CFR part 71 AGENCY: Customs Service, Treasury. ADDRESSES. All communications as follows: ACTION: Interim regulations; solicitation received on or before the closing date of comments. PART 71ÐDESIGNATION OF CLASS A, for comments will be considered, and CLASS B, CLASS C, CLASS D, AND SUMMARY: This document adopts on an this rule may be amended or withdrawn CLASS E AIRSPACE AREAS; interim basis an amendment to the in light of the comments received. provision within the Customs Factual information that supports the AIRWAYS; ROUTES; AND REPORTING Regulations that sets forth entry commenter’s ideas and suggestions is POINTS requirements for shipments of softwood extremely helpful in evaluating the lumber from Canada under the effectiveness of this action and 1. The authority citation for part 71 agreement between the Governments of determining whether additional continues to read as follows: the United States and Canada regarding rulemaking action would be needed. Authority: 49 U.S.C. 106(g), 40103, 40113, trade in softwood lumber. This interim Comments are specifically invited on 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– amendment implements an amendment the overall regulatory, economic, 1963 Comp., p. 389. to the softwood lumber agreement environmental, and energy-related involving the addition of two export fee aspects of the rule that might suggest a § 71.1 [Amended] payment status categories (permit type need to modify the rule. All comments 2. The incorporation by reference in codes) covering softwood lumber from submitted will be available, both before 14 CFR 71.1 of Federal Aviation the Canadian province of British and after the closing date for comments, Administration Order 7400.9G Airspace Columbia. in the Rules Docket for examination by Designations and Reporting Points, interested persons. A report that DATES: dated September 10, 1999, and effective summarizes each FAA-public contact Effective Date: Interim rule effective concerned with the substance of this September 16, 1999, is amended as May 23, 2000. action will be filed in the Rules Docket. follows: Comments: Comments must be Commenters wishing the FAA to Paragraph 6005 Class E airspace areas submitted by July 24, 2000. acknowledge receipt of their comments extending upward from 700 feet or more ADDRESSES: Written comments may be submitted in response to this rule must above the surface of the earth. addressed to, and inspected at, the submit a self-addressed, stamped * * * * * Regulations Branch, U.S. Customs postcard on which the following Hampton Municipal Airport, IA Service, 1300 Pennsylvania Avenue, statement is made: ‘‘Comments to (Lat. 42°43′26″ N., long. 93°13′35″ W.) NW., 3rd Floor, Washington, DC 20229. Docket No. 00–ACE–7.’’ The postcard Hampton NDB FOR FURTHER INFORMATION CONTACT: will be date stamped and returned to the (Lat. 42°43′32″ N., long. 93°13′30″ W.) Dixie Staple, Office of Field Operations commenter. That airspace extending upward from 700 (202–927–1131). Agency Findings feet above the surface within a 6.4-mile SUPPLEMENTARY INFORMATION: radius of Hampton Municipal Airport and The regulations adopted herein will Background within 2.6 miles each side of the 343° bearing not have a substantial direct effect on from the Hampton NDB extending from the This document amends the Customs the States, on the relationship between 6.4 mile radius to 7.4 miles northwest of the Regulations on an interim basis to the national Government and the States, airport and 2 miles each side of the 177° reflect an amendment of the agreement or on the distribution of power and bearing from the Hampton Municipal Airport between the Governments of the United responsibilities among the various extending from the 6.4 mile radius to 7.7 States and Canada regarding trade in levels of government. Therefore, it is miles south of the airport, excluding that softwood lumber. The amendment determined that this final rule does not airspace within the Mason City, IA Class E involves the addition of two export fee have federalism implications under airspace. payment status categories (permit type Executive Order 13132. * * * * * codes) covering softwood lumber from The FAA has determined that this the Canadian province of British regulation is noncontroversial and Issued in Kansas City, MO, on May 9, 2000. Columbia. unlikely to result in adverse or negative Herman J. Lyons, Jr., comments. For the reasons discussed in Adoption of the Softwood Lumber Manager, Air Traffic Division, Central Region. Agreement the preamble, I certify that this [FR Doc. 00–12821 Filed 5–22–00; 8:45 am] regulation (1) is not a ‘‘significant On May 29, 1996, the United States regulatory rule’’ under Department of BILLING CODE 4910±13±M entered into the Softwood Lumber Transportation (DOT) Regulatory Agreement (the Agreement) with Policies and Procedures (44 FR 11034, Canada under the authority of section February 26, 1979); and (3) if 301(c)(1)(D) of the Trade Act of 1974, as promulgated, will not have a significant amended (19 U.S.C. 2411(c)(1)(D)), economic impact, positive or negative, which authorizes the United States
VerDate 11
Trade Representative (the USTR) to Agreement provides that Canada will Amendment of the Agreement ‘‘enter into binding agreements’’ with a issue an export permit for each On June 1, 1998, the British Columbia foreign country that commit the foreign shipment of such softwood lumber and Forest Ministry reduced stumpage country to, among other things, that Canada will collect any required fee (timber harvesting) fees charged on all eliminate any burden or restriction on for amounts of lumber exported in timber grown on provincially-owned U.S. commerce resulting from an act, excess of 14.7 billion board feet upon lands, which accounts for the policy or practice of the foreign country. issuance of the export permit. overwhelming majority of timber The Agreement, which went into effect The Agreement requires the collection harvested in the province. The United on April 1, 1996, was specifically of information by Canada in connection States considered this reduction to be a intended to provide a satisfactory with the issuance of export permits for violation of the Agreement and therefore resolution to certain acts, policies and softwood lumber first manufactured in invoked the dispute settlement practices of the Government of Canada Ontario, Quebec, British Columbia and provisions of the Agreement. When affecting exports to the United States of Alberta and the collection of consultations failed to resolve the softwood lumber which had been the information by the United States in dispute, an Arbitration Panel was subject of an investigation initiated by connection with import transactions formed, Canada and the United States the USTR under section 302(b)(1)(A) of involving that lumber. made submissions to the Arbitration the Trade Act of 1974, as amended (19 With regard to the import end, the Panel, and oral hearings were held. The U.S.C. 2412(b)(1)(A)), and which on dispute was ultimately settled, without October 4, 1991, pursuant to section Agreement obligates the United States to require that the U.S. importer provide issuance of a decision by the Arbitration 304(a) of the Trade Act of 1974, as Panel, on August 26, 1999, by an specific information in connection with amended (19 U.S.C. 2414(a)), had been exchange of letters between the the entry of the lumber under section found by the USTR to be unreasonable Governments of Canada and the United 484 of the Tariff Act of 1930, as and to burden or restrict U.S. commerce. States which amended the Agreement amended (19 U.S.C. 1484). The The Agreement was the product of a and terminated the dispute. information required to be collected consultative process established by the The August 26, 1999, settlement and under the Agreement includes the United States and Canada and involving amendment of the Agreement applies the participation of the U.S. following three specific data elements only to softwood lumber first Government, Canadian federal and which were not previously required manufactured in British Columbia and provincial governments and, where under the Customs laws and applies only in the fourth and fifth years appropriate, industries and other regulations, the last two of which were of the Agreement. The effect of the interested parties in both countries. required by the Agreement to be settlement and amended Agreement is The Agreement refers specifically to collected as soon as practicable after the to require Canada: (1) To impose the softwood lumber mill products entry into force of the Agreement: (1) higher of the two basic export fee levels classified in subheadings 4407.10.00, The province of first manufacture of the called for under the Agreement ($100 4409.10.10, 4409.10.20, and 4409.10.90 lumber; (2) the export permit number per thousand board feet with annual of the Harmonized Tariff Schedule of issued in Canada for the shipment; and adjustments for inflation after the first the United States (HTSUS) that were (3) the fee status of the lumber for which year) at lower lumber export levels for ‘‘first manufactured’’ into a product of the export permit was issued (whether the province than previously was the one of those HTSUS subheadings in the the lumber in the shipment was case and (2) to impose a new, higher fee Canadian provinces of Ontario, Quebec, attributed to a quantity to which no fee on lumber exports when they exceed British Columbia or Alberta. The applies or to a quantity that is subject recent average annual shipments to the Agreement requires that Canada assess to the US$50 fee or to a quantity that is United States from the province. fees on exports of that softwood lumber subject to the US$100 fee or to a Specifically, under the terms of the in each of the five years following April quantity that is covered by the trigger settlement and amended Agreement: 1, 1996, based on the following price mechanism). 1. In the fourth year (April 1, 1999– schedule: (1) For total shipments up to Implementing Regulations March 31, 2000): 14.7 billion board feet, free (no fee); (2) a. Ninety million board feet of the for any amount shipped in excess of On February 26, 1997, Customs 362.3 million board feet lower fee base 14.7 billion board feet but not in excess published in the Federal Register (62 (LFB) allocation to British Columbia of 15.35 billion board feet, US$50 per FR 8620) T.D. 97–6 which set forth companies in that year will be re-priced thousand board feet in the first year and interim amendments to the Customs at the current upper fee base (UFB) fee with annual adjustments for inflation in Regulations to provide an appropriate level (that is, US$105.86 per thousand subsequent years; and (3) for any regulatory context for the new board feet which represents the adjusted amount shipped in excess of 15.35 requirements resulting from the $100 fee applicable during the fourth billion board feet, US$100 per thousand Agreement as described above. Those year), and Canada will collect a fee board feet and with annual adjustments amendments included the adoption of a equivalent to that UFB fee level on the for inflation in subsequent years. The new § 12.140 (19 CFR 12.140) which issuance of a permit for export of the Agreement also allows an additional specifically addresses the entry softwood lumber to the United States amount of exports of such softwood requirements for softwood lumber under (‘‘re-priced LFB’’); and lumber in excess of 14.7 billion board the agreement. Paragraph (b) of § 12.140 b. Canada will collect a fee on the feet without the payment of a fee if the prescribes the information to be issuance of a permit for export to the average price of a benchmark softwood included on the entry summary and United States of quantities of UFB by lumber price exceeds a prescribed requires, under subparagraph (b)(2)(ii), British Columbia companies (which ‘‘trigger price’’ during any quarterly an indication of the export fee payment includes re-priced LFB described in period. In order to control and monitor status of the product for which the paragraph 1.a. above) in excess of 110 exports of softwood lumber first permit was issued according to one of million board feet (the average of the manufactured in Ontario, Quebec, four categories, Category A through UFB shipments for the first and second British Columbia and Alberta, the Category D. years of the Agreement) at the fee level
VerDate 11
VerDate 11
DEPARTMENT OF THE TREASURY does not reflect the current statute in 2. Section 162.45 is amended by that it only discusses Schedule I revising the section heading, amending Customs Service controlled substances (as defined in 21 the first sentence of paragraph (b)(1), U.S.C. 802(6) and 812). Accordingly, and revising paragraph (b)(2), to read as 19 CFR Part 162 § 162.45a is amended in this document follows: [TD 00±37] to include Schedule II controlled substances. This document also makes § 162.45 Summary forfeiture: Property RIN 1515±AC60 other than Schedule I and Schedule II conforming changes to §§ 162.45(b) and controlled substances. Notice of seizure 162.63. Summary Forfeiture of Controlled and sale. Substances Inapplicability of Public Notice and * * * * * Comment and Delayed Effective Date (b) Publication. (1) If the appraised AGENCY: Customs Service, Treasury. Requirements value of any property in one seizure ACTION: Final rule. from one person, other than Schedule I Pursuant to the provisions of 5 U.S.C. and Schedule II controlled substances SUMMARY: 553(b)(B), Customs has determined that This document amends the (as defined in 21 U.S.C. 802(6) and 812), notice and public procedures for this Customs Regulations to reflect an exceeds $2,500, the notice will be regulation are unnecessary. The amendment to 21 U.S.C. 881 made by published for at least three successive regulatory change in this document the Anti-Drug Abuse Act of 1986. The weeks in a newspaper circulated at the conforms the Customs Regulations to statutory amendment added Schedule II Customs port and in the judicial district the terms of a law that is already in controlled substances to the Schedule I where the property was seized. * * * controlled substances already subject to effect. For the same reasons, pursuant to (2) In all other cases, except for summary forfeiture and destruction the provisions of 5 U.S.C. 553(d)(1) and Schedule I and Schedule II controlled under subsection (f) of 21 U.S.C. 881. (3), Customs finds that there is good substances (see § 162.45a), the notice The amendment set forth in this cause for dispensing with a delayed will be published by posting it in the document brings the Customs effective date. customhouse nearest the place of Regulations into conformance with the Executive Order 12866 seizure. It will be posted in a statute. conspicuous place that is accessible to This document does not meet the EFFECTIVE DATE: May 23, 2000. the public, with the date of posting criteria for a ‘‘significant regulatory FOR FURTHER INFORMATION CONTACT: noted thereon, and will be kept posted action’’ as specified in E.O. 12866. Todd Schneider, Office of Regulations for at least three successive weeks. and Rulings (202–927–1694). Regulatory Flexibility Act Articles of small value of the same class SUPPLEMENTARY INFORMATION: Because no notice of proposed or kind included in two or more seizures will be advertised as one unit. Background rulemaking is required for this rule, the provisions of the Regulatory Flexibility * * * * * Subsection (a)(1) of 21 U.S.C. 881 Act (5 U.S.C. 601 et seq.) do not apply. 3. The heading and text of section provides that all controlled substances 162.45a is revised to read as follows: that have been manufactured, Drafting Information distributed, dispensed or acquired in The principal author of this document § 162.45a Summary forfeiture of Schedule I and Schedule II controlled substances. violation of subchapter 1, chapter 13, was Bill Conrad, Office of Regulations title 21, United States Code, are subject and Rulings, U.S. Customs Service. The Controlled Substances Act (84 to forfeiture to the United States and no Stat. 1242, 21 U.S.C. 801 et seq.) property right shall exist in them. List of Subjects in 19 CFR Part 162 provides that all controlled substances Subsection (f) of 21 U.S.C. 881 provides Administrative practice and in Schedule I and Schedule II (as that all controlled substances in procedure, Drug traffic control, Imports, defined in 21 U.S.C. 802(6) and 812) Schedule I and Schedule II will be Inspection, Law Enforcement, Penalties, that are possessed, transferred, sold or deemed contraband, seized and Prohibited merchandise, Seizures and offered for sale in violation of the Act summarily forfeited to the United States forfeitures. will be deemed contraband, seized and if they are possessed, transferred, sold summarily forfeited to the United States or offered for sale in violation of the Amendment to the Regulations (21 U.S.C. 881(f)). The Controlled subchapter. Also, subsection (f) For the reasons stated in the Substances Import and Export Act (21 provides that all substances in Schedule preamble, part 162 of the Customs U.S.C. 951 et seq.) incorporates by I and Schedule II that are seized or come Regulations (19 CFR Part 162) is reference this contraband forfeiture into the possession of the United States, amended as set forth below. provision of 21 U.S.C. 881. See 21 the owners of which are unknown, will U.S.C. 965. Accordingly, in the case of be deemed contraband and summarily PART 162ÐINSPECTION, SEARCH, a seizure of Schedule I or Schedule II forfeited to the United States. AND SEIZURE controlled substances, the Fines, Prior to 1986, 21 U.S.C. 881(f) applied Penalties, and Forfeitures Officer or his only to Schedule I controlled 1. The authority citation for part 162 designee will contact the appropriate substances. Section 1006(c)(1) of the continues to read in part, and a new Drug Enforcement Administration Anti-Drug Abuse Act of 1986 (Pub. L. authority citation for § 162.45a is added official responsible for issuing permits 99–570, 100 Stat. 3207, October 27, to read, as follows: authorizing the importation of such 1986) amended 21 U.S.C. 881(f) to Authority: 5 U.S.C. 301; 19 U.S.C. 66, substances (see 21 CFR part 1312). If include Schedule II controlled 1592, 1593a, 1624. upon inquiry the Fines, Penalties, and substances. * * * * * Forfeitures Officer or his designee is Section 162.45a of the Customs notified that no permit for lawful Section 162.45a also issued under 21 Regulations (19 CFR 162.45a), which U.S.C. 881; importation has been issued, he will implements the seizure and summary declare the seized substances forfeiture procedure of 21 U.S.C. 881(f), * * * * * contraband and forfeited pursuant to 21
VerDate 11
U.S.C. 881(f). Inasmuch as such docket CGD05–99–097 and are available passengers for hire or that have been substances are Schedule I and Schedule for inspection or copying at chartered and are carrying passengers II controlled substances, the notice Commander, (Aoax), Fifth Coast Guard may have to comply with certain procedures set forth in § 162.45 are District, 431 Crawford Street, additional rules and regulations beyond inapplicable. When seized controlled Portsmouth, Virginia 23704–5004 the safety equipment requirements for substances are required as evidence in between 8 a.m. and 3 p.m., Monday all pleasure craft. When a vessel is not a court proceeding, they will be through Friday, except Federal holidays. being used exclusively for pleasure, but preserved to the extent and in the FOR FURTHER INFORMATION CONTACT: S. L. rather is engaged in carrying passengers quantities necessary for that purpose. Phillips, Project Manager, Operations for hire or has been chartered and is 4. Section 162.63 is revised to read as Division, Auxiliary Section, at (757) carrying the requisite number of follows: 398–6204. passengers, the vessel operator must SUPPLEMENTARY INFORMATION: possess an appropriate license and the § 162.63 Arrests and seizures. vessel may be subject to inspection. The Arrests and seizures under the Regulatory Information definition of the term ‘‘passenger for Controlled Substances Act (84 Stat. On March 28, 2000 we published a hire’’ is found in 46 U.S.C. 2101(21a). In 1242, 21 U.S.C. 801 et seq.), and the notice of proposed rulemaking (NPRM) general, it means any passenger who has Controlled Substances Import and entitled OPSAIL 2000, Port of contributed any consideration Export Act (84 Stat. 1285, 21 U.S.C. 951 Baltimore, MD, in the Federal Register (monetary or otherwise) either directly et seq.), will be handled in the same (65 FR 16355). We received no letters or indirectly for carriage onboard the manner as other Customs arrests and commenting on the proposed rule. No vessel. The definition of the term seizures. However, Schedule I and public hearing was requested and none ‘‘passenger’’ is found in 46 U.S.C. Schedule II controlled substances (as was held. 2101(21). It varies depending on the defined in 21 U.S.C. 802(6) and 812) Background and Purpose type of vessel, but generally means imported contrary to law will be seized individuals carried aboard vessels and forfeited in the manner provided in Sail Baltimore is sponsoring OPSAIL except for certain specified individuals the Controlled Substances Act (21 2000 activities in the Port of Baltimore, engaged in the operation of the vessel or U.S.C. 881(f)). See § 162.45a. Maryland. Planned events include the the business of the owner/charterer. The arrival of 27 Tall Ships and other Raymond W. Kelly, law provides for substantial penalties vessels on June 23, 2000 and a Parade for any violation of applicable license Commissioner of Customs. of Sail and scheduled departure of those and inspection requirements. If you Approved: March 24, 2000. vessels on June 29, 2000. have any questions concerning the The Coast Guard anticipates a large John P. Simpson, application of the above law to your spectator fleet for these events. Deputy Assistant Secretary of the Treasury. particular case, you should contact the Operators should expect significant [FR Doc. 00–12922 Filed 5–22–00; 8:45 am] Coast Guard at the address listed in vessel congestion along the arrival and BILLING CODE 4820±02±P ADDRESSES for additional information. parade routes. The purpose of these regulations is to Vessel operators are reminded they promote maritime safety and protect must have sufficient facilities on board DEPARTMENT OF TRANSPORTATION participants and the boating public in their vessels to retain all garbage and untreated sewage. Discharge of either Coast Guard the Port of Baltimore and the waters of the Chesapeake Bay immediately prior into any waters of the United States is to, during, and after the scheduled strictly forbidden. Violators may be 33 CFR Parts 100, 110 and 165 events. The regulations will provide for assessed civil penalties up to $25,000 or [CGD 05±99±097] clear parade routes for the participating face criminal prosecution. RIN 2115±AA97, AA98, AE46 vessels, establish no wake zones along We recommend that vessel operators the parade routes, provide a safety visiting the Port of Baltimore for this OPSAIL 2000, Port of Baltimore, MD buffer around the participating vessels event obtain up to date editions of while they are in transit, and in certain National Ocean Service Charts 12278 AGENCY: Coast Guard, DOT. anchorage areas, modify existing and 12281 to avoid anchoring within a ACTION: Temporary final rule. anchorage regulations for the benefit of charted cable or pipeline area. participants and spectators. The SUMMARY: The Coast Guard is regulations will impact the movement of With the arrival of OPSAIL 2000 and establishing temporary regulations in all vessels operating in the specified spectator vessels in the Port of the Port of Baltimore, Maryland for areas of the Port of Baltimore and the Baltimore for this event, it will be OPSAIL 2000 activities. This action is Chesapeake Bay. necessary to curtail normal port necessary to provide for the safety of life It may be necessary for the Coast operations to some extent. Interference on navigable waters before, during, and Guard to establish additional safety or will be kept to the minimum considered after OPSAIL 2000 events. This action security zones in addition to these necessary to ensure the safety of life on will restrict vessel traffic in portions of regulations to safeguard dignitaries and the navigable waters immediately the Inner Harbor, the Northwest Harbor, certain vessels participating in the before, during, and after the scheduled the Patapsco River, and the Chesapeake event. If the Coast Guard deems it events. Bay. necessary to establish such zones at a Discussion of Rule DATES: This rule is effective from 6 a.m. later date, the details of those zones will on June 23, 2000 to 11:30 p.m. on June be announced separately via the Federal The OPSAIL 2000 vessels are 29, 2000. Register, Local Notice to Mariners, scheduled to arrive on June 23, 2000 ADDRESSES: Comments and materials Safety Voice Broadcasts, and any other and will follow a parade route of received from the public as well as means available. approximately 3 nautical miles that documents indicated in this preamble as All vessel operators and passengers includes specified waters of the Inner being available in the docket, are part of are reminded that vessels carrying Harbor and Northwest Harbor. The
VerDate 11
OPSAIL 2000 vessels are scheduled to of the event itself will severely hamper Collection of Information depart on June 29, 2000 and will follow or prevent transit of the waterway, even a parade route of approximately 7 absent these regulations designed to This rule calls for no new collection nautical miles that includes specified ensure it is conducted in a safe and of information under the Paperwork waters of the Inner Harbor, Northwest orderly fashion. Reduction Act of 1995 (44 U.S.C. 3501– Harbor, and Patapsco River. 3520.). Small Entities The safety of parade participants and Federalism spectators requires that spectator craft Under the Regulatory Flexibility Act be kept at a safe distance from the (5 U.S.C. 601–612), we considered We have analyzed this rule under parade routes during these vessel whether this rule would have a Executive Order 13132 and have movements. The Coast Guard is significant economic impact on a determined that this rule does not have establishing special local regulations for substantial number of small entities. implications for federalism under that the areas through which the vessels will The term ‘‘small entities’’ comprises Order. pass for the OPSAIL 2000 Tall Ships small businesses, not-for-profit Arrival on June 23, 2000 and the organizations that are independently Unfunded Mandates Reform Act owned and operated and are not OPSAIL 2000 Parade of Sail on June 29, The Unfunded Mandates Reform Act dominant in their fields, and 2000. of 1995 (2 U.S.C. 1531–1538) governs In addition to establishing special governmental jurisdictions with the issuance of Federal regulations that local regulations, we are establishing populations of less than 50,000. require unfunded mandates. An temporary moving safety zones around The Coast Guard certifies under 5 OPSAIL 2000 vessels which are 175 feet U.S.C. 605(b) that this rule will not have unfunded mandate is a regulation that or greater in length, to ensure the safety a significant economic impact on a requires a State, local, or tribal of participants and spectators substantial number of small entities. government or the private sector to immediately prior to, during, and This rule will affect the following incur direct costs without the Federal following the parades. entities, some of which might be small Government’s having first provided the The Coast Guard also is temporarily entities: the owners or operators of funds to pay those costs. This rule will modifying the existing anchorage vessels intending to operate or anchor in not impose an unfunded mandate. regulations found at 33 CFR 110.158 to portions of the Inner Harbor, the Taking of Private Property accommodate OPSAIL 2000 and Northwest Harbor, and the Patapsco spectator vessels. Anchorage No. 1, River in the Port of Baltimore, This rule will not effect a taking of Anchorage No. 4, Anchorage No. 5, and Maryland. The regulations will not have private property or otherwise have Anchorage No. 6 will be designated a significant impact on a substantial taking implications under Executive exclusively for spectator vessels. number of small entities for the Order 12630, Governmental Actions and Anchorage No. 3 will be designated following reasons: the restrictions are Interference with Constitutionally exclusively for passenger vessels. limited in duration, affect only limited Protected Property Rights. areas, and will be well publicized to Anchorage No. 2 will be closed to all Civil Justice Reform vessels except OPSAIL 2000 vessels. allow mariners to make alternative plans for transiting the affected areas. Regulatory Evaluation This rule meets applicable standards Moreover, the magnitude of the event in sections 3(a) and 3(b)(2) of Executive This rule is not a ‘‘significant itself will severely hamper or prevent Order 12988, Civil Justice Reform, to regulatory action’’ under section 3(f) of transit of the waterway, even absent minimize litigation, eliminate Executive Order 12866 and does not these regulations designed to ensure it ambiguity, and reduce burden. require an assessment of potential costs is conducted in a safe and orderly and benefits under section 6(a)(3) of that fashion. Protection of Children Order. The Office of Management and Budget has not reviewed it under that Assistance for Small Entities We have analyzed this rule under Order. It is not significant under the Under section 213(a) of the Small Executive Order 13045, Protection of regulatory policies and procedures of Business Regulatory Enforcement Children from Environmental Health the Department of Transportation (DOT) Fairness Act of 1996 (Pub. L. 104–121), Risks and Safety Risks. This rule is not (44 FR 11040; February 26, 1979). we offered to assist small entities in an economically significant rule and We expect the economic impact of understanding this rule so that they does not concern an environmental risk this rule to be so minimal that a full could better evaluate its effects on them to health or risk to safety that may Regulatory Evaluation under paragraph and participate in the rulemaking. We disproportionately affect children. 10e of the regulatory policies and received no requests for assistance in Environment procedures of DOT is unnecessary. understanding the rule. The primary impact of these Small businesses may send comments We considered the environmental regulations will be on vessels wishing to on the actions of the Federal employees impact of this rule and concluded that, transit the affected waterways during who enforce, or otherwise determine under figure 2–1, paragraph (34)(g) and the Tall Ships Arrival on June 23, 2000 compliance with Federal regulations to (h), of Commandant Instruction and the Parade of Sail on June 29, 2000. the Small Business and Agriculture M16475.1C; this rule is categorically Although these regulations prevent Regulatory Enforcement Ombudsman excluded from further environmental traffic from transiting a portion of the and the Regional Small Business documentation. A ‘‘Categorical Inner Harbor, Northwest Harbor, and Regulatory Fairness Boards. The Exclusion Determination’’ is available in Patapsco River during these events, that Ombudsman evaluates these actions the docket where indicated under restriction is limited in duration, affects annually and rates each agency’s ADDRESSES. By controlling vessel traffic only a limited area, and will be well responsiveness to small business. If you during these events, this rule is publicized to allow mariners to make wish to comment on actions by intended to minimize environmental alternative plans for transiting the employees of the Coast Guard, call 1– impacts of increased vessel traffic affected area. Moreover, the magnitude 888–REG–FAIR (1–888–734–3247). during the transits of event vessels.
VerDate 11
List of Subjects (2) Parade of Sail Area: The waters of (1) Anchorage No. 1, Anchorage No. 4, the Patapsco River, Northwest Harbor Anchorage No. 5, and Anchorage No. 6 33 CFR Part 100 and Inner Harbor enclosed by: are designated for the exclusive use of Marine safety, Navigation (water), spectator vessels. ‘‘Spectator vessels’’ Reporting and recordkeeping Latitude Longitude includes any vessel, commercial or requirements, Waterways. ° ′ ″ ° ′ ″ recreational, being used for pleasure or 39 15 40.5 N ...... 076 34 47.5 W, to carrying passengers, that is in the Port 33 CFR Part 110 39°15′04.9″ N ...... 076°34′43.7″ W, and ° ′ ″ ° ′ ″ of Baltimore to observe part or all of the Anchorage grounds. 39 14 07.5 N ...... 076 33 37.7 W, to 39°12′46.3″ N ...... 076°32′02.6″ W, to events attendant to OPSAIL 2000. 33 CFR Part 165 39°10′24.8″ N ...... 076°31′01″ W, to (2) Anchorage No. 2 is designated for 39°12′06.3″ N ...... 076°29′43.2″ W, to the exclusive use of OPSAIL 2000 Harbors, Marine safety, Navigation 39°13′22.3″ N ...... 076°31′15.7″ W, to vessels. ‘‘OPSAIL 2000 Vessels’’ (water), Reporting and recordkeeping 39°15′40.2″ N ...... 076°33′33.7″ W includes all vessels participating in requirements, Security measures, Operation Sail 2000 under the auspices Waterways. All coordinates use Datum: NAD 83. of the Marine Event Permit submitted Regulation (c) Special Local Regulations. (1) Any for the Port of Baltimore and approved person or vessel within the regulated by the Commander, Fifth Coast Guard For the reasons discussed in the area must operate in strict conformance District. preamble, the Coast Guard amends 33 with any directions given by the Captain (3) Anchorage No. 3 is designated for CFR Parts 100, 110, and 165 as follows: of the Port and leave the regulated area the exclusive use of passenger vessels. immediately if the Captain of the Port so PART 100Ð[AMENDED] ‘‘Passenger vessel’’ has the meaning of orders. that term in 46 U.S.C. 2101(22). 1. The authority citation for Part 100 (2) Unless otherwise directed by the continues to read as follows: Captain of the Port, all vessels within PART 165Ð[AMENDED] the regulated area shall be operated at Authority: 33 U.S.C. 1233 through 1236; 49 the minimum speed required to 5. The authority citation for Part 165 CFR 1.46; 33 CFR 100.35. maintain steerage and shall avoid continues to read as follows: 2. Add temporary § 100.35T–05–097 creating a wake. Authority: 33 U.S.C. 1225 and 1231; 50 to read as follows: (3) No vessel within the regulated area U.S.C. 191; 33 CFR 1.05–1(g), 6.04–1, 6.04– may anchor except in conformance with 6, and 160.5; 49 CFR 1.46. § 100.35T±05±097 Special Local 33 CFR 110.158. Regulations; OPSAIL 2000, Port of (4) The Coast Guard and Official 6. Add temporary § 165.T05–097 to Baltimore, MD. Patrol vessels enforcing this section can read as follows: (a) Definitions (1) Captain of the Port be contacted on VHF Marine Band means the Commander, Coast Guard § 165.T05-097 Safety Zone; OPSAIL 2000, Radio, channels 13 and 16. The Captain Port of Baltimore, MD. Activities Baltimore or any Coast Guard of the Port can be contacted at telephone commissioned, warrant, or petty officer number (410) 576–2521 or 2693. (a) Definitions: (1) Captain of the Port who has been authorized by the Captain (5) The Captain of the Port will notify means the Commander, Coast Guard of the Port to act on his behalf. the public of any changes in the status Activities Baltimore or any Coast Guard (2) Official Patrol Vessel includes all of the regulated area by a Marine Safety commissioned, warrant, or petty officer Coast Guard, public, state, county or Radio Broadcast on VHF–FM marine who has been authorized by the Captain local law enforcement vessels assigned band radio, channel 22 (157.1 MHZ). of the Port to act on his behalf. and/or approved by Commander, Coast (d) Effective dates. (1) Tall Ships (2) OPSAIL 2000 Vessels includes all Guard Activities Baltimore. Arrival Area. This section is effective vessels participating in Operation Sail (3) OPSAIL 2000 Vessel includes all from 9 a.m. until 6 p.m. on June 23, 2000 under the auspices of the Marine vessels participating in Operation Sail 2000. Event Permit submitted for the Port of 2000 under the auspices of the Marine (2) Parade of Sail Area. Paragraph Baltimore and approved by Commander, Event Permit submitted for the Port of (b)(2) of this section is effective from Fifth Coast Guard District. Baltimore and approved by Commander, 10:30 a.m. until 2:30 p.m. on June 29, (b) Location. The following areas are Fifth Coast Guard District. 2000. moving safety zones: All waters within (4) Parade of Sail is the outbound 150 yards ahead of or 50 yards outboard procession of OPSAIL 2000 vessels as PART 110Ð[AMENDED] or aft of any OPSAIL 2000 vessel which they navigate designated routes in the is 175 feet or greater in length, while 3. The authority citation for Part 110 Port of Baltimore on June 29, 2000. operating on the Chesapeake Bay or its (5) Tall Ships Arrival is the inbound continues to read as follows: tributaries, north of the Maryland- procession of OPSAIL 2000 vessels as Authority: 33 U.S.C. 471, 1221 through Virginia border and south of latitude they navigate designated routes in the 1236, 2030, 2035, 2071; 49 CFR 1.46 and 33 39°35′00″. Port of Baltimore on June 23, 2000. CFR 1.05–1(g). (c) Regulations. (1) All persons are (b) Regulated Areas. (1) Tall Ships 4. From 10:30 a.m. until 2:30 p.m. on required to comply with the general Arrival Area: All waters of the Patapsco June 29, 2000, § 110.158 is amended by regulations governing safety zones in River, Baltimore, Maryland, between the adding paragraph (c) to read as follows: § 165.23 of this part. Ferry Bar Channel-East Section and the (2) No person or vessel may enter or Inner Harbor west bulkhead, bounded § 110.158 Baltimore Harbor, MD. navigate within the regulated areas by a line drawn from the coordinates at * * * * * unless authorized to do so by the position latitude 39°15′40″ N, longitude (c) Notwithstanding paragraphs (a) Captain of the Port. Any person or 076°34′50″ W, thence southeasterly to and (b) of this section, the following vessel authorized to enter the regulated latitude 39°15′23.5′ N, longitude 076° temporary regulations apply from 10:30 areas must operate in strict conformance 34′44″ W, thence easterly to latitude a.m. until 2:30 p.m. on June 29, 2000 for with any directions given by the Captain 39°15′23.5″ N, longitude 076°33′53″ W. OPSAIL 2000. of the Port and leave the regulated area
VerDate 11
VerDate 11
VerDate 11
Clean Air Act. Today’s correction has no ENVIRONMENTAL PROTECTION B. How Can I Get Additional bearing on the other three rules that AGENCY Information, Including Copies of This were finalized in our January 13, 2000 Document and Other Related action. We believe these rules are 40 CFR Part 180 Documents? consistent with the relevant policy and [OPP±300507A FRL±6556±2] 1. Electronically. You may obtain guidance regarding enforceability, electronic copies of this document, and RACT, and SIP relaxations. RIN 2070±AB78 certain other related documents that Under Executive Order 12866 (58 FR might be available electronically, from 51735, October 4, 1993), this action is Vinclozolin; Order Denying Objections the EPA Internet Home Page at http:// not a ‘‘significant regulatory action’’ to Issuance of Tolerance www.epa.gov/. To access this and, is therefore not subject to review by document, on the Home Page select AGENCY: the Office of Management and Budget. Environmental Protection ‘‘Laws and Regulations’’ and then look In addition, this action does not impose Agency (EPA). up the entry for this document under any enforceable duty or contain any ACTION: Final order. the ‘‘Federal Register—Environmental unfunded mandate as described in the Documents.’’ You can also go directly to SUMMARY: EPA is denying the objections Unfunded Mandates Reform Act of 1995 the Federal Register listings at http:// filed by the Natural Resources Defense (Public Law 104–4), or require prior www.epa.gov/fedrgstr/. Council to a final rule issued July 18, consultation with State officials as 2. In person. The Agency has 1997, which announced the issuance of specified by Executive Order 12875 (58 established an official record for this a tolerance for use of vinclozolin on FR 58093, October 28, 1993), or involve action under docket control number succulent (snap) beans under section special consideration of environmental OPP–300507A. The official record 408 of the Federal Food, Drug, and justice related issues as required by consists of the documents specifically Cosmetic Act. The objections are denied Executive Order 12898 (59 FR 7629, referenced in this action, any public because the tolerances have expired and February 16, 1994). comments received during an applicable consequently the objections are now comment period, and other information Under 5 U.S.C. 801(a)(1)(A) as added moot. related to this action, including any by the Small Business Regulatory DATES: information claimed as confidential Enforcement Fairness Act of 1996, EPA This denial of the objections is business information (CBI). This official submitted a report containing this rule effective on May 23, 2000. record includes the documents that are and other required information to the FOR FURTHER INFORMATION CONTACT: physically located in the docket, as well U.S. Senate, the U.S. House of Deanna Scher, Reregistration Division as the documents that are referenced in Representatives and the Comptroller (7508C), Office of Pesticide Programs, those documents. The public version of General of the General Accounting Environmental Protection Agency, Ariel the official record does not include any Office prior to publication of this rule in Rios Bldg., 1200 Pennsylvania Ave., information claimed as CBI. The public today’s Federal Register. This rule is NW., Washington, DC 20460; telephone version of the official record, which not a ‘‘major rule’’ as defined by 5 number: (703) 308–7043; fax number: includes printed, paper versions of any U.S.C. 804(2). (703) 308–7042; e-mail address: [email protected]. electronic comments submitted during List of Subjects in 40 CFR Part 52 an applicable comment period, is SUPPLEMENTARY INFORMATION: available for inspection in the Public Environmental protection, Air I. General Information Information and Records Integrity pollution control, Hydrocarbons, Branch (PIRIB), Rm. 119, Crystal Mall Incorporation by reference, A. Does This Action Apply to Me? #2, 1921 Jefferson Davis Hwy., Intergovernmental relations, Nitrogen This action is directed to the public Arlington, VA, from 8:30 a.m. to 4 p.m., dioxide, Ozone, Reporting and in general. However, this action is of Monday through Friday, excluding legal recordkeeping requirements, Volatile particular interest to Earthjustice Legal holidays. The PIRIB telephone number organic compounds. Defense Fund, the organization that is (703) 305–5805. Dated: May 9, 2000. filed objections to the vinclozolin II. Background Keith Takata, tolerance granted for snap beans in 1997 A. What Action Is the Agency Taking? Acting Regional Administrator, Region IX. on behalf of Natural Resources Defense Council, American Federation of Labor On September 15, 1997, the Natural Subpart F of part 52, Chapter I, Title and Congress of Industrial Resources Defense Council (‘‘NRDC’’) 40 of the Code of Federal Regulations is Organizations, Environmental Working filed a series of objections and hearing amended as follows: Group, Pineros y Campesinos Unidos requests in regard to EPA’s issuance of del Noroeste, and Northwest Coalition a tolerance for the pesticide vinclozolin PART 52Ð[AMENDED] for Alternatives to Pesticides. This on succulent (snap) beans under section action is also of interest to BASF 408 of the Federal Food, Drug, and Subpart FÐCalifornia Corporation, the manufacturer of Cosmetic Act (‘‘FFDCA’’), 21 U.S.C. vinclozolin, as well as users of 346a. Because that tolerance expired on 1. The authority citation for part 52 vinclozolin products. Since various October 1, 1999, those objections are continues to read as follows: different entities may be interested in now moot and are denied on that Authority: 42 U.S.C. 7401 et seq. this action, the Agency has not ground. attempted to describe all the specific § 52.220 [Amended] entities that may be affected by this B. What Is the Agency’s Authority for action. If you have any questions Taking This Action? 2. Section 52.220 is amended by regarding the applicability of this action Section 408 of the FFDCA authorizes removing paragraph (c)(179)(H). to a particular entity, consult the person the establishment by regulation of [FR Doc. 00–12785 Filed 5–22–00; 8:45 am] listed in the FOR FURTHER INFORMATION maximum permissible levels of BILLING CODE 6560±50±P CONTACT section.’’ pesticides in foods. Such regulations are
VerDate 11
VerDate 11
VerDate 11
Proposed Rules Federal Register Vol. 65, No. 100
Tuesday, May 23, 2000
This section of the FEDERAL REGISTER public hearing must be postmarked by the address listed above. When contains notices to the public of the proposed June 14, 2000. If you submit your notice submitting such materials to the OSHA issuance of rules and regulations. The of intention to appear by facsimile or Docket Office, you must clearly identify purpose of these notices is to give interested electronically through OSHA’s Internet your electronic comments by name, persons an opportunity to participate in the site, you must transmit the notice by date, and subject, so that we can attach rule making prior to the adoption of the final rules. June 14, 2000. them to your electronic comments. Pre-hearing comments: Written Notice of intention to appear: Mail: comments addressing the economic Notices of intention to appear at the DEPARTMENT OF LABOR impacts of the rule in these industries informal public hearing may be must be postmarked no later than June submitted by mail in quadruplicate to: Occupational Safety and Health 22, 2000. If you submit comments by Ms. Veneta Chatmon, OSHA Office of Administration facsimile or electronically through Public Affairs, Docket No. S–777, U.S. OSHA’s Internet site, you must transmit Department of Labor, 200 Constitution 29 CFR Part 1910 those comments by June 22, 2000. Avenue, NW., Room N–3647, Washington, DC 20210; Telephone: [Docket No. S±777] Hearing Testimony and documentary evidence: If you will be requesting more (202) 693–2119. RIN No. 1218±AB36 than 10 minutes for your oral Facsimile: You may fax your notice of presentation at the hearing, you must intention to appear to Ms. Chatmon at Ergonomics Program submit the full testimony, postmarked (202) 693–1634. Electronic: You may also submit your AGENCY: Occupational Safety and Health no later than June 27, 2000, or if you will be submitting documentary notice of intention to appear Administration (OSHA), Department of electronically through OSHA’s Labor. evidence at the hearing, you must submit all of that evidence, postmarked Homepage at www.osha.gov. ACTION: Proposed rule; request for Hearing testimony and documentary no later than June 27, 2000. comments on economic impact and evidence: You must submit in Informal public hearing: The public informal public hearing. quadruplicate your hearing testimony hearing will be held in Washington, DC, and any documentary evidence you SUMMARY: OSHA is using this document beginning at 9 am, on July 7, 2000 and intend to present at the informal public to provide information and analysis is expected to conclude that day. hearing to Ms. Veneta Chatmon, OSHA concerning the economic impacts of the Post-hearing comments: Written post- Office of Public Affairs, Docket No. S– proposed ergonomics rule (64 FR 65768, hearing comments must be postmarked 777, U.S. Department of Labor, Room published November 23,1999) on State no later than August 10, 2000. If you N–3647, 200 Constitution Ave, NW., and local governments, the United submit comments by facsimile or Washington, DC 20210. Telephone: States Postal Service, and railroads, and electronically through OHSA’s Internet (202) 693–2119, You may also submit to seek comment on these economic site, you must transmit those comments your hearing testimony and impacts. This document supplements no later than August 10, 2000. The documentary evidence on disk (31⁄2 the Agency’s Preliminary Economic publication of this notice and the inch) in WP 5.1, 6.0, 6.1, 8.0 or ASCII, Analysis and Initial Regulatory related public hearing do not affect the provided you also send the original Flexibility Analysis of the economic 90-day period established earlier for hardcopy at the same time. impact of the Ergonomics Program Rule post-hearing submissions related to the Informal public hearing: The one-day (Exhibit 28–1 in the OSHA docket), ergonomics program proposed standard public hearing to be held in which did not directly address these [65 FR 11948, March 7, 2000]. That Washington, D.C. will be located in the employers. OSHA is also setting dates period also ends August 10, 2000. Auditorium in the U.S. Department of for a pre-hearing comment period, a Addresses: Written comments: Mail: Labor, Francis Perkins Building, 200 public hearing, and a post-hearing Submit two copies of written comments Constitution Avenue, NW, Washington, comment period to address the to: OSHA Docket Office, Docket No. S– D.C. 20210. economic impacts exclusively in these 777, U.S. Department of Labor, Room FOR FURTHER INFORMATION, CONTACT: three industries. N–2625, 200 Constitution Avenue, NW., OSHA’s Ergonomics Team at (202) 693– The broader context for OSHA’s Washington, DC 20210; telephone (202) 2116, or visit the OSHA Homepage at actions can be found in the Notice of 693–2350. www.osha.gov. Proposed Rulemaking, published in the Facsimile: If your written comments Federal Register of November 23, 1999 are 10 pages or less, you may fax them SUPPLEMENTARY INFORMATION: (64 FR 65768). The procedures in this to the Docket Office. The OSHA Docket Supplement for State and Local continuation of the public hearing Office fax number is (202) 693–1648. Governments, Railroads and the U.S. process will be the same as those used Electronic: You may also submit Postal Service to the Summary of the in the previous nine weeks of public comments electronically through Preliminary Economic Analysis and hearings on the proposed ergonomics OSHA’s Homepage at www.osha.gov. Initial Regulatory Flexibility Analysis standard (See OSHA’s home page at Please note, you may not attach of Proposed Ergonomics Program www.osha.gov or 65 FR 11948; March 7, materials such as studies or journal Standard 2000). articles to your electronic comments. If DATES: Notice of intention to appear at you wish to include such materials, you Introduction the informal public hearing: Notices of must submit them separately in OSHA has prepared this analysis of intention to appear at the informal duplicate to the OSHA Docket Office at the costs, benefits, number of
VerDate 11
VerDate 11
VerDate 11
LIBRARY OF CONGRESS compulsory license for nonexempt, 17 U.S.C. 114(j)(6) (1998). noninteractive, digital subscription A key element of the definition is the Copyright Office transmissions, 17 U.S.C. 114(d)(2), (3) requirement that the transmission must and (f) (1995). In addition, Congress be ‘‘non-interactive.’’ Unless a service 37 CFR Part 201 exempted certain transmissions and meets this criterion, it is ineligible for [Docket No. RM 2000±4] retransmissions from the newly created the statutory license and, therefore, performance right, 17 U.S.C. 114(d)(1) must negotiate a voluntary agreement Public Performance of Sound (1995). with the copyright owner(s) of the Recordings: Definition of a Service In enacting the DPRA, Congress had sound recordings before performing the two purposes: (1) To ensure that works by means of digital audio AGENCY: Copyright Office, Library of recording artists and record companies transmissions. Congress. will be protected as new technologies 17 U.S.C. 114(d)(3) (1998). ACTION: Notice of inquiry. affect the way in which their creative This distinction between interactive works are used; and (2) to create fair and SUMMARY: The Copyright Office is and non-interactive has always been efficient licensing mechanisms that requesting comments on whether to critical to determining the rights of a address the complex issues facing grant a petition for rulemaking filed copyright user under section 114, since copyright owners and copyright users as with the Copyright Office by the Digital Congress believed ‘‘interactive services a result of the rapid growth of digital Media Association. The petition [were] most likely to have a significant audio services. H.R. Rep. No. 105–796, requests an amendment to the rule that impact on traditional record sales, and at 79–80 (1998). It soon became defines the term ‘‘Service’’ for purposes therefore pose[d] the greatest threat to apparent, however, that with the rapid of the statutory license governing the the livelihoods of those whose income proliferation of the use of the Internet as public performance of sound recordings depends upon revenues derived from a transmission medium and the by means of digital audio transmissions. traditional record sales.’’ S. Rep. No. confusion surrounding the question of The requested amendment would 104–128, at 16 (1995). For this reason, how the DPRA applied to some expand the current definition of the interactive services are excluded from nonsubscription digital audio services, term ‘‘Service’’ to state that a service is the limitations placed upon the new further legislation was needed to not interactive simply because it offers performance right and, consequently, achieve these goals. must conduct arms-length negotiations the consumer some degree of influence These changes were part of the Digital with the copyright owners of the sound over the programming offered by the Millennium Copyright Act of 1998 recordings before making a digital webcaster. (‘‘DMCA’’), Public Law 105–304, which, transmission of the works. DATES: Written comments are due June among other things, amended sections Congress first defined an ‘‘interactive 22, 2000. Reply comments are due July 112 and 114 of the Copyright Act to service’’ in the DPRA as a service that: 7, 2000. clarify that ‘‘the digital sound recording ADDRESSES: If sent by mail, an original performance right applies to enables a member of the public to receive, on and ten copies of comments and reply nonsubscription digital audio services request, a transmission of a particular sound recording chosen by or on behalf of the comments should be addressed to: such as webcasting’’ and to address the recipient. The ability of individuals to Copyright Arbitration Royalty Panel licensing issues raised by the request that particular sound recordings be (CARP), P.O. Box 70977, Southwest webcasters. Staff of the House of performed for reception by the public at large Station, Washington, DC 20024. If hand Representatives Comm. on the Judiciary, does not make a service interactive. If an delivered, they should be brought to: 105th Cong., 2d Sess., Section-by- entity offers both interactive and non- Office of the General Counsel, James Section Analysis of H.R. 2281 as Passed interactive services (either concurrently or at Madison Memorial Building, Room LM– by the United States House of different times), the non-interactive 403, First and Independence Avenue Representatives on August 4, 1998 at 50 component shall not be treated as part of an SE., Washington, DC 20559–6000. (Comm. Print, Serial No. 6, 1998). interactive service. FOR FURTHER INFORMATION CONTACT: Specifically, Congress amended section 17 U.S.C. 114(j)(4) (1995). David O. Carson, General Counsel, or 114 by creating a new statutory license The second sentence was added to Tanya M. Sandros, Senior Attorney, for nonexempt eligible nonsubscription make clear that ‘‘the term ‘interactive Copyright Arbitration Royalty Panel, transmissions (e.g., webcasting) and service’ is not intended to cover P.O. Box 70977, Southwest Station, nonexempt transmissions by preexisting traditional practices engaged in by, for Washington, DC 20024; Telephone: satellite digital audio radio services. example, radio broadcast stations, (202) 707–8380. Telefax: (202) 252– 17 U.S.C. 114(f) (1998). through which individuals can ask the 3423. For purposes of the DMCA, an station to play a particular sound recording as part of the service’s general SUPPLEMENTARY INFORMATION: ‘‘eligible nonsubscription transmission’’ is defined as: programming available for reception by Background members of the public at large.’’ S. Rep. a non-interactive nonsubscription digital In 1995, Congress enacted the Digital No. 104–128, at 33–34 (1995). audio transmission not exempt under In the DMCA, Congress expanded this Performance Right in Sound Recordings subsection (d)(1) that is made as part of a Act of 1995 (‘‘DPRA’’), Public Law 104– service that provides audio programming definition to include further explanation 39, which created an exclusive right for consisting, in whole or in part, of of the type of activity that does not, in copyright owners of sound recordings, performances of sound recordings, including and of itself, make a service interactive. subject to certain limitations, ‘‘to retransmissions of broadcast transmissions, if Specifically, the DMCA refined the perform the copyrighted work publicly the primary purpose of the service is to definition of an ‘‘interactive service’’ as provide to the public such audio or other follows: by means of a digital audio entertainment programming, and the primary transmission.’’ 17 U.S.C. 106(6). Among purpose of the service is not to sell, advertise, (7) An ‘‘interactive service’’ is one the limitations on the performance was or promote particular products or services that enables a member of the public to the creation of a licensing scheme for other than sound recordings, live concerts, or receive a transmission of a program interactive digital audio services and a other music-related events. specially created for the recipient, or on
VerDate 11
VerDate 11
VerDate 11
We intend these inventories to help • Include reporting fine particulate Act and its amendments. Using data nonattainment areas develop and meet matter and its precursors. States have already estimated or SIP requirements to reach the NAAQS. Previous requirements may have, at collected is a cheaper, more efficient States will need to inventory direct times, led to inefficient reporting. This way for us to get information to analyze. emissions of PM2.5 and its precursors rule provides options for reporting that EPA can pull your data into a central beginning in 2000 for the inventory year allow States to match their ongoing repository of emissions data and extract 1999. Since PM2.5 is a NAAQS activities with federal requirements and what we need to fulfill our mandates. provides two options for transmitting pollutant, we feel it is appropriate to How Will Others Use my Data Collected 2 data to EPA. This action also begin collecting this emissions data. Under This Requirement? States will also have to estimate direct consolidates existing and new emissions of primary particulate matter requirements of emission inventory Recent events have shown that some and PM2.5 precursor emissions of programs for point sources and 3-Year States need emissions data for areas condensible organics and ammonia. cycles. outside their borders. Programs such as These PM2.5 related data elements are Who Will Have To Comply With the the Ozone Transport Assessment Group, needed as input to emission models. CERR Requirements? the Ozone Transport Commission NOX The Administrator has determined that Baseline study, and the Grand Canyon States should submit statewide point This rule will apply to State and local Visibility Transport Commission source and 3-Year cycle inventories for air pollution control agencies. In the demonstrated this need. As we rule, we have adopted ‘‘plain English PM10, PM2.5, and regional haze, recognize pollution as a regional consistent with the data requirements language’’. When ‘‘you’’ is used we problem, agencies will need multistate mean the State or local agency. When for O3 and CO. Sections 110(a)(2)(F) and inventories more often to do such things 172(c)3 provide ample statutory ‘‘we’’ is used, EPA is meant. as regional modeling. authority for this proposal as it relates How Are the CERR’s Requirements We can meet our common needs by to criteria pollutants. Section Different From Existing Requirements? creating a central repository of data from 110(a)(2)(F) provides that SIPs are to State and local agencies, or a group of require ‘‘as may be prescribed by the (a) Additional Pollutants regional emissions databases. Such Administrator***(ii)periodic Your State’s inventory will add PM2.5, repositories offer the advantage of ready reports on the nature and amounts of and PM2.5 precursors to the criteria access and availability, common emissions and emissions-related data pollutants. procedures for ensuring the quality of from such sources.’’ Section 172(c)(2)(3) (b) Geographic Coverage of Inventory data, and an ability to meet the general provides that SIPs for nonattainment needs of many potential users. areas are to ‘‘include a comprehensive, Your State now reports point source accurate, current inventory of actual emissions statewide and emissions from What Happens if EPA Doesn’t Get my emissions from all sources of the area and mobile sources by Agency’s Emissions Data? relevant pollutant or pollutants in such nonattainment area. Your State’s new If we don’t receive your emissions area, including such periodic revisions inventory will be statewide by county information at the time this rule as the Administrator may determine for all source types, regardless of the specifies, we’ll use whatever we have to necessary to assure that the attainment status. produce emissions data for your requirements of this part are met.’’ (c) Frequency of Reporting agency’s geographical area. Congress Additional statutory authority for often mandates our analyses, so we Your State will continue to report emissions inventories from 1-hour depend on you to provide the data to emissions from very large point sources ozone nonattainment areas is provided complete them. If we don’t get your (See Table 1) annually. Your State has by section 182(a)(3)(A) and for data, we must find other ways to a choice to report smaller point sources emissions inventories from CO compile similar information. nonattainment areas is provided by every three years or one-third of the sources each year. Your State will We can estimate your agency’s section 187(a)(5). Section 301(a) inventory by any of the following: provides authority for EPA to continue to report emissions from • National allocation (top down) promulgate regulations embodying these nonattainment areas for area and mobile methods, provisions. sources every three years. Attainment areas will be required, for the first time, • Projecting from previous data, or What Is the Purpose of the Consolidated to report area and mobile source • Using our best judgment. Emissions Reporting Rule (CERR)? emissions. For area and mobile sources, our The purpose of this rule is fourfold: How Will EPA Use the Data Collected methods usually represent your • Simplify emissions reporting, Under This Reporting Requirement? emissions reasonably well. For point • Offer options for data exchange sources, our estimates are less accurate. • EPA uses emission inventories to We have to estimate activity and plant Unify reporting dates for various form realistic public policy by the categories of inventories, and parameters based on general knowledge following: rather than using your specific • Modeling analyses, information. 2 In American Trucking Assn. v. EPA, No. 97– • Projecting future control strategies, 1440 (‘‘ATA’’), the court found that the record • Tracking progress to meet The Act provides for other actions ‘‘amply justified’’ the need for fine particle requirements of the Clean Air Act, against a State if we do not receive your standards, but remanded for further consideration • of the levels of those standards. As EPA explained Calculating risk, and data. For example, if a State does not to the ATA Court in supplemental briefing on the • Responding to public inquiries. provide emissions data for NAAQS remedy, the States should proceed with preparation pollutants in nonattainment areas, EPA of PM2.5 emissions inventories because they will be Why Does EPA Want my State’s Data? may take actions such as making necessary regardless of the levels of the fine particle standards. Accordingly, it is appropriate to proceed Most of the information EPA needs is findings of failure to submit, that are with this proposal regarding the collection of readily available from States because of authorized in instances where a State emission inventories. the States’ efforts to follow the Clean Air fails to fulfill SIP obligations.
VerDate 11
What Additional Reporting than 75%, considering control of Assessing progress in reducing Requirements Is EPA Considering? emissions from all stationary sources, as cumulative risk from HAPs will require We are seeking comment on the well as a substantial reduction in public EPA to move away from a focus on advisability of requiring new reporting health risks posed by HAPs from area assessing reductions from tons per year of hazardous air pollutants (HAP) sources. These mandated risk emitted, toward a focus on estimating emissions. reductions are to be achieved by taking reductions in cancer and non-cancer In addition to the emission inventory into account all emission control risks associated with lower emissions. provisions related to NAAQS pollutants, measures implemented by the In general, the choice of appropriate risk EPA is also considering requiring Administrator or by the States under characterization approaches will be emission inventory reporting of HAPs. this or any other laws. A reliable HAP influenced by both the availability of The requirements for HAP reporting emission inventory covering all data to support exposure assessments, would be imposed under authority of stationary sources of HAPs, including and the level of detail and resolution section 301(a) which authorizes the point and area sources, will be needed to support the purpose of the important in developing the mandated Administrator to prescribe such assessment. EPA has identified four strategy and demonstrating that the regulations as are necessary to carry out basic approaches for various strategy achieves the mandated risk her functions under the Act. Several assessments to evaluate progress with reductions. It would be virtually provisions in the CAA address HAPs the air toxics program in reducing impossible for us to identify and and, by the nature of their requirements, estimated risk. While each of the estimate HAP-specific emission imply the need for a HAP emissions approaches relies on different types of reductions from all the federal and State inventory. Some examples follow. data to represent exposures, all of these rules that might result in HAP emission Title V of the Act requires the approaches rely on emission inventory reductions. Therefore, we believe Administrator to perform an oversight information. The four basic approaches development of the strategy and role with respect to State issued are: (1) toxicity weighting of emissions assessment of progress in achieving the permits, including permits issued to or ambient concentrations; (2) strategic goals requires that we develop major sources of HAP emissions. In comparison between ambient and periodically update a HAP emission order to determine whether that concentration and risk-based inventory. As presented in a recent concentrations (RBCs); (3) comparison program is being appropriately and Federal Register notice on the National lawfully administrated by the States between estimated exposure and RBCs Air Toxics Program: The Integrated that may yield quantitative estimates of with respect to major HAP sources, a Urban Strategy (64 FR 38706), we have HAP emission inventory is necessary. risk; and (4) quantitative estimates of designed an assessment approach that carcinogenic risk for individuals and You are developing programs to regulate depends upon a reliable and HAPs and your Title V programs must populations. Approaches 1 and 2 are periodically updated HAP emission considered hazard-based approaches, in include permits for all HAP sources inventory as a critical element in the emitting major quantities of HAPs (10 that they lack exposure or dispersion assessments that support the modeling, while approaches 3 and 4 are tons of one HAP or 25 tons of multiple development and evaluation of our HAPs per year). Thus, the Administrator considered risk-based approaches in urban strategy. that they do incorporate exposure believes including HAPs in the point In addition to the Act requirements, source inventory is appropriate and assessments and thereby can provide the Government Performance and quantitative risk estimates. Approaches necessary. Results Act (GPRA) provides new 3 and 4 require a detailed emission Section 112(n)(1)(A) requires us to emphasis on the need for HAP emission inventory that includes facility-specific report to Congress on the hazards to inventories, assessment of emissions detail (e.g., geographic location, stack public health reasonably anticipated to reductions, and resulting reductions in heights). occur as a result of emissions from risk. The GPRA, enacted in 1993, electric utility steam generating units. You would be required to report HAP requires federal agencies to establish emissions for plants emitting at least 10 Section 112(n)(1)(B) requires us to standards measuring their performance provide a report to Congress that tons per year of one HAP or 25 tons per and effectiveness. It is the primary year of two or more HAPs. You would considers the rate and mass of HAP legislative mandate that requires be required to report the same data emissions and the health and agencies to set strategic goals, measure elements now being submitted for environmental effects of these performance, and report on the degree criteria pollutants. You would provide emissions. Section 112(c)(6) requires a to which goals are met. list of categories and subcategories of For the EPA’s air toxics program, the these new data as part of the 3-year HAP sources subject to standards that initial goal, by 2010, is to reduce air cycle inventory. account for not less than 90% of the toxic emissions by 75% from 1993 III. Administrative Requirements aggregate emission of each pollutant. levels to significantly reduce the risk to Although these new requirements do Americans of cancer and other serious A. Executive Order 12866 not include specific provisions adverse health effects caused by Under Executive Order 12866 (58 FR requiring the compilation of HAP airborne toxics. 51735, October 4, 1993), we must emissions inventories, they do The EPA is working to further refine determine whether the regulatory action introduce the need for such inventories this goal so that in the future the air is ‘‘not significant’’ and therefore not in order to carry out the mandated toxics program will protect human subject to review by the Office of statutes. health and the environment by reducing Management and Budget (OMB) and to Section 112(k)(3) of the Act mandates the risks from air toxic emissions, the Executive Order’s requirements. that we develop a strategy to control particularly focusing on populations We’ve determined this action is emissions of HAPs from area sources in and areas disproportionately impacted ‘‘significant’’ and therefore does require urban areas, and that the strategy which include, for example, urban OMB review, based on the Order’s achieve a reduction in the incidence of areas, children at risk, and populations definition of a ‘‘significant’’ regulatory cancer attributable to exposure to HAPs whose water and food are affected by action as one that is likely to result in emitted by stationary sources of not less persistent, bioaccumulating toxics. a rule that may do any of the following:
VerDate 11
1. Have an annual effect on the establish requirements for collecting (202) 260–2740. A copy may also be economy of $100 million or more or and reporting new data to EPA and for downloaded from the internet at http:/ materially harm the economy, a sector this reason is deemed to be /www.epa.gov/icr. of the economy, productivity, ‘‘significant’’. Today’s action revises part 51 to competition, jobs, the environment, consolidate old reporting requirements, B. Paperwork Reduction Act public health or safety, or State and adds new requirements for PM2.5 and its local governments or communities. The The new information collection precursors, adds new Statewide ICR (EPA ICR No. 0916.09) analysis requirements in this proposed rule have reporting requirements for area and shows that the costs to implement the been submitted for approval to the mobile sources and asks for comments Rule are less than $100 million. The Office of Management and Budget on newly recognized reporting needs for analysis from the ICR shows total costs (OMB) under the Paperwork Reduction HAPs. Data from proposed new including proposed new requirements Act, 44 U.S.C. 3501 et seq. Earlier the reporting will be used to: and start up are about $2 million. Office of Management and Budget • Support modeling analyses, 2. Create a serious inconsistency or approved the current information • Project future control strategies, otherwise interfere with an action taken collection requirements in part 51 under • Track progress to meet or planned by another Agency. The rule the Paperwork Reduction Act and has requirements of the Clean Air Act, will increase data consistency, thus assigned OMB control number 2060– • Calculate risk, and assisting other Agencies. 0088 (EPA ICR No. 916.07). The • Respond to public inquiries. 3. Materially alter the budgetary effect Information Collection Request (ICR) If finalized, this proposed rule would of entitlements, grants, user fees, or loan document for the new information contain mandatory information programs or the rights and obligations of collection requirements has been reporting requirements (see 40 CFR those who receive them. Grant funds prepared by EPA (ICR No. 0916.09) and 51.001); EPA considers all information have been identified to support these a copy may be obtained from Sandy reported under this proposed rule to be activities. Farmer by mail at Collection Strategies in the public domain and therefore 4. Raise novel legal or policy issues Division; U.S. Environmental Protection cannot be treated as confidential. arising out of legal mandates, the Agency (2822); 1200 Pennsylvania Ave., The information in the following table President’s priorities, or the principles NW, Washington, DC 20460, by email at was summarized from ICR 0916.09 and in the Executive Order. This rule will [email protected], or by calling presents the reporting burden estimates.
BURDEN ESTIMATE SUMMARY
Number of Hours per Total hours Total labor Total annual Total annual Reporting requirement respondents respondent per year costs per year capital costs O&M costs
STATE RESPONDENTS
Current ...... 55 121 6,636 $205,420 $23,100 $6,600 Statewide Area and Mobile Source Re- porting ...... * 717 20,971 553,897 ...... PM2.5 Reporting ...... 55 42 2,310 61,006 ...... HAP Reporting ...... * 700 14,350 378,976 ......
Subtotal for States ...... 1,580 44,267 1,199,299 ......
INDUSTRY RESPONDENTS
HAP Reporting ...... 7,500 3 22,500 844,000 ......
Total ...... 7,555 ...... 66,767 2,043,299 23,100 6,600 * Varies.
The results in the table are broken all of the emission inventory reporting advisability of requiring HAP reporting, down into State respondents and requirements in place prior to this these costs are shown separately in the industry respondents. Within these proposed rule are labeled ‘‘current’’ and table. Note that there is a burden groups, the reporting burden is further total 6,636 hours per year. Because of increment for both State and industry broken down into ‘‘current the streamlining and flexibility offered respondents. For the States, the new requirements’’,‘‘Statewide area and by the CERR, these ‘‘current’’ HAP reporting burden would add mobile source reporting requirements’’, requirements are reduced from the 14,350 hours per year. For industry, ‘‘PM2.5 reporting requirements’’, and original burden estimate of 11,448 hours 22,500 hours per year would be added. ‘‘HAP reporting requirements.’’ This has per year; a savings of 4,812 hours per The total burden impact of the CERR, been done to highlight the major areas year. The new reporting requirements including the HAP reporting changed by the CERR and to show the for Statewide area and mobile source requirements, is estimated to be 66,767 impact of these changes on the reporting adds 20,971 hours per year hours per year for State and industry estimated burden. and the PM2.5 reporting requirements respondents. For the States alone, this To simplify the discussion, only the adds 2,310 hours per year. All of these total is 44,267 hours per year. It should total hours per year will be discussed, burden changes are attributable to the be noted that, of this State total of however, the other burden components State agency respondents. 44,267 hours per year, approximately are related and the discussion would be Because the Environmental Protection 20,000 hours per year are associated similar. The burden hours estimated for Agency is requesting comment on the with start-up costs that will no longer be
VerDate 11
VerDate 11
VerDate 11
51.35 When does my State report the data B point and 3-Year cycle sources in a § 51.25 What are the emission thresholds to EPA? single year, your State should report this that separate point and area sources? 51.40 In what form should my State report data instead of a third of the estimates (a)(1) Use the following actual the data to EPA? each year. If your State is a NO SIP Call emissions thresholds in attainment 51.45 Where should my State report the X state as defined in § 51.122, your State areas for point source reporting: data? (i) Sources emitting at least 100 tpy Appendix A to Subpart A of Part 51—Tables can’t use these optional reporting and Glossary frequencies for NOX. for SOX, VOC, NOX, PM10, PM2.5. Appendix B [Reserved] (b) If your State needs a base year (ii) Sources emitting at least 1000 tpy emission inventory for a selected for CO. Subpart AÐEmission Inventory pollutant, your State must compile an (iii) Sources emitting at least 5 tpy for Reporting Requirements inventory of all affected source lead and lead compounds. categories for the specified year. (2) See Table 1 of appendix A to this § 51.1 For what sources must States do (c) If your State chooses the method subpart for reporting thresholds on emissions reporting? of reporting one-third of your Type B point sources in nonattainment areas. Point sources for which States must sources and 3-Year cycle sources each (b) Your State has the option to report emissions annually under year, your State must compile each year inventory and report any stationary § 51.321 are defined as follows: of the three year period identically. For sources below these thresholds as point or area sources. If you have lower (a) For PM10, PM2.5, ammonia, sulfur example, if a process hasn’t changed for oxides, VOC, and nitrogen oxides, any a source category or individual plant, emission thresholds for point sources in plant that actually emits at least 90.7 your State must use the same emission your State, you should use them in reporting your emissions to EPA. See metric tons (100 tons) per year of any factors to calculate emissions for each Table 1 of appendix A to this subpart for pollutant. year of the three year period. If your thresholds to report 3-Year cycle data (b) For carbon monoxide, any plant State has revised emission factors and Tables 2a through 2d of appendix that actually emits at least 907 metric during the three years for a process that A to this subpart for data elements to tons (1000 tons) per year. hasn’t changed, resubmit previous (c) For lead and lead compounds report. year’s data using the revised factor. If (c) In moderate PM nonattainment measured as elemental lead, any plant your State uses models to estimate 10 that actually emits at least 4.5 metric areas your State should inventory emissions during any year of the three sources emitting at least 100 tpy (actual) tons (5 tons) per year. year period, make them identical for all as point sources. In serious PM10 General Information for Inventory three years. nonattainment areas, this requirement Preparers Specific Reporting Requirements applies to sources emitting at least 70 tpy (actual). Inventory PM2.5 sources § 51.5 Who is responsible for actions § 51.20 What data does my State need to described in this subpart? emitting at least 100 tpy (actual) as report to EPA? point sources. Inventory ammonia (a State and local agencies whose (a) Pollutants. Report emissions of the precursor to PM2.5) as a point or area geographic coverage include any point, following: source. area, mobile, or biogenic sources must (1) Sulfur oxides. inventory these sources and report this (2) VOC. § 51.30 What geographic area must my information to EPA. (3) Nitrogen oxides. State's inventory cover? (4) Carbon monoxide. Because of the regional nature of these § 51.10 What tools are available to help (5) Lead and lead compounds. pollutants, your State’s inventory must prepare and report emissions data? (6) PM10. be statewide, regardless of an area’s (a) We urge your State to use (7) PM2.5. attainment status. estimation procedures described in (8) PM2.5 precursors including documents from the Emission Inventory ammonia. § 51.35 When does my State report the Improvement Program (EIIP). These (b) Supporting information. Report data to EPA? procedures are standardized and ranked the data elements in Table 2a through Your State must report data for the according to relative uncertainty for 2d of appendix A to this subpart. point source inventory and the 3-Year each emission estimating technique. Depending on the format you choose to cycle inventory 17 months (by June 1) Using this guidance will enable others report your State data, additional after the end of the calendar emission to use your State’s data and be able to information not listed in Tables 2a year. For example, your calender year evaluate its quality and consistency through 2d will be required. Specific 1999 inventory should be reported to with other data. instructions for your State system EPA by June 1, 2001. format should be consulted. Any you (a) Point source. As seen in Table 1 of § 51.15 How does my State reduce the don’t report we’ll have to generate with appendix A to this subpart, your State effort for reporting? our own techniques. We may ask you should divide your point source (a) Compiling smaller point source for other data to meet special inventory into two subsets—Type A (Type B) and 3-Year cycle inventories requirements. source inventory and Type B source (see Appendix A, Table 1 of this (c) Confidential data. We don’t inventory—with different reporting subpart) means much more effort every consider the data in Tables 2a through frequencies. Report actual annual three years, but your State may ease this 2d of appendix A to this subpart emissions from Type A point sources workload spike by reporting one-third of confidential, but some States limit each calendar year. Review stack data your Type B point and 3-Year cycle release of this type of data. Any data (height, diameter, flow rate, sources each year. For these sources, that you submit to EPA under this rule temperature, velocity, and stack your State will therefore have data from will be considered in the public domain number) every three years and send in three successive years at any given time, and cannot be treated as confidential. If changes shown in Table 2a of appendix rather than from the single year in Federal and State requirements are A to this subpart. which it is compiled. If your State needs inconsistent, consult your EPA Regional (b) 3-Year cycle. (1) Your State should to inventory the entire category of Type Office for a final reconciliation. send EPA its annual and daily estimates
VerDate 11
of actual emissions every three years for (2) For all NOX sources including (2) Submit your State’s data in the Type B point sources and area and point, area and mobile sources within Electronic Data Interchange (EDI) mobile sources. For Type B point source your State, whether controlled or format. inventories, include facilities not uncontrolled, submit estimates of NOX (b) Some metadata describing your reported under the Type A source emissions every three years for the NOX submission are not listed in Tables 2a requirement. Area data includes sources ozone season as shown in Tables 2a, 2b through 2d of appendix A of this below the thresholds for Type B point and 2c of appendix A to this subpart. subpart are also required. Because (d) Other. Your State must establish sources. Your State may report electronic reporting technology an initial baseline for biogenic emissions from one-third of your State’s continually changes, contact your EPA emissions. Your State need not submit Type B point sources, area, and mobile Regional Office for acceptable formats. more biogenic data unless land use sources each year or from all sources You should consult specific instructions characteristics or the methods for every three years. for your State system format to estimating emissions change. If either of (2) Your State and your EPA Regional determine additional requirements not these variables change, your State must Office may tailor the reporting by listed in Tables 2a through 2d. selecting sources that most affect your report new biogenic emissions during agency. the reporting period in the following § 51.45 Where should my State report the (3) We encourage your State to year as shown in Table 2d of appendix data? A of this subpart. integrate your State’s own reporting (a) If your State uses either the NET requirements with EPA’s. § 51.40 In what form should my State Input format or the EDI format, your (c) NOX SIP call. For NOX SIP call report the data to EPA? State submits or reports data by either reporting, States must submit data for a (a) For better access by everyone, providing it to EPA directly or notifying required year no later than 12 months report emissions in your State in an EPA that it is available in the specified after the end of the calendar year for electronic format using one of two format and at a specific electronic which the data are collected. options. You can find specific location (FTP site). (1) For point, area and mobile sources instructions for each option at the (b) For the latest information on data within your State that your State is following Internet address: http:// reporting procedures, call our Info Chief controlling to meet the NO reductions X www.epa.gov/ttn/chief/ei/eisubmit.html help desk at (919)541–1000 or email to in § 51.121, submit estimates of NO X These two options are as follows: [email protected]. annually for the NOX ozone season as (1) Submit your State’s data in the shown in Tables 2a, 2b and 2c of National Emissions Trends (NET) input Appendix A to Subpart A of Part 51— appendix A to this subpart. format; or Tables and Glossary
TABLE 1.ÐSUMMARY OF REQUIREMENTS FOR REPORTING EMISSION INVENTORIES
Point source inventory Provision NOX SIP call inventory 3-Year inventory Type A sources 1 Type B sources 1
CAA citation ...... Section 110(a)(2)(F) ...... Section 110(a)(2)(F), § 112 Section 110(a)(2) ...... Section 172(c)(3), Section 182(a)(3)(A), and Sec- tion 187(a)(5), § 112 1. Frequency of reporting .. Annual ...... Every three years ...... Annual ...... Every three years 2. Estimating period ...... Annual ...... Annual and Daily 3 ...... Five month season ...... Annual and Daily 3 3. Areas to which provision Entire U.S. (Statewide) ..... Entire U.S. (Statewide) ..... NOX SIP Call areas Entire U.S. (Statewide) applies. (Statewide). 4. Pollutants and source Pollutant ...... Pollutant ...... Pollutant ...... Pollutant Ozone NA size thresholds. areas: 4 tpy 2 tpy 2 tpy 2 tpy 2 SOX ≥ 2,500 SOX ≥ 100 NOX ≥ 100 ...... VOC ≥ 10, NOX ≥ 2,500 NOX ≥ 100, NOX ≥ 100, VOC ≥ 250 VOC ≥ 100 Lesser thresholds to be CO ≥ 100. PM10 ≥ 250 PM10 ≥ 100 defined by state 4 PM2.5 ≥ 250 PM2.5 ≥ 100 CO NA areas: CO ≥ 2,500 CO ≥ 1,000 CO ≥ 100. NH3 ≥ 250 Pb ≥ 5 NH3 ≥ 100 All sources not inventoried as point sources shall be inventoried as area or mobile sources and reported only if they are to be controlled to meet emission budget.
VerDate 11
TABLE 1.ÐSUMMARY OF REQUIREMENTS FOR REPORTING EMISSION INVENTORIESÐContinued
Point source inventory Provision NOX SIP call inventory 3-Year inventory Type A sources 1 Type B sources 1
PM±10 NA areas: 4 PM10 ≥ 70 (serious), PM10 ≥ 100 (moderate).
4 PM2.5 NA areas: PM2.5 ≥ 100. Ammonia may be inventoried as a point or area source. Inventory includes: • Point sources ≥ speci- fied tpy. • Area sources < specified tpy. • Onroad mobile sources. • Nonroad mobile sources. • Biogenic sources. 1 Previously, the Type A sources and the Type B sources together constituted the annual inventory (40 CFR Part 51.321±323); all such sources were required to report annually. 2 tpy = tons per year. 3 Ozone daily emissions = summer work weekday; CO daily emissions = winter work weekday; PM daily emissions = to be defined in consulta- tion with Regional office. 4 Thresholds apply to nonattainment areas only; remainder of State uses Type B Source thresholds to distinguish between point and area sources.
TABLE 2A.ÐDATA ELEMENTS THAT STATES MUST REPORT FOR POINT SOURCES
Annual Every 3 years Data elements Entire U.S. NOX SIP call Entire U.S. NAA NOX SIP call
1 Emission levels (Tons per year) ...... VOC≥250 NOX≥100 VOC≥100 VOC≥10 NOX≥100 1 NOX≥2500 Lesser thresholds NOX≥100 NOX≥100 1 SOX≥2500 to be defined by SOX≥100 PM10≥70 1 PM10≥250 state PM10≥100 CO ≥100 PM2.5≥250 PM2.5≥100 CO≥2500 CO≥1000 NH3≥ 250 Pb≥5 NH3≥100 1. Inventory year ...... ✔✔✔✔✔ 2. Inventory start date ...... ✔ ✔✔✔ 3. Inventory end date ...... ✔ ✔✔✔ 4. Inventory type ...... ✔ ✔✔✔ 5. State FIPS code ...... ✔✔✔✔✔ 6. County FIPS code ...... ✔✔✔✔✔ 7. Federal ID code (plant) ...... ✔✔✔✔✔ 8. Federal ID code (point) ...... ✔✔✔✔✔ 9. Federal ID code (process) ...... ✔✔✔✔✔ 10. Site name ...... ✔✔✔✔✔ 11. Physical address ...... ✔✔✔✔✔ 12. SCC ...... ✔✔✔✔✔ 13. Heat content (fuel) (annual) ...... ✔✔✔✔✔ 14. Ash content (fuel) (annual) ...... ✔✔✔ 15. Sulfur content (fuel) (annual) ...... ✔✔✔ 16. Heat content (fuel) (seasonal) ..... ✔✔ 17. Source of fuel heat content ...... ✔✔ 18. Pollutant code ...... ✔✔✔✔✔ 19. Activity/throughput (annual) ...... ✔✔✔✔✔ 20. 2 Activity/throughput (daily) ...... ✔✔✔✔✔ 21. Activity/throughput (NOX ozone ✔✔ season). 22. Source of activity/throughput ✔✔ (NOX ozone season). 23. Work weekday emissions ...... ✔✔✔✔✔ 24. Annual emissions ...... ✔✔✔ 25. NOX Ozone season emissions .... ✔✔ 26. Area classification ...... ✔✔ 27. Emission factor ...... ✔✔✔✔✔ 28. Source of emission factor ...... ✔✔
VerDate 11
TABLE 2A.ÐDATA ELEMENTS THAT STATES MUST REPORT FOR POINT SOURCESÐContinued
Annual Every 3 years Data elements Entire U.S. NOX SIP call Entire U.S. NAA NOX SIP call
29. Winter throughput (%) ...... ✔✔✔ 30. Spring throughput (%) ...... ✔✔✔✔✔ 31. Summer throughput (%) ...... ✔✔✔✔✔ 32. Fall throughput (%) ...... ✔✔✔✔✔ 33. Hr/day in operation ...... ✔✔✔✔✔ 34. Start time (hour) ...... ✔✔✔✔✔ 35. Day/wk in operation ...... ✔✔✔✔✔ 36. Wk/yr in operation ...... ✔✔✔✔✔ 37. Federal ID code (stack number) .. ✔✔✔✔ 38. X stack coordinate (latitude) ...... ✔✔✔ 39. Y stack coordinate (longitude) ..... ✔✔✔ 40. Stack height ...... ✔✔ 41. Stack diameter ...... ✔✔ 42. Exit gas temperature ...... ✔✔ 43. Exit gas velocity ...... ✔✔ 44. Exit gas flow rate ...... ✔✔ 45. SIC/NAICS ...... ✔✔✔ 46. Design capacity ...... ✔✔✔ 47. Maximum nameplate capacity ..... ✔✔✔ 48. Primary control eff (%) ...... ✔✔✔ 49. Secondary ctl eff (%) ...... ✔✔✔ 50. Control device type ...... ✔✔✔ 51. Rule effectiveness (%) ...... ✔✔ 1 Both daily and annual emission estimates required. 2 May be derived from annual or seasonal throughput.
TABLE 2B.ÐDATA ELEMENTS THAT STATES MUST REPORT FOR AREA AND NONROAD SOURCES
Annual Every 3 years Data elements 1 Entire U.S. NOX SIP Call Entire U.S. NAA NOX SIP call
2 Emissions levels (Tons per year) ...... VOC <10 NOX <100 2 NOX <100 2 PM10 <100 2 PM2.5 <100 2 CO <100 2 NH3 <100 1. Inventory year ...... ✔✔ ✔ 2. Inventory start date ...... ✔✔ ✔ 3. Inventory end date ...... ✔✔ ✔ 4. Inventory type ...... ✔✔ ✔ 5. State FIPS code ...... ✔✔ ✔ 6. County FIPS code ...... ✔✔ ✔ 7. SCC ...... ✔✔ ✔ 8. Emission factor ...... ✔✔ ✔ 9. Source of emission factor ...... ✔✔ 10. Activity/throughput level (annual) ✔✔ ✔ 11. Activity/throughput (NOX ozone ✔✔ season). 12. Source of activity/throughput ✔✔ (NOX ozone season). 13. Total capture/control efficiency ✔✔ ✔ (%). 14. Rule effectiveness (%) ...... ✔✔ ✔ 15. Rule penetration (%) ...... ✔✔ ✔ 16. Pollutant code ...... ✔✔ ✔ 17. Summer/winter work weekday ✔✔ ✔ emissions. 18. Annual emissions ...... ✔✔ ✔ 19. NOX ozone season emissions ..... ✔✔ 20. Source of emissions data ...... ✔✔ 21. Winter throughput (%) ...... ✔✔ ✔ 22. Spring throughput (%) ...... ✔✔ ✔ 23. Summer throughput (%) ...... ✔✔ ✔ 24. Fall throughput (%) ...... ✔✔ ✔ 25. Hr/day in operations ...... ✔✔ ✔ 26. Day/wk in operations ...... ✔✔ ✔
VerDate 11
TABLE 2B.ÐDATA ELEMENTS THAT STATES MUST REPORT FOR AREA AND NONROAD SOURCESÐContinued
Annual Every 3 years Data elements 1 Entire U.S. NOX SIP Call Entire U.S. NAA NOX SIP call
27. Wk/yr in operations ...... ✔✔ ✔
1 You are only required to report sources within your State if they are CONTROLLED to meet NOX reductions under § 51.121. 2 Both daily and annual emission estimates required.
TABLE 2C.ÐDATA ELEMENTS THAT STATES MUST REPORT FOR ONROAD MOBILE SOURCES
Annual Every 3 years
Data elements 1 NOX SIP Entire U.S. call Entire U.S. NAA NOX SIP call
1. Inventory year ...... ✔✔ ✔ 2. Inventory start date ...... ✔✔ ✔ 3. Inventory end date ...... ✔✔ ✔ 4. Inventory type ...... ✔✔ ✔ 5. State FIPS code ...... ✔✔ ✔ 6. County FIPS code ...... ✔✔ ✔ 7. SCC ...... ✔✔ ✔ 8. 2 Emission factor ...... ✔✔ ✔ 9. Activity (VMT by Roadway Class) ...... ✔✔ ✔ 10. Source of activity data ...... ✔✔ 11. Pollutant code ...... ✔✔ ✔ 12. Summer/winter work weekday emissions ...... ✔✔ ✔ 13. Annual emissions ...... ✔ 14. NOX Ozone season emissions ...... ✔✔ 15. Source of emissions data ...... ✔✔
1 You are only required to report Onroad Mobile sources within your State if they are CONTROLLED to meet NOX reductions under § 51.121. 2 Both daily and annual emission estimates required.
TABLE 2D.ÐDATA ELEMENTS THAT STATES MUST REPORT FOR BIOGENIC SOURCES
Annual Every 3 years Data elements Entire U.S. Entire U.S. NAA
1. Inventory year ...... ✔ 2. Inventory start date ...... ✔ 3. Inventory end date ...... ✔ 4. Inventory type ...... ✔ 5. State FIPS code ...... ✔ 6. County FIPS code ...... ✔ 7. SCC ...... ✔ 8. Pollutant code ...... ✔ 9. Summer/winter work weekday emissions ...... ✔ 10. Annual emissions ...... ✔
Glossary to Appendix A that define the emissions period used to or calculated that represent a calendar estimate the daily activity rate/ year. Activity rate/throughput (annual)—A throughput. Ash content—Inert residual portion of measurable factor or parameter that Area classification—The Clean Air a fuel. relates directly or indirectly to the Act classification of the nonattainment Biogenic sources—Biogenic emissions emissions of an air pollution source. area containing the reporting source are all pollutants emitted from non- Depending on the type of source (transitional, marginal, moderate, anthropogenic sources. Example sources category, activity information may refer serious, severe, extreme). include trees and vegetation, oil and gas to the amount of fuel combusted, raw Area sources—Area sources seeps, and microbial activity. material processed, product collectively represent individual Control device type—The name of the manufactured, or material handled or sources that have not been inventoried type of control device (e.g., wet processed. It may also refer to as specific point, mobile, or biogenic scrubber, flaring, or process change). population, employment, number of sources. These individual sources County/parish/reservation (FIPS)— units, or miles traveled. Activity treated collectively as area sources are Federal Information Placement System information is typically the value that is typically too small, numerous, or (FIPS). FIPS is the system of unique multiplied against an emission factor to difficult to inventory using the methods numeric codes the government generate an emissions estimate. for the other classes of sources. developed to identify States, counties, Activity rate/throughput (daily)—The Annual emissions—Actual emissions towns, and townships for the entire beginning and ending dates and times for a plant, point, or process—measured United States, Puerto Rico, and Guam.
VerDate 11
Day/wk in operations—Days per week Mobile source—A motor vehicle, may refer to the amount of fuel that the emitting process operates. nonroad engine or nonroad vehicle. combusted, raw material processed, Design capacity—A measure of the • A ‘‘motor vehicle’’ is any self- product manufactured, or material size of a point source, based on the propelled vehicle used to carry people handled or processed. It may also refer reported maximum continuous capacity or property on a street or highway. to population, employment, number of of the unit. • A ‘‘nonroad engine’’ is an internal units, or miles traveled. Activity Emission factor—Ratio relating combustion engine (including fuel information is typically the value that is emissions of a specific pollutant to an system) that is not used in a motor multiplied against an emission factor to activity or material throughput level. vehicle or vehicle only used for generate an emissions estimate. Exit gas flow rate—Numeric value of competition, or that is not affected by Seasonal fuel heat content—The stack gas’s flow rate. sections 111 or 202 of the CAA. amount of thermal heat energy in a Exit gas temperature—Numeric value • A ‘‘nonroad vehicle’’ is a vehicle solid, liquid, or gaseous fuel used of an exit gas stream’s temperature. that is run by a nonroad engine and that during the pollutant season. Fuel heat Exit gas velocity—Numeric value of is not a motor vehicle or a vehicle only content is typically expressed in units of an exit gas stream’s velocity. used for competition. Btu/lb of fuel, Btu/gal of fuel, joules/kg Fall throughput (%)—Part of the NOX ozone season emissions—Actual of fuel, etc. throughput for the three Fall months ozone season emissions for a plant, Secondary control eff (%)—The (September, October, November). This point, or process, either measured or emission reduction efficiency of a expresses part of the annual activity calculated. Ozone season emissions for secondary control device. Control information based on four seasons— NOX SIP Call are the emissions between efficiency is usually expressed as a typically spring, summer, fall, and May 1 and September 30. (Note that 40 percentage or in tenths. winter. It can be a percentage of the CFR Part 58 contains a different Source of activity rate/throughput annual activity (e.g., production in definition for ozone season monitoring.) data—Source of data from which you summer is 40% of the year’s Physical address—Street address of a got the activity rate/throughput. production) or units of the activity (e.g., facility. Source of emission factor—Source of out of 600 units produced, spring =150 Point source—Point sources are large, data from which you got the emission units, summer = 250 units, fall = 150 stationary (non-mobile), identifiable factor. units, and winter = 50 units). sources of emissions that release Source of fuel heat content data— Federal ID code (plant)—Unique code pollutants into the atmosphere. State or Source of data from which you got the for a plant or facility, containing one or local air regulatory agencies define a fuel heat content. more pollutant-emitting sources. plant as a point source whenever it SIC/NAICS—Standard Industrial Federal ID code (point)—Unique code annually emits more than a specified Classification code. NAICS (North for the point of generation of emissions, amount of a given pollutant; these American Industry Classification typically a physical piece of equipment. ‘‘cutoff’’ levels definitions vary among System) codes will replace SIC codes. Federal ID code (process)—Unique State and local agencies. A stationary U.S. Department of Commerce’s code for code for the process generating the source which emits less than a ‘‘cutoff’’ businesses by products or services. emissions, typically a description of a is an area source. Site name—The name of the facility. process. Pollutant code—A unique code for Spring throughput (%)—Part of Federal ID code (stack number)— each reported pollutant assigned in the throughput or activity for the three Unique code for the point where EIIP Data Model. The model uses spring months (March, April, May). See emissions from one or more processes character names for criteria pollutants the definition of Fall Throughput. release into the atmosphere. and Chemical Abstracts Service (CAS) Stack diameter—A stack’s inner Heat content—The amount of thermal numbers for all other pollutants. You physical diameter. heat energy in a solid, liquid, or gaseous may be using SAROAD codes for Stack height—A stack’s physical fuel. Fuel heat content is typically pollutants, but you should be able to height above the surrounding terrain. expressed in units of Btu/lb of fuel, Btu/ map them to the pollutant codes in the Start time (hour)—Start time (if gal of fuel, joules/kg of fuel, etc. EIIP Data Model. available) that you used to calculate the Hr/day in operations—Hours per day Rule effectiveness (RE)—How well a emissions estimates. that the emitting process operates. regulatory program achieves all possible State/providence/territory (FIPS)— Inventory end date—Last day of the emission reductions. This rating reflects Federal Information Placement System inventory period. the assumption that controls typically (FIPS). FIPS is the system of unique Inventory start date—First day of the aren’t 100 percent effective because of numeric codes the government inventory period. equipment downtime, upsets, decreases developed to identify States, counties, Inventory type—Type of inventory in control efficiencies, and other towns, and townships for the entire represented by data (i.e., point, 3-Year deficiencies in emission estimates. RE United States, Puerto Rico, and Guam. cycle, daily). adjusts the control efficiency. Sulfur content—Sulfur content of a Inventory year—The calendar year for Rule penetration—The percentage of fuel, usually expressed as a percentage. which you calculated emissions an area source category covered by an Summer throughput (%)—Part of estimates. applicable regulation. throughput or activity for the three Maximum nameplate capacity—A SCC—Source category code. A summer months (June, July, August). measure of a unit’s size that the process-level code that describes the See the definition of Fall Throughput. manufacturer puts on the unit’s equipment or operation which is Summer/winter work weekday nameplate. emitting pollutants. emissions—Average day’s emissions for Metadata—Data that describes how Seasonal activity rate/throughput—A a typical day. Ozone daily emissions = and when and by whom a particular set measurable factor or parameter that summer work weekday; CO and PM of data was collected, and how the data relates directly or indirectly to the daily emissions = winter work weekday. is formatted. Metadata are essential for pollutant season emissions of an air Total capture/control efficiency—The understanding information stored in pollution source. Depending on the type emission reduction efficiency of a data bases. of source category, activity information primary control device, which shows
VerDate 11
VerDate 11
VerDate 11 VerDate 11 Dated: May 18, 2000. for public inspection, by appointment, In addition, she found that populations Irene M. Flannery, during normal business hours at the of gopher frogs from Harrison County, Chief, Accounting Policy Division. above address. Mississippi, were genetically distinct [FR Doc. 00–12981 Filed 5–22–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: Ms. from other populations of gopher frogs BILLING CODE 6712±01±P Linda LaClaire at the above address, east of the Mobile River drainage in telephone 601/965–4900, or facsimile Alabama. Young analyzed tissue from 601/965–4340. gopher frogs across the range of the DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: species including populations in Mississippi, Alabama, Georgia, Florida, Fish and Wildlife Service Background and North Carolina. Although The gopher frog (Rana capito) is a Mississippi gopher frogs showed a fixed 50 CFR Part 17 member of the large cosmopolitan difference at only a single locus (site for RIN 1018±AF90 family, Ranidae (‘‘true frogs’’). The a specific gene on a chromosome) from genus Rana is the only North American all other gopher frogs, this difference is Endangered and Threatened Wildlife representative of this family. We define considered by many taxonomists to be and Plants; Proposed Rule To List the the Mississippi gopher frog distinct significant enough to warrant elevation Mississippi Gopher Frog Distinct population segment as those of the frog to its own species (B. Crother, Population Segment of Dusky Gopher populations of gopher frogs in the lower Southern Louisiana University, pers. Frog as Endangered coastal plain ranging from the comm. 1999). No other specific Mississippi River in Louisiana to the taxonomic divisions could be AGENCY: Fish and Wildlife Service, Mobile River delta of Alabama. Goin determined among the remaining Interior. and Netting (1940) described frogs from populations of gopher frogs sampled. ACTION: Proposed rule. this geographic range as a distinct Since Harrison County is within the species of gopher frog, Rana sevosa. The SUMMARY: We, the Fish and Wildlife range of the original specimens used to taxonomic history of gopher frogs is Service, propose to list the Mississippi describe R. sevosa, Young complex (summary in Altig and gopher frog distinct population segment recommended the resurrection of R. Lohoefener 1983). Subsequent to the of the dusky gopher frog (Rana capito sevosa as a distinct species. A original description by Goin and sevosa) as an endangered species under manuscript summarizing her findings Netting, frogs of this population the authority of the Endangered Species has been submitted for publication segment were considered subspecies of Act of 1973, as amended (Act). (Young and Crother, unpublished Rana capito (gopher frog) (R. c. sevosa) Historically, the Mississippi gopher frog manuscript). If her recommendations (Wright and Wright 1942) and later occurred in at least nine counties or are accepted by the herpetological subspecies of R. areolata (crayfish frog) parishes across Louisiana, Mississippi, scientific community, we will reflect (R. a. sevosa) (Viosca 1949). In 1991, and Alabama, ranging from east of the this taxonomic change in subsequent Collins challenged the taxonomic Mississippi River in Louisiana to the publications in the Federal Register. arrangement that lumped crayfish frogs Mobile River delta in Alabama. Today, Researchers have recommended and gopher frogs together as one species it is known from only one site in ‘‘Mississippi gopher frog’’ as the and recommended their separation Harrison County, Mississippi. This last common name for this population based on biogeographical grounds. This surviving population is threatened by segment to distinguish it from the other arrangement was followed by Conant habitat destruction and degradation populations of gopher frogs further east and Collins (1991), who again from a proposed housing development (R. Seigel, pers. comm. 1998). recognized the name R. c. sevosa. on property within 200 meters (m) (656 Wright and Wright (1942) first used the The Mississippi gopher frog has a feet (ft)) of its only remaining breeding common name of ‘‘dusky gopher frog’’ stubby appearance due to its short, pond; the construction and expansion of for this subspecies, and it has been used plump body, comparatively large head, two highways in the vicinity of the in subsequent publications. The range of and relatively short legs (Conant and pond; and a proposed reservoir. These the subspecies, as presently described, Collins 1991). The coloration of its back actions pose threats to the terrestrial also extends to the Gulf Coast of western is dark and varies in individual frogs. It habitat of adult frogs and their ability to Florida and adjacent Alabama (Conant ranges from an almost uniform black to offset mortality rates with reproduction and Collins 1991). a pattern of reddish brown or dark and recruitment. This proposed rule, if Young (1997) conducted the first brown spots on a ground color of gray made final, would extend the Act’s comprehensive biochemical analysis of or brown (Goin and Netting 1940). protection to the Mississippi gopher frog the relationships between gopher frogs Warts densely cover the back. The belly distinct population segment. and crayfish frogs and among is thickly covered with dark spots and DATES: Send your comments to reach us subspecies of gopher frogs. She used dusky markings from chin to mid-body on or before July 24, 2000. We will not allozyme electrophoresis (an assay (Goin and Netting 1940, Conant and consider comments received after the (examination) of gene products) to Collins 1991). Males are distinguished above date in making our decision on examine allelic (genetic) differences from females by their smaller size, the proposed rule. We must receive between and among populations. enlarged thumbs, and paired vocal sacs requests for public hearings by July 7, Allozyme data have been used on either side of the throat (Godley 2000. extensively to investigate the evolution 1992). Richter and Seigel (1998b) ADDRESSES: Send comments and of genetic relationships among related reported a mean snout-vent length of materials concerning this proposal to species. Young found strong support for 67.7 millimeters (mm) (2.7 inches (in)) the Field Supervisor, U.S. Fish and the species designations R. areolata for males and 79.3 mm (3.2 in) for Wildlife Service, Mississippi Field (crayfish frogs) and R. capito (gopher females in the extant population. Office, 6578 Dogwood View Parkway, frogs). Gopher and crayfish frogs varied Mississippi gopher frog tadpoles are Jackson, Mississippi 39213. Comments from each other by fixed differences at presently indistinguishable from those and materials received will be available four loci (specific locations on a gene). of leopard frogs and other gopher frogs VerDate 11 (R. Altig, Mississippi State University, As many as 20 amphibian species (18 Historical records for the Mississippi pers. comm. 1999). frogs and 2 salamanders) are known to gopher frog exist for two or possibly Mississippi gopher frog habitat breed at the site (G. Johnson, pers. three parishes in Louisiana, six counties includes both upland sandy habitats comm. 1993). Bailey (1990) and Palis in Mississippi, and one county in historically forested with longleaf pine (1998) found similar habitat attributes in Alabama. Researchers conducting and isolated temporary wetland breeding ponds of the closely related numerous surveys have been unable to breeding sites embedded within the gopher frogs in Alabama and Florida. document the continuing existence of forested landscape. Frequent fires are Adult Mississippi gopher frogs leave the Mississippi gopher frog in Louisiana necessary to maintain the open canopy the pond site after breeding during (Seigel and Doody 1992, Thomas 1996) and ground cover vegetation of their major rainfall events. Adults of both or in Alabama (Bailey 1992, 1994). The aquatic and terrestrial habitat. sexes use specific migratory corridors last observation of a gopher frog in Adult and subadult Mississippi when exiting the breeding pond (Richter Louisiana was in 1967 (Gary Lester, gopher frogs spend the majority of their and Seigel 1998b). Movements away Louisiana Natural Heritage Program, lives underground. They use active and from the pond are slightly east of due pers. comm. 1991). In Alabama, it was abandoned gopher tortoise (Gopherus north. Young (1997) and Richter and last seen in 1922 (Bailey 1994). polyphemus) burrows, abandoned Seigel (1998a) tracked a total of 13 frogs Historical records for the Mississippi mammal burrows, and holes in and using radio transmitters. The farthest gopher frog are limited. We have under old stumps as refugia (Allen movement recorded was 268 m (879 ft) compiled 35 historical records—1 in 1932; LaClaire, pers. obs. 1996; Richter by a frog tracked for 88 days from its Alabama, 14 in Louisiana, and 20 in and Seigel 1998a). Gopher tortoise exit of the breeding site. In Florida, Mississippi. Historical records are burrows likely represent preferred gopher frogs have been found 2 km (1.2 defined as those localities where gopher underground habitats. In Florida, mi) from their breeding sites (Carr 1940, frogs were found prior to 1990. No new Godley (1992) reported that the closely Franz et al. 1988). It is unclear if the localities for the frog have been found related Florida gopher frog was known distances recorded for the Mississippi since 1988. Localities are sites identified only from sites that supported gopher gopher frogs were typical; the tracking from specimens captured or heard tortoises. The remaining Mississippi periods represented only a fraction of calling during sampling of potential gopher frog population occurs in an area their yearly life cycle. Movements breeding sites or by surveying highway presently lacking gopher tortoises, most corresponded with major rain events. crossings when individuals were on likely as a result of habitat degradation. However, dry conditions prevailed their way to or from breeding sites. Of An abandoned tortoise burrow occurs during most of the two study periods. In the 35 historical records, 24 provided approximately 0.8 kilometers (km) (0.5 fact, the frogs in Richter and Seigel’s data that could be used to approximate miles (mi)) from the breeding pond, and study moved during only one 24-hour the location of the original site. an active burrow was found within 1.6 period, which was associated with a Habitat degradation is the primary km (1 mi) of the site in 1992 (T. Mann, weather event. Another compounding factor in the loss of gopher frog Mississippi Department of Wildlife, factor was the clearcut timber harvest in populations in Alabama, Louisiana, and Fisheries and Parks, pers. comm. 1999). 1994 of a site adjacent to the breeding Mississippi. Bailey (1994) visited the Gopher frog breeding sites are isolated pond. Migratory corridors and available historical Alabama locality in 1993. The ponds (not connected to any other water habitat were eliminated by the forestry habitat had been developed as a body) that dry completely on a cyclic operation. In 1996, two frogs were residential area, and was no longer basis. Substantial winter rains are tracked to the property line delineating suitable for the gopher frog. Seigel and needed to ensure that ponds are filled the clearcut, and they did not move Doody (1992) and Thomas (1996) sufficiently to allow hatching, from their burrows during the surveyed historical sites in Louisiana development, and metamorphosis of remainder of the study (Richter and and searched for other potential sites larvae. The timing and frequency of Seigel 1997). that might be occupied by gopher frogs. rainfall are critical to the successful Amphibians need to maintain moist They also found that longleaf pine reproduction and recruitment of skin for respiration (breathing) and forests had been severely degraded. The Mississippi gopher frogs. osmoregulation (controlling the historical breeding and upland habitats Today, only a single breeding pond is amounts of water and salts in their had changed as a result of urbanization known for the Mississippi gopher frog. bodies) (Duellman and Trueb 1986). and/or conversion of forest to pine It is located in Harrison County, Since they disperse from their aquatic plantation. For example, they found Mississippi. Adult frogs move to this breeding sites to the uplands where they three historical breeding sites that had wetland breeding site during heavy rain live as adults, desiccation (drying out) been extensively altered. One had been events, usually from January to late can be a limiting factor in their made a permanent pond in a residential March (Richter and Seigel 1998b). The movements. Thus, it is important that backyard. Two other ponds had been breeding pond is approximately 1.5 areas connecting their wetland and extensively altered by bedding, clearing, hectares (3.8 acres) when filled. It terrestrial habitats are protected in order and nutrient loading during conversion attains a maximum depth of 1.1 m (3.6 to provide cover and appropriate of the surrounding habitat to pine ft). The pond is hard-bottomed, has an moisture regimes during their migration. plantation. Both Seigel and Doody open canopy, and contains emergent It is likely that, given appropriate (1992) and Thomas (1996) were and submergent vegetation. Female habitat, Mississippi gopher frogs are unsuccessful at finding any Mississippi Mississippi gopher frogs attach their long-lived. The longevity record for a gopher frogs in Louisiana. eggs to the rigid vertical stems of captive close relative, the Carolina Crawford (1988) surveyed 42 ponds in emergent vegetation (Young 1997, gopher frog (R. capito capito), is 9 years, 6 Mississippi counties in 1987 and Richter and Seigel 1998a, 1998b). The 1 month (Snider and Bowler 1992). 1988. He attempted to relocate all of the pond typically dries in early to mid- However, overall low rates of recapture State’s historical localities for the summer, but on occasion has remained at the extant breeding pond suggest low gopher frog. He found that habitat in the wet until early fall (G. Johnson, U.S. adult survival in the Mississippi gopher vicinity of historical localities had been Forest Service, pers. comm. 1993; frog population (Richter and Seigel altered by conversion of natural forest to Young 1997; Richter and Seigel 1998b). 1998b). agriculture and pine plantations. VerDate 11 Urbanization was a factor in the loss of suppression has further degraded the Young (1997) presented evidence that at least three breeding ponds. The habitat. The hydrology of many isolated the Mississippi gopher frog distinct character of relocated historical temporary wetlands, required as population segment is biologically and breeding ponds had been changed from breeding sites for the Mississippi gopher ecologically significant due to genetic open-canopy, temporary ponds with frog, has been altered. In addition, these characteristics different from the species clear water and hard bottoms to muddy, same factors have resulted in the as a whole (see discussion in more permanent ponds with a closed decline of the gopher tortoise, whose Background section). The habitat canopy (G. Johnson, pers. comm. 1999). burrows are most likely the preferred occupied by the Mississippi gopher frog No appropriate habitat for the habitat for adult gopher frogs. As a is disjunct from habitat occupied by Mississippi gopher frog could be found result of these habitat changes, both the other populations of the dusky gopher near any of the localities (G. Johnson, uplands and the pond basins previously frog. No other populations of gopher pers. comm. 1999). Crawford (1988) also occupied by the Mississippi gopher frog frogs remain in Louisiana, Mississippi, used aerial maps to identify potential have become unsuitable. or Alabama west of the Mobile River drainage. As a result, loss of the breeding sites. In many cases, ponds Distinct Vertebrate Population Segment identified on these maps no longer Mississippi gopher frog population existed due to land use changes. Recent genetic analysis suggested segment would result in a substantial However, he was able to verify the reevaluation of the taxonomy of gopher modification of the species’ range. frogs (Rana capito) is necessary (Young presence of the species at four new sites Previous Federal Action in Harrison County, Mississippi. At 1997). The analysis of the relationships three of these four sites, only one between gopher frogs and crayfish frogs, In our December 30, 1982, Notice of individual was observed. Kuss (1988) and among subspecies of gopher frogs, Review, we designated the dusky surveyed 60 ponds in southern failed to support the current taxonomy gopher frog (designation Rana areolata Mississippi for the flatwoods for gopher frogs at the subspecific level. sevosa) as a category 2 candidate and salamander (Ambystoma cingulatum). However, the research did support solicited status information (47 FR He did not encounter any gopher frogs taxonomic distinction of the Mississippi 58454). Category 2 candidates were during the surveys. Subsequent to these gopher frog from all other gopher frogs those taxa for which we had information studies, surveys have documented the east of the Mobile River delta, including indicating that proposing to list as continued existence of only one other dusky gopher frogs. Young and endangered or threatened was possibly Crother (unpublished manuscript) appropriate, but for which sufficient population in Mississippi. This concluded that the Mississippi gopher data on biological vulnerability and population breeds at a pond located in frog population segment should be threats were not currently available to the DeSoto National Forest in Harrison resurrected to species status. support a proposed rule. Category 1 taxa County. Surveyors working in The biological evidence supports were those taxa for which we had Mississippi during the 1990s have been recognition of the Mississippi gopher sufficient information on biological unable to find the species at any other frog as a distinct vertebrate population vulnerability and threats on file to sites (R. Jones, Mississippi Department segment for purposes of listing, as support issuance of proposed listing of Wildlife, Fisheries and Parks, pers. defined in our February 7, 1996, Policy rules. In our September 18, 1985 (50 FR comm. 1998; G. Johnson, pers. comm. Regarding the Recognition of Distinct 37958), and January 6, 1989 (54 FR 554), 1999). Although Allen (1932) found Vertebrate Population Segments (61 FR Notices of Review, we retained the gopher frogs to be common in the 4722). The definition of ‘‘species’’ in dusky gopher frog in category 2. We coastal counties of Mississippi earlier in section 3(16) of the Act includes ‘‘any identified the dusky gopher frog as a the century, today R. Seigel (pers. distinct population segment of any category 1 candidate species in our comm. 1998) estimates the extant species of vertebrate fish or wildlife November 21, 1991 (56 FR 58804), and Mississippi gopher frog population to be which interbreeds when mature.’’ For a November 15, 1994 (59 FR 58982), only 100 adult frogs at a single site. population to be listed under the Act as Notices of Review. Beginning with our The extensive habitat alteration found a distinct vertebrate population February 28, 1996, Notice of Review (61 during surveys of historical gopher frog segment, three elements are FR 235), we discontinued the localities in Alabama, Louisiana, and considered—(1) the discreteness of the designation of multiple categories of Mississippi resulted from the loss of population segment in relation to the candidates, and we now consider only virtually all of the natural longleaf pine remainder of the species to which it taxa that meet the definition of former forest in these States. Presettlement belongs; (2) the significance of the category 1 taxa as candidates for listing. longleaf pine forests were the dominant population segment to the species to We also removed Rana areolata sevosa forest type of the southeastern coastal which it belongs; and (3) the population from candidate status based on the need plain. Today, less than 2 percent of segment’s conservation status in relation for additional information to support a these forests remain (Ware et al. 1993). to the Act’s standards for listing (i.e., is listing proposal. We have recently Second growth longleaf pine forests in the population segment endangered or completed an analysis of newly the vicinity of historical Mississippi threatened?). available information from current gopher frog breeding sites were clearcut Habitat of the lower Gulf Coastal Plain studies and determined that listing the extensively in the mid-1950s and then from the Mississippi River to the Mobile Mississippi gopher frog distinct again in the 1980s and 1990s. Longleaf River delta contains the westernmost population segment of the dusky gopher pine forest habitat was replaced with subpopulation of dusky gopher frogs. frog is warranted. We elevated the dense pine plantations, agriculture, and This population segment is discrete Mississippi gopher frog to candidate urban areas. Habitat degradation has because it is geographically segregated status in our October 25, 1999, Notice of occurred as a result of alterations in the from other gopher frogs by a large gap Review (64 FR 57534). soil horizon (layering of different soil (approximately 200 km (125 mi)) of The processing of this proposed rule types), forest litter, herbaceous unoccupied habitat and the Mobile conforms with our Listing Priority community, and occurrence of downed River delta. Consequently, this Guidance published in the Federal trees and stumps that Mississippi subpopulation does not mix with other Register on October 22, 1999 (64 FR gopher frogs use as refugia. Fire dusky gopher frogs. 57114). The guidance clarifies the order VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 References Cited recordkeeping requirements, Authority: 16 U.S.C. 1361–1407; 16 U.S.C. You may request a list of all Transportation. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500, unless otherwise noted. references cited in this document, as Regulation Promulgation well as others, from the Mississippi 2. In § 17.11(h) add the following, in Field Office (see ADDRESSES section). Accordingly, we propose to amend alphabetical order under AMPHIBIANS, Author. The primary author of this part 17, subchapter B of chapter I, title to the List of Endangered and proposed rule is Linda V. LaClaire, 50 of the Code of Federal Regulations, Threatened Wildlife: Mississippi Field Office (see ADDRESSES as follows: section) (601/965–4900). § 17.11 Endangered and threatened PART 17Ð[AMENDED] List of Subjects in 50 CFR Part 17 wildlife. * * * * * Endangered and threatened species, 1. The authority citation for part 17 Exports, Imports, Reporting and continues to read as follows: (h) * * * Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules AMPHIBIANS ******* Frog, Mississippi go- Rana capito sevosa U.S.A.(AL, FL, LA, Wherever found E ...... NA NA pher. MS). west of Mobile and Tombigbee Rivers in AL, MS, and LA. ******* Dated: April 6, 2000. Jamie Rappaport Clark, Director, Fish and Wildlife Service. [FR Doc. 00–12796 Filed 5–22–00; 8:45 am] BILLING CODE 4310±55±U VerDate 11 Notices Federal Register Vol. 65, No. 100 Tuesday, May 23, 2000 This section of the FEDERAL REGISTER address. Persons with disabilities who exporter of certain dairy products; and contains documents other than rules or require an alternative means for (2) certify they meet the eligibility proposed rules that are applicable to the communication of information (Braille, requirements of § 6.23 of the Import public. Notices of hearings and investigations, large print, audiotape, etc.) should Regulation. Importers and exporters committee meetings, agency decisions and contact USDA’s Target Center at (202) rulings, delegations of authority, filing of must attach documentation required by petitions and applications and agency 720–2600 (voice and TDD). § 6.23 and § 6.24 as proof of eligibility statements of organization and functions are SUPPLEMENTARY INFORMATION for import licenses. Applicants for examples of documents appearing in this Title: Dairy Tariff-Rate Import Quota nonhistorical licenses for cheese and/or section. Licensing Program. noncheese dairy products must also OMB Number: 0551–0001. submit form FAS 923–A and/or FAS Expiration Date of Approval: October 924–B (rev. 7–96). This form requires DEPARTMENT OF AGRICULTURE 31, 2000. applicants to identify requests for Type of Request: Extension of a licenses listed on the form in Foreign Agricultural Service currently approved information descending rank-order. collection. After licenses are issued, § 6.26 Notice of a Request for Extension of a Abstract: The currently approved requires licensees to surrender by Currently Approved Information information collection supports Import Collection October 1 any license amount that a Regulation 1, Revision 8 (7 CFR 6.20– licensee does not intend to enter that AGENCY: 6.37) which governs the administration Foreign Agricultural Service, year. To the extent practicable, the of the import licensing system for USDA. Licensing Authority reallocates these certain dairy products subject to tariff- ACTION: Notice and request for amounts to existing licensees for the comments. rate quotas (TRQs). The TRQs were established in the Harmonized Tariff remainder of that year. The information SUMMARY: In accordance with the Schedule of the United States (HTS) as collection includes form FAS 924–A, Paperwork Reduction Act, this notice a result of entry into force of certain License Surrender Form and FAS 924– announces the Department’s intention provisions in the Uruguay Round B, Application for Additional License to request an extension for a currently Agreement. Imports of nearly all cheese Amounts. These forms require the approved information collection in made from cow’s milk (except soft- licensee to complete a table listing the support of the Dairy Tariff-Rate Import ripened cheese such as Brie) and certain license number and surrendered amount Quota Licensing program. noncheese dairy products are subject to or to list the additional amounts DATES: Comments should be submitted TRQs and the licensing provisions of requested by dairy article, supplying no later than July 24, 2000 to be assured Revision 8. Import licenses are issued country and amount requested by of consideration. each quota year to eligible licensees and descending rank-order. ADDITIONAL INFORMATION AND COMMENTS: are valid for 12 months (January 1 Estimate of burden: The public Submit comments and/or requests for through December 31). Holders of such reporting burden for this collection of information to Richard P. Warsack, licenses may enter dairy articles at the currently approved forms FAS 923, FAS Dairy Import Quota Manager, STOP low-tier tariff rate. Importers who do not 923–A and 923–B (one form) is 1021, U.S. Department of Agriculture, hold licenses may enter dairy articles at estimated to average 255 hours; and 1400 Independence Avenue, S.W., the high-tier tariff rate. FAS 924–A and FAS 924–B (one form) Washington, D.C. 20250–1021, For each quota year, all applicants is 15 hours. The estimated average telephone (202) 720–9439 or e-mail must submit form FAS 923 (rev. 7–96). burden includes the time for reviewing [email protected]. All comments This form requests applicants to: (1) instructions, gathering data needed, received will be available for public identify whether they are applying for a completing forms, and record keeping inspection in room 5541–S at the above license as an importer, manufacturer or are set forth in the table below. FAS 923, 923±A, 923±B FAS 924±A, Estimates (Rev.7±96) 924±B (one (one form) form) Est. number of respondents ...... 340.00 100.00 Est. responses per respondent ...... 1.00 1.00 Est. hours per response ...... 0.75 0.15 Est. total annual burden in hours ...... 255.00 15.00 Aggregate total ...... 270.00 estimated annual burden in hours. Copies of this information collection The Department requests comments collection techniques or other forms of can be obtained from Kimberly Chisley, regarding the accuracy of the burden information technology, or any other the Agency Information Collection estimate, ways to minimize the burden, aspect of the collection of information. Coordinator, at (202) 720–2568. including the use of automated VerDate 11 Comments should be submitted in provide the data, and selected 4162 South Building, Washington, D.C. accordance with the Dates, Additional processing methods. Results will be 20250–2000 or [email protected]/ Information and Comments sections analyzed in preparation for the 2002 nass. above. All comments will be Census of Agriculture. All responses to this notice will summarized and included in the request Minimizing response burden while become a matter of public record and be for OMB approval, and will also become recognizing the needs for agricultural summarized in the request for OMB a matter of public record. sector data is a consideration when approval. Signed at Washington, D.C. on May 17, reviewing content expansion during Signed at Washington, DC, April 3, 2000. 2002 Census questionnaire 2000. Rich Allen, development. USDA/NASS conducted Timothy J. Galvin, Associate Administrator. Administrator, Foreign Agricultural Service. meetings with other USDA and Federal agencies and contacted State [FR Doc. 00–12943 Filed 5–22–00; 8:45 am] [FR Doc. 00–12945 Filed 5–22–00; 8:45 am] Departments of Agriculture to gather BILLING CODE 3410±20±P BILLING CODE 3410±10±P information about uses and justification for county-level data. Recommendations DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE resulting from these evaluations are the basis for many of the changes National Agricultural Statistics Service National Agricultural Statistics Service incorporated into the content test questionnaires. Notice of Intent To Extend Approval of Notice of Intent To Seek Approval To This Census of Agriculture Content an Information Collection Conduct an Information Collection Test will be conducted at the national level, excluding Hawaii and Alaska. The AGENCY: National Agricultural Statistics AGENCY: National Agricultural Statistics random sample will be mailed Service, USDA. Service, USDA. questionnaires with nonrespondents ACTION: Notice and request for ACTION: Notice and request for receiving a follow-up contact. NASS comments. comments. will summarize the data and present the SUMMARY: In accordance with the SUMMARY: In accordance with the findings to the Advisory Committee on Paperwork Reduction Act of 1995 (Pub. Paperwork Reduction Act of 1995 (Pub. Agriculture Statistics. L. No. 104–13) and Office of L. No. 104–13) and Office of Estimate of Burden: Public reporting Management and Budget regulations at Management and Budget regulations at burden for this collection of information 5 CFR part 1320 (60 FR 44978, August 5 CFR part 1320 (60 FR 44978, August averages 2 minutes per refusal, 5 29, 1995), this notice announces the 29, 1995), this notice announces the minutes per screen-out, and 90 minutes intent of the National Agricultural intent of the National Agricultural per positive response. Statistics Service (NASS) to request an Statistics Service (NASS) to request Respondents: Farm and ranch extension of a currently approved approval for an information collection, operators. Estimated Number of Respondents: information collection, the Agricultural the Census of Agriculture Content Test. 15,000. Economics and Land Ownership Survey. DATES: Comments on this notice must be Estimated Total Annual Burden on DATES: Comments on this notice must be received by July 27, 2000 to be assured Respondents: 17,000 hours. of consideration. received by July 27, 2000 to be assured Copies of this information collection of consideration. ADDITIONAL INFORMATION OR COMMENTS: and related instructions can be obtained Contact Rich Allen, Associate without charge from Ginny McBride, the ADDITIONAL INFORMATION OR COMMENTS: Administrator, National Agricultural Agency OMB Clearance Officer, at (202) Contact Rich Allen, Associate Statistics Service, U.S. Department of 720–5778. Administrator, National Agricultural Agriculture, 1400 Independence Avenue Statistics Service, U.S. Department of SW, Room 4117 South Building, Comments Agriculture, 1400 Independence Avenue Washington, D.C. 20250–2000, (202) Comments are invited on: (a) whether SW, Room 4117 South Building, 720–4333. the proposed collection of information Washington, D.C. 20250–2000, (202) 720–4333. SUPPLEMENTARY INFORMATION: Title: is necessary for the proper performance Census of Agriculture Content Test. of the functions of the agency, including SUPPLEMENTARY INFORMATION: Title: Type of Request: Intent to Seek whether the information will have Agricultural Economics and Land Approval to Conduct an Information practical utility; (b) the accuracy of the Ownership Survey. Collection. agency’s estimate of the burden of the OMB Control Number: 0535–0240. Abstract: The Census of Agriculture is proposed collection of information Expiration Date of Approval: June 30, the leading source of statistics about the including the validity of the 2000. nation’s agricultural production and the methodology and assumptions used; (c) Type of Request: Intent to Extend only source of consistent, comparable ways to enhance the quality, utility, and Approval of an Information Collection. data at the county, state, and national clarity of the information to be Abstract: The 1999 Agricultural levels. The Census of Agriculture is collected; and (d) ways to minimize the Economics and Land Ownership Survey required by law under the ‘‘Census of burden of the collection of information (AELOS) is being conducted by the Agriculture Act of 1997,’’ Pub. L. No. on those who are to respond, including National Agricultural Statistics Service. 105–113 (7 U.S.C. 2204(g)). through the use of appropriate This national survey obtains data to The purpose of this voluntary content automated, electronic, mechanical, or describe the economic status of the U.S. test is to evaluate a number of factors other technological collection farm operations and farm households. affecting the census program: techniques or other forms of information Data collected will provide information questionnaire format and design, new technology. Comments may be sent to: on agricultural land ownership, content items, changes to question Ginny McBride, Agency OMB Clearance financing, and inputs by farm operators location and wording, respondent Officer, U.S. Department of Agriculture, and landlords. The AELOS is designed burden, the ability of the respondent to 1400 Independence Avenue SW, Room to provide data that are valid for each VerDate 11 VerDate 11 VerDate 11 FOR FURTHER INFORMATION CONTACT: The scope of this order does not Final Results of the Review Farah Naim or Richard Rimlinger, Office include the following: (a) Garlic that has of Antidumping/Countervailing Duty been mechanically harvested and that is We determine that a margin of 376.67 Enforcement 3, Import Administration, primarily, but not exclusively, destined percent exists for all producers/ International Trade Administration, for non-fresh use; or (b) garlic that has exporters of the subject merchandise U.S. Department of Commerce, 14th been specially prepared and cultivated from the PRC for the period November Street and Constitution Avenue, N.W., prior to planting and then harvested and 1, 1997, through October 31, 1998. The Washington, DC 20230; telephone (202) otherwise prepared for use as seed. Department shall determine, and 482–3174 or (202) 482–4477, The subject merchandise is used Customs shall assess, antidumping respectively. principally as a food product and for duties on all appropriate entries. The seasoning. The subject garlic is SUPPLEMENTARY INFORMATION: Department will issue appraisement currently classifiable under subheadings instructions directly to Customs. The Applicable Statute and Regulations 0703.20.0010, 0703.20.0020, 0703.20.0090, 0710.80.7060, Cash-Deposit Requirements Unless otherwise indicated, all 0710.80.9750, 0711.90.6000, and citations to the Tariff Act of 1930, as 2005.90.9700 of the Harmonized Tariff The following deposit requirements amended (the Act), are references to the Schedule of the United States (HTSUS). will be effective upon publication of provisions effective January 1, 1995, the Although the HTSUS subheadings are this notice of final results of effective date of the amendments made provided for convenience and customs administrative review for all shipments to the Act by the Uruguay Round purposes, our written description of the of the subject merchandise entered, or Agreements Act (URAA). In addition, scope of this proceeding is dispositive. withdrawn from warehouse, for unless otherwise indicated, all citations In order to be excluded from the consumption on or after the publication to the Department of Commerce’s (the antidumping duty order, garlic entered date, as provided for by section Department’s) regulations are to 19 CFR under the HTSUS subheadings listed 751(a)(1) of the Tariff Act: (1) for all PRC Part 351 (1999). above that is (1) mechanically harvested exporters, all of which were found not Background and primarily, but not exclusively, to be entitled to separate rates, the cash- destined for non-fresh use or (2) deposit rate will be 376.67 percent; and On July 21, 1999, the Department specially prepared and cultivated prior published the preliminary results of the (2) for non-PRC exporters of subject to planting and then harvested and merchandise from the PRC, the cash- administrative review (64 FR 39115) of otherwise prepared for use as seed must the antidumping duty order on fresh deposit rate will be the rate applicable be accompanied by declarations to the to the PRC supplier of that exporter. garlic from the People’s Republic of Customs Service to that effect. China (the PRC) (59 FR 59209, These deposit requirements shall November 16, 1994). We invited parties Analysis of Comments Received remain in effect until publication of the to comment on our preliminary results All issues raised in the case and final results of the next administrative and received comments from the rebuttal briefs by parties to this review. petitioners which contained new administrative review are addressed in This notice serves as a final reminder information. On November 30, 1999, we the ‘‘Issues and Decision Memorandum’’ to importers of their responsibility published a notice of extension of time (Decision Memo) from Richard W. under 19 CFR 351.402(f) to file a limit for the final results in order to Moreland, Deputy Assistant Secretary, certificate regarding the reimbursement allow all parties to address the new Import Administration, to Troy H. of antidumping duties prior to information submitted by the Cribb, Acting Assistant Secretary for liquidation of the relevant entries petitioners. We received further Import Administration, dated May 16, during this review period. Failure to comments from the petitioners, but we 2000, which is hereby adopted by this comply with this requirement could did not receive any submissions from notice. A list of the issues which parties result in the Secretary’s presumption the respondents. On March 21, 2000, we have raised and to which we have that reimbursement of antidumping published a second notice of extension responded, all of which are in the duties occurred and the subsequent of time limit for the final results in order Decision Memo, is attached to this assessment of double antidumping to consider and address fully the issues notice as an Appendix. Parties can find duties. raised by petitioners. a complete discussion of all issues We have conducted this raised in this review and the This notice also serves as a reminder administrative review in accordance corresponding recommendations in this to parties subject to administrative with section 751 of the Act and 19 CFR public memorandum which is on file in protective order (APO) of their 351.213. B–099 and accessible on the Web at responsibility concerning disposition of l Scope of Review www.ita.doc.gov/import admin/ proprietary information disclosed under records/frn/. The paper copy and APO in accordance with 19 CFR The products subject to this electronic version of the Decision Memo 351.305 and 19 CFR 351.306. Timely antidumping duty administrative review are identical in content. written notification of the return/ are all grades of garlic, whole or Use of Facts Available destruction of APO materials or separated into constituent cloves, conversion to judicial protective order is whether or not peeled, fresh, chilled, Our use of facts available in this hereby requested. Failure to comply frozen, provisionally preserved, or review has not changed from the with the regulations and the terms of an packed in water or other neutral preliminary results. For a discussion of APO is a sanctionable violation. substance, but not prepared or our application of facts available, see preserved by the addition of other the preliminary results and our Decision We are issuing and publishing this ingredients or heat processing. The Memo, which are on file in room B–099 determination in accordance with differences between grades are based on and are also available on the Web at sections 751(a) and 777(i)(1) of the Act. color, size, sheathing, and level of www.ita.doc.gov/importladmin/ decay. records/frn/. VerDate 11 Dated: May 16, 2000. the proceeding, the Crawfish Processors exporters to submit a consolidated Troy H. Cribb, Alliance, also requested an response. The consolidate response is Acting Assistant Secretary for Import administrative review of the following: due on June 12, 2000. Therefore, it is Administration. China Everbright Trading Company; not practicable to complete this review Binzhou Prefecture Foodstuffs Import & Appendix within the time limits mandated by Export Corp.; Huaiyin Foreign Trade section 751(a)(3)(A) of the Act and Comments and Responses Corporation; Huaiyin Foreign Trade section 351. 213(h)(2) of the 1. Future Request for Administrative Corporation (5); Yancheng Foreign Department’s regulations. See the Review Trade Corporation; Jiangsu Cereals, Oils Memorandum from Edward C. Yang to 2. Evasion of Antidumping Duties & Foodstuffs Import & Export Corp.; Troy H. Cribb, Extension of Time Limits [FR Doc. 00–12974 Filed 5–22–00; 8:45 am] Yancheng Baolong Aquatic Foods Co.; for the Preliminary Results of BILLING CODE 3510±DS±P Huaiyin Ningtai Fisheries Co., Ltd.; Administrative Review of Freshwater Nantong Delu Aquatic Food Co., Ltd.; Crawfish Tail Meat from the People’s Ningbo Nanlian Frozen Foods Republic of China, dated May 11, 2000. DEPARTMENT OF COMMERCE Company, Ltd.; Qingdao Rirong Therefore, in accordance with these Foodstuff Co.; Lianyungang Haiwang sections, the Department is extending International Trade Administration Aquatic Products Company Ltd.; the time limits for the preliminary [A±570±848] Yancheng Baolong Biochemical results to September 29, 2000. Products Co., Ltd.; Zhenfeng Foodstuff Dated: May 11, 2000. Notice of Extension of Time Limit for Co.; Weishan Hongfa Lake Foodstuff Joseph A. Spetrini, Preliminary Results of Administrative Co., Ltd.; Ever Concord; Hua Yin Antidumping Review: Freshwater Foreign Trading; Huaiyin Foreign Deputy Assistant Secretary for AD/CVD Enforcement III. Crawfish Tail Meat From the People's Trading; Lianyungang Hailong Aquatic Republic of China Product; Qiafco; Seatrade International; [FR Doc. 00–12975 Filed 5–22–00; 8:45 am] Weishan Jinmuan Foodstuff; Welly BILLING CODE 3510±DS±P AGENCY: Import Administration, Shipping, aka Kenwa Shipping; International Trade Administration, Yancheng Foreign Trading; Jiangsu Department of Commerce. Baolong Group; Asia-Europe; Jiangsu DEPARTMENT OF COMMERCE EFFECTIVE DATE: May 23, 2000. Aquatic Products Freezing Plant; and International Trade Administration FOR FURTHER INFORMATION CONTACT: Yupeng Fishery. We published a notice Thomas Gilgunn or Maureen Flannery, of initiation of this antidumping duty [A±351±806] AD/CVD Enforcement, Import administrative review on November 4, Administration, International Trade 1999 (64 FR 60161). Silicon Metal From Brazil; Amended Administration, U.S. Department of On February 1, 2000, the Crawfish Final Results of Antidumping Duty Commerce, 14th Street and Constitution Processor Alliance, petitioner in this Administrative Review in Accordance Avenue, N.W., Washington, D.C. 20230; case, withdrew their request for review With Court Decision for the following companies: China telephone: (202) 482–0648 or (202) 482– AGENCY: Import Administration, 3020, respectively. Everbright Trading Company; Binzhou International Trade Administration, Prefecture Foodstuffs Import & Export The Applicable Statute Department of Commerce. Corp.; Jiangsu Cereals, Oils & Foodstuffs Unless otherwise indicated, all Import & Export Corp.; Yancheng ACTION: Notice of amended final results citations to the statute are references to Baolong Aquatic Foods Co.; Huaiyin of antidumping duty administrative the provisions effective January 1, 1995, Ningtai Fisheries Co., Ltd.; Nantong review in accordance with court the effective date of the amendments Delu Aquatic Food Co., Ltd.; Ever decision. made to the Tariff Act of 1930 (the Act) Concord; Lianyungang Hailong Aquatic SUMMARY: On February 17, 1999, the by the Uruguay Round Agreements Act. Product; Qiafco; Seatrade International; Court of International Trade (CIT) In addition, unless otherwise indicated, Welly Shipping, a.k.a. Kenwa Shipping; affirmed the remand determination of all citations to the Department’s and Yancheng Foreign Trading. the Department of Commerce (the regulations are to the current Extension of Time Limits for Department) arising from the regulations, codified at 19 CFR part 351 Preliminary Results administrative review of the (1999). Because of the complexity and timing antidumping duty order on silicon Background of certain issues in this case, it is not metal from Brazil. See American Silicon In accordance with 19 CFR practicable to complete this review Technologies, Elkem Metals Company, 351.213(b)(2), the Department received within the time limit mandated by Globe Metallurgical, Inc. and SKW Metals & Alloys, Inc. v. United States, requests that we conduct an section 751(a)(3)(A) of the Act. In the l l administrative review of the sales of the Department’s Freshwater Crawfish Tail CIT , Slip Op. 99–17, (February 17, following: Huaiyin Foreign Trade Corp. Meat From The People’s Republic of 1999). No party appealed this decision. (30); Yancheng Baolong Biochemical China: Final Results of Administrative As there is now a final and conclusive Products Co., Ltd.; Qingdao Rirong Antidumping Duty and New Shipper court decision in this segment, we are Foodstuff Co., Ltd.; Lianyungang Reviews, and Final Rescission of New amending the final results of reviews in Haiwang Aquatic Products Co., Ltd.; Shipper Review, 65 FR 20948 (April 19, this matter and will instruct the U.S. Yancheng Haiteng Aquatic Products and 2000) covering the 1997–98 review Customs Service to liquidate entries Foods Co., Ltd.; and Yancheng Foreign period (final results), the Department subject to these amended final results. Trade Corp. Maritime Trading, a U.S. addressed a number of extraordinarily EFFECTIVE DATE: May 23, 2000. importer, requested that we conduct an complicated issues, including the FOR FURTHER INFORMATION CONTACT: administrative review of Huaiyin relationship between certain exporters. Robert Bolling or Jim Doyle, Foreign Trade Corp. a.k.a. Huaiyin Based on the final results, the Antidumping/Countervailing Duty Foreign Trade Corp. (5). Petitioner in Department has required certain Enforcement, Import Administration, VerDate 11 International Trade Administration, decision in this action. We are therefore Manufacturer: Omicron U.S. Department of Commerce, 14th amending our final results of review for Vakuumphysik GmbH, Germany. Street and Constitution Avenue, NW, the period July 1, 1992 through June 30, Intended Use: See notice at 65 FR Washington DC 20230; telephone (202) 1993. We recalculated margins for CBCC 21397. 482–3434 and (202) 482–0159, and Eletrosilex. The revised weighted Comments: None received. respectively. average margins are as follows: Decision: Approved. No instrument of equivalent scientific value to the foreign SUPPLEMENTARY INFORMATION: Manufacturer/Exporter Margin instrument, for such purposes as it is Background (percent) intended to be used, is being On July 31, 1991, the Department manufactured in the United States. CBCC ...... 35.43 Reasons: The foreign instrument issued an antidumping duty order on Eletrosilex ...... 51.84 silicon metal from Brazil. See provides: (1) Capability to operate at Antidumping Duty Order: Silicon Metal Accordingly, the Department will temperatures to 1500° K, (2) a from Brazil, 56 FR 36135 (July 31, 1991) determine, and the Customs Service will vibrationally isolated vacuum chamber (Antidumping Duty Order). On assess, antidumping duties on all entries ¥ capable to 10 11 mbar and (3) vertical September 5, 1996, the Department of subject merchandise from CBCC and imaging of film surfaces with accuracy published its final results of the second Eletrosilex in accordance with these to 0.001 nm. The National Institute of administrative review of silicon metal amended final results. For assessment Standards and Technology and a for four Brazilian exporters, Companhia purposes, we have calculated importer- university research center for advanced Brasilerira Carbureto de Calcio specific duty assessment rates for each microstructure devices advise that (1) (‘‘CBCC’’), Companhia Ferroligas Minas class or kind of merchandise based on these capabilities are pertinent to the Gerais-Minasligas (‘‘Minasligas’’), the ratio of the total amount of applicant’s intended purpose and (2) Eletrosilex Belo Horizonte antidumping duties calculated for the they know of no domestic instrument or (‘‘Eletrosilex’’), Rima Eletrometalurgia examined sales to the total quantity of apparatus of equivalent scientific value S.A. (‘‘Rima’’). See Silicon Metal from sales examined. The Department will to the foreign instrument for the Brazil; Final Results of Antidumping issue appraisement instructions directly applicant’s intended use (comparable Administrative Review, 61 FR 46763 to Customs. The above rate will not case). (September 5, 1996) (Final Results). On affect CBCC or Eletrosilex’s cash deposit We know of no other instrument or September 9, 1997, the Department rates currently in effect, which continue apparatus of equivalent scientific value published amended final results to to be based on the margins found to to the foreign instrument which is being correct ministerial errors raised by the exist in the most recently completed manufactured in the United States. parties after requesting and receiving review. from the CIT authority to do so. See This notice is published in Dated: May 16, 2000. Silicon Metal from Brazil: Amended accordance with section 751(a)(1) of the Frank W. Creel, Final Results of Antidumping Duty Tariff Act (19 U.S.C. 1675(a)(1)) and 19 Director, Statutory Import Programs Staff. Administrative Review 62 FR 47441 CFR 351.221. [FR Doc. 00–12979 Filed 5–22–00; 8:45 am] (September 9, 1997) (Amended Final Dated: May 15, 2000. BILLING CODE 3510±DS±P Results). On July 30, 1998, the CIT issued an Troy H. Cribb, order, American Silicon Technologies v. Acting Assistant Secretary for Import DEPARTMENT OF COMMERCE United States, 19 F. Supp. 2d 1121 (CIT Administration. 1998), remanding to the Department the [FR Doc. 00–12980 Filed 5–22–00; 8:45 am] National Oceanic and Atmospheric Amended Final Results. In its July 30, BILLING CODE 3510±DS±P Administration 1998 order, the CIT instructed the [I.D. 051800B] Department to ensure that any reduction DEPARTMENT OF COMMERCE of reported interest expenses for CBCC At-sea Scale Certification Program and Eletrosilex is based upon income International Trade Administration specifically derived from short-term AGENCY: National Oceanic and Atmospheric Administration. investments. Id., at 1123. University of Wisconsin-Milwaukee; On December 16, 1998, the Notice of Decision on Application for ACTION: Proposed collection; comment Department filed its final results Duty-Free Entry of Scientific request. pursuant to remand. See Final Results of Instrument SUMMARY: The Department of Redetermination Pursuant to Court Commerce, as part of its continuing Remand, American Silicon This decision is made pursuant to effort to reduce paperwork and Technologies, Elkem Metals Company, section 6(c) of the Educational, respondent burden, invites the general Globe Metallurgical, Inc. and SKW Scientific, and Cultural Materials public and other Federal agencies to Metals & Alloys, Inc. v. United States Importation Act of 1966 (Pub. L. 89– take this opportunity to comment on (December 16, 1998). On February 17, 651, 80 Stat. 897; 15 CFR part 301). proposed and/or continuing information 1999, the CIT upheld the Department’s Related records can be viewed between collections, as required by the redetermination on remand. See 8:30 a.m. and 5:00 p.m. in Room 4211, Paperwork Reduction Act of 1995, American Silicon Technologies, Elkem Department of Commerce, 14th and Public Law 104–13 (44 U.S.C. Metals Company, Globe Metallurgical, Constitution Avenue, NW., Washington, 3506(c)(2)(A)). Inc. and SKW Metals & Alloys, Inc. v. DC. United States, lCITl, Slip Op. 99–17, Docket Number: 00–007. DATES: Written comments must be (February 17, 1999). Neither party Applicant: University of Wisconsin- submitted on or before July 24, 2000. appealed the CIT’s decision. Milwaukee, Milwaukee, WI 53211. ADDRESSES: Direct all written comments Because neither party appealed, there Instrument: Scanning Tunneling to Linda Engelmeier, Departmental is now a final and conclusive court Microscope, Model STM 25DH. Forms Clearance Officer, Department of VerDate 11 Commerce, Room 6066, 14th and III. Data Atmospheric Administration (NOAA), Constitution Avenue NW, Washington OMB Number: 0648–0330. Commerce. DC 20230 (or via Internet at Form Number: None. ACTION: Notice of public meeting. [email protected]). Type of Review: Regular submission. Affected public: Business and other FOR FURTHER INFORMATION CONTACT: SUMMARY: The Gulf of Mexico Fishery for-profit institutions. Management Council will convene a Requests for additional information or Estimated Number of Respondents: public meeting of the Stone Crab copies of the information collection 49. instrument(s) and instructions should Estimated Time Per Response: 176 Advisory Panel (AP). be directed to Alan Kinsolving, NOAA/ hours for the scale type evaluation, 45 DATES: The AP meeting is scheduled to NMFS, F/AKR2, PO BOX 21668, Juneau, minutes for conducting and maintaining begin at 8:00 a.m. on June 8, 2000 and AK 99802–1668; phone 907–586–7228. a record of the daily scale test, 6 will conclude by 12:00 noon. minutes to retain a daily printed scale SUPPLEMENTARY INFORMATION: output, 6 minutes for the request for ADDRESSES: The meeting will be held at the Banana Bay Resort & Marina, 4590 I. Abstract scale inspection, 6 minutes for maintenance of a scale approval sticker, Overseas Highway, Marathon, FL 33050; The National Marine Fisheries Service 6 minutes for an application to inspect telephone: 305–743–3500. (NMFS) manages the commercial scales on behalf of NMFS, and 2 hours Council address: Gulf of Mexico groundfish harvest off Alaska based on to make a request for observer sampling Fishery Management Council, 3018 U.S. an annual total allowable catch for each station inspection and maintaining the Highway 301 North, Suite 1000, Tampa, species. This is based on ‘‘round’’ results. FL 33619. weight, or the weight of the fish prior to Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: Mr. processing. However, much of the fish Hours: 3,508. Wayne Swingle, Executive Director, harvested off Alaska is harvested by Estimated Total Annual Cost to Gulf of Mexico Fishery Management vessels that process the catch at-sea and Public: $8,184. Council, 3018 U.S. Highway 301 North, do not land whole fish. One way that IV. Request for Comments Suite 1000, Tampa, FL 33619; NMFS uses to estimate the total weight telephone: 813–228–2815. of fish harvested by processing vessels Comments are invited on: (a) Whether is by requiring the vessel to weigh all or the proposed collection of information SUPPLEMENTARY INFORMATION: The Stone part of their catch on a motion- is necessary for the proper performance Crab Advisory Panel (AP) will convene compensated scale. At this time, two of the functions of the agency, including to review an amendment to the Stone groups of vessels are required to weigh whether the information shall have Crab Fishery Management Plan (FMP). practical utility; (b) the accuracy of the all catch at-sea: catcher processors and The amendment proposes to extend agency’s estimate of the burden motherships that are listed under the the trap certificate program for the (including hours and cost) of the American Fisheries act as eligible to commercial stone crab fishery adopted proposed collection of information; (c) harvest pollock; and trawl catcher by the state of Florida into the Federal ways to enhance the quality, utility, and processors and motherships that are waters off west Florida. The Florida clarity of the information to be harvesting fish under the Community Fish & Wildlife Conservation collected; and (d) ways to minimize the Development Quota Program (CDQ Commission (FFWCC), after working burden of the collection of information quota). Non-trawl catcher/processors with the stone crab industry and on respondents, including through the that harvest CDQ quota are not required Council over the past 4 years, has use of automated collection techniques to weigh all catch, but they are required adopted by rule a trap certificate or other forms of information to weigh samples of catch. All of these program that will gradually reduce the technology. vessels must also provide an observer Comments submitted in response to number of traps over a 30-year period. sampling station where NMFS-certified this notice will be summarized and /or The Florida legislature has approved the observers can work. The station must be included in the request for OMB portion of this program pertaining to inspected and approved annually by approval of this information collection; licenses and fees. Based on this review, NMFS. they also will become a matter of public the AP may make recommendations to the Council for consideration at their II. Method of Collection record. meeting in Key Largo, July 10–14, 2000. Dated: May 17, 2000. Scale manufacturers must submit Although other non-emergency issues Gwellnar Banks, documentation if they wish to have a not on the agendas may come before the scale approved by NMFS. Vessel owners Management Analyst, Office of the Chief AP for discussion, in accordance with Information Officer. required to weigh catch must used the Magnuson-Stevens Fishery NMFS-inspected scales and sampling [FR Doc. 00–12969 Filed 5–22–00; 8:45 am] Conservation and Management Act, stations. To schedule an inspection, BILLING CODE 3510±22±F those issues may not be the subject of they must submit a request form. formal action during these meetings. Vessels required to weigh all catch must DEPARTMENT OF COMMERCE Actions of the AP will be restricted to test their scales daily and maintain those issues specifically identified in documentation verifying that the testing National Oceanic and Atmospheric the agendas and any issues arising after took place. These vessels must also Administration publication of this notice that require maintain a printed record of the weight emergency action under Section 305(c) of each haul that was required to be [I.D. 051200C] of the Magnuson-Stevens Act, provided weighed. Finally, inspectors employed Gulf of Mexico Fishery Management the public has been notified of the by other Federal, state, or local weights Council; Public Meeting Council’s intent to take action to and measures agencies may request address the emergency. Copies of the authority to inspect scales on behalf of AGENCY: National Marine Fisheries agenda can be obtained by calling 813– NMFS. Service (NMFS), National Oceanic and 228–2815. VerDate 11 Special Accommodations sustainable yield, and market squid Panel will meet each day, from 8 a.m. This meeting is physically accessible allowable biological catch; to 5 p.m. to people with disabilities. Requests for transferability of limited entry permits; ADDRESSES: The STAR Panel for Pacific sign language interpretation or other and applications for anchovy reduction ocean perch and yellowtail rockfish will auxiliary aids should be directed to fishery exempted fishing permits. The be held in Building 4, Room 2079 of the Anne Alford at the Council (see primary purpose of the CPSAS meeting NMFS Alaska Fisheries Science Center, ADDRESSES) by May 25, 2000. is to review documents and analyses 7600 Sand Point Way NE., Seattle, WA developed by the CPSMT and to discuss 98115. Dated: May 17, 2000. other pertinent business. Council address: Pacific Fishery Richard W. Surdi, Although non-emergency issues not Management Council, 2130 SW Fifth Acting Director, Office of Sustainable contained in the meeting agenda may Avenue, Suite 224, Portland, OR 97201. Fisheries, National Marine Fisheries Service. come before the CPSMT and/or the FOR FURTHER INFORMATION CONTACT: Dan [FR Doc. 00–12968 Filed 5–22–00; 8:45 am] CPSAS for discussion, those issues may Waldeck, Fishery Management Analyst; BILLING CODE 3510±22±F not be the subject of formal CPSMT or telephone: (503) 326–6352. CPSAS action during this meetings. SUPPLEMENTARY INFORMATION: The CPSMT and/or CPSAS action will be purpose of the meeting is to review draft DEPARTMENT OF COMMERCE restricted to those issues specifically stock assessment documents for Pacific listed in this notice and any issues ocean perch and yellowtail rockfish and National Oceanic and Atmospheric arising after publication of this notice any other pertinent information, work Administration that require emergency action under with stock assessment teams to make [I.D. 051200E] section 305(c) of the Magnuson-Stevens necessary revisions, and produce STAR Fishery Conservation and Management Panel reports for use by the Council Pacific Fishery Management Council; Act, provided the public has been family and other interested persons. Public Meeting notified of the CPSMT’s and/or CPSAS’s Although non-emergency issues not intent to take final action to address the AGENCY: National Marine Fisheries contained in the STAR Panel agenda emergency. Service (NMFS), National Oceanic and may come before the STAR Panel for Atmospheric Administration (NOAA), Special Accommodations discussion, those issues may not be the Commerce. These meetings are physically subject of formal panel action during ACTION: Notice of public meetings. accessible to people with disabilities. this meeting. STAR Panel action will be Requests for sign language restricted to those issues specifically SUMMARY: The Pacific Fishery listed in this notice, and any issues Management Council’s (Council) Coastal interpretation or other auxiliary aids should be directed to Mr. John Rhoton arising after publication of this notice Pelagic Species Management Team that require emergency action under (CPSMT) and Coastal Pelagic Species at (503) 326–6352 at least 5 days prior to the meeting date. section 305(c) of the Magnuson-Stevens Advisory Subpanel (CPSAS) will hold Fishery Conservation and Management public meetings. Dated: May 17, 2000. Act, provided the public has been DATES: The CPSMT meeting will begin Richard W. Surdi, notified of the panel’s intent to take on Thursday, June 8, 2000 at 8 a.m. and Acting Director, Office of Sustainable final action to address the emergency. will continue until 12 p.m. The CPSAS Fisheries, National Marine Fisheries Service. Special Accommodations meeting will begin on Thursday, June 8, [FR Doc. 00–12966 Filed 5–22–00; 8:45 am] 2000 at 1 p.m. and may go into the BILLING CODE 3510±22±F The meeting is physically accessible evening until business for the day is to people with disabilities. Requests for completed. sign language interpretation or other DEPARTMENT OF COMMERCE auxiliary aids should be directed to Mr. ADDRESSES: Both the CPSMT and John Rhoton at (503) 326–6352 at least CPSAS meetings will be held in the National Oceanic and Atmospheric 5 days prior to the meeting date. Large Conference Room at the California Administration Department of Fish and Game, 330 Dated: May 17, 2000. Golden Shore, Suite 50, Long Beach, [I.D. 051200D] Richard W. Surdi, CA. Acting Director, Office of Sustainable Council address: Pacific Fishery Pacific Fishery Management Council; Fisheries, National Marine Fisheries Service. Public Meeting Management Council, 2130 SW Fifth [FR Doc. 00–12967 Filed 5–22–00; 8:45 am] Avenue, Suite 224, Portland, OR 97201. AGENCY: National Marine Fisheries BILLING CODE 3510±22±F FOR FURTHER INFORMATION CONTACT: Mr. Service (NMFS), National Oceanic and Dan Waldeck, Pacific Fishery Atmospheric Administration (NOAA), Management Council, (503) 326–6352; Commerce. DEPARTMENT OF DEFENSE or Dr. Doyle Hanan, California ACTION: Notice of public meeting. Department of Fish and Game, Department of the Army (619) 546–7170. SUMMARY: The Pacific Fishery Notice of Availability for the Record of SUPPLEMENTARY INFORMATION: There are Management Council’s (Council) Decision (RDO) for the Disposal and several items that may be on the CPSMT Groundfish Stock Assessment Review Reuse of Fort Chaffee, Arkansas agenda, these include: Pacific mackerel (STAR) Panel will hold a work session stock assessment and harvest guideline; which is open to the public. AGENCY: Department of the Army, DoD. coastal pelagic species (CPS) stock DATES: The STAR Panel for Pacific ACTION: Notice of availability. assessment and fishery evaluation ocean perch and yellowtail rockfish will (SAFE) document; fishery management meet beginning at 1 p.m., June 12, 2000 SUMMARY: In compliance with the plan amendment for bycatch in CPS and continue through June 16, 2000. National Environmental Policy Act fisheries, market squid maximum Except for Monday, June 12, the STAR (NEPA) of 1969 and the President’s VerDate 11 Council on Environmental quality, the preferred reuse plan is a decision that and human environment are anticipated Army has prepared the ROD in will be made by the FCRA. as a result of the Army’s proposed association with the completion of the Dated: May 18, 2000. excessing action. The Army will retain Final Environmental Impact Statement Raymond J. Patz, control of the property and will (FEIS) for the disposal and Reuse of Fort Deputy Assistant Secretary of the Army, continue to provide current levels of Chaffee, Arkansas. The approved 1995 (Environment, Safety and Occupational security and maintenance until a new base closure and realignment actions Health) OASA(I&E). owner is found. Indirect adverse required by the Base Closure and [FR Doc. 00–12935 Filed 5–22–00; 8:45 am] impacts on air quality, noise, surface Realignment Act of 1990 (Pub. L. 101– BILLING CODE 3710±08±M water, soil erosion, biological resources, 510), and subsequent actions in land use, and traffic would result from compliance with this law, mandated the the eventual reuse of the property by the closure of Fort Chaffee. It is DoD policy DEPARTMENT OF DEFENSE new (non-Army) owner, which can be to dispose of property no longer needed avoided or minimized by using best by DoD. Consequently, as a result of the Department of the Army management practices and complying mandated closure of Fort Chaffee, the Army is disposing of excess property at Environmental Assessment (EA) and with state and local laws and Fort Chaffee. Finding of No Significant Impact (FNSI) regulations. The Army is committed to The ROD establishes the Army’s for the National Park Seminary Historic remedying environmental decision to proceed with the disposal of District, Forest Glen Annex, Walter contamination, associated with the excess properties/facilities in Reed Army Medical Center Army’s past ownership or use of the accordance with the Army’s preferred NPSHD property, as necessary to protect AGENCY: alternative (encumbered disposal) Department of the Army, DoD. human health and the environment. On described in the FEIS. ACTION: Notice of availability. the basis of currently available ADDRESSES: Requests for a copy of the SUMMARY: The Department of the Army information, no remedial action is FEIS or ROD may be addressed to Mr. proposes to report the National Park expected to be necessary for hazardous Jim Ellis, Little Rock District, U.S. Army Seminary Historic District (NPSHD), in substances or wastes, as defined by 42 Corps of Engineers, ATTN: CESWL–ET– its entirety, as excess property to the U.S.C. 9601(14). Indirect adverse effects WP, PO Box 867, Little Rock, AR 72203. General Services Administration (GSA), on historic properties are expected. FOR FURTHER INFORMATION CONTACT: Mr. in accordance with Army Regulation Consultation with the Maryland State Jim Ellis at (501) 324–5033 or by fax at 405–90 and federal property law. The Historic Preservation Officer (SHPO) (501) 324–5605. NPSHD is part of the Forest Glen Annex under Section 106 of the National SUPPLEMENTARY INFORMATION: The FEIS of the Walter Reed Army Medical Center Historic Preservation Act is ongoing. analyzed three disposal alternatives: (1) (WRAMC) in Montgomery County, The GSA, Army, SHPO, Advisory The no action alternative, which entails Maryland, and is listed on the National Council on Historic Preservation, as maintaining the property in caretaker Register of Historic Places. well as any other consulting parties status after closure: (2) the encumbered The Army’s proposed action will identified by GSA, will work to achieve disposal alternative, which entails begin the screening and disposal an appropriate agreement to address transferring the property to future process, by providing notice to the GSA potential adverse effects on the historic owners with Army-imposed limitations, that the NPSHD is excess to the Army’s district. Further evaluation of impacts or encumbrances, on the future use of needs. Under the Federal Property and will be provided in National the property; and (3) the unencumbered Administrative Services Act and Environmental Policy Act disposal alternative, which entails accompanying regulations, GSA is documentation that will be prepared by transferring the property to future responsible for the disposal of excess GSA for their action of disposal. owners with fewer or no Army-imposed federal property. The EA for the NPSHD restrictions on the future use of the identifies analyzes the potential impacts On the basis of the environmental property. The preferred action identified of four alternatives: (1) Excessing the impact analyses found in the EA, which in the FEIS is encumbered disposal of NPSHD; (2) excessing NPSHD with was incorporated into a FNSI, it has excess property at Fort Chaffee. Based additional parcels of land; (3) no action; been determined that implementing the upon the analysis contained in the FEIS, or (4) moth-balling the historic Army’s proposed action of reporting the encumbrances and deed restrictions buildings. The Army’s preferred NPSHD to GSA as excess property will associated with the Army’s disposal alternative for implementing the not have significant individual or actions for Fort Chaffee will mitigation proposed action is Alternative 2. cumulative impacts on the quality of the measures. DATES: Public comments on the EA and human environment. Therefore, an Planning for the reuse of the property FNSI must be submitted by June 22, Environmental Impact Statement is not to be disposed of is a secondary action 2000. required and will not be prepared. resulting from closure. The local ADDRESSES: Address comments to Ms. Individuals who want to review the community has established the Fort Beverly Chidel, Acting Public Affairs EA and FNSI may obtain a copy and Chaffee Redevelopment Authority Officer, Walter Reed Army Medical (FCRA) to produce a reuse development provide comments during this 30-day Center, 6900 Georgia Avenue, N.W., plan for the surplus property. The period, by writing to Ms. Beverly Chidel Washington, D.C. 20307–5001 or via impacts of reuse are evaluated in terms at the address listed above. Copies of the email at of land use intensities. This reuse EA will also be available for public [email protected]. analysis is based upon implementing review at the Silver Spring Branch one of three reuse alternatives, all of FOR FURTHER INFORMATION CONTACT: Ms. Library (8901 Colesville Road, Silver which are based upon the FCRA reuse Beverly Chidel, Acting Public Affairs Spring, MD). The EA also may be plan. The Army has not selected one of Officer, at (202) 782–7177. viewed on the Internet at these three reuse alternatives as the SUPPLEMENTARY INFORMATION: Little or www.wramc.amed.army.mil/ preferred action. Selection of the no direct adverse impacts on the natural departments/dpw. VerDate 11 Dated: May 18, 2000. Background southeast by Route 16; and on the south Raymond J. Fatz, Under the authority of the Defense by the intersection of Routes 16, 10, and Deputy Assistant Secretary of the Army Base Closure and Realignment Act of 8; on the southwest by Route 8; and on (Environment, Safety and Occupational 1990 (DBCRA), Public Law 101–510, 10 the west and northwest by Route 1 and Health) OASA (I&E). U.S.C. § 2687 note (1994), the 1993 Agana Bay. The Village of Tamuning, the Airport [FR Doc. 00–12972 Filed 5–22–00; 8:45 am] Defense Base Closure and Realignment Authority’s passenger terminal and BILLING CODE 3710±08±M Commission recommended the closure maintenance area, and the Harmon of Naval Air Station Agana. The industrial area are located north of the Commission also recommended that DEPARTMENT OF DEFENSE base property. The Village of Dededo is navy retain the Air Station officers located northeast of the Air Station. housing to support Navy personnel Department of the Navy Barrigada Heights and facilities stationed at Andersen Air Force Base in associated with the United States Naval Record of Decision for the Disposal the northern part of Guam. These Computer and Telecommunications and Reuse of Naval Air Station Agana, recommendations were approved by Station, Guam are located, respectively, Guam President Clinton and accepted by the east and southeast of the Air Station. One Hundred Third Congress in 1993. SUMMARY: The Department of the Navy The Village of Barrigada is located south Naval Air Station Agana closed on (Navy), pursuant to Section 102(2)(C) of of the Air Station; and the villages of March 31, 1995. Mongmong, Toto, and Maite are located the National Environmental Policy Act Prior to closure of the Air Station, the of 1969 (NEPA), 42 U.S.C. § 4332(2)(C) southwest of the base. A. B. Won Pat Guam International (1994), and the regulations of the During the Federal screening process, Airport Authority (GIAA) operated the Council on Environmental Quality that two Federal agencies requested Guam International Airport at NAS implement NEPA procedures, 40 C.F.R. interagency transfers of base closure Agana through a joint use agreement Parts 1500–1508, hereby announces its property at NAS Agana. These were the with Navy. Under this agreement, decision to dispose of Naval Air Station National Weather Service of the Guam’s International Airport Authority, (NAS) Agana, which is located in the Department of Commerce’s National which owns and operates a passenger United States Territory of Guam. Guam Oceanic and Atmospheric terminal and maintenance area adjacent is the southernmost island of the Administration and the Federal to NAS Agana, used the Naval Air Mariana archipelago in the western Aviation Administration. Pacific Ocean. Station runways and taxiways and On July 23, 1998, Navy transferred Navy analyzed the impacts of the relied upon Navy’s air traffic controllers three acres just south of the runways to disposal and reuse of NAS Agana in an for civilian air operations. After NAS the National Weather Service, which is Environmental Impact Statement (EIS) Agana closed, GIAA assumed building a weather forecasting facility as required by NEPA. The EIS analyzed responsibility for all air operations and on the site. Navy will transfer the four reuse alternatives and identified began using Navy’s maintenance control tower and base operations the NAS Agana Base Reuse Master Plan hangars through a lease with Navy. The building (Building 17–75) and a (Reuse Plan), approved by the Federal Aviation Administration (FAA) transmitter building (Building 16–3231) Government of Guam on July 8, 1997, currently provides air traffic control and two non-contiguous parcels and described in the EIS as the Airport/ services. covering about three acres in this part of Business/Industry Alternative, as the The 1995 Defense Base Closure and the base to the Federal Aviation Preferred Alternative. Realignment Commission modified the Administration for air traffic control The Preferred Alternative proposed to 1993 Commission’s recommendation by activities. The remaining 1,725 acres of use NAS Agana for commercial aviation; directing Navy to close the officers Navy property at NAS Agana are for industrial and commercial activities; housing at NAS Agana. The 1995 surplus to the needs of the Federal to develop parks and recreational areas; Commission’s recommendation was Government. and to build and expand roads and approved by President Clinton and This Record of Decision addresses the highways. The Government of Guam is accepted by the One Hundred Fourth disposal and reuse of those parts of NAS the local Redevelopment Authority Congress in 1995. Agana that are surplus to the needs of (LRA) for NAS Agana. Department of Naval Air Station Agana is located in the Federal Government. The Air Defense Rule on Revitalizing Base the central part of Guam, about three Station contains two parallel runways in Closure Communities and Community miles northeast of the Village of Agana, a northeast-southwest alignment: a Assistance (DOD) Rule), 32 C.F.R. which has been renamed Hagatna. The 10,000-foot primary runway (Runway § 176.20(a). area around the base is also known as 06L–24R) and an 8,000-foot secondary Navy intends to dispose of NAS Tiyan. The Air Station covers an area of runway (Runway 06R–24L). Navy plans Agana in a manner that is consistent about 1,824 acres of Navy property, and to transfer its interests in the air with the Reuse Plan. Navy has Navy controls an additional 208 acres operations easements and the drainage determined that the mixed land use near the Air Station by way of easements to GIAA. The base contains proposed for NAS Agana will meet the easements for air operations and about 592 buildings and structures that goals of achieving local economic drainage. Navy plans to transfer its were used for aviation operations, redevelopment and creating new jobs interests in these easements to GIAA. training, housing, administrative and while limiting adverse environmental Disposal and reuse of the officers support activities. The surplus impacts and ensuring land uses that are housing, covering 93 acres, were treated property’s undeveloped areas on the compatible with adjacent property. This in a separate environmental analysis western side of the base contain Record Of Decision does not mandate a and document. wetlands and, on the eastern side of the specific mix of land uses. Rather, it Naval Air Station Agana is oriented base, a forest with limestone soil. There leaves selection of the particular means along a northeast-southwest axis and is an archaeological site eligible for to achieve the proposed redevelopment has a generally triangular shape. The listing on the National Register of to the acquiring entities and the local base is bounded on the north by a steep Historic Places in a developed area zoning authority. bluff and Route 10A; on the east and south of the airfield. VerDate 11 Of the 1,725 acres of surplus property January 28, 2000. Navy did not receive providers. Additionally, the at NAS Agana, about 249 acres are any comments on the FEIS. modifications changed the proposed use available to the Government of Guam for of 27 acres in the western part of the Alternatives economic redevelopment. The base from parks and recreational Government of Guam proposes to NEPA requires Navy to evaluate a activities to airport operations and develop industrial and commercial reasonable range of alternatives for the changed the proposed use of 20 acres in facilities on this property. disposal and reuse of this surplus the eastern part of the base from Navy plans to dispose of the Federal property. In the FEIS, Navy industrial and commercial activities to remaining 1,476 acres of surplus analyzed the environmental impacts of airport operations. property at NAS Agana by way of four reuse alternatives. Navy also In Executive Order No. 97–27, dated various public benefit conveyances. evaluated a ‘‘No Action’’ alternative that October 16, 1997, Governor Gutierrez Navy plans to convey about 1,361 acres would leave the property in caretaker disestablished the Komitea Para Tiyan to the Guam International Airport status with Navy maintaining the and established the Base Realignment Authority for use as an airport after physical condition of the property, And Closure GovGuam Steering approval by the United States providing a security force, and making Committee. He assigned the BRAC Department of Transportation. Navy repairs essential to safety. Under this GovGuam Steering Committee plans to assign about 72 acres to the alternative, Guam’s International responsibility for coordinating all future Federal Highway Administration for Airport would continue to operate redevelopment at NAS Agana. subsequent conveyance to the under the existing joint use agreement The Reuse Plan, identified in the FEIS Government of Guam to permit between Navy and GIAA, and there as the Preferred Alternative, proposed a development of the proposed Laderan would be no expansion of the airport, mix of land uses for NAS Agana. The Tiyan Parkway north of the airfield, no improvement of roadways within the Preferred Alternative would develop Mariner Parkway south of the airfield, base’s boundaries, and no transfers of commercial aviation, industrial, and and the proposed extension of Route 10 easements. commercial activities as well as parks south of the airfield. In Executive Order No. 94–07, dated and recreational areas. it will be Navy plans to assign about 41 acres in July 8, 1994, the Governor of Guam, necessary to make utility infrastructure the southern part of the base to the Joseph F. Ada, established the Komita and roadway improvements to support United States Department of the Interior Para Tiyan to prepare a reuse plan for the Reuse Plan’s proposed for subsequent conveyance to the NAS Agana. The Kometia conducted the redevelopment of NAS Agana. Government of Guam for use as parks planning process for NAS Agana in two The Preferred Alternative would and recreational areas. Navy plans to parts: it developed an airport master expand Guam’s International Airport to convey the Air Station’s chapel and plan for submission to the FAA that increase its air traffic capacity. By the religious center and two acres in the proposed civilian reuse of the NAS full build-out year of 2015, the number southern part of the base to the Agana facilities and it developed a reuse of annual aircraft operations would Government of Guam after the United plan for all of the surplus property. The increase from 87,000 to 123,400. The States Department of Housing and Komitea solicited expressions of interest primary runway (06L–24R) would be Urban Development approves a legally in reuse and redevelopment of the extended from 10,000 to 12,000 feet binding agreement between the LRA property and received notices of interest (1,000 feet to the northeast and 1,000 and homeless assistance providers. from local government agencies, private feet to the southwest), and the Navy published a Notice Of Intent in businesses, homeless assistance secondary runway (06R–24L) would be the Federal Register on January 22, providers, and nonprofit organizations. extended from 8,000 to 11,000 feet 1996, announcing that Navy and the The Komitea Para Tiyan developed (1,000 feet to the southwest and 2,000 FAA as a cooperating agency would three reuse proposals designated as feet to the northeast). This Alternative prepare an EIS for the disposal and business/industry, education/heritage, would build two new taxiways, one reuse of NAS Agana. Navy held two and housing/community. Each proposed north of the primary runway and one public scoping meetings in the a similar expansion of Guam’s south of the secondary runway. It would Government of Guam’s Executive International Airport. At four public build a new air traffic control tower, a Building at Adelup on January 24, 1996. meetings in November 1994 and at three cargo terminal, a general aviation The scoping period concluded on public meetings in June 1995, the terminal and service center, aircraft February 23, 1996. Komitea solicited comments concerning maintenance facilities, and training Navy distributed the Draft EIS (DEIS) the three reuse proposals. On December facilities. It would also reserve land for to Federal and local government 22, 1995, the Komitea solicited future expansion of the passenger agencies, elected officials, community comments concerning the three reuse terminal, additional flight kitchens, and groups and associations, and interested proposals. On December 22, 1995, the aviation businesses such as an express persons on April 9, 1999, and Kometea adopted the business/industry package and cargo hub. commenced a 45-day public review and alternative and approved the NAS The Preferred Alternative proposed to comment period. During this period, Agana Base Reuse Master Plan. In letters build several new roadways and to Federal and local agencies and one to the Department of Defense and the expand other roadways. This person submitted written comments Department of Housing and Urban Alternative would build the Laderan concerning the DEIS. On May 13, 1999, Development (HUD) dated December 26, Tiyan Parkway north of the airport’s Navy held a public hearing to receive 1995, the Governor of Guam, Carl T.C. operations area to provide an alternate comments on the DEIS at the San Gutierrez, submitted this reuse plan to access to the passenger terminal from Vicente/San Roke Catholic Church’s the Federal Government. route 8 on the base’s south and social hall in Barrigada. In a letter to HUD dated July 8, 1997, southwest boundary. This roadway Navy’s responses to the public Governor Gutierrez submitted would also provide a link to a proposed comments were incorporated in the modifications to the December 1995 north-south bypass road that would Final EIS (FEIS), which was distributed reuse plan. The Governor designated connect the Village of Tamuning with to the public on December 30, 1999, for two acres in the southern part of the the base and communities located south a review period that concluded on base for use by homeless assistance of the base. VerDate 11 In the southern part of the base, the recreational areas and would provide also proposed to establish a coconut preferred Alternative would expand housing. plantation in this area. mariner Avenue, a northeast-southwest Alternative 2 would expand the South of the proposed Mariner road on the base, and rename it Mariner airport’s operations by extending both Parkway, Alternative 2 would build an Parkway. This roadway would provide runways and by building two new educational and cultural center. This access to airport-related activities to the taxiways. This Alternative would also center could include a high school, a north as well as to the industrial and build a new air traffic control tower, a vocational training school, and commercial activities and parks and cargo terminal, a general aviation university research facilities. Adjacent recreational areas to the south. It would terminal and service center, aircraft to the educational center, this also serve as a regional transportation maintenance facilities, and training Alternative would build housing and link between the villages of Dededo and facilities. It would reserve land for retail stores for students, faculty, and Cabras. The Preferred Alternative would future expansion of the passenger workers. It would also develop expand Seagull Avenue between terminal, additional flight kitchens, and industrial activities here. Alternative 2 Mariner Parkway and the intersection of aviation businesses such as an express designated the Air Station’s chapel and Routes 16, 10, and 8 at the southern tip package and cargo hub. religious center and two acres located in of the base. Alternative 2 proposed to build the educational and cultural area for use The Preferred Alternative proposed to several new roadways to expand other by homeless assistance providers. reserve about 30 acres on the bluff north roadways similar to those proposed by Navy analyzed a third ‘‘action’’ of the airport, overlooking the village of the Preferred Alternative. This alternative, described in the FEIS as Tamuning, for parks and recreational Alternative would build the Laderan Alternative 3, the Airport/Housing/ uses such as walking paths, bike paths, Tiyan Parkway north of the airport’s Community Alternative. Alternative 3 and picnic areas. On about 340 acres operations area to provide an alternate proposed expanding the airport and located north and south of the runways access to the passenger terminal from building extensive roadway improvements similar to those proposed and taxiways, this Alternative proposed Route 8. This roadway would also by the Preferred Alternative. In to develop airport-related commercial provide a link to a proposed north-south Alternative 3, however, there would be facilities. To the north, these facilities bypass road that would connect the less airport-related development and could include offices for businesses Village of Tamuning with the base and fewer industrial and commercial interested in a prime airport location, a communities located south of the base. activities than proposed in the Preferred trade exhibition center, a 200-room In the southern part of the base, Alternative. Instead, this Alternative hotel, and educational facilities such as Alternative 2 would expand Mariner would emphasize housing and parks an hotel school. To the south, just north Avenue and rename it Mariner Parkway. and recreational areas and would of the proposed Mariner Parkway, the This roadway would provide access to provide educational and cultural Preferred Alternative would develop airport-related activities to the north as facilities. facilities for commercial activities well as to the housing, educational and Alternative 3 would expand the related to the airport such as express cultural facilities, industrial and airport’s operations by extending both package services, an airframe and power commercial activities, and parks and runways and by building two new plant school, light industrial activities, recreational ares to the south. It would taxiways. This Alternative would also storage, and freight forwarders. also serve as a regional transportation build a new air traffic control tower, a In the southern part of the base, south link between the villages of Dededo and cargo terminal, a general aviation of the proposed Mariner Parkway, the Cabras. Alternative 2 would expand terminal and service center, aircraft Preferred Alternative proposed to Seagull Avenue between Mariner maintenance facilities, and training develop industrial and commercial Parkway and the intersection of Routes facilities. It would reserve land for activities that would include retail 16, 10, and 8 to the south. future expansion of the passenger stores to serve the Barrigada In the western part of the base, just terminal, additional flight kitchens, and community. On about 41 acres, it would south of the officers housing site, aviation businesses such as an express develop new recreational facilities and Alternative 2 would develop industrial package and cargo hub. reuse the existing sports facilities as an activities. East of the officers housing Alternative 3 proposed to build Olympics training center. The Preferred site, this Alternative would develop several new roadways and to expand Alternative designated the Air Station’s educational and cultural facilities and other roadways similar to those chapel and religious center and two open space an recreational areas. It proposed by the Preferred Alternative. acres located in the center of the would also build housing on the bluff This Alternative would build the industrial and commercial area for use north of the airport, overlooking the Laderan Tiyan Parkway north of the by homeless assistance providers. Village of Tamuning, and establish a airport’s operations area to provide an Navy analyzed a second ‘‘action’’ parks and recreational area there. In the alternate access to the passenger alternative, described in the FEIS as northeast corner of the base, there terminal from Route 8. This roadway Alternative 2, the Airport/Education/ would be a large open space and would also provide a link to a proposed Heritage Alternative. Alternative 2 recreational area around the existing north-south bypass road that would proposed expanding the airport and ironwood trees. connect the Village of Tamuing with the building extensive roadway South of the northeast ends of the base and communities located south of improvements similar to those proposed runways and taxiways, along the the base. by the Preferred Alternative. In southeast boundary of the Air Station, In the southern part of the base, Alternative 2, however, there would be Alternative 2 would preserve a forest Alternative 3 would expand Mariner less airport-related development and with limestone soil. Along the Avenue and rename it Mariner Parkway. fewer industrial and commercial southwest boundary, from the Under Alternative 3, this roadway activities than proposed in the Preferred intersection of Routes 16, 10, and 8, to would be a local access road rather than Alternative. Instead, the Alternative the southwest ends of the runways and a regional transportation link as would emphasize educational and taxiways, it would reserve land for open proposed in the Preferred Alternative. cultural activities and parks and space and recreation areas. Alternative 2 The Parkway would provide access to VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 • A ‘‘page’’ is 8.5″ x 11″ (on one side only) and training. Second, the labor market The Center will be responsible for a with one-inch margins (top, bottom, and demands higher levels of education and wide range of work, including sides). • skills, and the completion of high developing products and materials, Double-space (no more than three lines school and further education become conducting technical assistance per vertical inch) all text in the application even more critical. Third, practitioners narrative, including titles, headings, activities that are topic-specific, and footnotes, quotations, and captions, as well lack knowledge about integrating disseminating information about as all text in charts, tables, figures, and academic and career preparation into a research-based models and practices. graphs. seamless, individualized education The Assistant Secretary is particularly • If using a proportional computer font, program for youth with disabilities. interested in projects that engage the use no smaller than a 12-point font, and an Finally, general education initiatives active participation of multiple partners. average character density no greater than 18 have increased public accountability Priority: The Assistant Secretary characters per inch. If using a through more rigorous curriculum establishes an absolute priority to nonproportional font or a typewriter, do not standards, large-scale assessment of support a Center that will identify and use more than 12 characters per inch. student performance in relation to those promote effective policy and practice to The page limit does not apply to Part standards, and increased graduation improve secondary education and I—the cover sheet; Part II—the budget requirements. transition results for children with section, including the narrative budget To help meet demands for improved disabilities. At a minimum, this project justification; Part IV, the assurances and results, the IDEA Amendments of 1997 must— certifications; or the one-page abstract, put forth a broader vision of secondary (a) Provide technical assistance and the resumes, the bibliography or education with greater emphasis on information by: references, or the letters of support. participation and involvement in the (1) Developing a network of However, you must include all of the general curriculum as a means to researchers, technical assistance application narrative in Part III. improve educational results for students We will reject your application if— with disabilities and to increase their providers, and disseminators of • You apply these standards and rates of high school completion. research-based and promising practices exceed the page limit; or Moreover, earlier transition planning is to facilitate transition from post- • You apply other standards and expected to result in improved secondary education, work, and exceed the equivalent of the page limit. postsecondary education participation independent living. This network must: (i) Work collaboratively with other Waiver of Rulemaking and employment rates. To achieve this vision of improved postschool researchers, technical assistance In most instances the Assistant outcomes, collaborative partnerships providers, and disseminators to: Secretary is required to offer interested must be developed among multiple (A) Coordinate technical assistance parties the opportunity to comment on systems, such as education, vocational and dissemination activities; proposed priorities. However, section rehabilitation, workforce development, (B) Develop communication and 661(e)(2) of IDEA makes the health, social security, housing, and dissemination strategies; and Administrative Procedure Act (5 U.S.C. transportation. (C) Develop products that include 553) inapplicable to the priority in this To ensure full implementation of research findings and promising notice. IDEA and to achieve quality education practices, including findings from Priority: Under section 685 of IDEA and transition results for students with OSEP-supported research and lessons and 34 CFR 75.105(c)(3) we consider disabilities and their families, Congress from the School-to-Work program and only applications that meet the found that National technical assistance, other Federal youth transition programs, following priority: Absolute Priority— support, and dissemination activities and are designed to broaden the Secondary Education and Transition were necessary. For that reason, the capacity of technical assistance and Technical Assistance Center (84.326J) Secondary Education and Transition information providers, particularly Background: Federal activities in Technical Assistance Center (SETAC) regular and special education technical support of transition have shifted in will be established to carry out activities assistance and information providers; focus from a historical emphasis on the that are national in scope, coordinated (ii) Include, at a minimum, Federally- needs of students with significant with other technical assistance and funded national research institutes, disabilities to a more recent emphasis dissemination efforts, and aligned with technical assistance providers, and on students with high-incidence other Federally-funded synthesis and disseminators that address secondary disabilities. Yet, based on the results of research centers and institutes in order education and transition issues. These the National Longitudinal Transition to avoid duplication. The goals of this entities may include, for example, the Study of Special Education Students Center are to: Research Institute for Secondary (NLTS) and data from the Monitoring (a) Promote secondary education and Education Reform; the Institute for and State Improvement Program transition models that integrate Academic Access; the Center for Division of the Office of Special academic, career, work-based, and Promoting What Works; the National Education Programs (OSEP), it has community-based learning; Center for Education Outcomes; become apparent that the transition (b) Support State and local capacity Regional Resource Centers (RRCs); the needs of all students with disabilities building to improve education and National Information Center on are not being adequately met. transition results for youth with Children and Youth with Disabilities The transition needs of students with disabilities; (NICHCY); the National Center on the disabilities are reflected in many factors. (c) Promote systemic change by Study of Postsecondary Education First, school completion rates for facilitating school and community- Supports; the National Clearinghouse on students with disabilities are low, while based linkages in the provision of Postsecondary Education for Individuals at the same time, national studies report transition services to youth with with Disabilities (HEATH); the National that students with disabilities who disabilities; and Institute on Disability and complete high school are more likely to (d) Translate research into practice by Rehabilitation Research; and be employed, to earn higher wages, and using technical assistance and Rehabilitation Research and Training to enroll in postsecondary education dissemination mechanisms. Centers, as well as researchers, technical VerDate 11 VerDate 11 If you request an application from Ed http://www.access.gpo.gov/nara/ Specific Advisory Board is necessary in Pubs be sure to identify the competition index.html order to conduct DOE’s business and is as follows: CFDA 84.326J. Dated: May 17, 2000. in the public interest. The Board will FOR FURTHER INFORMATION CONTACT: Judith E. Heumann, operate in accordance with the provisions of the Federal Advisory Grants and Contracts Services Team, Assistant Secretary for Special Education and U.S. Department of Education, 400 Rehabilitative Services. Committee Act, and the rules and regulations issued in the Maryland Avenue, S.W., room 3317, [FR Doc. 00–12923 Filed 5–22–00; 8:45 am] implementation of those acts. Switzer Building, Washington, DC BILLING CODE 4000±01±U 20202–2550. Telephone: (202) 260– Further information regarding this 9182. advisory board may be obtained from If you use a TDD you may call the Rachel M. Samuel at (202) 586–3279. DEPARTMENT OF ENERGY Federal Information Relay Service Issued in Washington DC on May 16, 2000. (FIRS) at 1–800–877–8339. Office of Environmental Management; James N. Solit, Individuals with disabilities may Environmental Management Site- Advisory Committee Management Officer. obtain this document in an alternate Specific Advisory Board; Notice of [FR Doc. 00–12933 Filed 5–22–00; 8:45 am] format (e.g., Braille, large print, Renewal BILLING CODE 6450±01±P audiotape, or computer diskette) on request to the contact persons listed in Pursuant to Section 14(a)(2)(A) of the the preceding paragraph. Federal Advisory Committee Act (Pub. DEPARTMENT OF ENERGY Individuals with disabilities may L. 92–463), and in accordance with title obtain a copy of the application package 41 of the Code of Federal Regulations, Notice of Competitive Financial in an alternate format by contacting the Section 101–6.1015(a), and following Assistance for the Office of Defense Department at the address listed. consultation with the Committee Nuclear Nonproliferation However, the Department is not able to Management Secretariat, General reproduce in an alternate format the Services Administration, notice is AGENCY: U.S. Department of Energy standard forms included in the hereby given that the Environmental (DOE). application package. Management Site-Specific Advisory ACTION: Notice of Financial Assistance Board has been renewed for a two-year Solicitation DE–PS01–00NN20115; Intergovernmental Review period beginning May 16, 2000. Biological Detection and Enabling The program in this notice is subject The purpose of the Board is to Science. to the requirements of Executive Order provide the Assistant Secretary for SUMMARY: The Office of Research and 12372 and the regulations in 34 CFR Environmental Management with advice Engineering (NN–20) of the Office part 79. The objective of the Executive and recommendations on environmental Defense Nuclear Nonproliferation (NN), order is to foster an intergovernmental management projects and issues such as U.S. Department of Energy (DOE), partnership and a strengthened future use, risk management, hereby announces its interest in federalism by relying on processes transportation, long-term stewardship, receiving grant applications for its developed by State and local and budget prioritization activities, from Chemical and Biological governments for coordination and the perspective of affected groups and Nonproliferation Program. Research is review of proposed Federal financial State and local government. Board sought for experimental and assistance. membership will reflect the full computational studies for biological In accordance with the order, we diversity of views in the affected detection and the underlying enabling intend this document to provide early community and region and be science. notification of the Department’s specific composed primarily of people who are plans and actions for those programs. directly affected by Department of DATES: The formal solicitation document, which will include greater Electronic Access to This Document Energy (DOE) site cleanup activities. Members will include potentially detail about specific program areas of You may view this document, as well affected and interested stakeholders interest, application instructions, and as all other Department of Education from local government, Indian Tribes, evaluation criteria, is expected to be documents published in the Federal environmental and civic groups, labor issued in early June 2000. Potential Register, in text or Adobe Portable organizations, universities, waste applicants are strongly encouraged to Document Format (PDF) on the Internet management and environmental submit a brief two to four page pre- at either of the following sites: restoration firms, and other interested application. All pre-applications, http://ocfo.ed.gov/fedreg.htm parties. Representatives from the DOE, referencing solicitation DE–PS01– http://www.ed.gov/news.html the Environmental Protection Agency, 00NN20115, should be received by DOE and State governments will be ex-officio by 2:30 p.m., EST, June 23, 2000. A To use the PDF you must have the response encouraging or discouraging Adobe Acrobat Reader, which is members of the Board. Selection and appointment of Board members will be the submission of a formal application available free at either of the previous will be communicated by electronic sites. If you have questions about using accomplished using procedures designed to ensure diverse membership mail by June 30, 2000. The due date for the PDF, call the U.S. Government applications in response to the formal Printing Office (GPO), toll free, at 1– and a balance of viewpoints. Consensus recommendations to the DOE from the solicitation will be 2:30 p.m., EST, July 888–293–6498; or in the Washington, 28, 2000. DC area at (202) 512–1530. Board on the resolution of numerous and difficult issues will help achieve ADDRESSES: Both pre-applications and Note: The official version of this document is the document published in the Federal DOE’s objective of an integrated applications should be submitted Register. Free Internet access to the official environmental management program. electronically through the Department’s edition of the Federal Register and the Code The Secretary of Energy has Industry Interactive Procurement of Federal Regulations is available on GPO determined that renewal of the System (IIPS) located at http://doe- Access at: Environmental Management Site- iips.pr.doe.gov. Further information and VerDate 11 VerDate 11 DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission [Docket No. RP00±239±001] [Docket No. RP00±222±001] [Docket No. ER00±2320±000] Pine Needle LNG Company, LLC; Northern Natural Gas Company; Notice Pacific Gas and Electric Company; Notice of Compliance Filing of Compliance Filing Notice of Filing May 17, 2000. May 17, 2000. May 17, 2000. Take notice that on May 11, 2000 Pine Needle LNG Company, LLC (Pine Take notice that on April 27,2000, Take notice that on May 11, 2000, Needle) tendered for filing information Northern Natural Gas Company Pacific Gas and Electric Company fully supporting the increase in its (Northern), tendered for filing in its (PG&E), tendered for filing the Small electric power cost rate. Pine Needle FERC Gas Tariff, Fifth Revised Volume Facilities Authorization Letter No. 4, asserts that the purpose of this filing is No. 1, the following tariff sheets submitted pursuant to the Procedures to comply with the Commission’s letter proposed to be effective Marcy 27, 2000: for Implementation (Procedures), of order dated April 26, 2000, in Docket Section 3.3 of the 1987 Agreement Substitute Fifth Revised Sheet No. 286 No. RP00–239–000. between PG&E and the City and County Substitute Fourth Revised Sheet No. 288 Any person desiring to protest this of San Francisco (City). This is PG&E’s filling should file a protest with Federal Northern states that the purpose of third quarterly filing submitted Energy Regulatory Commission, 888 this filing is to comply with the pursuant to Section 4 of the Procedures, First Street NE, Washington, DC 20426, Commission’s Order of April 26, 2000 in which provides for the quarterly filing in accordance with section 385.211 of Docket No. RP00–222–000. Northern is of Facilities Authorization Letters. the Commission’s Rules and filing revised tariff sheets to clarify that The Facilities Authorization Letter Regulations. all such protests must be there are no maximum rates for short- streamlines the procedures for filing filed as provided in section 154.210 of term capacity releases, that all releases numerous Facilities, and facilitates the Commission’s Regulations. Protests for more than one month must be payment of PG&E’s costs of designing, will be considered by the Commission posted, and to include the sunset date constructing, procuring, testing, placing in determining the appropriate action to of September 30, 2002, for the price cap in operation, owning, operating and be taken, but will not serve to make waiver. maintaining the customer-specific protestants parties to the proceedings. Copies of this filing are on file with the Northern further states that copies of Facilities required for firm transmission and distribution service requested by Commission and are available for public the filing have been mailed to each of inspection in the Public Reference its customers and interested State City under this Facilities Authorization Letter. Room. This filing may be viewed on the Commissions. web at http://ww.ferc.fed.us/online/ Any person desiring to protest this PG&E has requested certain waivers. rims.htm (call 202–208–2222 for filing should file a protest with the Copies of this filing have been served assistance). upon City and the CPUC. Federal Energy Regulatory Commission, Linwood A. Watson, Jr., 888 First Street NE, Washington, DC Any person desiring to be heard or to Acting Secretary. 20426, in accordance with section protest such filing should file a motion [FR Doc. 00–12864 Filed 5–22–00; 8:45 am] 385.211 of the Commission’s Rules and to intervene or protest with the Federal BILLING CODE 6717±01±M Regulations. All such protests must be Energy Regulatory Commission, 888 filed as provided in section 154.210 of First Street NE, Washington, DC 20426, the Commission’s Regulations. Protests in accordance with Rules 211 and 214 DEPARTMENT OF ENERGY will be considered by the Commission of the Commission’s Rules of Practice in determining the appropriate action to and Procedure (18 CFR 385.211 and Federal Energy Regulatory be taken, but will not serve to make 385.214). All such motions and protests Commission protestants parties to the proceedings. should be filed on or before May 30, [Docket No. RP00±224±001] Copies of this filing are on file with the 2000. Protests will be considered by the Commission and are available for public Commission to determine the Transwestern Pipeline Company; inspection in the Public Reference appropriate action to be taken, but will Notice of Compliance Filing Room. This filing may be viewed on the not serve to make protestants parties to May 17, 2000. web at http://www.ferc.fed.us/online/ the proceedings. Any person wishing to become a party must file a motion to Take notice that on May 11, 2000, rims.htm (call 202–208–2222 for Transwestern Pipeline Company assistance). intervene. Copies of this filing are on file with the Commission and are (Transwestern), tendered for filing as Linwood A. Watson, Jr., available for public inspection. This part of its FERC Gas Tariff, Second Revised Volume No. 1, the following Acting Secretary. filing may also be viewed on the Internet at http://www.ferc.fed.us/ tariff sheets, proposed to be effective [FR Doc. 00–12863 Filed 5–22–00; 8:45 am] March 27, 2000: BILLING CODE 6717±01±M online/rims.htm (call 202–208–2222 for assistance). Substitute Sixth Revised Sheet No. 95E Substitute Third Revised Sheet No. 95I Linwood A. Watson, Jr., Substitute Fifth Revised Sheet No. 95K Acting Secretary. Transwestern states that this filing is [FR Doc. 00–12857 Filed 5–22–00; 8:45 am] made to: (1) Comply with the BILLING CODE 6717±01±M Commission’s April 26, 2000 order VerDate 11 VerDate 11 VerDate 11 ACTION: Notice of submission to OMB. Abstract: Section 5 of the Toxic existing ways to comply with any Substances Control Act (TSCA) requires previously applicable instructions and SUMMARY: In compliance with the manufacturers and importers of new requirements; train personnel to be able Paperwork Reduction Act (44 U.S.C. chemical substances to submit to EPA to respond to a collection of 3501 et seq.), this document announces notice of intent to manufacture or information; search data sources; that the Information Collection Request import a new chemical substance 90 complete and review the collection of (ICR) entitled: ‘‘Pre-Manufacture Review days before manufacture or import information; and transmit or otherwise Reporting and Exemption Requirements begins. EPA reviews the information disclose the information. No person is for New Chemical Substances and contained in the notice to evaluate the required to respond to a collection of Significant New Use Reporting health and environmental effects of the information unless it displays a Requirements for Chemical Substances’’ new chemical substance. On the basis of currently valid OMB control number. (EPA ICR No. 0574.11; OMB Control No. the review, EPA may take further The OMB control numbers for these 2070–0012) has been forwarded to the regulatory action under TSCA, if regulations are displayed in 40 CFR part Office of Management and Budget warranted. If EPA takes no action within 9. (OMB) for review and approval 90 days, the submitter is free to Respondents/Affected Entities: pursuant to the OMB procedures in 5 manufacture or import the new Entities potentially affected by this CFR 1320.12. The ICR, which is chemical substance without restriction. action are companies that manufacture abstracted below, describes the nature of TSCA section 5 also authorizes EPA or import new chemical substances, as the information collection and its to issue Significant New Use Rules defined by TSCA, or manufacture, estimated cost and burden. The Agency (SNURs). EPA uses this authority to take process or import a chemical substance is requesting that OMB renew for 3 follow-up action on new or existing for a use that has been determined to be years the existing approval for this ICR, chemicals that may present an a significant new use, as defined by which is scheduled to expire on May 31, unreasonable risk to human health or TSCA. 2000. A Federal Register notice the environment if used in a manner Estimated Number of Respondents: announcing the Agency’s intent to seek that may result in different and/or 443. the renewal of this ICR and the 60-day higher exposures of a chemical to Estimated Total Annual Burden on public comment opportunity, requesting humans or the environment. Once a use Respondents: 184,608 hours. comments on the request and the is determined to be a significant new Frequency of Collection: On occasion. contents of the ICR, was issued on use, persons must submit a notice to September 13, 1999 (64 FR 49484). EPA EPA 90 days before beginning Dated: May 16, 2000. received no comments on this ICR manufacture, processing or importation Oscar Morales, during the comment period. of a chemical substance for that use. Director, Collection Strategies Division. DATES: Additional comments may be Such a notice allows EPA to receive and [FR Doc. 00–12956 Filed 5–22–00; 8:45 am] submitted on or before June 22, 2000. review information on such a use and, BILLING CODE 6560±50±P FOR FURTHER INFORMATION CONTACT: if necessary, regulate the use before it Sandy Farmer at EPA by phone on (202) occurs. Finally, TSCA section 5 also permits ENVIRONMENTAL PROTECTION 260–2740, by e-mail: applications for exemption from section AGENCY ‘‘[email protected],’’ or 5 review under certain circumstances. download off the Internet at http:// [FRL±6704±5] An applicant must provide information www.epa.gov/icr/icr.htm and refer to sufficient for EPA to make a EPA ICR No. 0574.11. Agency Information Collection determination that the circumstances in Activities: Submission for OMB ADDRESSES: Send comments, referencing question qualify for an exemption. In Review; Comment Request; Standards EPA ICR No. 0574.11 and OMB Control granting an exemption, EPA may of Performance for New Stationary No. 2070–0012, to the following impose appropriate restrictions. Sources (NSPS) Wool Fiberglass addresses: Responses to the collection of Insulation Manufacturing and National (1) Ms. Sandy Farmer, U.S. information are mandatory (see 40 CFR Emission Standards for Hazardous Air Environmental Protection Agency, parts 700, 720, 721, 723 and 725). Pollutants (NESHAP)ÐMaximum Collection Strategies Division (Mail Respondents may claim all or part of a Achievable Control Technology Code: 2822), 1200 Pennsylvania document confidential. EPA will (MACT) for Source Categories Wool Avenue, N.W., Washington, DC disclose information that is covered by Fiberglass Manufacturing Plants 20460; and a claim of confidentiality only to the (2) Office of Information and Regulatory extent permitted by, and in accordance AGENCY: Environmental Protection Affairs, Office of Management and with, the procedures in TSCA section 14 Agency (EPA). Budget (OMB), Attention: Desk and 40 CFR part 2. ACTION: Notice. Officer for EPA, 725 17th Street, N.W., Burden Statement: The annual public Washington, DC 20503. reporting burden for this collection of SUMMARY: In compliance with the SUPPLEMENTARY INFORMATION: information is estimated to average Paperwork Reduction Act (44 U.S.C. Review Requested: This is a request to 105.5 hours per response for an 3501 et seq.), this document announces renew a currently approved information estimated 443 respondents making one that the following Information collection pursuant to 5 CFR 1320.12. or more submissions of information Collection Request (ICR) has been ICR Numbers: EPA ICR No. 0574.11; annually. These estimates include the forwarded to the Office of Management OMB Control No. 2070–00012. time needed to review instructions; and Budget (OMB) for review and Title: Pre-Manufacture Review develop, acquire, install and utilize approval: Combined ICR for NSPS, Reporting and Exemption Requirements technology and systems for the purposes Standards of Performance for New for New Chemical Substances and of collecting, validating and verifying Stationary Sources, Wool Fiberglass Significant New Use Reporting information, processing and Insulation Manufacturing, 40 CFR part Requirements for New Chemical maintaining information, and disclosing 60, subpart PPP, expiration date 8/31/ Substances. and providing information; adjust the 00; and NESHAP–MACT for Wool VerDate 11 Manufacturing, 40 CFR part 63, subpart Subpart NNN in Federal Register. No Dated: May 20, 2000. NNN, expiration date 8/31/00. For comments were received. Oscar Morales, identification purposes, this combined Burden Statement: The annual public Director, Collection Strategies Division. ICR will continue to use OMB Control reporting and recordkeeping burden for [FR Doc. 00–12957 Filed 5–22–00; 8:45 am] Number 2060–0114 and EPA ICR No. the collection of information for these BILLING CODE 6560±50±P 1160.06, which formerly was applicable two standards on existing wool to NSPS, subpart PPP. OMB Control fiberglass manufacturing facilities is Number 2060–0359 and EPA ICR estimated to average 149 hours per ENVIRONMENTAL PROTECTION Number 1795.01 had been used for response. Burden means the total time, AGENCY NESHAP–MACT Subpart NNN and will effort, or financial resources expended no longer be valid. This ICR describes [FRL±6703±9] by persons to generate, maintain, retain, the nature of the information collection or disclose or provide information to or Science Advisory Board; Notification and its expected burden and cost; where for a Federal agency. This includes the of Public Advisory Committee Meeting; appropriate, it includes the actual data Meeting Date Correction collection instrument. time needed to review instructions; develop, acquire, install, and utilize Incorrect meeting dates were DATES: Comments must be submitted on technology and systems for the purposes or before June 22, 2000. announced for one of the two Science of collecting, validating, and verifying Advisory Board Executive Committee FOR FURTHER INFORMATION CONTACT: For information, processing and (EC) meetings at 65 FR 30589–30591, a copy of the ICR contact Sandy Farmer maintaining information, and disclosing dated May 12, 2000. The meeting was at EPA by phone at (202) 260–2740, by and providing information; adjust the originally announced for Monday, June E-Mail at Farmer.Sandy existing ways to comply with any 12, 2000. The meeting should have been @epamail.epa.gov or download off the previously applicable instructions and announced for Friday, June 16, 2000. Internet at http://www.epa.gov/icr and requirements; train personnel to be able There are no changes to the other EC refer to EPA ICR No. 1160.06. For to respond to a collection of meeting (scheduled for May 30, 2000) or technical questions about the ICR information; search data sources; the Drinking Water Committee meeting contact Gregory Fried at EPA by phone complete and review the collection of (scheduled for June 5–7, 2000) at (202) 564–7016 or by email at information; and transmit or otherwise announced in that FR. [email protected]. disclose the information. The correct meeting announcement SUPPLEMENTARY INFORMATION: Respondents/Affected Entities: Wool information is below. Title: NSPS Subpart PPP, Standards of Fiberglass Insulation Manufacturing The Executive Committee (EC) of US Performance for New Stationary Plants for NSPS, Subpart PPP and/or EPA’s Science Advisory Board will Sources—Wool Fiberglass Insulation Wool Fiberglass Manufacturing Plants conduct a public teleconference meeting Manufacturing and NESHAP–MACT for NESHAP–MACT Subpart NNN on Friday, June 16, 2000. Additional instructions about how to participate in Subpart NNN, National Emission Estimated Number of Respondents: Standards for Hazardous Air the conference call can be obtained by 29. Pollutants—Wool Fiberglass calling Ms. Priscilla Tillery-Gadson no Manufacturing, OMB Control Number Frequency of Response: Initial and earlier than one week prior to the 2060–0114, EPA ICR No. 1160.06. This semiannual. meeting (beginning June 9) at (202) 564– is a request for extension of two Estimated Total Annual Hour Burden: 4533, or via e-mail at currently approved collections which 19,098 [email protected]. Availability of Review Materials— will be combined into one collection. Estimated Total Annualized Capital Abstract: Plants subject to NSPS Drafts of the reports that will be and Operating & Maintenance Cost reviewed at the meeting should be Subpart PPP and/or NESHAP–MACT Burden: $496,000. Subpart NNN must provide notifications available to the public at the SAB to EPA of construction, modification, Send comments on the Agency’s need website (http://www.epa.gov/sab) by startups, shut downs, date and results of for this information, the accuracy of the close-of-business on June 1, 2000. initial performance tests and provide provided burden estimates, and any Dated: May 16, 2000. suggested methods for minimizing semiannual reports of excess emissions. Donald G. Barnes, respondent burden, including through Owners/operators of wool fiberglass Staff Director, Science Advisory Board. the use of automated collection manufacturing facilities subject to NSPS [FR Doc. 00–12793 Filed 5–22–00; 8:45 am] Subpart PPP and/or NESHAP–MACT, techniques to the following addresses. BILLING CODE 6560±50±P Subpart NNN must also record Please refer to EPA ICR No. 1160.06 and continuous measurements of control OMB Control No. 2060–0114 in any correspondence. device operating parameters. ENVIRONMENTAL PROTECTION An agency may not conduct or Ms. Sandy Farmer, U.S. Environmental AGENCY sponsor, and a person is not required to Protection Agency, Office of [PF±941; FRL±6557±1] respond to, a collection of information Environmental Information, unless it displays a currently valid OMB Collection Strategies Division (2822), Notice of Filing Pesticide Petitions to control number. The OMB control 1200 Pennsylvania Ave., NW, Establish Tolerances for Certain numbers for EPA’s regulations are listed Washington, DC 20460; Pesticide Chemicals in or on Food in 40 CFR part 9 and 48 CFR Chapter and 15. The Federal Register document AGENCY: Environmental Protection required under 5 CFR 1320.8(d), Office of Information and Regulatory Agency (EPA). soliciting comments on this collection Affairs, Office of Management and ACTION: Notice. of information was published October Budget, Attention: Desk Officer for EPA, 29, 1999 for NSPS Subpart PPP and 725 17th Street, NW, Washington, DC SUMMARY: This notice announces the January 21, 2000 for NESHAP–MACT 20503. initial filing of a pesticide petition VerDate 11 VerDate 11 6. Make sure to submit your biochemical pesticide Geraniol [3,7- typhimurium TA 97 and TA 102 comments by the deadline in this dimethyl-[E]-2,7-octadien-1-ol] in or on exhibited no mutagenicity. Geraniol was notice. all raw agricultural commodities granted generally recognized as safe 7. To ensure proper receipt by EPA, (RACs). (GRAS) status by FEMA in 1965, and is be sure to identify the docket control Pursuant to section 408(d)(2)(A)(i) of approved as GRAS by the Food and number assigned to this action in the the FFDCA, as amended, Natural Plant Drug Administration (FDA) when used subject line on the first page of your Products S.A. has submitted the as a synthetic flavoring and adjuvant for response. You may also provide the following summaries of information, direct addition to food for human name, date, and Federal Register data, and arguments in support of their consumption. citation. pesticide petitions. The summaries were Waivers are being requested for prepared by Natural Plant Products S.A. genotoxicity, reproductive and II. What Action is the Agency Taking? and EPA has not fully evaluated the developmental toxicity, sub-chronic EPA has received pesticide petitions merits of the pesticide petitions. The toxicity and acute toxicity to non-target as follows proposing the establishment summaries may have been edited by species based on Geraniol’s ubiquity in and/or amendment of regulations for EPA, if the terminology used was nature, long history of use in the residues of certain pesticide chemicals unclear, the summaries contained fragrance industry and as a flavoring in in or on various food commodities extraneous material, or the summaries alcoholic and non-alcoholic beverages, under section 408 of the Federal Food, unintentionally made the reader ice cream, candies and baked good etc., Drug, and Comestic Act (FFDCA), 21 conclude that the findings reflected favorable toxicological profile in U.S.C. 346a. EPA has determined that EPA’s position and not the position of chronic toxicological studies, and the this petition contains data or the petitioner. inconsequential exposure resulting from information regarding the elements set the label-directed use rates. A. Product Name and Proposed Use forth in section 408(d)(2); however, EPA Practices D. Aggregate Exposure has not fully evaluated the sufficiency of the submitted data at this time or Geraniol will be incorporated into the 1. Dietary exposure—i. Food. Current whether the data support granting of the end-use product Biomite as an active dietary exposure to Geraniol occurs petitions. Additional data may be ingredient. Biomite is proposed for use from its use as a flavoring agent and needed before EPA rules on the as a foliar spray for the control of adjuvant in food and beverages (0.8 petitions. Tetranychid mites on a variety of ppm—11 ppm). Considering the low agricultural and greenhouse crops. The dose of Geraniol required to achieve the List of Subjects product is used at the first appearance desired effect and the levels of Geraniol Environmental protection, of spider mite activity on a particular found in processed food and beverages, Agricultural commodities, Feed crop, subsequent applications are made it can be concluded that incremental additives, Food additives, Pesticides as required but not sooner than every 7 dietary exposure from the proposed use and pests, Reporting and recordkeeping days. The application rates of 76 oz in on agricultural and greenhouse crops is requirements. 200 gallons to 20 oz in 50 gallons/per insignificant. ii. Drinking water. Geraniol residues Dated: May 4, 2000. acre equate to 0.085—0.315 oz of Geraniol per acre. in drinking water are expected to be Kathleen D. Knox, minimal from the proposed uses due to Acting Director, Biopesticides and Pollution B. Product Identity/Chemistry the low application rate, insolubility in Prevention Division, Office of Pesticide Geraniol is a Monoterpene alcohol water, and the expected rapid Programs. which is found in over 250 essential biodegradation in the soil. Summaries of Petitions oils, and as a semiochemical in more 2. Non-dietary exposure. Geraniol is The petitioner summaries of the than 14 species of insects encompassing used to the approximate annual amount pesticide petitions are printed below as 7 families from 5 orders. It is a colorless of 800,000 lbs as a fragrance component required by section 408(d)(3) of the to pale yellow oily liquid with a sweet, in the manufacture of detergents, soaps, FFDCA. The summaries of the petitions rose odor. Geraniol is listed at 40 CFR creams, lotions, perfumes, and were prepared by the petitioner and 152.25(g) as a minimum risk pesticide aromatherapy products. Geraniol is also represents the view of the petitioner. active ingredient. a component of the floral blend used as a lure in Japanese beetle traps. In the The petition summaries announce the C. Mammalian Toxicological Profile seven currently registered Japanese availability of a description of the The toxicological profile of Geraniol analytical methods available to EPA for beetle traps, the Geraniol is present at a is, acute oral two studies LD50 3.6 loading of 2.84—10.70%. The the detection and measurement of the grams/kilograms (g/kg) and 4.8 g/kg in pesticide chemical residues or an contribution to non-dietary exposure of rats: acute dermal LD50 greater than 5.0 explanation of why no such method is Geraniol through the use of Biomite is g/kg. Chronic oral toxicity, 1,000 parts not expected to pose any risk. needed. per million (ppm) fed to rats daily for E. Cumulative Exposure 1. Natural Plant Products S.A. 16 weeks produced no effects; 1,000 ppm fed to rats daily for 28 weeks It is not expected that Geraniol when 0F6073 produced no effects. Geraniol exhibited used as proposed would result in EPA has received a pesticide petition severe primary skin irritation in rabbits residues that would remain in human 0F6073 from Natural Plant Products 100 milligrams (mg)/24 hr.; humans 16 food items at levels which would be of S.A., Route d’Artix, B.P. 80, 64150 mg/48 hr.; Guinea pigs 100 mg/24 hr. toxicological concern. Because of the Nogueres, France, proposing pursuant to but was non-irritating to miniature pigs low inherent toxicity, low agricultural section 408(d) of the Federal Food, at 50 mg in the Draize test. Geraniol is use rates (compared with flavor and Drug, and Cosmetic Act (FFDCA), 21 a sensitizer although it exhibits fragrance amounts) no cumulative U.S.C. 346a(d), to amend 40 CFR part relatively weak and variable responses. effects with other substances that might 180 to establish an exemption from the Geraniol when tested at doses up to 100 have a common mechanism of toxicity requirement of a tolerance for micrograms against Salmonella are anticipated. VerDate 11 F. Safety Determination product is used at the first appearance water, and the expected rapid 1. U.S. population. The use of of spider mite activity on a particular biodegradation in the soil. products containing Geraniol, which is crop, subsequent applications are made 2. Non-dietary exposure. Citronellol is of low toxicity and used in low as required but not sooner than every 7 widely used as a fragrance component concentrations is compatible with the days. The application rates of 76 oz in in the manufacture of detergents, soaps, Agency’s objectives to register reduced 200 gallons to 20 oz in 50 gallons/per creams, lotions, perfumes, and acre equate to 0.085—0.315 oz of risk pesticides. The application of a aromatherapy products. Citronellol is Citronellol per acre. volatile Terpenoid alcohol at the label- also a component of Citronella oil used directed rates is expected to result in B. Product Identity/Chemistry in candles, sprays, oils, lotions, and negligible residues that are of no Citronellol is a Monoterpene alcohol towelettes as a repellent for mosquitoes toxicological concern, and therefore which is found in over 30 essential oils, and other flying insects. Currently there exposure and risk to the general U.S. and as a semiochemical in the spider are 31 active pesticide registrations population from these proposed mite Tetranychus urticae, the Formicine containing Citronella oil. Citronellol is agricultural uses is not anticipated. ant Lasius alienus and the bumble bee also contained in lemongrass oil, an 2. Infants and children. Geraniol is Pyrobombus pratorum. Citronellol also active ingredient in two currently ubiquitous in foodstuffs beverages, in occurs in black currants, certain other registered repellents. The contribution soaps, detergents, and creams and hence fruits, wines, beer and black tea. It is a to non-dietary exposure of Citronellol the proposed agricultural uses pose no colorless to pale yellow oily liquid with through the use of Biomite is not threat to infants and children. In fact, as a sweet, rose, leather, musty, floral odor. expected to pose any risk. the Geraniol-containing biopesticide It is insoluble in water. product replaces existing miticides with E. Cumulative Exposure less favorable toxicological profiles risk C. Mammalian Toxicological Profile to infants and children will be reduced. It is not expected that Citronellol The toxicological profile of Citronellol when used as proposed would result in G. Effects on the Immune and Endocrine is, acute oral LD50 3.45 g/kg in rats: residues that would remain in human acute dermal LD 2.65 g/kg (rabbit). Systems 50 food items at levels which would be of Citronellol exhibited severe primary toxicological concern. Because of the Oral chronic toxicity studies and skin irritation in rabbits and Guinea pigs low inherent toxicity, low agricultural mutagenicity studies have been cited (100 mg/24 hr) and moderate to humans use rates no cumulative effects with above. There is no literature available to (16 mg/48 hr). Citronellol when tested at other substances that might have a suggest that immune or endocrine doses up to 100 micrograms against common mechanism of toxicity are systems will be compromised by the use Salmonella typhimurium TA 97 and TA anticipated. of Geraniol as an active ingredient in a 102 exhibited no mutagenicity. biochemical pest control agent used at Citronellol has GRAS status at 21 CFR F. Safety Determination the label-directed rates. 172.515 when used as a synthetic H. Existing Tolerances flavoring and adjuvant for direct 1. U.S. population. The use of addition to foods for humans. Waivers products containing Citronellol, which There are no known existing are being requested for genotoxicity, is of low toxicity and used in low tolerances for the use of Geraniol as a reproductive and developmental concentrations is compatible with the pesticide. toxicity, sub-chronic toxicity and acute Agency’s objectives to register reduced I. International Tolerances toxicity to non-target species based on risk pesticides. The application of a Citronellol’s ubiquity in nature, long volatile Terpenoid alcohol at the label- The Council of Europe listed Geraniol history of use in cosmetics, fragrance, directed rates is expected to result in in 1970 giving it an allowable daily detergent, and household cleaners, its negligible residues that are of no intake (ADI) of 5 milligrams/kilograms natural occurrence in fruit and toxicological concern, and therefore, bodyweight/day. beverages, its wide use as a synthetic exposure and risk to the general U.S. 2. Natural Plant Products S.A. flavoring agent and adjuvant, and the population from these proposed inconsequential exposure resulting from agricultural uses, is not anticipated. 0F6145 the label-directed use rates. 2. Infants and children. Citronellol is EPA has received a pesticide petition D. Aggregate Exposure ubiquitous in foodstuffs and beverages, 0F6145 from Natural Plant Products and in soaps, detergents and creams and 1. Dietary exposure—i. Food. Current S.A., Route d’Artix, B.P. 80, 64150 hence the proposed agricultural uses Nogueres, France, proposing pursuant to dietary exposure to Citronellol occurs pose no threat to infants and children. section 408(d) of the FFDCA, 21 U.S.C. from its natural occurrence in fruits and In fact, as the Citronellol-containing 346a(d), to amend 40 CFR part 180 to beverages, and its use as a flavoring biopesticide product replaces existing establish an exemption from the agent and adjuvant in food and miticides with less favorable requirement of a tolerance for beverages. Considering the low dose of toxicological profiles risk to infants and biochemical pesticide Citronellol [3,7- Citronellol required to achieve the children will be reduced. dimethyl-6-octen-1-ol] in or on all raw desired effect and the levels of agricultural commodities. Citronellol found in natural and G. Effects on the Immune and Endocrine processed food and beverages, it can be A. Product Name and Proposed Use Systems concluded that incremental dietary Practices exposure from the proposed use on Mutagenicity studies have been cited Citronellol will be incorporated into agricultural and greenhouse crops is above. There is no literature available to the end-use product Biomite as an insignificant. suggest that immune or endocrine active ingredient. Biomite is proposed ii. Drinking water. Citronellol residues systems will be compromised by the use for use as a foliar spray for the control in drinking water are expected to be of Citronellol as an active ingredient in of Tetranychid mites on a variety of minimal from the proposed uses due to a biochemical pest control agent used at agricultural and greenhouse crops. The the low application rate, insolubility in the label-directed rates. VerDate 11 H. Existing Tolerances Recommended Water Quality— (410) 305–2618; fax (410) 305–3093; or There are no known existing Correction EPA 822–Z–99–001, April e-mail [email protected]. tolerances for the use of Citronellol as 1999). Therefore, we invite the public to SUPPLEMENTARY INFORMATION: a pesticide. provide scientific views on this guidance. We will review and consider Introduction I. International Tolerances information submitted by the public on On March 24, 1998, the President’s The Council of Europe listed significant scientific issues that might Clean Water Action Plan was presented Citronellol in 1970 giving it an not have otherwise been identified by in the Federal Register. The Clean allowable daily intake (ADI) of 5 the Agency during development of this Water Action Plan specifically stated milligrams/kilograms bodyweight/day. guidance. This guidance has been that EPA will establish recommended through external peer review, and a water quality criteria for nutrients that [FR Doc. 00–12961 Filed 5–22–00; 8:45 am] summary of these comments is available reflect the different types of water BILLING CODE 6560±50±F on the Nutrient website (http://www. bodies and different ecoregions of the EPA.gov/OST/standards/nutrient.html) country and that will assist States and After review of the submitted significant Tribes in adopting numeric water ENVIRONMENTAL PROTECTION scientific information, we will publish a quality standards for nutrients. AGENCY. revised document, or publish a notice Consistent with the objectives of the [FRC±670S±1] indicating its decision not to revise the Clean Water Action Plan, the U.S. document. Environmental Protection Agency Nutrient Criteria Development; Notice This document has been prepared for presented a National Strategy for the of Nutrient Criteria Technical Guidance publication by the Office of Science and Development of Regional Nutrient Manual: Lakes and Reservoirs, First Technology, Office of Water, U.S. Criteria on June 25, 1998, that described Edition Environmental Protection Agency. the approach the Agency would follow Mention of trade names or commercial in developing nutrient information and AGENCY: Environmental Protection products does not constitute working with States and Tribes to adopt Agency (EPA). endorsement or recommendation for nutrient criteria as part of State/Tribal ACTION: Notice of nutrient criteria use. water quality standards. The major technical guidance manual: Lakes and DATES: All significant scientific focus of the strategy is the development reservoirs, first edition. information must be submitted to the of waterbody-type technical guidance and recommended ecoregion-specific SUMMARY: Agency by July 24, 2000. Any scientific The Environmental Protection nutrient criteria by the year 2000. Once Agency (EPA) announces the information submitted should be adequately documented and contain EPA develops waterbody-type guidance availability of a nutrient criteria and recommended nutrient criteria, EPA technical guidance manual for lakes and enough supporting information to indicate that acceptable and intends to assist States and Tribes in reservoirs. This document provides adopting numeric nutrient criteria into State and Tribal water quality managers scientifically defensible procedures were used and that the results are likely water quality standards by the end of and others with guidance on how to 2003. develop numeric nutrient criteria for reliable. lakes and reservoirs. This document ADDRESSES: This notice contains a Overview of the Problem does not contain site-specific numeric summary of the Nutrient Criteria Cultural eutrophication (i.e.,that nutrient criteria for any lake or Technical Guidance Manual: Lakes and associated with humans) of United reservoir. This guidance was principally Reservoirs, First Edition. Copies of the States surface waters is a long-standing developed to assist States and Tribes in complete document may be obtained problem; approximately half of the their efforts to establish nutrient criteria. from EPA’s Water Resource Center by reported impairments in National States and Tribes are clearly in the best phone at 202–260–7786, or by e-mail to: waters are attributable to excess position to consider site-specific [email protected], or by nutrients. Nitrogen and phosphorus are conditions in developing nutrient conventional mail to EPA Water the primary cause of eutrophication, criteria. While this guidance contains Resource Center, RC–4100, Ariel Rios and algal blooms are often a response to EPA’s scientific recommendations Building, 1200 Pennsylvania Ave., NW, enrichment. Within lakes and regarding defensible approaches for Washington, DC 20460. The document reservoirs, chronic symptoms of developing regional nutrient criteria, is also available electronically at http:/ overenrichment include low dissolved this guidance is not regulation; thus it /www.epa.gov/OST/standards/ oxygen, fish kills, increased sediment does not impose legally binding nutrient.html. accumulation, and species and An original and two copies of written requirements on EPA, States, abundance shifts of flora and fauna. The significant scientific information should Territories, Tribes, or the public, and problem is National in scope, but varies sent to Robert Cantilli (MC–4304), U.S. might not apply to a particular situation in nature from one region of the country EPA, Ariel Rios Building, 1200 based upon the circumstances. States, to another due to geographical Pennsylvania Ave., NW , Washington, Territories, and authorized Tribes retain variations in geology and soil types. For DC 20460. Written significant scientific the discretion to adopt, where these reasons, EPA has decided to information may be submitted appropriate, other scientifically develop its recommend nutrient criteria electronically in ASCII or Word Perfect defensible approaches to developing on an ecoregional basis for use by States 5.1, 5.2, 6.1, or 8.0 formats to OW- regional or local nutrient criteria that and Tribes. differ from these recommendations. [email protected]. We have decided to issue technical FOR FURTHER INFORMATION CONTACT: Dr. Summary of Nutrient Criteria guidance in a manner similar to that George Gibson, USEPA, Health and Technical Guidance Manual for Lakes which we are using to issue new and Ecological Criteria Division (4304), and Reservoirs revised criteria (see Federal Register, Office of Science and Technology, Ariel EPA initiated the National Strategy to December 10, 1998, 63 FR 68354 and in Rios Building, 1200 Pennsylvania Ave., Develop Regional Nutrient Criteria to the EPA document titled, National NW, Washington, DC 20460; or call address enrichment problems. The VerDate 11 Nutrient Criteria Technical Guidance (1) Historical data and other document was conducted by a panel of Manual: Lakes and Reservoirs, First information to establish perspective; five external reviewers. Edition is the first of a series of (2) Current reference site information; Dated: May 4, 2000. (3) Models used to simulate or waterbody-type specific manuals Geoffrey H. Grubbs, produced to assist EPA Regions, States, validate the empirical relationships Director, Office of Science and Technology. and Tribes in establishing ecoregionally established between causal (nutrients) appropriate nutrient criteria. EPA is also and response (biological indicators) [FR Doc. 00–12955 Filed 5–22–00; 8:45 am] developing manuals for rivers and variables; and BILLING CODE 6560±50±P streams, estuarine and coastal waters, (4) Evaluation of downstream and wetlands. EPA expects States and consequences before finalizing criteria Tribes to use these manuals as the basis values. EPA also expects the States or FEDERAL DEPOSIT INSURANCE for developing State water quality Tribes (or the RTAG when developing CORPORATION standards for nutrients, to help identify criteria guidance) to use their best Agency Information Collection water quality impairments, and to professional judgement when examining Activities: Submission for OMB evaluate the relative success in reducing the information and establishing Review; Comment Request cultural eutrophication. In addition to criteria. EPA expects the criteria development developing these waterbody-type AGENCY: Federal Deposit Insurance specific manuals, EPA is developing and implementation process Corporation (FDIC). (undertaken by EPA, the RTAGs and nutrient criteria guidance under section ACTION: Notice of information collection 304(a) for each of the 14 ecoregions it others) to proceed as follows: • to be submitted to OMB for review and has identified in the continental United Data acquisition and review, as well as additional data gathering and approval under the Paperwork States. EPA expects States and Tribes to Reduction Act of 1995. use the manuals, other information and processing methods. • Classification of the lakes and local expertise to refine EPA’s 304(a) SUMMARY: In accordance with reservoirs by physical characteristics. nutrient criteria guidance so that the requirements of the Paperwork • Reference site selection and data nutrient water quality criteria Reduction Act of 1995 (44 U.S.C. 3501 reduction to identify reference eventually adopted by States and Tribes et seq.), the FDIC hereby gives notice are tailored to more localized conditions. • Development of defensible nutrient that it plans to submit to the Office of conditions. In order to assist States and criteria, verified by an RTAG and Management and Budget (OMB) a Tribes in this undertaking, as well as to evaluated for potential downstream request for OMB review and approval of verify section 304 (a) nutrient criteria effects. the information collection system guidance, and to provide national • Adoption of nutrient criteria by described below. consistency wherever possible, EPA has States and Tribes into their water Type of Review: Renewal of a established Regional Technical quality. Standards, ideally taking into currently approved collection. Assistance Groups (RTAGs). RTAGs are account the reference condition data Title: Notices Required of Government a collection of EPA, State, Tribal and designated uses. Securities Dealers or Brokers (Insured representatives who are working • Implementation of EPA-approved State Nonmember Banks). together to take EPA’s forthcoming nutrient criteria by EPA, States, and OMB Number: 3064–0093. section 304(a) nutrient criteria guidance Tribes to identify areas of water quality Form Number: G–FIN, G–FINW, G– as a starting point to develop more impairment due to nutrients and to FIN–4, G–FIN–5 refined ecoregional nutrient criteria. respond appropriately. Annual Burden: (EPA is also using data and expertise These subjects are described in detail Estimated annual number of provided by the RTAGs in the in the Nutrient Criteria Technical respondents: 110. development of its section 304(a) Guidance Manual: Lakes and Reservoirs, Estimated time per response: 1 hour. nutrient criteria guidance for the 14 First Edition. Average annual burden hours: 110 ecoregions it has identified.) EPA The manual concludes with chapters hours. expects the RTAGs to use the processes describing data models and Expiration Date of OMB Clearance: set forth in the waterbody-type specific management options that actively July 31, 2000. manuals to develop recommended protect or restore lake and reservoir OMB Reviewer: Alexander T. Hunt, nutrient criteria on an ecoregional basis resources. Case histories illustrating (202) 395–7860, Office of Management or a more refined basis (such as nutrient criteria development and Budget, Office of Information and subecoregion, State or Tribe-level, more experiences are appended with the Regulatory Affairs, Washington, DC defined class of lakes/reservoirs). names of individual specialists to 20503. Today’s manual for lakes and reservoirs contact for more information. FDIC Contact: Tamara R. Manly, (202) also explains how States or Tribes can The Nutrient Criteria Technical 898–7453, Office of the Executive adopt nutrient water quality standards Guidance Document: Lakes and Secretary, Room F–4058, Federal based on the ecoregional criteria values Reservoirs, First Edition that is being Deposit Insurance Corporation, 550 17th recommended by the EPA and/or announced in this Notice was Street NW, Washington, DC 20429. RTAGs. developed after consideration of public Comments: Comments on this The key parameters addressed in comment and peer review. A draft collection of information are welcome Nutrient Criteria Technical Guidance Technical Guidance Manual: Lakes and and should be submitted on or before Manual: Lakes and Reservoirs, First Reservoirs was placed on the EPA June 22, 2000 to both the OMB reviewer Edition are total phosphorus, total Nutrient website (http://www.EPA.gov/ and the FDIC contact listed above. nitrogen, chlorophyll a, and Secchi OST/standards/nutrient.html) on ADDRESSES: Information about this depth. As set forth in the manual, the September 8, 1999, and EPA accepted submission, including copies of the elements that EPA expects States and correspondences and comments until proposed collection of information, may Tribes to consider in developing a November 16, 1999. In addition, a peer be obtained by calling or writing the nutrient criterion are: review of the proposed criteria FDIC contact listed above. VerDate 11 SUPPLEMENTARY INFORMATION: The ADDRESSES: Information about this Comments: Comments on this Government Securities Act of 1986 submission, including copies of the collection of information are welcome requires all financial institutions acting proposed collection of information, may and should be submitted on or before as government securities brokers and be obtained by calling or writing the June 22, 2000 to both the OMB reviewer dealers to notify their federal regulatory FDIC contact listed above. and the FDIC contact listed above. agencies of their broker-dealer activities, SUPPLEMENTARY INFORMATION: 12 U.S.C. ADDRESSES: Information about this unless exempted from the notice 1818(q) requires an insured depository submission, including copies of the requirement by Treasury department institution to provide the FDIC with a proposed collection of information, may regulation. certification when it partially or be obtained by calling or writing the Dated: May 18, 2000. completely assumes deposit liabilities FDIC contact listed above. Federal Deposit Insurance Corporation. from another insured depository SUPPLEMENTARY INFORMATION: The Robert E. Feldman, institution. information is collected from FDIC- Executive Secretary. Dated: May 18, 2000. supervised banks and from officers, directors and shareholders subject to the [FR Doc. 00–12940 Filed 5–22–00; 8:45 am] Federal Deposit Insurance Corporation. securities registration requirements of Robert E. Feldman, BILLING CODE 6714±01±P the Securities Exchange Act of 1934, as Executive Secretary. amended. The information is considered [FR Doc. 00–12941 Filed 5–22–00; 8:45 am] necessary for actual and potential FEDERAL DEPOSIT INSURANCE BILLING CODE 6714±01±P CORPORATION investors making investment decisions concerning securities issued by reporting banks. Agency Information Collection FEDERAL DEPOSIT INSURANCE Activities: Submission for OMB CORPORATION Dated: May 18, 2000. Review; Comment Request Federal Deposit Insurance Corporation. Agency Information Collection AGENCY: Federal Deposit Insurance Robert E. Feldman, Activities: Submission for OMB Corporation (FDIC). Executive Secretary. Review; Comment Request [FR Doc. 00–12942 Filed 5–22–00; 8:45 am] ACTION: Notice of information collection to be submitted to OMB for review and AGENCY: Federal Deposit Insurance BILLING CODE 6714±01±P approval under the Paperwork Corporation (FDIC). Reduction Act of 1995. ACTION: Notice of information collection to be submitted to OMB for review and FEDERAL RESERVE SYSTEM SUMMARY: In accordance with approval under the Paperwork Formations of, Acquisitions by, and requirements of the Paperwork Reduction Act of 1995. Reduction Act of 1995 (44 U.S.C. 3501 Mergers of Bank Holding Companies et seq., the FDIC hereby gives notice that SUMMARY: In accordance with The companies listed in this notice it plans to submit to the Office of requirements of the Paperwork have applied to the Board for approval, Management and Budget (OMB) a Reduction Act of 1995 (44 U.S.C. 3501 pursuant to the Bank Holding Company request for OMB review and approval of et seq.), the FDIC hereby gives notice Act of 1956 (12 U.S.C. 1841 et seq.) the information collection system that it plans to submit to the Office of (BHC Act), Regulation Y (12 CFR Part described below. Management and Budget (OMB) a 225), and all other applicable statutes Type of Review: Renewal of a request for OMB review and approval of and regulations to become a bank currently approved collection. the information collection system holding company and/or to acquire the Title: Notification of Changes in described below. assets or the ownership of, control of, or Insured Status. Type of Review: Renewal of a the power to vote shares of a bank or OMB Number: 3064–0124. currently approved collection. bank holding company and all of the Annual Burden: Title: Securities of Insured banks and nonbanking companies Estimated annual number of Nonmember Banks. owned by the bank holding company, respondents: 943. OMB Number: 3064–0030. including the companies listed below. Estimated time per response; 1⁄4 hour. Form Number: F–7, F–8, F–8A. The applications listed below, as well Average annual burden hours: 236 Annual Burden: as other related filings required by the hours. Estimated annual number of Board, are available for immediate Expiration Date of OMB Clearance: respondents: 2,952. inspection at the Federal Reserve Bank June 30, 2000. Estimated time per response: 0.635 indicated. The application also will be OMB Reviewer: Alexander T. Hunt, hours. available for inspection at the offices of (202) 395–7860, Office of Management Average annual burden hours: 1,875 the Board of Governors. Interested and Budget, Office of Information and hours. persons may express their views in Regulatory Affairs, Washington, DC Expiration Date of OMB Clearance: writing on the standards enumerated in 20503. July 31, 2000. the BHC Act (12 U.S.C. 1842(c)). If the FDIC Contact: Tamara R. Manly, (202) OMB Reviewer: Alexander T. Hunt, proposal also involves the acquisition of 898–7453, Office of the Executive (202) 395–7860, Office of Management a nonbanking company, the review also Secretary, Room F–4058, Federal and Budget, Office of Information and includes whether the acquisition of the Deposit Insurance Corporation, 550 17th Regulatory Affairs, Washington, DC nonbanking company complies with the Street NW, Washington, DC 20429. 20503. standards in section 4 of the BHC Act Comments: Comments on this FDIC Contact: Tamara R. Manly, (202) (12 U.S.C. 1843). Unless otherwise collection of information are welcome 898–7453, Office of the Executive noted, nonbanking activities will be and should be submitted on or before Secretary, Room F–4058, Federal conducted throughout the United States. June 22, 2000 to both the OMB reviewer Deposit Insurance Corporation, 550 17th Additional information on all bank and the FDIC contact listed above. Street NW, Washington, DC 20429. holding companies may be obtained VerDate 11 VerDate 11 VerDate 11 Dates/Times Location DEPARTMENT OF HEALTH AND NCSL is the only bipartisan HUMAN SERVICES organization that represents legislatures June 6, 2000, 8 a.m.± Same Location as and their staff of the 50 States. NCSL is 5:30 p.m. Above. Centers for Disease Control and a unique source for policy research, Prevention publications, consulting services, and SUPPLEMENTARY INFORMATION: The [Program Announcement 00078] meetings. NCSL tailors these services to President established the National State legislators, committees, and their Bioethics Advisory Commission (NBAC) National Conference of State staff. It is the only national conduit for on October 3, 1999 by Executive Order Legislatures; Notice of Availability of State legislators to communicate with each other to share ideas. NCSL 12975 as amended. The mission of the Funds provides a unique network for sharing NBAC is to advise and make A. Purpose experiences and information with recommendations to the National The Centers for Disease Control and legislators and staffs throughout the Science and Technology Council, its Prevention (CDC) announces the nation. Chair, the President, and other entities availability of fiscal year (FY) 2000 The NCSL is the source for on bioethical issues arising from the funds for a grant program for the information on hundreds of policy research on human biology and National Conference of State issues. It connects legislators with behavior, and from the applications of Legislatures to develop educational policy innovators and national experts. that research. initiatives and provide an information It also uses a variety of technologies and forum for State policymakers on all Public Participation resources to assist legislators and their areas of public health. staff that include: The meeting is open to the public CDC is committed to achieving the 1. Research and analysis for States on with attendance limited by the health promotion and disease emerging and priority issues and availability of space on a first come, first prevention objectives of ‘‘Healthy innovative State enterprises. serve basis. Members of the public who People 2010’’ a national activity to 2. Information Clearinghouse to track, reduce morbidity and mortality and wish to present oral statements should evaluate, and disseminate information improve the quality of life. This on State programs and State best contact Ms. Jody Crank by telephone, announcement is related to the focus practices. fax machine, or mail as shown below as areas of: Arthritis, Osteoporosis and 3. Publications with formats designed soon as possible, at least 4 days before Chronic Back Conditions; Cancer; specifically for the State legislators. the meeting. The Chair will reserve time Diabetes; Disability and Secondary NCSL produces regular reports, issue for presentations by persons requesting Conditions; Educational and briefs, legislative briefs, and articles on to speak and asks that oral statements be Community-Based Programs; issues critical to States. limited to five minutes. The order of Environmental Health; Family Planning; 4. Conducts National meetings and persons wanting to make a statement Food Safety; Health Communication; intensive workshops planned will be assigned in the order in which Heart Disease and Stroke; HIV; specifically for the legislators and their requests are received. Individuals Immunization and Infectious Diseases; staff to support State-to-State unable to make oral presentations can Injury and Violence Prevention; communication on technical issues and mail or fax their written comments to Maternal, Infant and Child Health; assistance in solving State focused the NBAC staff office at least five Nutrition and Overweight; Occupational problems. As the nation’s only business days prior to the meeting for Safety and Health; Oral Health; Physical organization that represents and links distribution to the Commission and Activity and Fitness; Public Health legislators and their staff from all 50 inclusion in the public record. The Infrastructure; Respiratory Diseases; States, NCSL is in a unique position to Commission also accepts general Sexually Transmitted Diseases; disseminate information on public comments at its website at Substance Abuse; Tobacco Use; and health issues to State legislatures and bioethics.gov. Persons needing special Vision and Hearing. For the conference convene information-sharing meetings copy of ‘‘Healthy People 2010,’’ visit the assistance, such as sign language among State legislative representatives internet site: VerDate 11 VerDate 11 Program Announcement 00078, Centers Resources Management (HFA–250), information sufficient to determine for Disease Control and Prevention Food and Drug Administration, 5600 whether implicated fish were from (CDC), 4770 Buford Highway, NE MS K– Fishers Lane, Rockville, MD 20857, commercial or recreational sources. 40, Atlanta, GA 30341, telephone (770) 301–827–1223. The comment’s point is that because 488–5403, e-mail: [email protected]. SUPPLEMENTARY INFORMATION: In the purpose of the survey is to help Dated: May 17, 2000. compliance with 44 U.S.C. 3507, FDA determine whether infection from fish- John L. Williams, has submitted the following proposed borne helminth parasites is a hazard Director, Procurement and Grants Office, collection of information to OMB for that is responsibly likely to occur in the Center for Disease Control, and Prevention review and clearance. United States in commercial species of (CDC). Survey of Incidence of fish, data on parasite infections from [FR Doc. 00–12882 Filed 5–22–00; 8:45 am] Gastroenterological Parasitic Infections noncommercial species could skew the BILLING CODE 4163±18±P in the United States as a Result of outcome. While the comment’s point is Consumption of Raw Fish valid in theory, it is highly unlikely that recreational species are a significant DEPARTMENT OF HEALTH AND Under section 903(b)(2) of the Federal source of parasite infections. It is more HUMAN SERVICES Food, Drug, and Cosmetic Act (21 U.S.C. likely that commercial species intended 393(b)(2)), FDA has the responsibility to for raw consumption, as in sushi and Food and Drug Administration conduct research relating to foods and sashimi, provide an appreciable risk of [Docket No. 00N±0356] to conduct educational and public parasite infection. Consequently, the information programs relating to the agency does not regard differentiation Agency Information Collection safety of the nation’s food supply. The between commercial and recreational Activities; Submission for OMB ‘‘Survey of Incidence of sources to be critical to the success of Review; Comment Request; Survey of Gastroenterological Parasitic Infections the survey. As a practical matter, Incidence of Gastroenterological in the United States as a Result of moreover, information on whether an Parasitic Infections in the United Consumption of Raw Fish’’ will provide infection was from a commercially or States as a Result of Consumption of information on the actual frequency of recreationally obtained fish is probably Raw Fish occurrence of fish-borne helminth not available through the kind of survey illnesses. Detailed information will be that is being conducted. Consequently, AGENCY: Food and Drug Administration, obtained from the target population of HHS. FDA does not contemplate any change clinical gastroenterologists who are in the survey. ACTION: Notice. likely to have encountered and treated food-borne parasitic infections. Any findings of significant levels of SUMMARY: The Food and Drug infection will guide FDA in evaluating Administration (FDA) is announcing Respondents will also be asked to provide demographic information about its current policy that fish intended for that the proposed collection of raw consumption should have been information listed below has been the most recent cases. The information will be used to better evaluate the need previously frozen to eliminate the submitted to the Office of Management hazard from live parasites. This and Budget (OMB) for review and for control of helminth parasites in fish intended for raw consumption and to recommendation is adhered to by many clearance under the Paperwork members of the seafood industry. To the Reduction Act of 1995. evaluate effective means for control where such controls are found extent that parasite infection from raw DATES: Submit written comments on the necessary. A national representative fish is demonstrated through this survey collection of information by June 22, sample of 1,000 clinical to be a hazard reasonably likely to 2000. gastroenterologists will be selected by a occur, the agency would focus its ADDRESSES: Submit written comments random procedure and interviewed by attention to such actions as increased on the collection of information to the questionnaire. consumer education, which would Office of Information and Regulatory In theFederal Register of February 22, apply to raw fish from any source, and Affairs, OMB, New Executive Office 2000 (65 FR 8713), the agency requested to ensuring the implementation of Bldg., 725 17th St. NW., rm. 10235, comments on the proposed collections hazard analysis critical control points Washington, DC 20503, Attn: Wendy of information. One comment was controls for fish sold for raw Taylor, Desk Officer for FDA. received. The comment commended the consumption. FOR FURTHER INFORMATION CONTACT: concept of conducting the survey, but FDA estimates the burden of this Peggy Schlosburg, Office of Information requested that the survey gather collection of information as follows: TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN 1 Annual Fre- No. of Respondents quency per Re- Total Annual Hours per Re- Total Hours sponse Responses sponse 500 1 500 .50 250 1There are no capital costs or operating and maintenance costs associated with this collection of information. VerDate 11 This is a one-time survey. The burden application (NDA) 20–825, ZeldoxTM ACTION: Notice. estimate is based on FDA’s experience (ziprasidone hydrochloride capsules, with conducting similar surveys. Pfizer, Inc.), proposed for the SUMMARY: The Food and Drug Dated: May 15, 2000. management of psychotic disorders. Administration (FDA) is providing William K. Hubbard, Procedure: Interested persons may notice of a memorandum of Senior Associate Commissioner for Policy, present data, information, or views, understanding (MOU) between FDA and Planning, and Legislation. orally or in writing, on issues pending the Food Safety and Inspection Service, [FR Doc. 00–12854 Filed 5–22–00; 8:45 am] before the committee. Written U.S. Department of Agriculture (FSIS). submissions may be made to the contact BILLING CODE 4160±01±F The purpose of the agreement is to person by July 17, 2000. Oral establish the working relationship to be presentations from the public will be followed by FDA and FSIS in scheduled on July 19, 2000, between DEPARTMENT OF HEALTH AND responding to requests for the approximately 1 p.m. to 2 p.m. Time HUMAN SERVICES sanctioning of the use of food allotted for each presentation may be ingredients and sources of radiation Food and Drug Administration limited. Those desiring to make formal oral presentations should notify the subject to regulation by FDA and Psychopharmacological Drugs contact person before July 17, 2000, and intended for use in the production of Advisory Committee; Notice of Meeting submit a brief statement of the general meat and meat food products. AGENCY: Food and Drug Administration, nature of the evidence or arguments DATES: The agreement became effective HHS. they wish to present, the names and January 31, 2000. addresses of proposed participants, and ACTION: Notice. an indication of the approximate time FOR FURTHER INFORMATION CONTACT: This notice announces a forthcoming requested to make their presentation. Arletta M. Beloian, Center for Food meeting of a public advisory committee Notice of this meeting is given under Safety and Applied Nutrition (HFS– of the Food and Drug Administration the Federal Advisory Committee Act (5 206), Food and Drug Administration, (FDA). The meeting will be open to the U.S.C. app. 2). 200 C St. SW., Washington, DC 20204, public. Dated: May 11, 2000. 202–418–3082. Name of Committee: Linda A. Suydam, SUPPLEMENTARY INFORMATION: In Psychopharmacological Drugs Advisory Committee Senior Associate Commissioner. accordance with 21 CFR 20.108(c), General Function of the Committee: [FR Doc. 00–12855 Filed 5–22–00; 8:45 am] which states that all written agreements To provide advice and BILLING CODE 4160±01±F and MOU’s between FDA and others recommendations to the agency on shall be published in the Federal FDA’s regulatory issues. Register, the agency is publishing notice Date and Time: The meeting will be DEPARTMENT OF HEALTH AND of this MOU. HUMAN SERVICES held on July 19, 2000, 8 a.m. to 5 p.m. Dated: May 16, 2000. Location: Holiday Inn, Versailles Ballrooms I, II, and III, 8120 Wisconsin Food and Drug Administration William K. Hubbard, Senior Associate Commissioner for Policy, Ave., Bethesda, MD. [FDA 225±00±2000] Contact Person: Sandra L. Titus or Planning, and Legislation. LaNise S. Giles, Center for Drug Memorandum of Understanding The MOU is set forth in its entirety as Evaluation and Research (HFD–21), Between the Food and Drug follows: 5600 Fishers Lane (for express delivery, Administration, U.S. Department of BILLING CODE 4160±01±F 5630 Fishers Lane, Rm. 1093) Rockville, Health and Human Services, and the MD 20857, 301–827–7001, or e-mail Food Safety and Inspection Service, [email protected], or FDA Advisory U.S. Department of Agriculture, Committee Information Line, 1–800– Regarding the Listing or Approval of 741–8138 (301–443–0572 in the Food Ingredients and Sources of Washington, DC area) code 12544. Radiation Used in the Production of Please call the Information Line for up- Meat and Poultry Products to-date information on this meeting. Agenda: The committee will consider AGENCY: Food and Drug Administration, the safety and efficacy of new drug HHS. VerDate 11 VerDate 11 VerDate 11 VerDate 11 [FR Doc. 00–12853 Filed 5–22–00; 8:45 am] the Paperwork Reduction Act of 1995 to Diabetes Information Clearinghouse, BILLING CODE 4160±01±C provide opportunity for public comment National Digestive Diseases Information on proposed data collection projects; the Clearinghouse, National Kidney and National Institute of Diabetes and Urologic Diseases Information DEPARTMENT OF HEALTH AND Digestive and Kidney Diseases (NIDDK), Clearinghouse. The survey responds to HUMAN SERVICES the National Institutes of Health (NIH), Executive Order 12862, ‘‘Setting will publish periodic summaries of Customer Service Standards,’’ which National Institutes of Health proposed projects to be submitted to the requires agencies and departments to Office of Management (OMB) for review identify and survey their ‘‘customers to Proposed Collection; Comment and approval. determine the kind and quality of Request: National Institute of Diabetes Title: NIDDK Information service they want and their level of and Digestive and Kidney Diseases Clearinghouses Customer Satisfaction satisfaction with existing service.’’ Information Clearinghouse Customer Survey. Frequency of Response: On occasion. Satisfaction Survey NIDDK will conduct a survey to Affected Public: Individuals or evaluate the efficiency and effectiveness households; clinics or doctor’s offices. SUMMARY: In compliance with the of services provided NIDDK’s three Type of Respondents: Physicians, requirement of section 3506(c)(2)(A) of information clearinghouses: National nurses, patients, family. VerDate 11 Estimated Estimated Type of respondents Number of Frequency average re- annual bur- respondents of response sponse time den hours Patients/Family ...... 3,600 1.00 0.167 600 Phys. Asst ...... 7,200 1.00 0.167 1,200 Physicians ...... 1,200 1.00 0.167 200 Totals ...... 12,000 2,000 The annual reporting burden is as 301–496–3583 or via e-mail at: complementary research programs that follows: VerDate 11 Place: Georgetown Holiday Inn, 2101 Dated: May 16, 2000. DEPARTMENT OF HEALTH AND Wisconsin Avenue, NW, Washington, DC LaVerne Y. Stringfield, HUMAN SERVICES 20007. Director, Office of Federal Advisory Contact Person: Harvey P. Stein, Phd, National Institutes of Health Scientific Review Administrator, Grants Committee Policy. Review Branch, Division of Extramural [FR Doc. 00–12893 Filed 5–22–00; 8:45 am] National Cancer Institute; Notice of Activities, National Cancer Institute, National BILLING CODE 4140±01±M Closed Meeting Institutes of Health, 6116 Executive Boulevard, Room 8036, Bethesda, MD 20892, Pursuant to section 10(d) of the 301/496–7481. DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as (Catalogue of Federal Domestic Assistance HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice Program Nos. 93.392, Cancer Construction; is hereby given of the following 93.393, Cancer Cause and Prevention National Institutes of Health meeting. Research; 93.394, Cancer Detection and The meeting will be closed to the Diagnosis Research; 93.395, Cancer National Cancer Institute; Notice of public in accordance with the Treatment Research; 93.396, Cancer Biology Closed Meeting provisions set forth in sections Research; 93.397, Cancer Centers Support; 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 93.3398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, Pursuant to section 10(d) of the as amended. The grant applications and HHS) Federal Advisory Committee Act, as the discussions could disclose amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial Dated: May 16, 2000. is hereby given of the following property such as patentable material, LaVerene Y. Stringfield, meeting. and personal information concerning Director, Office of Federal Advisory individuals associated with the grant The meeting will be closed to the Committee Policy. applications, the disclosure of which [FR Doc. 00–12892 Filed 5–22–00; 8:45 am] public in accordance with the would constitute a clearly unwarranted provisions set forth in sections BILLING CODE 4140±01±M invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Name of Committee: National Cancer Institute Special Emphasis Panel, DEPARTMENT OF HEALTH AND the discussions could disclose Determining the Carcinogenic Significance of HUMAN SERVICES confidential trade secrets or commercial Heterocyclic Amines. property such as patentable material, Date: June 12–14, 2000. National Institutes of Health and personal information concerning Time: 7 pm to 11 am. individuals associated with the grant Agenda: To review and evaluate grant National Cancer Institute; Notice of applications, the disclosure of which applications. Meeting Place: Wyndham Garden Hotel— would constitute a clearly unwarranted Pleasanton, 5990 Stoneridge Mall Road, Pursuant to section 10(a) of the invasion of personal privacy. Pleasanton, CA 94588. Federal Advisory Committee Act, as Name of Committee: National Cancer Contact Person: Michael B Small, PhD, amended (5 U.S.C. Appendix 2), notice Institute Special Emphasis Panel, Spores for Scientific Review Administrator, Grants Review Branch, Division of Extramural is hereby given of a meeting of the Breast and Prostate Cancer. Activities, National Cancer Institute, National President’s Cancer Panel. Date: June 13–15, 2000. Institutes of Health, 6116 Executive The meeting will be open to the Time: 8 a.m. to 6 p.m. Boulevard, Room 8040, Bethesda, MD 20892, public, with attendance limited to space Agenda: To review and evaluate grant 301/402–0996. applications. available. Individuals who plan to (Catalogue of Federal Domestic Assistance attend and need special assistance, such Place: Doubletree Hotel Park Terrace on Program Nos. 93.392, Cancer Construction, as sign language interpretation or other Embassy Row, 1515 Rhode Island Avenue, 93.393, Cancer Cause and Prevention reasonable accommodations, should NW, Washington, DC 20005. Research; 93.394, Cancer Detection and notify the Contact Person listed below Contact Person: Brian E. Wojcik, Phd, Diagnosis Research; 93.395, Cancer in advance of the meeting. Scientific Review Administrator, Grants Treatment Research; 93.396, Cancer Biology Review Branch, Division of Extramural Research; 93.397, Cancer Centers Support; Name of Committee: President’s Cancer Activities, National Cancer Institute, 6116 93.398, Cancer Research Manpower; 93.399, Panel. Executive Boulevard, Room 8019, Bethesda, Cancer Control, National Institutes of Health, Date: June 15–16, 2000. MD 20892, 301–402–2785. HHS) Time: 8:30 a.m. to 5 p.m. Dated: May 16, 2000. (Catalogue of Federal Domestic Assistance Agenda: Improving Cancer Care for All: LaVerne Y. Stringfield, Real People—Real Problems. Program Nos. 93.392, Cancer Construction; Place: Doubletree Hotel, Omaha, NE. 93.393, Cancer Cause and Prevention Director, Office of Federal Advisory Committee Policy. Contact Person: Maureen O. Wilson, Phd, Research; 93.394, Cancer Detection and Executive Secretary, National Cancer Diagnosis Research; 93.395, Cancer [FR Doc. 00–12895 Filed 5–22–00; 8:45 am] Institute, National Institutes of Health, 31 Treatment Research; 93.396, Cancer Biology BILLING CODE 4140±01±M Center Drive, Building 31, Room 4A48, Research; 93.397, Cancer Centers Support; Bethesda, MD 20892, 301/496–1148. 93.398, Cancer Research Manpower; 93.399, (Catalogue of Federal Domestic Assistance Cancer Control, National Institutes of Health, DEPARTMENT OF HEALTH AND Program Nos. 93.392, Cancer Construction; HHS) HUMAN SERVICES 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Dated: May 16, 2000. National Institutes of Health Diagnosis Research; 93.395, Cancer LaVerne Y. Stringfield, Treatment Research; 93.396, Cancer Biology Director, Office of Federal Advisory National Center for Research Research; 93.397, Cancer Centers Support; Committee Policy. Resources; Notice of Closed Meetings 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, [FR Doc. 00–12894 Filed 5–22–00; 8:45 am] Pursuant to section 10(d) of the HHS) BILLING CODE 4140±01±M Federal Advisory Committee Act, as VerDate 11 VerDate 11 Time: 8:30 a.m. to 5 p.m. Name of Committee: National Institute on National Institute on Drug Abuse, National Agenda: To review and evaluate grant Drug Abuse Special Emphasis Panel, Health Institutes of Health, DHHS, 6001 Executive applications. Services Research. Boulevard, Room 3158, MSC 9547, Bethesda, Place: Hotel Washington, 515 15th Street Date: June 30, 2000. MD 20892–9547, (301) 443–2755. NW, Washington, DC 20004. Time: 10 a.m. to 12 p.m. Name of Committee: National Institute on Contact Person: Marina L. Volkov, PhD, Agenda: To review and evaluate grant Drug Abuse Special Emphasis Panel, Health Scientist Administrator, Office of applications. Microarray-Based Research On Drug Abuse. Extramural Affairs, National Institute on Place: Hotel Washington, 515 15th Street Date: July 17–18, 2000. Drug Abuse, National Institutes of Health, NW, Washington, DC 20004. Time: 8:00 a.m. to 5:00 p.m. DHHS, 6001 Executive Boulevard, Room Contact Person Susan L. Coyle, PhD, Chief, Agenda: To review and evaluate grant Clinical, Epidemiological and Applied 3158, MSC 9547, Bethesda, MD 20892–9547, applications. Sciences Review Branch, Office of (301) 435–1433. Place: Marriott Hotel, 5151 Pooks Hill Extramural Affairs, National Institute on Road, Bethesda, MD 20814. Name of Committee: National Institute on Drug Abuse, National Institutes of Health, Contact Person: Rita Liu, PhD, Health Drug Abuse Special Emphasis Panel, DHHS, 6001 Executive Boulevard, Room Medication Development Research. 3158, MSC 9547, Bethesda, MD 20892–9547, Scientist Administrator, Office of Extramural Date: June 29, 2000. (301) 443–2620. Affairs. National Institute on Drug Abuse. National Institutes of Health, DHHS, 6001 Time: 9 a.m. to 11 a.m. Name of Committee: National Institute on Agenda: To review and evaluate grant Executive Boulevard, Room 3158, MSC 9547, Drug Abuse Special Emphasis Panel, Bethesda, MD 20892–9547, (301) 443–2620. applications. Treatment Research. Place: Hyatt Arlington, 1325 Wilson Blvd., Date: June 30, 2000. Name of Committee: National Institute on Arlington, VA 22209. Time: 1 p.m. to 5 p.m. Drug Abuse Special Emphasis Panel, Basic Contact Person: Mark Swieter, PhD, Health Agenda: To review and evaluate grant Behavioral, Cognitive, and Neurological Scientist Administrator, Office of Extramural applications. Research: Applications to HIV/AIDS and Affairs, National Institute on Drug Abuse, Place: Hotel Washington, 515 15th Street, Drug Abuse. National Institutes of Health, DHHS, 6001 NW, Washington, DC 20004. Date: July 20, 2000. Executive Boulevard, Room 3158, MSC 9547, Contact Person: Marina L. Volkov, PhD, Time: 8:30 a.m. to 5 p.m. Bethesda, MD 20892–9547, (301) 435–1389. Health Scientist Administrator, Office of Agenda: To review and evaluate grant Name of Committee: National Institute on Extramural Program Review, National applications. Drug Abuse Initial Review Group, Treatment Institute on Drug Abuse, National Institutes Place: Radisson Barcelo Hotel, 2121 P Research Subcommittee. of Health, DHHS, 6001 Executive Boulevard, Street NW. Washington, DC 20037. Date: June 29–30, 2000. Room 3158, MSC 9547, Bethesda, MD 20892– Contact Person: Marina L. Volkov, PhD, Time: 11 a.m. to 5 p.m. 9547, (301) 435–1433. Health Scientist Administrator, Office of Agenda: To review and evaluate grant Name of Committee: National Institute on Extramural Program Review, National applications. Drug Abuse Initial Review Group, Training Institute on Drug Abuse, National Institutes of Health, DHHS, 6001 Executive Boulevard, Place: Hotel Washington, 515 15th Street, and Career Development Subcommittee. Room 3158, MSC 9547, Bethesda, MD 20892– NW, Washington, DC 20004. Date: July 6–7, 2000. 9597, (301) 435–1433. Contact Person: Kesinee Nimit, MD, Health Time: 9 a.m. to 5 p.m. Scientist Administrator, Office of Extramural Agenda: To review and evaluate grant Name of Committee: National Affairs, National Institute on Drug Abuse, applications. Institute on Drug Abuse Special National Institutes of Health, DHHS, 6001 Place: Hyatt Regency Bethesda, One Bethesda Metro Center, Bethesda, MD 20814. Emphasis Panel, HIV Therapy for Drug Executive Boulevard, Room 3158, MSC 9547, Users: Access, Adherence, Effectiveness. Bethesda, MD 20892–9547, (301) 435–1432. Contact Person: Mark Swieter, PhD, Health Scientist Administrator, Office of Extramural Name of Committee: National Institute on Date: July 21, 2000. Affairs, National Institute on Drug Abuse, Drug Abuse Special Emphasis Panel, Centers Time: 8:30 a.m. to 5 p.m. National Institutes of Health, DHHS, 6001 Review Committee. Executive Boulevard, Room 3158, MSC 9547, Agenda: To review and evaluate grant Date: June 29, 2000. Bethesda, MD 20892–9547, (301) 435–1389. applications. Time: 6 p.m. to 7:30 p.m. Agenda: To review and evaluate grant Name of Committee: National Institute on Place: Radisson Barcelo Hotel 2121 P applications. Drug Abuse Special Emphasis Panel, Program Street NW Washington, DC 20037. Projects. Place: Ritz-Carlton Hotel at Pentagon City, Date: July 10, 2000. Contact Person: Marina L. Volkov. 1250 South Hayes Street, Arlington, VA Time: 10 a.m. to 5 p.m. PhD, Heath Scientist Administrator, 22202. Agenda: To review and evaluate grant Office of Extramural Program Review, Contact Person: Rita Liu, PhD, Health applications. National Institute on Drug Abuse, Scientist Administrator, Office of Extramural Place: Bethesda Marriott Hotel, 5151 Pooks Affairs, National Institute on Drug Abuse, National Institutes of Health, DHHS, Hill Road, Bethesda, MD 20814. 6001 Executive Boulevard, Room 3158, National Institutes of Health, DHHS, 6001 Contact Person: Khursheed Asghar, PhD, Executive Boulevard, Room 3158, MSC 9547, MSC 9547, Bethesda, MD 20892–9547, Chief, Basic Sciences Review Branch, Office (301) 435–1433. Bethesda, MD 20892–9547, (301) 443–2620. of Extramural Affairs, National Institute on Name of Committee: National Institute on Drug Abuse, National Institutes of Health, (Catalogue of Federal Domestic Assistance Drug Abuse Special Emphasis Panel, Aids 6001 Executive Boulevard, Room 3158, Msc Program Nos. 93.277, Drug Abuse Scientist Research Core Grants. 9547, Bethesda, MD 29089–2954, (301) 443– Development Award for Clinicians, Scientist Date: June 30, 2000. 2620. Development Awards, and Research Scientist Awards; 93.278, Drug Abuse National Time: 8:30 a.m. to 5:30 p.m. Name of Committee: National Institute on Research Service Awards for Research Agenda: To review and evaluate grant Drug Abuse Special Emphasis Panel, The applications. Next Generation of Drug Abuse Prevention Training; 93.279, Drug Abuse Research Place: Ritz-Carlton Hotel at Pentagon City, Research. Programs, National Institutes of Health, 1250 South Hayes Street, Arlington, VA Date: July 13, 2000. HHS). 22202. Time: 8:30 a.m. to 5 p.m. Dated: May 12, 2000. Contact Person: Rita Liu, PhD, Health Agenda: To review and evaluate grant LaVerne Y. Stringfiled, Scientist Administrator, Office of Extramural applications. Director, Office of Federal Advisory Affairs, National Institute on Drug Abuse, Place: Double Tree Hotel, 1750 Rockville Committee Policy. National Institutes of Health, DHHS, 6001 Pike, Rockville, MD 20852. Executive Boulevard, Room 3158, MSC 9547, Contact Person: William C. Grace, PhD, [FR Doc. 00–12903 Filed 5–22–00; 8:45 am] Bethesda, MD 20892–9547, (301) 443–2620. Deputy Director, Office of Extramural Affairs, BILLING CODE 4140±01±M VerDate 11 DEPARTMENT OF HEALTH AND National Institutes of Health, Bethesda, MD DEPARTMENT OF HEALTH AND HUMAN SERVICES 20892, (301) 594–2372. HUMAN SERVICES (Catalogue of Federal Domestic Assistance National Institutes of Health Program Nos. 93.121, Oral Diseases and National Institutes of Health Disorders Research, National Institutes of National Institute of Dental and Health, HHS) National Institute of Child Health and Craniofacial Research; Notice of Dated: May 16, 2000. Human Development; Notice of Closed Meetings LaVerne Y. Stringfield, Meeting Pursuant to section 10(d) of the Director, Office of Federal Advisory Pursuant to section 10(d) of the Committee Policy. Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice [FR Doc. 00–12900 Filed 5–22–00; 8:45 am] amended (5 U.S.C. Appendix 2), notice is hereby given of the following BILLING CODE 4140±01±M is hereby given of a meeting of the meetings. National Advisory Child Health and The Meetings will be closed to the Human Development Council. public in accordance with the DEPARTMENT OF HEALTH AND provisions set forth in sections HUMAN SERVICES The meeting will be open to the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public as indicated below, with as amended. The contract proposals and National Institutes of Health attendance limited to space available. the discussions could disclose Individuals who plan to attend and National Institutes of Child Health and confidential trade secrets or commercial need special assistance, such as sign Human Development; Notice of Closed property such as patentable material, language interpretation or other Meeting and personal information concerning reasonable accommodations, should notify the Contact Person listed below individuals associated with the contract Pursuant to section 10(d) of the in advance of the meeting. proposals, the disclosure of which Federal Advisory Committee Act, as would constitute a clearly unwarranted amended (5 U.S.C. Appendix 2), notice The meeting will be closed to the invasion of personal privacy. is hereby given of the following public in accordance with the Name of Committee: National Institute of meeting. provisions set forth in sections Dental and Craniofacial Research Special The meeting will be closed to the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Emphasis Panel 00–73, DE Contract public in accordance with the as amended. The grant applications N01DE72623. provisions set forth in sections and/or contract proposals and the Date: May 19, 2000. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., discussions could disclose confidential Time: 10 a.m. to 11:30 a.m. as amended. The grant applications and trade secrets or commercial property Agenda: To review and evaluate contract the discussions could disclose such as patentable material, and proposals. personal information concerning Place: Natcher Building, Rm. 4AN44F, confidential trade secrets or commercial Bethesda, MD 20892, (Telephone Conference property such as patentable material, individuals associated with the grant Call). and personal information concerning applications and/or contract proposals, Contact Person: Anna Sandberg, PhD, individuals associated with the grant the disclosure of which would Scientific Review Administrator, National applications, the disclosure of which constitute a clearly unwarranted Institute of Dental and Craniofacial Res., 45 would constitute a clearly unwarranted invasion of personal privacy. Center Drive, Natcher Building, RM. 4N44F, invasion of personal privacy. Name of Committee: National Advisory Bethesda, MD 20892. Child Health and Human Development This notice is being published less than 15 Name of Committee: National Institute of Council. days prior to the meeting due to the timing Child Health and Human Development Initial Date: June 5–6, 2000. limitations imposed by the review and Review Group Population Research Open: June 5, 2000, 10 a.m. to 5 p.m. funding cycle. Subcommittee. Agenda: The agenda includes: Report of Name of Committee: National Institute of Date: June 12–13, 2000. Time: 7:30 p.m. to 5 p.m. the Director, NICHD, a presentation by the Dental and Craniofacial Research Special Child Development and Behavior Branch, Emphasis Panel 00–68, Review of R01s. Agenda: To review and evaluate grant applications. CRMC, a presentation on the National Date: June 22, 2000. Reading Panel, and other business of the Time: 8:30 a.m. to 5 p.m. Place: 8120 Wisconsin Avenue, Bethesda, MD 20814. council. Agenda: To review and evaluate grant Place: National Institutes of Health, applications. Contact Person: Jon M. Ranhand, Health Scientist Administrator, Division of Building 31, C Wing, Conference Room 10, Place: Pooks Hill Marriott, 5151 Pooks Hill 9000 Rockville Pike, Bethesda, MD 20892. Road, Bethesda,MD 20814. Scientific Review, National Institute of Child Health and Human Development, 6100 Closed: June 6, 2000, 8 a.m. to 1 p.m. Contact Person: Anna Sandberg, PhD, Agenda: To review and evaluate grant Scientific Review Administrator, National Executive Blvd., rm. 5E01, MSC 7510, Bethesda, MD 20892; (301) 435–6884. applications and/or proposals. Institute of Dental and Craniofacial Res., 45 Place: National Institutes of Health, Center Drive, Natcher Building, RM. (Catalogue of Federal Domestic Assistance Building 31, C Wing, Conference Room 10, 4AN44F, Bethesda, MD 20892. Program Nos. 93.209, Contraception and 9000 Rockville Pike, Bethesda, MD 20892. Name of Committee: National Institute of Infertility Loan Repayment Program; 93.864, Open: June 6, 2000, 1 p.m. to adjournment. Dental and Craniofacial Research Special Population Research; 93.865, Research for Agenda: The meeting will reopen to Emphasis Panel 00–57, Review of R01. Mothers and Children; 93.929, Center for discuss any policy issues that were raised. Date: August 28, 2000. Medical Rehabilitation Research, National Place: National Institutes of Health, Time: 1 p.m. to 3 p.m. Institutes of Health, HHS) Building 31, C Wing, Conference Room 10, Agenda: To review and evaluate grant Dated: May 16, 2000. 9000 Rockville Pike, Bethesda, MD 20892. applications. LaVerne Y. Stringfield, Contact Person: Mary Plummer, Committee Place: 45 Center Drive, Bethesda, MD Management Officer, Division of Scientific 20892, (Telephone Conference Call). Director, Office of Federal Advisory Review, National Institute of Child Health Contact Person: Philip Washko, PhD, DMD, Committee Policy. and Human Development, National Institutes Scientific Review Administrator, 4500 Center [FR Doc. 00–12887 Filed 5–22–00; 8:45 am] of Health, 6100 Executive Blvd., Room 5E03, Drive, Natcher Building, Rm. 4AN44F, BILLING CODE 4140±01±M Bethesda, MD 20892, (301) 496–1485. VerDate 11 (Catalogue of Federal Domestic Assistance Name of Committee: National Institute on Dated: May 16, 2000. Program Nos. 93.209, Contraception and Aging Initial Review Group, Sociology Aging LaVerne Y. Stringfield, Infertility Loan Repayment Program; 93.864, Review Committee. Director, Office of Federal Advisory Population Research; 93.865, Research for Date: June 8, 2000. Committee Policy. Mothers and Children; 93.929, Center for Time: 11:30 am to 10 pm. [FR Doc. 00–12889 Filed 5–22–00; 8:45 am] Medical Rehabilitation Research, National Agenda: To review and evaluate grant Institutes of Health, HHS) applications. BILLING CODE 4140±01±M Dated: May 16, 2000. Place: Georgetown Holiday, Inn, 2101 Wisconsin Ave. NW., Washington, DC 20007. LaVerne Y. Stringfield, Contact Person: Mary Ann Guadagno, Phd, DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory Scientific Review Administrator, The HUMAN SERVICES Committee Policy. Bethesda Gateway Building, 7201 Wisconsin [FR Doc. 00–12888 Filed 5–22–00; 8:45 am] Avenue/Suite 2C212, Bethesda, MD 20892, National Institutes of Health BILLING CODE 4140±01±M (301) 496–9666. Name of Committee: National Institute on National Institute of Dental and Aging Special Emphasis Panel, Small Grants Craniofacial Research; Notice of DEPARTMENT OF HEALTH AND in Sociology and Psychology. Closed Meetings HUMAN SERVICES Date: June 9, 2000. Time: 9 am to 6 pm. Pursuant to section 10(d) of the National Institutes of Health Agenda: To review, and evaluate grant Federal Advisory Committee Act, as applications. amended (5 U.S.C. Appendix 2), notice National Institute on Aging; Notice of Place: Georgetown Holiday Inn, 2101 is hereby given of the following Closed Meetings Wisconsin Ave, NW, Washington, DC 20007. meetings. Contact Person: Mary Ann Guadagno, The meetings will be closed to the Pursuant to section 10(d) of the Scientific Review Administrator, The Bethesda Gateway Building, 7201 Wisconsin public in accordance with the Federal Advisory Committee Act, as provisions set forth in sections Amended (5 U.S.C. Appendix 2), notice Avenue 2C212, Bethesda, MD 20892, (301) 496–9666. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., is hereby given of the following as amended. The grant applications and meetings. Name of Committee: National Institute on Aging Special Emphasis Panel, Grant the discussions could disclose The meetings will closed to the public application on a population-based, confidential trade secrets or commercial in accordance with the provisions set multidisciplinary study of centenarians. property such as patentable material, forth in sections 552b(c)(4) and Date: June 12, 2000. and personal information concerning 552b(c)(6), Title 5 U.S.C., as amended. Time: 1 pm to 3 pm. individuals associated with the grant The grant applications and the Agenda: To review and evaluate grant applications, the disclosure of which discussions could disclose confidential applications. would constitute a clearly unwarranted trade secrets or commercial property Place: 7201 Wisconsin Ave., Suite 502C, invasion of personal privacy. such as patentable material, and MD 20891 (Telephone Conference Call). Contact Person: Arthur Schaerdel, DVM, Name of Committee: National Institute of personal information concerning Scientific Review Administrator, The Dental and Craniofacial Research Special individuals associated with the grant Bethesda Gateway Building, 7201 Wisconsin Emphasis Panel 00–72, Applicant Interview, applications, and the disclosure of Avenue/Suite 2C212, Bethesda, MD 20892, R01s. which would constitute a clearly (301) 496–9666. Date: June 14, 2000. Time: 8 a.m. to 5 p.m. unwarranted invasion of personal Name of Committee: National Institute on privacy. Agenda: To review and evaluate grant Aging Initial Review Group, Clinical Aging applications. Name of Committee: National Institute on Review Committee. Place: Marriott Pooks Hill, 5151 Pooks Hill Aging Initial Review Group, Biological Aging Date: June 16, 2000. Road, Bethesda, MD 20814. Review Committee. Time: 8 am to 7 pm. Contact person: Anna Sandberg, PhD, Date: June 5–6, 2000. Agenda: To review and evaluate grant Scientific Review Administrator, National Time: 6 pm to 4 pm. applications. Institute of Dental & Craniofacial Res., 45 Agenda: To review and evaluate grant Place: Marriott Pooks Hill, 5151 Pooks Hill Center Drive, Natcher Building, Rm. 4AN44F, applications. Road, Bethesda, MD 20814. Bethesda, MD 20892. Place: Holiday Inn—Chevy Chase, Contact Person: William A. Kachadorian, Phd, The Bethesda Gateway Building, 7201 Name of Committee: National Institute of Palladian East and Center Rooms, 5520 Dental and Craniofacial Research Special Wisconsin Avenue, Chevy Chase, MD 20815. Wisconsin Avenue/Suite 2C212, Bethesda, MD 20892, (301) 496–9666. Emphasis Panel 00–48, R01s. Contact Person: James P. Harwood, Phd, Date: June 15, 2000. Deputy Chief, Scientific Review Office, The Name of Committee: National Institute on Time: 9 a.m. to 5 p.m. Bethesda Gateway Building, 7201 Wisconsin Aging Special Emphasis Panel, Stress, the Agenda: To review and evaluate grant Avenue/Suite 2C212, Bethesda, MD 20892, HPA, and Health in Aging. applications. (301) 496–9666. Date: July 11, 2000. Place: Marriott Pooks Hill, 5151 Pooks Hill Name of Committee: National Institute on Time: 8 am to 4 pm. Road, Bethesda, MD 20814. Aging Initial Review Group, Neuroscience of Agenda: To review and evaluate grant Contact Person: Anna Sandberg, PhD., Aging Review Committee. applications. Scientific Review Administrator, National Date: June 5–6, 2000. Place: Stanford Terrace Inn, 531 Stanford Institute of Dental & Craniofacial Res., 45 Time: 7 pm to 2 pm. Avenue, Palo Alto, CA 94306. Center Drive, Natcher Building, Rm. 4AN44F, Agenda: To review and evaluate grant Contact Person: Arthur Schaerdel, DVM, Bethesda, MD 20892. applications. Scientific Review Administrator, The Name of Committee: National Institute of Place: Gaithersburg Holiday Inn, Bethesda Gateway Building, 7201 Wisconsin Dental and Craniofacial Research Special Gaithersburg, MD 20879. Avenue/Suite 2C212, Bethesda, MD 20892, Emphasis Panel 00–56, R13. Contact Person: Louise L. Hsu, Phd, The (301) 496–9666. Date: June 20, 2000. Bethesda Gateway Buiding, 7201 Wisconsin (Catalogue of Federal Domestic Assistance Time: 12 p.m. to 1 p.m. Avenue/Suite 2C212, Bethesda, MD 20892, Program Nos. 93.866, Aging Research, Agenda: To review and evaluate grant (301) 496–9666. National Institutes of Health, HHS) applications. VerDate 11 Place: 45 Natcher Bldg., Rm. 5As.25u, Drive, Natcher Building, Rm. 4AN44F, Open: 8 am to 12 pm. Bethesda, MD 20892 (Telephone Conference National Institutes of Health, Bethesda, MD Agenda: For the review of Intramural Call). 20892, (301) 594–2372. Research Programs and scientific Contact Person: H. George Hausch, Phd., Name of Committee: National Institute of presentations. Chief, 4500 Center Drive, Natcher Building, Dental and Craniofacial Research Special Place: National Institutes of Health, Rm. 4AN44F, National Institutes of Health, Emphasis Panel 00–60, Applicant Interview, Building 6, Room 4A05, Bethesda, MD Bethesda, MD 20892, (301) 594–2372. P01. 20892. Name of Committee: National Institute of Date: July 25–26, 2000. Closed: 1 pm to adjournment. Dental and Craniofacial Research Special Time: 8:30 a.m. to 5 p.m. Agenda: To review and evaluate personal Emphasis Panel. Agenda: To review and evaluate grant qualifications and performance, and Date: June 26–27, 2000. applications and/or proposals. competence of individual investigators. Time: 8:30 a.m. to 5 p.m. Place: Marriott Pooks Hill, 5151 Pooks Hill Place: National Institutes of Health, Agenda: To review and evaluate grant Road, Bethesda, MD 20814. Building 6, Room 4A05, Bethesda, MD applications. Contact Person: H. George Hausch, PhD, 20892. Place: Marriott Pooks Hill, 5151 Pooks Hill Chief, 4500 Center Drive, Natcher Building, Contact Person: Igor B. Dawid, MD, Acting Road, Bethesda, MD 20814. Rm. 4AN44F, National Institutes of Health, Scientific Director, NICHD, Division of Contact Person: Yujing Liu, Scientific Bethesda, MD 20892, (301) 594–2372. Intramural Research, National Institute of Review Administrator, National Institute of (Catalogue of Federal Domestic Assistance Child Health and Human Development, NIH, Dental & Craniofacial Res., 45 Center Drive, Program Nos. 93.121, Oral Diseases and 9000 Rockville Pike, Building 31, Room Natcher Building, Rm. 4AN44F, Bethesdsa, Disorders Research, National Institutes of 2A50, Bethesda, MD 20892. MD 20892. Health, HHS) This notice is being published less than 15 days prior to the meeting due to the timing Name of Committee: National Institute of Dated: May 15, 2000. limitations imposed by the review and Dental and Craniofacial Research Special LaVerne Y. Stringfield, Emphasis Panel 00–62, Review of RFA. funding cycle. Director, Office of Federal Advisory Date: June 26–27, 2000. (Catalogue of Federal Domestic Assistance Committee Policy. Time: 8:30 am. to 5 p.m. Program Nos. 93.209, Contraception and Agenda: To review and evaluate grant [FR Doc. 00–12891 Filed 5–22–00; 8:45 am] Infertility Loan Repayment Program; 93.864, applications. BILLING CODE 4140±01±M Population Research; 93.865, Research for Place: Double Tree Hotel, 1705 Rockville Mothers and Children; 93.929, Center for Pike, Rockville, MD 20853. Medical Rehabilitation Research, National Contact Person: Yasaman Shirazi, PhD, DEPARTMENT OF HEALTH AND Institutes of Health, HHS) Scientific Review Administrator, 4500 Center HUMAN SERVICES Dated: May 16, 2000. Drive, Natcher Building, Rm. 4AN44F, LaVerne Y. Stringfield, National Institute of Dental & Craniofacial Institutes of Health Res, Bethesda, MD 20892, (301) 594–2372. Director, Office of Federal Advisory Name of Committee: National Institute of National Institute of Child Health and Committee Policy. Dental and Craniofacial Research Special Human Development; Notice of [FR Doc. 00–12896 Filed 5–22–00; 8:45 am] Emphasis Panel 00–67, Review of R01. Meeting BILLING CODE 4140±01±M Date: June 29, 2000. Time: 1 p.m. to 5 p.m. Pursuant to section 10(d) of the Agenda: To review and evaluate grant Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND applications. amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES Place: Natcher Building, Rm. 4AN44F, is hereby given of a meeting of the Bethesda, MD 20892, (Telephone Conference Board of Scientific Counselors, NICHD. National Institutes of Health Call). The meeting will be open to the Contact Person: Yujing Liu, Scientific public as indicated below, with National Institute of Nursing Research; Review Administrator, National Institute of Notice of Closed Meeting Dental & Craniofacial Res., 45 Center Drive, attendance limited to space available. Natcher Building, Rm. 4AN44F, Bethesda, Individuals who plan to attend and Pursuant to section 10(d) of the MD 20892. need special assistance, such as sign Federal Advisory Committee Act, as Name of Committee: National Institute of language interpretation or other amended (5 U.S.C. Appendix 2), notice Dental and Craniofacial Research Special reasonable accommodations, should is hereby given of the following Emphasis Panel 00–63, Review of R01. notify the Contact Person listed below meeting. Date: July 18, 2000. in advance of the meeting. The meeting will be closed to the Time: 1 p.m. to 2:30 p.m. The meeting will be closed to the public in accordance with the Agenda: To review and evaluate grant public as indicated below in accordance applications. provisions set forth in sections with the provisions set forth in section 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: 45 Center Drive, Bethesda, MD 552b(c)(6), Title 5 U.S.C., as amended 20892, (Telephone Conference Call). as amended. The grant applications and Contact Person: Philip Washko, PhD, for the review, discussion, and the discussions could disclose DMD., Scientific Review Administrator, 4500 evaluation of individual intramural confidential trade secrets or commercial Center Drive, Natcher Building, Rm. 4AN44F, programs and projects conducted by the property such as patentable material, National Institutes of Health, Bethesda, MD NATIONAL INSTITUTE OF CHILD and personal information concerning 20892, (301) 594–2372. HEALTH AND HUMAN individuals associated with the grant Name of Committee: National Institute of DEVELOPMENT, including applications, the disclosure of which Dental and Craniofacial Research Special consideration of personnel would constitute a clearly unwarranted Emphasis Panel 00–64, Review of R01. qualifications and performance, and the invasion of personal privacy. Date: July 20, 2000. competence of individual investigators, Time: 11 a.m. to 12.30 p.m. the disclosure of which would Name of Committee: National Institute of Agenda: To review and evaluate grant constitute a clearly unwarranted Nursing Research Initial Review Group, applications. NINR IRG. Place: 45 Center Drive, Bethesda, MD invasion of personal privacy. Date: June 19–20, 2000. 20892, (Telephone Conference Call). Name of Committee: Board of Scientific Time: 8:30 am to 5 pm. Contact Person: Philip Washko, PhD, DMD, Counselors, NICHD. Agenda: To review and evaluate grant Scientific Review Administrator, 4500 Center Date: June 2, 2000. applications and/or proposals. VerDate 11 Place: Holiday Inn—Chevy Chase, Terrace Contact Person: Gary S. Madonna, Phd, Name of Committee: National Institute of Room, 5520 Wisconsin Avenue, Chevy Scientific Review Administrator, Scientific Mental Health Special Emphasis Panel. Chase, MD 20815. Review Program, Division of Extramural Date: July 6, 2000. Contact Person: Mary J. Stephens-Frazier, Activities, NIAID, NIH, Room 2217, 6700–B Time: 2 P.M. to 4 P.M. Phd, Scientific Review Administrator, Rockledge Drive, MSC 7610, Bethesda, MD Agenda: To review and evaluate grant National Institute of Nursing Research, 20892–7610, 301–496–2550. applications. National Institutes of Health, Natcher (Catalogue of Federal Domestic Assistance Place: Neuroscience Center, National Building, Room 3AN32, 45 Center Drive, Program Nos. 93.855, Allergy, Immunology, Institutes of Health, 6001 Executive Blvd, Bethesda, MD 20892, (301) 594–5971. and Transplantation Research; 93.856, Bethesda, MD 20892, (telephone conference call). (Catalogue of Federal Domestic Assistance Microbiology and Infectious Diseases Research, National Institutes of Health, HHS) Contact Person: David I. Sommers, Program Nos. 93.361, Nursing Research, Scientific Review Administrator, Division of National Institutes of Health, HHS) Dated: May 16, 2000. Extramural Activities, National Institute of Dated: May 16, 2000. Laverne Y. Stringfield, Mental Health, NIH, Neuroscience Center, LaVerne Y. Stringfield, Director, Office of Federal Advisory 6001 Executive Blvd., Room 6144, MSC 9606, Director, Office of Federal Advisory Committee Policy. Bethesda, MD 20892–9606, 301–443–6470. Committee Policy. [FR Doc. 00–12899 Filed 5–22–00; 8:45 am] (Catalogue of Federal Domestic Assistance Program Nos. 93.242, Mental Health Research [FR Doc. 00–12897 Filed 5–22–00; 8:45 am] BILLING CODE 4140±01±M Grants; 93.281, Scientist Development BILLING CODE 4140±01±M Award, Scientist Development Award for Clinicians, and Research Scientist Award; DEPARTMENT OF HEALTH AND 93.282, Mental Health National Research DEPARTMENT OF HEALTH AND HUMAN SERVICES Service Awards for Research Training, HUMAN SERVICES National Institutes of Health, HHS) National Institutes of Health National Institutes of Health; National Dated: May 16, 2000. Institute of Allergy and Infectious National Institute of Mental Health; LaVerne Y. Stringfield, Diseases; Notice of Meeting Notice of Closed Meetings Director, Office Federal Advisory Committee Policy. Pursuant to section 10(d) of the Pursuant to section 10(d) of the [FR Doc. 00–12901 Filed 5–22–00; 8:45 am] Federal Advisory Committee Act, as Federal Advisory Committee Act, as BILLING CODE 4140±01±M amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice is hereby given of the following is hereby given of the following meeting. meetings. DEPARTMENT OF HEALTH AND The meeting will be open to the The meetings will be closed to the HUMAN SERVICES public as indicated below, with public in accordance with the attendance limited to space available. provisions set forth in sections National Institutes of Health Individuals who plan to attend and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institute of Diabetes and need special assistance, such as sign as amended. The grant applications and Digestive and Kidney Diseases; Notice language interpretation or other the discussions could disclose of Closed Meetings reasonable accommodations, should confidential trade secrets or commercial notify the Contact Person listed below property such as patentable material, Pursuant to section 10(d) of the in advance of meeting. and personal information concerning Federal Advisory Committee Act, as The meeting will be closed to the individuals associated with the grant amended (5 U.S.C. Appendix 2), notice public in accordance with the applications, the disclosure of which is hereby given of the following provisions set forth in sections would constitute a clearly unwarranted meetings. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. The meetings will be closed to the as amended. The grant applications and Name of Committee: National Institute of public in accordance with the the discussions could disclose Mental Health Special Emphasis Panel. provisions set forth in sections confidential trade secrets or commercial Date: June 14, 2000. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., property such as patentable material, Time: 8:30 A.M. to 2:30 P.M. as amended. The grant applications and and personal information concerning Agenda: To review and evaluate grant the discussions could disclose individuals associated with the grant applications. confidential trade secrets or commercial Place: Holiday Inn Bethesda, 8120 applications, the disclosure of which property such as patentable material, Wisconsin Avenue, Bethesda, MD 20814. and personal information concerning would constitute a clearly unwarranted Contact Person: Richard E. Weise, invasion of personal privacy. Scientific Review Administrator, National individuals associated with the grant applications, the disclosure of which Name of Committee: Microbiology and Institute of Mental Health, NIH, 6001 Infectious Diseases Research Committee. Executive Boulevard, Room 6206, MSC 9619, would constitute a clearly unwarranted Date: June 22–23, 2000. Bethesda, MD 20892–9619, 301–443–7281. invasion of personal privacy. Open: June 22, 2000, 9 a.m. to 10 a.m. Name of Committee: National Institute of Name of Committee: National Institute of Agenda: Reports from various Institute Mental Health Special Emphasis Panel. Diabetes and Digestive and Kidney Diseases staff. Date: June 14, 2000. Initial Review Group Kidney, Urologic and Place: Georgetown Holiday Inn, Mirage I Time: 2:30 P.M. to 5:30 P.M. Hematologic Diseases D Subcommittee. Room, 2101 Wisconsin Avenue, Washington, Agenda: To review and evaluate grant Date: June 8–9, 2000. DC 20007. applications. Time: 12 p.m. to 5 p.m. Closed: June 22, 2000, 10 a.m. to Place: Holiday Inn Bethesda, 8120 Agenda: To review and evaluate grant adjournment. Wisconsin Avenue, Bethesda, MD 20814. applications. Agenda: To review and evaluate grant Contact Person: Richard D. Weise, Place: Double Tree Hotel, 1750 Rockville applications. Scientific Review Administrator, National Pike, Rockville, MD 20852. Place: Georgetown Holiday Inn, Mirage I Institute of Mental Health, NIH, 6001 Contact Person: Ann A. Hagan, PhD, Room, 2101 Wisconsin Avenue, Washington, Executive Boulevard, Room 6206, MSC 9619, Scientific Review Administrator, Review DC 20007. Bethesda, MD 20892–9619, 301–443–7281. Branch, DEA, NIDDK, National Institutes of VerDate 11 Health, Building 45, Bethesda, MD 20892, would constitute a clearly unwarranted Name of Committee: Center for Scientific (301) 594–8886. invasion of personal privacy. Review Special Emphasis Panel SSS–K 02 S. Name of Committee: National Institute of Date: June 5, 2000. Name of Committee: Cell Development and Diabetes and Digestive and Kidney Diseases Time: 8:30 a.m. to 5 p.m. Function Integrated Review Group, Cell Initial Review Group Diabetes, Agenda: To review and evaluate grant Endocrinology anhd Metabolic Diseases B Development and Function 2. applications. Subcommittee. Date: June 1–2, 2000. Place: River Inn, 924 25th Street, NW, Date: June 9, 2000. Time: 8 a.m. to 5:30 p.m. Washington, DC 20037. Time: 8:30 a.m. to 5 p.m. Agenda: To review and evaluate grant Contact Person: Lawrence N. Yager, PhD, Agenda: To review and evaluate grant applications. Scientific Review Administrator, Center for applications. Place: Chevy Chase Holiday Inn, 5520 Scientific Review, National Institutes of Place: Bethesda Ramada, Inn., 8400 Wisconsin Ave., Chevy Chase, MD 20815. Health, 6701 Rockledge Drive, Room 4200, Wisconsin Ave, Bethesda, MD 20814. Contact Person: Ramesh K. Nayak, PhD, MSC 7808, Bethesda, MD 20892, 301–435– Contact Person: Ned Feder, MD, Scientific Scientific Review Administrator, Center for 0903, [email protected] Review Administrator, Review Branch, DEA, Scientific Review, National Institutes of Name of Committee: Center for Scientific NIDDK, Room 645, 6707 Democracy Health, 6701 Rockledge Drive, Room 5146, Review Special Emphasis Panel. Boulevard, National Institutes of Health, MSC 7840, Bethesda, MD 20892, (301) 435– Date: June 6–7, 2000. Bethesda, MD 20892. 1026. Time: 8:30 a.m. to 5 p.m. Name of Committee: National Institute of This notice is being published less than 15 Agenda: To review and evaluate grant Diabetes and Digestive and Kidney Diseases days prior to the meeting due to the timing applications. Initial Review Group, Digestive Diseases and limitations imposed by the review and Place: Clarion Hampshire Hotel, 1310 New Nutrition C Subcommittee. funding cycle. Hampshire Ave, NW, Washington, DC 20036. Date: June 13–14, 2000. Name of Committee: Molecular, Cellular Contact Person: Jay Joshi, PhD, Scientific Time: 8:30 a.m. to 5 p.m. and Developmental Neuroscience Integrated Review Administrator, Center for Scientific Agenda: To review and evaluate grant Review Group Visual Sciences C Study Review, National Institutes of Health, 6701 applications. Section. Rockledge Drive, Room 5184, MSC 7846, Place: Holiday Inn—Bethesda, 8120 Date: June 1–2, 2000. Bethesda, MD 20892, (301) 435–1184. Wisconsin Avenue, Bethesda, MD 20814. Time: 8:30 a.m. to 5 p.m. Name of Committee: Cardiovascular Contact Person: Dan Matsumoto, PhD, Agenda: To review and evaluate grant Sciences Integrated Review Group Pathology Scientific Review Administrator, Review applications. A Study Section. Branch, DEA, NIDDK, Room 649, 6707 Place: Doyle Washington Hotel, 1500 New Date: June 6–7, 2000. Democracy Boulevard, National Institutes of Hampshire Ave., NW, Washington, DC Time: 8:30 a.m. to 5 p.m. Health, Bethesda, MD 20892–6600, (301) 20036. Agenda: To review and evaluate grant 594–8894. Contact Person: Carole L. Jelsema, PhD, applications. (Catalogue of Federal Domestic Assistance Chief, MDCN Scientific Review Group, Place: Wyndham City Center, 1143 New Program Nos. 93.847, Diabetes, Center for Scientific Review, National Hampshire Avenue NW, Washington, DC Endocrinology and Metabolic Research; Institutes of Health, 6701 Rockledge Drive, 20037. 93.848, Digestive Diseases and Nutrition Room 5210, MSC 7850, Bethesda, MD 20892, Contact Person: Larry Pinkus, PhD, Research; 93.849, Kidney Diseases, Urology (301) 435–1249, [email protected]. Scientific Review Administrator, Center for and Hematology Research, National Institutes This notice is being published less than 15 Scientific Review, National Institutes of of Health, HHS) days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 4132, Dated: May 12, 2000. limitations imposed by the review and MSC 7802, Bethesda, MD 20892, (301) 435– 1214. LaVerne Y. Stringfield, funding cycle. (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory Name of Committee: Center for Scientific Review Special Emphasis Panel. Program Nos. 93.306, Comparative Medicine, Committee Policy. 93.306; 93.333, Clinical Research, 93.333, [FR Doc. 00–12904 Filed 5–22–00; 8:45 am] Date: June 4–6, 2000. Time: 7 p.m. to 4 p.m. 93.337, 93.393–93.396, 93.837–93.844, BILLING CODE 4140±01±M Agenda: To review and evaluate grant 93.846–93.878, 93.892, 93.893, National applications. Institutes of Health, HHS) Place: Sheraton Chapel Hill, One Europa Dated: May 16, 2000. DEPARTMENT OF HEALTH AND Drive, Chapel Hill, NC 27514. HUMAN SERVICES Contact Person: Lee Rosen, PhD, Scientific LaVerne Y. Stringfield, Review Administrator, Center for Scientific Director, Office of Federal Advisory National Institutes of Health Review, National Institutes of Health, 6701 Committee Policy. Rockledge Drive, Room 5116, MSC 7854, [FR Doc. 00–12890 Filed 5–22–00; 8:45 am] Center for Scientific Review; Notice of Bethesda, MD 20892, (301) 435–1171. BILLING CODE 4140±01±M Closed Meetings This notice is being published less than 15 days prior to the meeting due to the timing Pursuant to section 10(d) of the limitations imposed by the review and DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as funding cycle. HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice Name of Committee: Center for Scientific is hereby given of the following Review Special Emphasis Panel. Public Health Service meetings. Date: June 5, 2000. The meetings will be closed to the Time: 8 a.m. to 5:30 p.m. Meeting: National Toxicology Program; public in accordance with the Agenda: To review and evaluate grant Center for Evaluation of Risks to applications. provisions set forth in sections Human Reproduction 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: Georgetown Suites Hotel-Harbor as amended. The grant applications and Building, 1000 29th Street NW, Washington, National Toxicology Program (NTP), the discussions could disclose DC 20007. National Institute of Environmental Contact Person: Eugene Vigil, PhD, confidential trade secrets or commercial Scientific Review Administrator, Center for Health Sciences (NIEHS), Center for the property such as patentable material, Scientific Review, National Institutes of Evaluation of Risks to Human and personal information concerning Health, 6701 Rockledge Drive, Room 5144, Reproduction, announces an Expert individuals associated with the grant MSC 7840, Bethesda, MD 20892, (301) 435– Panel Meeting to complete a review of applications, the disclosure of which 1025. seven phthalates. The review will take VerDate 11 VerDate 11 4:15–4:45 pm—Public Comments planning of this meeting, those wishing For other questions or additional 4:45–5:00 pm—Closing Remarks to make public comments are asked to information about the meeting, please 5:00 pm—Adjourn submit their comments in writing, contact Ms. Peggy Sheren at CERHR, provide an electronic copy, and notify Abbreviations: 1800 Diagonal Road, Suite 500, Ms. Sheren, (see below) no later than Alexandria, VA 22314–2808, Phone: BBP—butyl benzyl phthalate (85–68–7) June 30, 2000. Please reference the (703) 838–9440, [email protected]. DEHP—di(2-ethylhexyl) phthalate (117– specific draft phthalate report the Dated: May 12, 2000. 81–7) comments address. Provide your name, Samuel H. Wilson, DIDP-di-isodecyl phthalate (26761–40– affiliation, mailing address, phone, fax, 0, 68515–49–1) e-mail and sponsoring organization (if Deputy Director, National Institute of Environmental Health Sciences. DINP—di-isononyl phthalate (28553– any) and send a copy of the statement 12–0, 68515–48–0) or talking points to Ms. Sheren. This [FR Doc. 00–12908 Filed 5–22–00; 8:45 am] DBP—di-n-butyl phthalate (84–74–2) information will be provided to the BILLING CODE 4140±01±U DnHP—di-n-hexyl phthalate (84–75–3) Panel and will assist the Chair and DnOP—di-n-octyl phthalate (117–84–0) Panel Members in identifying issues for DEPARTMENT OF HEALTH AND discussion. Registration for public Reports Available for Public Review HUMAN SERVICES comments will also be available on-site Based on deliberations at the previous (7:30—8:30 a.m.). Those registering on meetings. Expert Panel Reports are Substance Abuse and Mental Health site are asked to bring 40 copies of their Services Administration currently being finalized. Each Report is statement or talking points. composed of the following sections: A written statement may be submitted Fiscal Year (FY) 2000 Funding 1.0 Exposure in lieu of making an oral presentation. Opportunities 2.0 General Toxicological and These written comments should be Biological Parameters received by Ms. Sheren no later than AGENCY: Substance Abuse and Mental 3.0 Developmental Toxicity Data June 30 in order for them to be Health Services Administration, HHS. 4.0 Reproductive Toxicity Data considered at the July 12–13 meeting. 5.0 Data Summary & Integration Persons sending written comments are ACTION: Notice of Funding Availability. 5.1 Summary (Sections 1–4) asked to provide their name, affiliation, 5.2 Integrated Evaluation mailing address, phone, fax, e-mail and SUMMARY: The Substance Abuse and 5.3 Critical Data Needs sponsoring organization (if any) and Mental Health Services Administration All sections of the reports for DIDP, provide an electronic copy. Please (SAMHSA) Center for Substance Abuse DINP, DnHP and DnOP will be available reference the specific draft phthalate Treatment (CSAT) announces the to the public after May 15 and for DBP, report the comments address. availability of FY 2000 funds for grants BBP and DEHP after June 1. They can Following this meeting, there will be for the following activity. This activity be obtained electronically on the another opportunity for written is discussed in more detail under CERHR website (http:// comment on each Expert Panel Report. section 3 of this notice. This notice is cerhr.niehs.nih.gov) or in hardcopy by These public comments will be not a complete description of the contacting Ms. Sheren at the address considered in the final NTP Center activity; potential applicants must given below. Report prepared by the NTP staff and obtain a copy of the Program subsequently distributed to Federal and Announcement, including Part I, Solicitation of Public Comments State Agencies, interested stakeholders Programmatic Guidance for Grants to As shown on the above preliminary and the public. Expand Substance Abuse Treatment agenda, time is allotted at this meeting An index of written public comments Capacity in Targeted Areas of Need, and for public comments (seven minutes per will be posted on the CERHR website Part II, General Policies and Procedures speaker). It is expected that comments (http://cerhr.niehs.nih.gov). This index Applicable to all SAMHSA Applications will be directed to the specific portions and copies of specific public comments for Discretionary Grants and of the reports being discussed by the may be obtained by contacting Ms. Cooperative Agreements, before Expert Panel. In order to facilitate Sheren. preparing an application. Activity Application deadline Est. funds FY 2000 Est. No. of awards Project period HIV Services Integration Plan- July 28, 2000 ...... up to $3.5 million ...... 25±30 ...... 1 year ning Grants. The actual amount available for The Public Health Service (PHS) is of Healthy People 2000 (Full Report: awards and their allocation may vary, committed to achieving the health Stock No. 017–001–00474–0) or depending on unanticipated program promotion and disease prevention Summary Report: Stock No. 017–001– requirements and the number and objectives of Healthy People 2000, a 00473–1) through the Superintendent of quality of applications received. FY PHS-led national activity for setting Documents, Government Printing 2000 funds for the activity discussed in priority areas. The SAMHSA Centers’ Office, Washington, DC 20402–9325 this announcement were appropriated substance abuse and mental health (Telephone: 202–512–1800). by the Congress under Public Law 106– services activities address issues related SAMHSA will publish additional 113. SAMHSA’s policies and to Healthy People 2000 objectives of notices of available funding procedures for peer review and Mental Health and Mental Disorders; opportunities for FY 2000 in subsequent Advisory Council review of grant and Alcohol and Other Drugs; Clinical issues of the Federal Register. cooperative agreement applications Preventive Services; HIV Infection; and General Instructions: Applicants must were published in the Federal Register Surveillance and Data Systems. use application form PHS 5161–1 (Rev. (Vol. 58, No. 126) on July 2, 1993. Potential applicants may obtain a copy 6/99; OMB No. 0920–0428). The VerDate 11 VerDate 11 Prevention (CDC) HIV/AIDS State and local governments and Dated: May 17, 2000. surveillance reports. Indian Tribal Authority applicants are Richard Kopanda, • Amount: It is estimated that up to not subject to the Public Health System Executive Officer, SAMHSA. $3.5 million will be available to support Reporting Requirements. [FR Doc. 00–12910 Filed 5–22–00; 8:45 am] 25 to 30 grants under this Application guidance materials will BILLING CODE 4162±20±P announcement in fiscal year 2000. The specify if a particular FY 2000 activity average award is expected to range from is subject to the Public Health System $100,000 to $150,000 in total costs DEPARTMENT OF THE INTERIOR (direct and indirect). Reporting Requirements. • Period of Support: Grants will be 5. PHS Non-use of Tobacco Policy Salinas River National Wildlife Refuge awarded for a period for 12 months. Statement • Catalog of Federal Domestic AGENCY: Fish and Wildlife Service. Assistance Number: 93.230. The PHS strongly encourages all grant ACTION: Notice of Intent to Prepare a • Program Contact: For questions and contract recipients to provide a Comprehensive Conservation Plan and concerning program issues, contact: smoke-free workplace and promote the Associated National Environmental David C. Thompson, Clinical non-use of all tobacco products. In Policy Act Document for Salinas River Interventions and Organizational addition, Public Law 103–227, the Pro- National Wildlife Refuge, Monterey Models Branch, Division of Practice and Children Act of 1994, prohibits smoking County, California. Systems Development, Center for in certain facilities (or in some cases, SUMMARY: The Fish and Wildlife Service Substance Abuse Treatment, SAMHSA, any portion of a facility) in which Rockwall II, Suite 740, 5600 Fishers (Service) is preparing a Comprehensive regular or routine education, library, Lane, Rockville, MD 20857, (301) 443– Conservation Plan (CCP) and National day care, health care, or early childhood 6523, E-Mail: [email protected]. Environmental Policy Act (NEPA) For questions regarding grants development services are provided to document for Salinas River National management issues, contact: Kathleen children. This is consistent with the Wildlife Refuge. This notice advises the Sample, Division of Grants PHS mission to protect and advance the public that the Service intends to gather Management, OPS, Substance Abuse physical and mental health of the information necessary to prepare a CCP and Mental Health Services American people. and environmental documents pursuant to the National Wildlife Refuge System Administration, Rockwall II, 6th floor, 6. Executive Order 12372 5600 Fishers Lane, Rockville, MD Administration Act of 1966, as 20857, (301) 443–9667, E-Mail: Applications submitted in response to amended, and NEPA. The public is [email protected]. the FY 2000 activity listed above are invited to participate in the planning • Application kits are available from: subject to the intergovernmental review process. The Service is furnishing this National Clearinghouse for Alcohol and requirements of Executive Order 12372, notice in compliance with the Service Drug Information (NCADI), P.O. Box as implemented through DHHS CCP policy to advise other agencies and 2345, Rockville, MD 20847–2345, regulations at 45 CFR Part 100. E.O. the public of our intentions, and obtain Telephone: 1–800–729–6686. 12372 sets up a system for State and suggestions and information on the scope of issues to include in the local government review of applications 4. Public Health System Reporting environmental document. Requirements for Federal financial assistance. Applicants (other than Federally DATES: To ensure that the Service has The Public Health System Impact adequate time to evaluate and Statement (PHSIS) is intended to keep recognized Indian tribal governments) should contact the State’s Single Point incorporate suggestions and other input State and local health officials apprised into the planning process, comments of Contact (SPOC) as early as possible to of proposed health services grant and should be received by June 22, 2000. A alert them to the prospective cooperative agreement applications public meeting to solicit comments on application(s) and to receive any submitted by community-based the contents of the CCP and the vision nongovernmental organizations within necessary instructions on the State’s of the refuge for the next 15 years will their jurisdictions. review process. For proposed projects be held on June 1, 2000. Community-based nongovernmental serving more than one State, the ADDRESSES: Send written comments or applicant is advised to contact the SPOC service providers who are not requests to be added to the mailing list of each affected State. A current listing transmitting their applications through to the following address: Christopher of SPOCs is included in the application the State must submit a PHSIS to the Barr, Refuge Manager—Salinas River head(s) of the appropriate State and guidance materials. The SPOC should NWR, San Francisco Bay National local health agencies in the area(s) to be send any State review process Wildlife Refuge Complex, P.O. Box 524, affected not later than the pertinent recommendations directly to: Division Newark, California 94560. The scoping receipt date for applications. This of Extramural Activities, Policy, and meeting will be held at California State PHSIS consists of the following Review, Substance Abuse and Mental University-Monterey, 100 Campus information: Health Services Administration, Center, Building 29, Rooms 114–116, a. A copy of the face page of the Parklawn Building, Room 17–89, 5600 Seaside, California from 6 to 8 p.m. application (Standard form 424). Fishers Lane, Rockville, Maryland FOR FURTHER INFORMATION CONTACT: b. A summary of the project (PHSIS), 20857. not to exceed one page, which provides: Christopher Barr, Refuge Manager, (510) (1) A description of the population to The due date for State review process 792–4074 or 0222. be served. recommendations is no later than 60 SUPPLEMENTARY INFORMATION: The (2) A summary of the services to be days after the specified deadline date for National Wildlife Refuge System provided. the receipt of applications. SAMHSA Administration Act of 1966, as amended (3) A description of the coordination does not guarantee to accommodate or in 1997, mandates that all lands within planned with the appropriate State or explain SPOC comments that are the National Wildlife Refuge System are local health agencies. received after the 60-day cut-off. to be managed in accordance with an VerDate 11 VerDate 11 DEPARTMENT OF THE INTERIOR afforded in connection with the Corporation, and the Aleutian Pribilof proposed withdrawal. All interested Islands Association, Inc. Bureau of Land Management persons who desire a public meeting for In 1943, human remains representing [WY±920±1430±06; WYW 147724] the purpose of being heard on the one individual were uncovered during a proposed withdrawal must submit a legally authorized runway construction Notice of Proposed Withdrawal and written request to the Wyoming State project on Shemya Island, AK Opportunity for Public Meeting; Director within 90 days from the date of conducted by Mr. C.B. Kimbrough, a Wyoming publication of this notice. Upon contracted civil engineer with the Baker determination by the authorized officer Engineering Company, Rochester, PA. In AGENCY: Bureau of Land Management, that a public meeting will be held, a 1944, these human remains were Interior. notice of time and place will be donated by Mr. Kinbrough to the Dakota ACTION: Notice. published in the Federal Register at Museum, University of South Dakota, least 30 days before the scheduled date Vermillion, SD (now known as the W.H. SUMMARY: The Bureau of Land of the meeting. Over Museum). No known individual Management (BLM) proposes to The application will be processed in was identified. The 32 associated withdraw approximately 61.45 acres of accordance with the regulations set funerary objects include stone projectile public land in Fremont County, to forth in 43 CFR Part 2300. points and animal bone tools related to protect capital improvements of the For a period of 2 years from the date sea and land hunting and fishing. Bridge Station Campground site. This of publication of this notice in the Based on the geographic location and notice closes the land for up to 2 years Federal Register, the land will be material culture, this individual has from surface entry and mining. The segregated as specified above unless the been identified as Native American, lands are not available for mineral application is denied or canceled or the most likely affiliated with the Aleut leasing in accordance with the BLM’s withdrawal is approved prior to that culture. The determination of cultural Green River Resource Management Plan. date. Licenses, permits, cooperative affiliation has been based upon the DATES: Comments and requests for a agreements, or discretionary land use relative geographic isolation of Shemya public meeting must be received by authorizations of a temporary nature Island, archeological evidence from the August 21, 2000. which will not significantly impact the Shemya Island region, past and present ADDRESSES: Comments and requests values to be protected by the Aleut oral tradition, historical evidence, should be sent to the BLM Wyoming withdrawal may be allowed with the and expert anthropological opinion. State Director, P.O. Box 1828, approval of an authorized officer of the These forms of evidence all indicate that Cheyenne, Wyoming 82003–1828. BLM during the segregative period. Aleut people were the sole pre-contact (pre-1741 A.D.) occupants of Shemya FOR FURTHER INFORMATION CONTACT: Dated: May 12, 2000. Janet Booth, BLM Wyoming State Office, Island. Alan R. Pierson, Based on the above mentioned 307–775–6124, or Stan McKee, BLM State Director. information, officials of the 611th Air Rock Springs Field Office Manager, 280 [FR Doc. 00–12885 Filed 5–22–00; 8:45 am] Force Group, USAF have determined Highway 191 North, Rock Springs, that, pursuant to 43 CFR 10.2 (d)(1), the Wyoming 82901, 307–352–0256. BILLING CODE 4310±22±U human remains listed above represent SUPPLEMENTARY INFORMATION: On April the physical remains of one individual 28, 2000, a petition/application was DEPARTMENT OF THE INTERIOR of Native American ancestry. Officials of approved allowing the BLM to file an the 611th Air Force Group, USAF have application to withdraw the following National Park Service also determined that, pursuant to 43 described public land from settlement, CFR 10.2 (d)(2), the 32 objects listed sale, location, or entry under the general REVISIONÐNotice of Inventory above are reasonably believed to have land laws, including the mining laws, Completion for Native American been placed with or near individual subject to valid existing rights: Human Remains and Associated human remains at the time of death or Funerary Objects in the Possession of Sixth Principal Meridian later as part of the death rite or the 611th Air Support Group, United ceremony. Lastly, officials of the 611th T. 29 N., R. 102 W., States Air Force, Elmendorf Air Force Air Force Group, USAF have Sec. 5, W1⁄2 of Lot 3, Lot 4. Base, AK determined that, pursuant to 43 CFR The area described contains AGENCY: National Park Service. 10.2 (e), there is a relationship of shared approximately 61.45 acres in Fremont ACTION: Notice. group identity which can be reasonably County. traced between these Native American The purpose of the proposed Notice is hereby given in accordance human remains and associated funerary withdrawal is to protect the capital with provisions of the Native American objects and the Aleut Corporation. improvements associated with Graves Protection and Repatriation Act This notice has been sent to officials development and maintenance of the (NAGPRA), 43 CFR 10.9, of the of the Aleut Corporation, and the Bridge Station Campground site completion of an inventory of human Aleutian Pribilof Islands Association, pending further study and possibly remains and associated funerary objects Inc. Representatives of any other Indian longer-term actions. in the possession of 611th Air Support tribe that believes itself to be culturally For a period of 90 days from the date Group, United States Air Force, affiliated with these human remains and of publication of this notice, all persons Elmendorf Air Force Base, AK. associated funerary objects should who wish to submit comments, A detailed assessment of the human contact Captain Christopher A. Pleiman, suggestions, or objections in connection remains was made by the W.H. Over Cultural Resources Manager, 611th Air with the proposed withdrawal may Museum, South Dakota State Support Group, U.S. Air Force, 6900 9th present their views in writing to the Archeological Research Center, and Street, Ste. 360, Elmendorf AFB, AK undersigned officer of the BLM. 611th Air Support Group, USAF 99506-2270; telephone: (907) 552-7442, Notice is hereby given that an professional staff in consultation with before June 22, 2000. Repatriation of the opportunity for a public meeting is representatives of the Aleut human remains and associated funerary VerDate 11 VerDate 11 VerDate 11 Based on the above mentioned Graves Protection and Repatriation Act and the Lower Sioux Indian Community information, officials of the National (NAGPRA), 43 CFR 10.9, of the of Minnesota Mdewakanton Sioux Museum of Health and Medicine, completion of an inventory of human Indians of the Lower Sioux Reservation Armed Forces Institute of Pathology remains from Mankato, MN in the in Minnesota; the Spirit Lake Tribe, have determined that, pursuant to 43 possession of the Public Museum of North Dakota; the Shakopee CFR 10.2 (d)(1), the human remains Grand Rapids, Grand Rapids, MI. Mdewakanton Sioux Community of listed above represent the physical A detailed assessment of the human Minnesota; and the Prairie Island Indian remains of three individuals of Native remains was made by Public Museum of Community of Minnesota Mdewakanton American ancestry. Officials of the Grand Rapids professional staff in Sioux Indians of the Prairie Island National Museum of Health and consultation with representatives of the Reservation, Minnesota. Medicine, Armed Forces Institute of Lower Sioux Indian Community of This notice has been sent to officials Pathology have also determined that, Minnesota Mdewakanton Sioux Indians of the Lower Sioux Indian Community pursuant to 43 CFR 10.2 (e), there is a of the Lower Sioux Reservation in of Minnesota Mdewakanton Sioux relationship of shared group identity Minnesota; the Spirit Lake Tribe, North Indians of the Lower Sioux Reservation which can be reasonably traced between Dakota; the Shakopee Mdewakanton in Minnesota; the Spirit Lake Tribe, these Native American human remains Sioux Community of Minnesota; and the North Dakota; the Shakopee and Hui Malama I Na Kupuna O Hawai’i Prairie Island Indian Community of Mdewakanton Sioux Community of Nei, Kauai/Niihau Island Burial Minnesota Mdewakanton Sioux Indians Minnesota; and the Prairie Island Indian Council, Molokai Island Burial Council, of the Prairie Island Reservation, Community of Minnesota Mdewakanton Hawai’i Island Burial Council, and the Minnesota. Sioux Indians of the Prairie Island Around 1915, human remains Office of Hawaiian Affairs Reservation, Minnesota. Representatives representing one individual were This notice has been sent to officials of any other Indian tribe that believes obtained from G.S. Knapp of Chicago, IL of Hui Malama I Na Kupuna O Hawai’i itself to be culturally affiliated with by the Public Museum of Grand Rapids Nei, Kauai/Niihau Island Burial these human remains or lineal by an unknown method. This individual Council, Molokai Island Burial Council, descendants of Maripiya Okinajin has been identified as Marpiya Okinajin, Hawai’i Island Burial Council, and the should contact Timothy J. Chester, Office of Hawaiian Affairs. a Dakota man executed in 1862 following the United States—Dakota Director, Public Museum of Grand Representatives of any other Indian tribe Rapids, 272 Pearl NW, Grand Rapids, that believes itself to be culturally War. No associated funerary objects are present. MI 49504; telephone: (616) 456-3511, affiliated with these human remains before June 22, 2000. Repatriation of the should contact Dr. Lenore Barbian, The identification of these human remains as those of Marpiya Okinajin is human remains to the Lower Sioux Collection Manager, National Museum based on a note found with the remains Indian Community of Minnesota of Health and Medicine, Armed Forces indicating it is a piece of skin from Mdewakanton Sioux Indians of the Institute of Pathology, Walter Reed ‘‘Chief Cut Nose’’, an alleged leader of Lower Sioux Reservation in Minnesota Army medical Center, Bldg. 54, the ‘‘New Ulm Massacre’’. Historic may begin after that date if no Washington, DC 20036; telephone: (202) documents confirm that Marpiya additional claimants come forward. 782–2203; email: [email protected] , Okinajin was among the 38 men Dated: May 8, 2000. before June 22, 2000. Repatriation of the executed by the U.S. government on human remains to Hui Malama I Na Francis P. McManamon, December 26, 1862 at Mankato, MN. Kupuna O Hawai’i Nei may begin after Departmental Consulting Archeologist, ‘‘Cut Nose’’ was used as the translation that date if no additional claimants Manager, Archeology and Ethnography of Marpiya Okinajin by Americans at Program. come forward. the time. Further information indicates The National Park Service is not [FR Doc. 00–12849 Filed 5–22–00; 8:45 am] that following his execution, this piece responsible for the determinations BILLING CODE 4310±70±F of Marpiya Okinajin’s skin was removed within this notice. from his body by a ‘‘Dr. Sheardown.’’ Dated: May 8, 2000. There is no information to indicate DEPARTMENT OF THE INTERIOR Francis P. McManamon, these human remains are not those of Departmental Consulting Archeologist, Marpiya Okinajin. No verified lineal National Park Service Manager, Archeology and Ethnography descendants have come forward, and a Program. claim of cultural affiliation has been Notice of Intent To Repatriate Cultural [FR Doc. 00–12851 Filed 5–22–00; 8:45 am] submitted by representatives of the Items in the Possession of the San BILLING CODE 4310±70±F Lower Sioux Indian Community of Diego Archaeological Center, San Minnesota Mdewakanton Sioux Indians Diego, CA of the Lower Sioux Reservation in AGENCY: DEPARTMENT OF THE INTERIOR Minnesota. National Park Service. Based on the above mentioned ACTION: Notice. National Park Service information, officials of the Public Museum of Grand Rapids have Notice is hereby given under the Notice of Inventory Completion for determined that, pursuant to 43 CFR Native American Graves Protection and Native American Human Remains from 10.2 (d)(1), the human remains listed Repatriation Act, 43 CFR 10.10 (a)(3), of Mankato, MN in the Possession of the above represent the physical remains of the intent to repatriate cultural items in Public Museum of Grand Rapids, one individual of Native American the possession of the San Diego Grand Rapids, MI ancestry. Officials of the Public Museum Archaeological Center, San Diego, CA AGENCY: National Park Service. of Grand Rapids have determined that, which meet the definition of ‘‘unassociated funerary object’’ under ACTION: Notice. pursuant to 43 CFR 10.2 (e), there is a relationship of shared group identity Section 2 of the Act. Notice is hereby given in accordance which can be reasonably traced between The 11 cultural items are projectile with provisions of the Native American these Native American human remains points and four bags of loose beads. VerDate 11 In 1973, the Santee Greens site (CA Band of Diegueno Mission Indians of Dated: May 8, 2000. Sdi 5699) was excavated prior to California. Francis P. McManamon, residential development by This notice has been sent to officials Departmental Consulting Archeologist, Archaeological Consulting Technology, of the Kumeyaay Cultural Repatriation Manager, Archeology and Ethnography Program. Inc. (ACT) under contract with Time for Committee, the Campo Band of Living, Inc. ACT stored these cultural Diegueno Mission Indians of the Campo [FR Doc. 00–12850 Filed 5–22–00; 8:45 am] items until 1998, when collections Reservation, the Capitan Grande Band of BILLING CODE 4310±70±F including these cultural items were Diegueno Mission Indians of California, donated to the San Diego Archaeological the Barona Group of Capitan Grande Center, San Diego, CA. The human DEPARTMENT OF JUSTICE remains recovered with these cultural Band of Mission Indians of the Barona items were repatriated to the Cuyapaipe Reservation, the Viejas (Baron Long) Drug Enforcement Administration Community of Degueno Mission Indians Group of Capitan Grande Band of of the Cuyapaipe Reservation in 1973. Mission Indians of the Viejas Manufacturer of Controlled Based on geographic location and Reservation, the Cuyapaipe Community Substances; Notice of Registration archeological evidence, the Santee of Degueno Mission Indians of the By Notice dated February 14, 2000, Greens site has been identified as a Cuyapaipe Reservation, the Inaja Band and published in the Federal Register Kumeyaay village site dating to the Late of Diegueno Mission Indians of the Inaja on February 22, 2000, (65 FR 35), Isotec Archaic period (c. 760–1030 A.D.). and Cosmit Reservation, the La Posta Inc., 3858 Benner Road, Miamisburg, Based on site information, excavation Band of Diegueno Mission Indians of Ohio 45342, made application by records, and manner of interment, these the La Posta Reservation, the Manzanita renewal to the Drug Enforcement cultural items have been identified as Band of Diegueno Mission Indians of Administration (DEA) to be registered as unassociated funerary objects. the Manzanita Reservation, the Jamul a bulk manufacturer of the basic classes Archeological literature and continuity Indian Village, the Mesa Grande Band of of controlled substances listed below: of occupation indicates cultural Diegueno Mission Indians of the Mesa affiliation with the Kumeyaay tribes. Grande Reservation, the San Pasqual Sched- Based on the above mentioned Band of Diegueno Mission Indians of Drug ule information, officials of the San Diego California, the Santa Ysabel Band of Archaeological Center have determined Diegueno Mission Indians of the Santa Cathinone (1235) ...... I that, pursuant to 43 CFR 10.2(d)(2)(ii), Ysabel Reservation, and the Sycuan Methcathinone(1237) ...... I these 11 cultural items are reasonably Band of Diegueno Mission Indians of N-Ethylamphetamine (1475) ...... I N-N-Dimethylamphetamine (1480) ... I believed to have been placed with or California. Representatives of any other near individual human remains at the Aminorex (1585) ...... I Indian tribe that believes itself to be Methaqualone (2565) ...... I time of death or later as part of the death culturally affiliated with these objects Lysergic acid diethylamide (7315) .... I rite or ceremony and are believed, by a should contact Yvonne Lever, San Diego Tetrahydrocannabinols (7370) ...... I preponderance of the evidence, to have Archaeological Center, 334 Eleventh Mescaline (7381) ...... I been removed from a specific burial site Ave., San Diego, CA 92101; telephone: 2,5-Dimethoxyamphetamine (7396) .. I of an Native American individual. (619) 239–1868 before June 22, 2000. 3,4-Methylenedioxyamphetamine I Officials of the San Diego (7400). Repatriation of these objects to the 3,4-Methylenedioxy-N- I Archaeological Center have also Kumeyaay Cultural Repatriation determined that, pursuant to 43 CFR ethylamphetamine (7404). Committee on behalf of the Campo Band 10.2(e), there is a relationship of shared 3, 4,- I of Diegueno Mission Indians of the group identity which can be reasonably Methylenedioxymethamphetamine Campo Reservation, the Capitan Grande (7405). traced between these items and the Band of Diegueno Mission Indians of 4-Methoxyamphetamine (7411) ...... I Campo Band of Diegueno Mission California, the Barona Group of Capitan Psilocybin (7437) ...... I Indians of the Campo Reservation, the Psilocyn (7438) ...... I Capitan Grande Band of Diegueno Grande Band of Mission Indians of the Barona Reservation, the Viejas (Baron N-Ethyl-1-phenylcyclohexylamine I Mission Indians of California, the (7455). Barona Group of Capitan Grande Band Long) Group of Capitan Grande Band of Dihydromorphine (9145) ...... I of Mission Indians of the Barona Mission Indians of the Viejas Normorphine (9313) ...... I Reservation, the Viejas (Baron Long) Reservation, the Cuyapaipe Community Acetylmethadol (9601) ...... I Group of Capitan Grande Band of of Degueno Mission Indians of the Alphacetylmethadol Except Levo- I Mission Indians of the Viejas Cuyapaipe Reservation, the Inaja Band Alphacetylmethadol (9603). of Diegueno Mission Indians of the Inaja Normethadone (9635) ...... I Reservation, the Cuyapaipe Community 3-Methylfentanyl (9813) ...... I of Degueno Mission Indians of the and Cosmit Reservation, the La Posta Band of Diegueno Mission Indians of Amphetamine (1100) ...... II Cuyapaipe Reservation, the Inaja Band Methamphetamine (1105) ...... II of Diegueno Mission Indians of the Inaja the La Posta Reservation, the Manzanita Methylphenidate (1724) ...... II and Cosmit Reservation, the La Posta Band of Diegueno Mission Indians of Amobarbital (2125) ...... II Band of Diegueno Mission Indians of the Manzanita Reservation, the Jamul Pentobarbital (2270) ...... II the La Posta Reservation, the Manzanita Indian Village, the Mesa Grande Band of Secobarbital (2315) ...... II Band of Diegueno Mission Indians of Diegueno Mission Indians of the Mesa 1-Phenylcyclohexylamine (7460) ...... II the Manzanita Reservation, the Jamul Grande Reservation, the San Pasqual Phencyclidine (7471) ...... II Indian Village, the Mesa Grande Band of Band of Diegueno Mission Indians of Phenylacetone (8501) ...... II California, the Santa Ysabel Band of 1-Piperidinocyclohexanecarbonitrile II Diegueno Mission Indians of the Mesa (8603). Grande Reservation, the San Pasqual Diegueno Mission Indians of the Santa Codeine (9050) ...... II Band of Diegueno Mission Indians of Ysabel Reservation, and the Sycuan Dihydrocodeine (9120) ...... II California, the Santa Ysabel Band of Band of Diegueno Mission Indians of Oxycodone (9143) ...... II Diegueno Mission Indians of the Santa California may begin after that date if no Hydromorphone (9150) ...... II Ysabel Reservation, and the Sycuan additional claimants come forward. Benzoylecgonine (9180) ...... II VerDate 11 Sched- (1724), a basic class of controlled Sched- Drug ule substance listed in Schedule II. Drug ule The firm plans to manufacture Ethylmorphone (9190) ...... II finished product for distribution to its Alpha-Ethyltryptamine (7249) ...... I Hydrocodone (9193) ...... II customers. Lysergic acid diethylamide (7315) .... I Isomethadone (9226) ...... II Tetrahydrocannabinols (7370) ...... I Meperidine (9230) ...... II DEA has considered the factors in title Mescaline (7381) ...... I Methadone (9250) ...... II 21, United States Code, section 823(a) 3,4,5-Trimethoxyamphetamine I Methadone intermediate (9254) ...... II and determined that the registration of (7390). Dextropropoxyphene, bulk (non-dos- II Novartis Pharmaceutical Corporation to 4-Bromo-2,5-dimethoxyamphetamine I age forms) (9273). manufacture methylphenidate is (7391). Morphine (9300) ...... II consistent with the public interest at 4-Bromo-2,5- I Levo-Alphacetylmethadol (9648) ...... II this time. DEA has investigated Novartis dimethoxyphenethylamine (7392). Oxymorphone (9652) ...... II Pharmaceutical Corporation on a regular 4-Methyl-2,5-dimethoxyamphetamine I Fentanyl (9801) ...... II basis to ensure that the company’s (7395). 2,5-Dimethoxyamphetamine (7396) .. I The firm plans to manufacture small continued registration is consistent with 2,5-Dimethoxy-4-ethylamphetamine I quantities of the listed controlled the public interest. These investigations (7399). substances to produce standards for have included inspection and testing of 3,4-Methylenedioxyamphetamine I analytical laboratories. the company’s physical security (7400). DEA has considered the factors in systems, audits of the company’s 5-Methoxy-3,4- I Title 21, United States Code, Section records, verification of the company’s methylenedioxyamphetamine (7401). 823(a) and determined that the compliance with state and local laws, and a review of the company’s N-Hydroxy-3,4- I registration of Iostec, Inc. to methylenedioxyamphetamine manufacture the listed controlled background and history. Therefore, (7402). substances is consistent with the public pursuant to 21 U.S.C. 823 and 28 CFR 3,4-Methylenedioxy-N- I interest at this time. DEA has 0.100 and 0.104, the Deputy Assistant ethylamphetamine (7404). investigated the company on a regular Administrator, Office of Diversion 3,4- I basis to ensure that its continued Control, hereby orders that the Methylenedioxymethamphetamine registration is consistent with the public application submitted by the above firm (7405). interest. These investigations have for registration as a bulk manufacturer 4-Methoxyamphetamine (7411) ...... I included inspection and testing of the of the basic class of controlled substance Bufotenine (7433) ...... I listed above is granted. Diethyltryptamine (7434) ...... I company’s physical security systems, Dimethyltryptamine (7435) ...... I audits of the company’s records, Dated: May 12, 2000. Psilocybin (7437) ...... I verification of the company’s John H. King, Psilocyn (7438) ...... I compliance with state and local laws, Deputy Assistant Administrator, Office of Acetyldihydrocodeine (9051) ...... I and a review of the company’s Diversion Control, Drug Enforcement Benzylmorphine (9052) ...... I background and history. Therefore, Administration. Codeine-N-oxide (9053) ...... I Dihydromorphine (9145) ...... I pursuant to 21 U.S.C. 823 and 28 CFR [FR Doc. 00–12841 Filed 5–22–00; 8:45 am] 0.100 and 0.104, the Deputy Assistant Heroin (9200) ...... I BILLING CODE 4410±09±M Morphine-N-oxide (9307) ...... I Administrator, Office of Diversion Normorphine (9313) ...... I Control, hereby orders that the Pholcodine (9314) ...... I application submitted by the above firm DEPARTMENT OF JUSTICE Acetylmethadol (9601) ...... I for registration as a bulk manufacturer Allyprodine (9602) ...... I of the basic classes of controlled Drug Enforcement Administration Alphacetylmethadol except Levo- I substances listed above is granted. Alphacetylmethadol (9603). Alphameprodine (9604) ...... I Dated: May 12, 2000. Manufacturer of Controlled Substances; Notice of Application Alphamethadol (9605) ...... I John H. King, Betacetylmethadol (9607) ...... I Deputy Assistant Administrator, Office of Pursuant to Section 1301.33(a) of Title Betameprodine (9608) ...... I Diversion Control, Drug Enforcement 21 of the Code of Federal Regulations Betamethadol (9609) ...... I Administration. (CFR), this is notice that on March 30, Betaprodine (9611) ...... I [FR Doc. 00–12842 Filed 5–22–00; 8:45 am] 2000, Radian International LLC, 14050 Hydromorphinol (9627) ...... I Noracymethadol (9633) ...... I BILLING CODE 4410±09±M Summit Drive #121, P.O. Box 201088, Norlevorphanol (9634) ...... I Austin, Texas 78720–1088, made Normethadone (9635) ...... I application by renewal to the Drug DEPARTMENT OF JUSTICE Trimeperidine (9646) ...... I Enforcement Administration (DEA) for Para-Fluorofentanyl (9812) ...... I Drug Enforcement Administration registration as a bulk manufacturer of 3-Methylfentanyl (9813) ...... I the basic classes of controlled Alpha-methylfentanyl (9814) ...... I Manufacturer of Controlled substances listed below: Acetyl-alpha-methylfentanyl (9815) ... I Substances; Notice of Registration Beta-hydroxyfentanyl (9830) ...... I Beta-hydroxy-3-methyfentanyl (9831) I Drug Sched- By notice dated February 10, 2000, ule Alpha-Methylthiofentanyl (9832) ...... I and published in the Federal Register 3-Methylthiofentanyl (9833) ...... I on February 17, 2000, (65 FR 33), Cathinone (1235) ...... I Thiofentanyl (9835) ...... I Novartis Pharmaceutical Corporation, Methcathinone (1237) ...... I Amphetamine (1100) ...... II N-Ethylamphetamine (1475) ...... I Methamphetamine (1105) ...... II 59 Route 10, East Hanover, New Jersey N-N-Dimethylamphetamine (1480) ... I Phenmetrazine (1631) ...... II 07926, made application by renewal to Aminorex (1585) ...... I Methylphenidate (1724) ...... II the Drug Enforcement Administration 4-Methylaminorex (cis isomer) I Amobarbital (2125) ...... II (DEA) to be registered as a bulk (1590). Pentobarbital (2270) ...... II manufacturer of methylphenidate Methaqualone (2565) ...... I Secobarbital (2315) ...... II VerDate 11 Sched- Export Act (21 U.S.C. 958(i)), the Sched- Drug ule Attorney General shall, prior to issuing Drug ule a registration under this Section to a Glutethimide (2550) ...... II bulk manufacturer of a controlled Methadone (9250) ...... II Nabilone (7379) ...... II substance in Schedule I or II and prior Dextropropoxyphene, bulk (non-dos- II 1-Phenylcyclohexylamine (7460) ...... II age forms) (9273). Phencyclidine (7471) ...... II to issuing a regulation under Section 1002(a) authorizing the importation of Morphine (9300) ...... II 1-Piperid-inocyclohexanecarbonitrile II Thebaine (9333) ...... II such a substance, provide (8603). Opium powdered (9639) ...... II Alphaprodine (9010) ...... II manufacturers holding registrations for Oxymorphone (9652) ...... II Cocaine (9041) ...... II the bulk manufacture of the substance Fentanyl (9801) ...... II Codeine (9050) ...... II an opportunity for a hearing. Dihydrocodeine (9120) ...... II Therefore, in accordance with Section Oxycodone (9143) ...... II 1301.34 of Title 21, Code of Federal The firm plans to repackage and offer Hydromorphone (9150) ...... II Regulations (CFR), notice is hereby as pure standards controlled substances Diphenoxylate (9170) ...... II given that on January 10, 2000, Sigma in small milligram quantities for drug Benzoylecgonine (9180) ...... II Ethylmorphine (9190) ...... II Chemical Company, Subsidiary of testing and analysis. Hydrocodone (9193) ...... II Sigma-Aldrich Company, 3500 Dekalb Any manufacturer holding, or Levomethorphan (9210) ...... II Street, St. Louis, Missouri 63118, made applying for, registration as a bulk Levorphanol (9220) ...... II application to the Drug Enforcement manufacturer of these basic classes of Isomethadone (9226) ...... II Administration to be registered as an controlled substances may file written Meperidine (9230) ...... II importer of the basic classes of comments on or objections to the Methadone (9250) ...... II controlled substances listed below: Methadone-intermediate (9254) ...... II application described above and may, at Morphine (9300) ...... II Sched- the same time, file a written request for Levo-alphacetylmethadol (9648) ...... II Drug ule a hearing on such application in Oxymorphone (9652) ...... II accordance with 21 CFR 1301.43 in Alfentanil (9737) ...... II Cathinone (1235) ...... I such form as prescribed by 21 CFR Sufentanil (9740) ...... II Methcathinone (1237) ...... I Fentanyl (9801) ...... II Aminorex (1585) ...... I 1316.47. Methaqualone (2565) ...... I Any such comments, objections, or The firm plans to manufacture small Ibogaine (7260) ...... I requests for a hearing may be addressed, quantities of the listed controlled Lysergic acid diethylamide (7315) .... I in quintuplicate, to the Deputy Assistant Marihuana (7360) ...... I substances to make deuterated and Administrator, Office of Diversion nondeuterated drug reference standards Tetrahydrocannabinols (7370) ...... I Mescaline (7381) ...... I Control, Drug Enforcement which will be distributed to analytical 4-Bromo-2, 5- I Administration, United States and forensic laboratories for drug testing dimethoxyamphetamine (7391). Department of Justice, Washington, D.C. programs. 4-Bromo-2, 5- I 20537, Attention: DEA Federal Register Any other such applicant and any dimethoxyphenethylamine (7392). Representative (CCR), and must be filed person who is presently registered with 2, 5-Dimethoxyamphetamine (7396) I no later than June 22, 2000. DEA to manufacture such substances 3, 4-Methylenedioxyamphetamine I may file comments or objections to the (7400). This procedure is to be conducted issuance of the proposed registration. N-Hydroxy-3, 4- I simultaneously with and independent Any such comments or objections methylenedioxyamphetamine of the procedures described in 21 CFR may be addressed, in quintuplicate, to (7402). 1301.34(b), (c), (d), (e), and (f). As noted 3, 4-Methylenedioxy-N- I the Deputy Assistant Administrator, ethylamphetamine (7404). in a previous notice at 40 FR 43745–46 Office of Diversion Control, Drug 3, 4- I (September 23, 1975), all applicants for Enforcement Administration, United Methylenedioxymethamphetamine registration to import basic class of any States Department of Justice, (7405). controlled substance in Schedule I or II Washington, D.C. 20537, Attention: DEA 4-Methoxyamphetamine (7411) ...... I are and will continue to be required to Federal Register Representative (CCR), Bufotenine (7433) ...... I demonstrate to the Deputy Assistant Psilocyn (7438) ...... I and must be filed no later than July 24, Administrator, Office of Diversion 2000. Heroin (9200) ...... I Normorphine (9313) ...... I Control, Drug Enforcement Dated: May 11, 2000. Etonitazene (9624) ...... I Administration that the requirements John H. King, Amphetamine (1100) ...... II for such registration pursuant to 21 Deputy Assistant Administrator, Office of Methamphetamine (1105) ...... II U.S.C. 958(a), 21 U.S.C. 823(a), and 21 Diversion Control, Drug Enforcement Methylphenidate (1724) ...... II CFR 1311.42(a), (b), (c), (d), (e), and (f) Administration. Amobarbital (2125) ...... II Pentobarbital (2270). are satisfied. [FR Doc. 00–12844 Filed 5–22–00; 8:45 am] Secobarbital (2315 ...... II Dated: April 25, 2000. BILLING CODE 4410±09±M Glutethimide (2550) ...... II John H. King, Phencyclidine (7471) ...... II Cocaine (9041) ...... II Deputy Assistant Administrator, Office of DEPARTMENT OF JUSTICE Codeine (9050) ...... II Diversion Control, Drug Enforcement Diprenorphine (9058) ...... II Administration. Drug Enforcement Administration Oxycodone (9143) ...... II [FR Doc. 00–12843 Filed 5–22–00; 8:45 am] Hydromorphone (9150) ...... II Importation of Controlled Substances; Benzoylecgonine (9180) ...... II BILLING CODE 4410±09±M Notice of Application Ethylmorphine (9190) ...... II Hydrocodone (9193) ...... II Pursuant to Section 1008 of the Levorphanol (9220) ...... II Controlled Substances Import and Meperidine (9230) ...... II VerDate 11 DEPARTMENT OF JUSTICE Officer, Office of Adjudications, by the Departments of Justice and State, Residence and Status Branch, the Attorney General finds that Immigration and Naturalization Service Immigration and Naturalization Service, conditions in the Kosovo Province no [INS No. 2066±00; AG Order No. 2305±2000] Room 3040, 425 I Street, NW., longer support a TPS designation. A Washington, DC 20536, telephone (202) Department of State memorandum RIN 1115±AE26 514–4754. concerning the Kosovo Province states SUPPLEMENTARY INFORMATION: Termination of the Province of Kosovo that ‘‘[a]lthough conditions remain in the Republic of Serbia in the State What Is the Statutory Authority for the difficult with bursts of ethnically- of the Federal Republic of Yugoslavia Designation and Termination of TPS? motivated violence, the situation in Kosovo cannot now be classified as (Serbia-Montenegro) Under the Under section 244 of the Immigration ′ ′ Temporary Protected Status Program ongoing internal conflict. Outright and Nationality Act (Act), 8 U.S.C. fighting ended in June 1999 with the AGENCY: Immigration and Naturalization 1254a, the Attorney General is withdrawal of the Yugoslav army.’’ The Service, Justice. authorized to designate a foreign state memorandum also states that ‘‘[t]he (or past of a state) for TPS. The Attorney ACTION: Notice. United Nations High Commissioner for General may then grant TPS to eligible Refugees has determined that Kosovar SUMMARY: nationals of that foreign state (or aliens The Attorney General’s Albanians, who constitute the majority designation of the Province of Kosovo in having no nationality who last of the Kosovo population, can now the Republic of Serbia in the State of the habitually resided in that state). Section return to Kosovo in safety to all areas of Federal Republic of Yugoslavia (Serbia- 244(b)(3)(A) of the Act requires the Kosovo except the Serb-dominated Montenegro) (the ‘‘Kosovo Province’’) Attorney General to review, at least 60 Mitrovica and certain areas in Eastern under the Temporary Protected Status days before the end of the period of TPS Kosovo. In addition, the vast majority of (TPS) program expires on June 8, 2000. designation, the conditions in a foreign those who fled Kosovo during the After reviewing county conditions and state designated under section 244(b)(1) conflict returned during the summer consulting with the appropriate of the Act. 8 U.S.C. 1254a(b)(3)(A). Government agencies, the Attorney Section 244(b)(3) of the Act further and fall of 1999, shortly after the end of General has determined that conditions requires the Attorney General to the international military presence in the Kosovo Province no longer determine whether the conditions for (KFOR).’’ qualify for TPS designation. However, such a designation continue to be met Based on these findings, the Attorney because this determination was not and to terminate the state’s designation General has decided to terminate the made at least 60 days before the when the Attorney General determines designation of the Kosovo Province for expiration date, the designation of the the conditions are no longer met. 8 TPS. However, because the Attorney Kosovo Province for TPS is U.S.C. 1254a(b)(3)(B). The Attorney General did not make this determination automatically extended for a period of 6 General must then publish a notice of at least 60 days before the end of the months, until December 8, 2000. The termination in the Federal Register. If current designation, the designation is termination of the TPS designation of the Attorney General fails to make the automatically extended pursuant to the Kosovo Province will therefore take determination required by section section 244(b)(3)(A) of the Act for an effect on December 8, 2000. After that 244(b)(3)(A) of the Act at least 60 days additional 6 months. The termination date, aliens who are nationals of the before the end of the period of will therefore take effect at the end of Kosovo Province (and aliens having no designation, then the designation is the 6-month extension. nationality who last habitually resided automatically extended for an in the Kosovo Province) who have had additional period of 6 months. 8 U.S.C. If I Currently Have TPS, How Do I TPS under the Kosovo Province 1254a(b)(3)(C). Register for the 6-Month Extension? designation will no longer possess such Why Did the Attorney General Decide Persons previously granted TPS under status. This notice contains information To Terminate TPS for the Kosovo the Kosovo Province program may apply regarding the 6-month extension and Province? for the 6-month extension by filing the subsequent termination of the TPS On June 8, 1999, the Attorney General Form I–821, Application for Temporary designation for the Kosovo Province. published a notice redesignating the Protected Status, without the fee, during DATES: The termination of the TPS Kosovo Province for TPS for a period of the re-registration period that begins designation for the Kosovo Province is 1 year, based upon conditions in the May 23, 2000 and ends June 22, 2000. extended until December 8, 2000. On Kosovo Province at that time. 64 FR Additionally, those applying must file December 8, 2000, the TPS designation 30542 (June 8, 1999). That TPS the Form I–765, Application for for the Kosovo Province will be designation is scheduled to expire on Employment Authorization. See the terminated. June 8, 2000. chart below to determine whether or not FOR FURTHER INFORMATION CONTACT: Based upon a more recent review of you must submit the $100 filing fee with Michael Valverde, Adjudications conditions within the Kosovo Province the Form I–765. If Then You are applying for employment authorization through December 8, You must complete and file the Form I±765, Application for Employ- 2000. ment Authorization, with the $100 fee. You already have employment authorization or do not require employ- You must complete and file the Form I±765 with no fee. ment authorization. You are applying for employment authorization and are requesting a You must complete and file the Form I±765 and a fee waiver request fee waiver. and requisite affidavit (and any other information) in accordance with 8 CFR 244.20. VerDate 11 To re-register for TPS, you must also who are nationals of the Kosovo recruiting Kosovars for local police include two identification photographs Province (and aliens having no forces. 1 ″ 1 ″ (1 ⁄2 x 1 ⁄2 ). nationality who last habitually resided I also understand that, although the in the Kosovo Province) in the United Is Late Initial Registration Possible? Kosovo Province is still rebuilding from States who believe that their particular the war, the return of persons to the Yes, in addition to timely re- circumstances make return to the Kosovo Province would not result in a registration, late initial registration is Kosovo Province unsafe. Such avenues danger to their personal safety. The possible for some persons from the may include, but are not limited to, United Nations (UN) is planning to Kosovo Province under 8 CFR asylum or withholding of removal. phase out its relief efforts and begin 244.2(f)(2). How Does the Termination of TPS concentrating on rebuilding housing by What Are the Requirements for Late Affect Former TPS Beneficiaries? mid-year. The UN also plans to end its Initial Registration? emergency shelter program. Since After the designation of the Kosovo summer 1999, nearly 90 percent of the To apply for late initial registration an Province for TPS is terminated on over 850,000 ethnic Albanians who fled applicant must: December 8, 2000, those aliens who are the Kosovo Province have returned, • Be a national of the Kosovo nationals of the Kosovo Province (and including over 3,000 from the United Province (or a person who has no aliens having no nationality who last States. In view of the recommendations nationality and who last habitually habitually resided in the Kosovo of the Departments of Justice and State resided in the Kosovo Province); Province) will revert back to the for termination, I terminate the • Have been continuously physically immigration status they had prior to designation of the Kosovo Province present in the United States since June TPS, unless they have been granted under the TPS program. However, 8, 1999; another immigration status. The stay of because I did not make this • Have continuously resided in the removal and eligibility for employment determination at least 60 days before the United States since June 8, 1999; and authorization due to the designation of • expiration of the designation, the Be admissible as an immigrant, the Kosovo Province under the TPS except as otherwise provided under designation is automatically extended program will no longer be available. for 6 months, until December 8, 2000. section 244(c)(2)(A) of the Act. However, the termination of the TPS • Accordingly, I order as follows: Additionally, the applicant for late designation for the Kosovo Province initial registration must be able to will not affect any pending applications (1) The designation of the Kosovo demonstrate that, during the initial for other forms of immigration relief. Province for TPS under section registration period, he or she: Those persons who received TPS 244(b)(1) of the Act is terminated • Was a nonimmigrant, or was under the Kosovo Province designation effective December 8, 2000. granted voluntary departure or any may being accruing periods of unlawful (2) I estimate that there are no more relief from removal; presence as of December 8, 2000, if they than 1,000 nationals of the Kosovo • Had an application for change of have not been granted any other Province (and aliens having no status, adjustment of status, or any relief immigration benefit or have no nationality who last habitually resided from removal pending or subject to application for such a benefit pending. in the Kosovo Province) who have been further review; or Aliens who accrue certain periods of previously granted TPS. • Was a parolee or had a pending unlawful presence in the United States request for reparole; or (3) Information concerning the may be barred from admission to the • That the applicant is currently the termination of the TPS program for United States under section spouse or child of an alien currently nationals of the Kosovo Province (and 212(a)(9)(B)(i) of the Act. See 8 U.S.C. eligible to be a TPS registrant. aliens having no nationality who last 1182(a)(9)(B)(i). An applicant for late initial habitually resided in the Kosovo registration must register no later than Notice of 6-Month Extension and Province) will be available at local 60 days from the expiration or Termination of Designation of Kosovo Immigration and Naturalization Service termination of the qualifying condition. Province Under the TPS Program (INS) offices upon publication of this 8 CFR 244.2(g). notice or at the INS website, http:// By the authority vested in me as www.ins.usdoj.gov. Where Should I File for an Extension of Attorney General under section Dated: May 16, 2000. TPS? 244(b)(3) of the Act, I have consulted Janet Reno, You may register for the extension of with the appropriate agencies of Government concerning conflict and Attorney General. TPS by submitting an application and [FR Doc. 00–12856 Filed 5–22–00; 8:45 am] accompanying materials to the security conditions in the Kosovo BILLING CODE 4410±10±M Immigration and Naturalization Province. 8 U.S.C. 1254a(b)(3). Based on Service’s local office that has these consultations, I have determined that the Kosovo Province no longer jurisdiction over your place of DEPARTMENT OF JUSTICE residence. meets the conditions for designation of TPS under section 244(b)(1) of the Act. Bureau of Prisons When Can I File for an Extension of See 8 U.S.C. 1254a(b)(1). TPS? Since June 10, 1999, when Serb forces Notice of Intent to Prepare a Draft The 30-day re-registration period withdrew from northern Kosovo and the Environmental Impact Statement begins May 23, 2000, and will remain in North Atlantic Treaty Organization (DEIS) for development of a medium- effect until June 22, 2000. suspended its airstrikes, the Kosovo security or high-security federal Province has been relatively peaceful, correctional facility in Fresno County, What Can I Do If I Feel That My Return with the exception of occasional California. to the Kosovo Province Is Unsafe? isolated outbreaks of violence. An There may be other avenues of international police force has assumed AGENCY: Bureau of Prisons, Department immigration relief available to aliens law enforcement duties and began of Justice. VerDate 11 ACTION: Notice of intent to prepare a construction and operation at these Telephone (202) 514–6470, draft environmental impact statement sites. Telefacsimile (202) 616–6024, E-Mail: (DEIS). [email protected]. The Process Dated: May 17, 2000. SUMMARY In the process of evaluating the sites, several aspects will receive detailed David J. Dorworth, Chief, Proposed Action examination including, but are not Site Selection and Environmental Review Branch. The mission of the United States limited to: topography, geology/soils, Department of Justice, Federal Bureau of hydrology, biological resources, utility [FR Doc. 00–12869 Filed 5–22–00; 8:45 am] Prisons (Bureau) is to protect society by services, transportation services, BILLING CODE 4410±05±U confining offenders in the controlled cultural resources, land uses, socio- environments of prison and community- economics, hazardous materials, air and based facilities that are safe, humane, noise quality, among others. DEPARTMENT OF LABOR cost-efficient, and appropriately secure, Alternatives Labor Advisory Committee for Trade and that provide work and other self- Negotiations and Trade Policy; improvement opportunities to assist In developing the DEIS, the options of Meeting Notice offenders in becoming law-abiding ‘‘no action’’ and ‘‘alternative sites’’ for citizens. The Bureau accomplishes its the proposed facility will be fully and Pursuant to the provisions of the mission through the appropriate use of thoroughly examined. Federal Advisory Committee Act (Pub. community correction, detention, and Scoping Process L. 92–463 as amended), notice is hereby correctional facilities that are either: given of a meeting of the Steering During the preparation of the DEIS, Federally-owned and operated; Subcommittee of the Labor Advisory there will be opportunities for public Federally-owned and non-Federally Committee for Trade Negotiations and involvement in order to determine the operated; and non-Federally owned and Trade Policy. issues to be examined. A public Scoping operated. Date, time and place: June 15, 2000, Meeting will be held at 7:00 p.m., 10 am, U.S. Department of Labor, N– The Bureau is facing a period of Tuesday, June 13, 2000 at the Victor P. 3437 C&D, 200 Constitution Ave., NW, unprecedented growth in its inmate Lopez Rural Development Job Training Washington, D.C. 20210. population. Projections show the federal Center located at 1705 Archor Avenue, inmate population increasing from Purpose: The meeting will include a Orange Cove, California. There will also review and discussion of current issues approximately 120,000 inmates to be a public Scoping Meeting held at 205,000 inmates by 2007. As such, the which influence U.S. trade policy. 7:00 p.m., Wednesday, June 14, 2000, at Potential U.S. negotiating objectives and demand for bedspace within the federal the Mendota High School, located at prison system will continue to grow at bargaining positions in current and 1200 Belmont Avenue in Mendota, anticipated trade negotiations will be a significant rate. To accommodate a California. The meeting locations, date, portion of the growing inmate discussed. Pursuant to 19 U.S.C. 2155(f) and time will be well publicized and it has been determined that the meeting population, the Bureau has determined has been arranged to allow for the that an additional medium-security will be concerned with matters the public as well as interested agencies and disclosure of which would seriously Federal Correctional Institution (FCI) or organizations to attend. The meetings a high-security United States compromise the Government’s are being held to allow interested negotiating objectives or bargaining Penitentiary (USP) is needed in its persons to formally express their views system. Therefore, the Bureau is positions. Accordingly, the meeting will on the scope and significant issues to be be closed to the public. proposing to build and operate a studied as part of the DEIS process. The FOR FURTHER INFORMATION CONTACT: medium-security FCI or high-security Scoping Meeting is being held to USP, with an adjacent minimum- provide for timely public comments and Jorge Perez-Lopez, Director, Office of security satellite camp, in Fresno understanding of federal plans and International Economic Affairs, Phone: County, California. The main medium- programs with possible environmental (202) 219–7597. security facility would provide consequences as required by the Signed at Washington, DC this 15th day of habitation for approximately 1,200 National Environmental Policy Act of May 2000. inmates, and a high-security USP would 1969, as amended, and the National Andrew James Samet, provide habitation for approximately Historic Preservation Act of 1966, as Deputy Under Secretary, International 1,000 inmates. An additional 150–300 amended. In addition, public Affairs. inmates will be housed (at the USP or information meetings will continue to [FR Doc. 00–12937 Filed 5–22–00; 8:45 am] FCI) in an adjacent minimum-security be held in Fresno County by BILLING CODE 4510±28±M satellite camp. representatives of the Bureau with Several sites in Fresno County, interested citizens, elected officials, and California have been offered to the community leaders. DEPARTMENT OF LABOR Bureau for consideration in developing a medium-security FCI or high-security DEIS Preparation Employment and Training USP and satellite camp. The Bureau has Public notice will be given concerning Administration preliminarily evaluated these sites and the availability of the DEIS for public determined that the prospective sites review and comment. Workforce Investment Act: Indian and appear to be of sufficient size to provide Addresses: Native American Programs Under space for housing, programs, Questions concerning the proposed Section 166 administrative services and other action and the DEIS may be directed to: AGENCY: Employment and Training support facilities associated with the David J. Dorworth, Chief, Site Selection Administration, Labor. correctional facility. The DEIS to be and Environmental Review Branch, ACTION: Notice of proposed data prepared by the Bureau will analyze the Federal Bureau of Prisons, 320 First collection. potential impacts of correctional facility Street, NW., Washington, DC 20534, VerDate 11 SUMMARY: The Department of Labor, as years’ reporting experience of the activities conducted under section 401 part of its continuing effort to reduce grantees who receive funding under of the Job Training Partnership Act) paperwork and respondent burden, JTPA section 401, including title II–B Record Keeping: Grantees shall retain conducts a preclearance consultation Summer Youth funds, and in light of the supporting and other documents process to provide the general public statutory requirements of WIA necessary for the compilation and and Federal agencies with an applicable to section 166 grantees, the submission of the subject reports for opportunity to comment on proposed Department has developed the following three years after submission of the final and/or continuing collections of recommended reporting requirements financial report for the grant in question information in accordance with the which it believes supports the statutory [29 CFR 97.42 and/or 29 CFR 95.53]. Paperwork Reduction Act of 1995 requirements under WIA as they relate Affected Public: Federally-recognized (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This to the Indian and Native American Indian tribes, bands, and groups; Alaska process helps to ensure that requested Program. Native entities; Hawaiian Native data can be provided in the desired entities; private non-profit Indian- format, reporting burdens are II. Desired Focus of Comments controlled organizations; State Indian minimized, collection instruments are The Department of Labor is Commissions or Councils (Native clearly understood, and the impact of particularly interested in comments American-controlled); consortia of any collection requirements on respondents which: and/or all of the above. can be properly assessed. Currently, the • Evaluate whether the proposed Cite/Reference/Form/etc.: The Employment and Training collection of information is necessary collection instrument is the Indian and Administration (ETA), in consultation for the proper performance of the Native American Reporting and with the Native American Employment functions of the agency, including Performance System and related and Training Council, is soliciting whether the information will have instructions. OMB-approved forms are comments concerning the proposed practical utility; provided for use in gathering institution of a ‘‘reporting and • Evaluate the accuracy of the information at the grantee field office performance standards system for agency’s burden estimate for the level. Indian and Native American programs Total Respondents: 150. proposed collection of information, Frequency: Quarterly for financial under title I, section 166 of the including the validity of the information; Semi-annually and Workforce Investment Act (WIA)’’. A methodology and assumptions used; annually for participation and copy of the proposed information • Enhance the quality, utility, and characteristics information (for both the collection request (ICR) can be obtained clarity of the information to be Comprehensive and Supplemental by contacting the office listed below in collected; and • Youth Services programs). the address section of this notice. Minimize the burden of the Total Responses: 900 [For the DATES: Written comments must be collection of information on those who Comprehensive Services program] (150 submitted to the office listed in the are to respond, including the use of times 2, plus 150 times 4—possibly addressee section below on or before appropriate automated, electronic, more) There are four statutorily-required July 24, 2000. mechanical, or other technological quarterly financial status reports per ADDRESSES: James C. DeLuca, Chief, collection techniques or other forms of grantee per year, by year of Division of Indian and Native American information technology, e.g., permitting appropriation. For participation and Programs, Employment and Training electronic submissions of responses. characteristics information, there is one Administration, U.S. Department of III. Current Action semi-annual and one annual submission Labor, Room N–4641, 200 Constitution per year, regardless of the year(s) of Avenue, NW, Washington, DC 20210. This proposed ICR will be used by funding expended during the program Telephone: (202) 219–8502 ext approximately 150 Workforce year. There is only one format for the 119(VOICE) or (202) 219–6338(FAX) Investment Act (WIA) section 166 participation and characteristics report. (these are not toll-free numbers) or grantees as the primary reporting and Total Responses: 690 [For the INTERNET: [email protected]. performance measurement vehicle for Supplemental Youth Services program] FOR FURTHER INFORMATION CONTACT: enrolled individuals, their (115 recipients of Supplemental Youth Copies of the information collection characteristics, training and services Services funds times 2, 115 times four— request are available for inspection in provided, outcomes, including job possibly more). There are four the Division of Indian and Native placement and employability statutorily-required quarterly financial American Programs at the above enhancements, as well as detailed status reports per grantee per year, by address, and will be mailed to persons financial data on program expenditures. year of appropriation. For participation who request copies in writing from Grantees participating in the and characteristics information, there is James C. DeLuca at the above address. demonstration under Public Law 102– one semi-annual and one annual SUPPLEMENTARY INFORMATION: 477 will not be affected by this submission per year, regardless of the collection, and have not been included year(s) of funding expended during the I. Background in the following burden estimates. program year. There is only one format The Employment and Training Type of Review: New. for the participation and characteristics Administration of the Department of Agency: Employment and Training report. Labor, in consultation with the Native Administration. Average Time per Response: Financial American Employment and Training Title: Reporting and performance Status Report (FSR)—7.75 hours; [ETA Council, is requesting approval of a new system for WIA title I, section 166 9083] Participation and Characteristics reporting and performance standards Indian and Native American grantees. Report (PCR) for the Comprehensive system for Workforce Investment Act OMB Number: 1205–0NEW. Services Program—9.67 hours; [ETA (WIA) title I, section 166 Indian and Catalog of Federal Domestic 9084] Participation and Characteristics Native American grantees for three Assistance Number: 17.251 (this would Report (PCR) for the Supplemental program years (July 1, 2000 to June 30, replace similar Indian and Native Youth Services Program—9.67 hours 2003). In evaluating the last several American employment and training [ETA 9085] The individual time per VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 5. Pooled investments for Plans select. The Partnership is expected to determine that investment performance investing in the BF V Group Trust will terminate on December 31, 2007, unless is anticipated to be superior.9 be made through the Partnership. The terminated sooner. 8. The contribution provisions for the BF V Group Trust and the Partnership maximum capital contribution 7. The Limited Partners of the commitment of the Partnership will be will be identical. For example, capital Partnership will generally consist of $300 million. The primary purpose of calls for Plans participating in the BF V non-Plan investors, which will acquire, the Partnership is to engage in the Group Trust will be concurrent and in business of providing capital to, by making capital contributions in cash the same proportional amount as are acquiring equity and debt interests in, directly to the Partnership, a Limited capital calls by the Partnership from and making available consultative Partner’s interest in such Partnership. Limited Partners that are not Plans.10 In services to Portfolio Companies such as However, as noted above, another pertinent part, the BF V Group Trust Bank Companies and Financial Services Limited Partner in the Partnership will Agreement provides that each Plan’s Companies having assets under $7 be the BF V Group Trust, the commitment to contribute will be billion. The Partnership may also invest beneficiaries of which will be Plans divided into 20 equal segments. The in insurance contracts, short term covered under the provisions of the Act, General Partner, in its capacity as investments, derivatives (for hedging and governmental plans. These Plans Administrator of the BF V Group Trust, purposes only) and covered put and call will acquire, for cash, both a beneficial may call any amount of these options. Further, the Partnership may interest in the BF V Group Trust and a installments, upon 10 days’ advance make loans of securities. In short, it is Limited Partner’s interest in the written notice, when cash is needed to anticipated that the Partnership will Partnership. It is expected that upon the fund the acquisition of Portfolio share the same basic investment strategy creation of this structure, the BF V Company securities by the Partnership. as was held by MBF I, MBF II, BF III and Group Trust will own 65.6 percent of However, there are two limitations upon BF IV, and in many ways, the operations the equity interests in the Partnership. the General Partner’s power to call 6 and fee structures of these entities. Because none of the exceptions to the contributions. First, no more than 50 6. The General Partner of the plan asset regulations will apply, the percent of the contribution commitment Partnership will be MidBank V, LP. The may be called in any twelve month assets of the BF V Group Trust as well general partner of MidBank V, LP will period. Second, the General Partner as the assets of the Partnership will be TBFC and individuals employed by cannot call any contributions after the constitute plan assets.7 TBFC. The General Partner will acquire sixth anniversary date of the inception a one percent interest in the Neither the General Partner nor the of the BF V Group Trust (the period Partnership, for cash. The General Trustee will have any control over the running from the date on which initial Partner will also serve as the decision to cause any Plan to invest in capital contributions are made to such Administrator of the BF V Group Trust the Partnership through the Group sixth anniversary date being referred to but it will not receive any fees from Trust. Under these circumstances, the as ‘‘the Acquisition Phase’’). such entity. As described later in this decision to participate in the BF V If an investing Plan cannot or does not proposed exemption, all fees that are Group Trust or the Partnership will be meet a capital call, the Partnership paid to the General Partner and/or its made by a Plan fiduciary which is Agreement and the BF V Group Trust affiliates will be paid by the Partnership independent of the Trustee and the Agreement provide that ten days after and not by the BF V Group Trust. General Partner. In each instance, even the investor receives notice of default on The principal place of business of the though the Trustee or the General a capital call, the General Partner/ Partnership will be 208 LaSalle Street, Partner may present a Plan fiduciary 9 Chicago, Illinois or at such other with information concerning investment The Department is not expressing an opinion on location as the General Partner may whether the Trustee or the General Partner would in the Group Trust and in the be deemed to be fiduciaries under section Partnership, the Plan fiduciary who 3(21)(A)(ii) of the Act with respect to a Plan’s Trustee with respect to plan assets other than those makes the investment decision will investment in the BF V Group Trust or the invested through the Trust. In this regard, TBFC is Partnership. The Department is also not proposing not requesting, nor is the Department providing, agree not to rely on either the advice of relief for the rendering of investment advice in exemptive relief with respect therefor. the Trustee or the General Partner as the connection with the acquisition of interests in 6 According to TBFC, there are circumstances primary basis for a Plan’s investment either BF V Group Trust or the Partnership. militating against investments by the Partnership in 10 Because of the multi-tiered structure (i.e., either BF III or BF IV. First, the Partnership will be and the Independent Fiduciary will be investing Plan to BF V Group Trust to Partnership), structured as a separate investment entity apart specifically required to do so in every it is represented that capital calls will be handled from BF III and BF IV. BF III, BF IV and BF V instance.8 The General Partner assumes as follows: (collectively, the Funds) will all have somewhat that a Plan will invest in the BF V Group On the same day, the General Partner will notify different charters with respect to what investments the Limited Partners, including Plans investing in each can make. Second, many companies in which Trust only if the fiduciaries of the Plan the BF V Group Trust that capital is being called. BF III, BF IV and BF V invest are (or will be All investors will have 10 days to forward the acquired) by larger banks within three years of the 7 appropriate amount of cash. particular Fund making an investment. Therefore, See 29 CFR 2510.3–101(a)(2)(ii) and (f). As a matter of practice, all Limited Partners will something acquired by an earlier Fund is unlikely 8 The Department notes that the general standards wire their contributions to the Trustee on the same to be acquired by a later Fund. Third, the of fiduciary conduct promulgated under the Act day (the Trustee will serve as the custodian for the Partnership will not come into existence until BF would apply to the participation in the BF V Group Partnership’s assets). II and BF IV are fully invested, so concurrent Trust and the Partnership by an Independent purchases are deemed impossible. Fourth, BF IV Fiduciary. Section 404 of the Act requires that a Plan investors’ contributions will be credited to may complete its wind-up and termination before fiduciary discharge his duties respecting a plan a separate Trust account and the non-Plan the Partnership becomes invested. Fifth, there is an solely in the interest of the plan’s participants and investors’ contributions will be credited to the outright prohibition against the Partnership buying beneficiaries and in a prudent fashion. Accordingly, Partnership’s Capital Account. investments in BF III and BF IV and also against an Independent Fiduciary must act prudently with On the same day, the Trustee transfers the funds investing directly in BF III and BF IV. Sixth, the respect to the decision to invest in the BF V Group from the Trust account to the Partnership’s Capital Partnership will invest in an area in which the Trust and the Partnership. The Department expects Account. availability of Portfolio Company securities will be that an Independent Fiduciary, prior to investing in The General Partner will then instruct the Trustee extremely limited. For the Partnership to invest in the BF V Group Trust and the Partnership, to fully to utilize the Partnership’s Capital Account to any of the same investment vehicles as BF III and understand all aspects of such investments acquire the appropriate securities until the BF IV, it would mean that none of the investment following disclosure by the General Partner of all Partnership account is exhausted, at which time, circumstances described above would apply. relevant information. another capital call will be made. VerDate 11 Administrator may (a) permit the 10. Under the Partnership Agreement, entitled to receive the Performance Fee, investor’s continued participation in the two types of fees will be payable to the which will accrue annually in a debit Partnership (or BF V Group Trust) with General Partner by the Partnership. account (i.e., the Performance Fee a commensurate reduction in both the These fees are a management fee (the Account) between the date the first investor’s proportionate interest in such Management Fee) and the Performance contribution is made to the Partnership Partnership (or BF V Group Trust) and Fee, the components of which are until the time the Partnership disposes aggregate size of the Partnership (or BF described below. of its last investment. As noted above, V Group Trust); 11 (b) declare the The General Partner’s Management the Performance Fee Account will investor’s entire capital commitment Fee is payable as a percentage of the provide a mechanism for measuring the due and pursue collection of the same; aggregate capital contributions to the General Partner’s compensation for or (c) expel, at fair market value, the Partnership. The fee will be equal to 5 managing the Partnership. Such account defaulting investor and offer its interest percent of the first $20 million in capital will be a ‘‘moving’’ balance that will in the Partnership (or BF V Group Trust) contributions, 1.74 percent of the next reflect the activity of the Partnership first to the non-defaulting investors and $230 million of capital contributions instead of actual dollars that are then to non-investors who are qualified and 2 percent on amounts in excess of reserved or set aside for the General to invest in such Partnership (or BF V $250 million. On average, the fee will Partner. Until distributions from the Group Trust). In making the choice not exceed 2 percent of committed Performance Fee Account are made, between these alternatives, it is capital when all capital is contributed, funds that the debit account credits represented that the General Partner/ even if the Partnership is capitalized at represent will be invested for the benefit Administrator will be guided by then- less than $250 million.14 of the Limited Partners. current investment strategies and the Although Limited Partners will The Performance Fee will be paid best interest of the non-defaulting receive distributions from the during the final two years of the investors. Partnership throughout its duration, if, Partnership. Simply stated, the 9. The terms of the Partnership as a result of distributions to the Performance Fee will equal 20 percent control the duties and authority of the Limited Partners, paid-in capital of the excess of net realized gains minus General Partner. For example, the contributions are reduced to 50 percent net unrealized losses of the Partnership, General Partner, at its own expense, will or less of the original aggregate capital minus allowed distributions determined provide the Partnership and the BF V contributions to the Partnership after annually between the date of the first Group Trust with personnel who are December 31, 2006, the Management contribution to the Partnership until the able to undertake the investment Fee will be reduced to 70 percent of the disposition of the last Partnership asset. strategies for these entities as well as amount otherwise payable, effective for In addition, the General Partner’s perform their clerical, bookkeeping and fiscal years subsequent to the year in Performance Fee will subject to the administrative functions. In addition, which said reduction was achieved. following terms and conditions: the General Partner, at its own expense, Upon the return to the Limited Partners (a) Fee Base. As noted above, the will provide the Partnership and the BF of capital contributions so as to reduce amount credited to the General Partner V Group Trust with office space, their capital contributions to 25 percent as the Performance Fee will be equal to telephones, copying machines, postage or less of the total capital contributions a percentage of net realized gains minus and all other necessary items of office paid-in, the Management Fee will be net unrealized losses. The fee will be services. Further, the General Partner reduced to 50 percent of the amount annually credited to the General will control proxy voting on all portfolio otherwise payable, effective for fiscal Partner.16 securities.12 The Partnership Agreement years subsequent to the year in which (b) Reduced Availability. Prior to the permits the General Partner to allocate said reduction was achieved. termination of the Partnership, only 75 securities transactions to broker-dealers 11. In addition to the Management percent of the General Partner’s of its choice. Fee, the General Partner 15 will be Performance Fee may be drawn from the The General Partner will prepare, or Partnership. (This limit will also apply cause to be prepared on behalf of the Limited Partner are (a) the Capital Account, which to special income tax draws as Partnership, the following reports: (a) reflects the original capital paid into the described in Representation 13.) Partnership by the Limited Partner and any (c) Limited Deferral/Return of Capital. annual audited financial statements; adjustments thereto; (b) the Income Account, to and (b) quarterly unaudited financial which will be credited income, interest, dividends, Again, with the exception of the General statements. In addition, the General fees for services (i.e., consulting services provided Partner’s income tax liabilities that are by the Partnership to financial institutions) and any described in Representation 13, Partner will keep the accounts of the other income items (other than gains or losses on Partnership in its capacity as the sale or other disposition of securities or other Administrator of the Trust.13 assets and other than income from high yield take an active part in the management of the investments) and to which will be debited any Partnership, are limited partners in MidBanc V, the expenses of the Partnership other than those which General Partner of the Partnership. MidBanc V will 11 Reductions in a Limited Partner’s are to be taken into account to determine gains and be entitled to receive the Performance Fee to the participations are based upon the relative amount losses; and (c) the Gain Account, to which will be extent that it is earned. MidBanc V will then of capital contributions that are omitted. For credited or debited gains or losses after expenses of allocate the Performance Fee among TBFC and the example, if a Limited Partner subscribes for a 10 sale, when and as realized from the sale or other employees of TBFC who are limited partners in percent interest in the Partnership and neglects to disposition by the Partnership of securities or other MidBanc V. honor 25 percent of its commitment, the Limited assets, whether or not any such gain or loss is 16 Any payments of the Performance Fee will Partner will only have a 7.5 percent interest in the recognized or constitutes long-term or short-term reflect realized gains inuring to the Partnership. For Partnership if it is permitted to continue its capital gain or loss or ordinary income or loss for the Partnership to make a Performance Fee payment investment. Federal income tax purposes. to the General Partner, it must sell a Partnership 12 The Department is not providing exemptive 14 It is represented that the Management Fee is investment for a price exceeding the purchase price relief herein for any prohibited transactions that covered by the statutory exemptive relief available for such investment. Therefore, the proceeds of the may arise as a result of proxy voting on the part of under section 408(b)(2) of the Act. However, the sale will reflect the source of Performance Fee the General Partner. The Department also notes that Department expresses no opinion herein on payments. the general standards of fiduciary conduct whether the General Partner’s receipt of the After the Partnership has invested its capital, it promulgated under the Act would apply to such Management Fee will satisfy the terms and will have two sources of cash. One is income voting practices. conditions of section 408(b)(2) of the Act. received from its investments, such as dividends or 13 Some examples of the types of accounts that 15 As briefly alluded to in Representation 1, interest. The other is money received when it sells will be maintained by the Partnership for each certain employees of TBFC, generally those who an investment. VerDate 11 EXAMPLE #1 Cumulative net Performance Maximum Year position fee account draw Draw or refund 1 ...... $800 $160 $120 $120 2 ...... 200 40 30 (90) 3 ...... 1,000 200 150 120 4 ...... 700 140 105 (45) Year 1 Assume that when the Performance Fee is 20% of $200 or at the end of Year 2 (i.e., $120 ¥ $90), Performance Fee first becomes $40. The General Partner is entitled to it may now draw an additional $120. drawable in 2007 the Partnership’s draw $30, but since it has previously Year 4 The Partnership’s Cumulative Cumulative Net Position is $800. The drawn $120, it must refund $90. Net Position falls to $700 and the General Partner’s Performance Fee is Year 3 The Partnership now has a General Partner’s Performance Fee 20% of $200 or $160. The General falls to $140. The 75% draw equals Cumulative Net Position of $1,000. Partner may draw 75% of the $160 or $105, but the General Partner has The General Partner’s Performance $120.18 previously drawn a total of $150 (i.e., Year 2 The Partnership’s Cumulative Fee is $200 with a permitted draw of $120 ¥ $90 + $120). Therefore, the Net Position at the end of Year 2 is $150. Because the General Partner has General Partner must make a refund $200. The General Partner’s previously drawn a net amount of $30 to the Partnership of $45. EXAMPLE #2 Cumulative net Performance Maximum Year position fee account draw Draw or refund 1 ...... $2,000 $400 $300 $300 2 ...... 1,000 200 150 (150) 3 ...... 500 100 75 (75) 4 ...... 900 180 135 60 Year 1 Assume that when the General becomes drawable in 2007, the Partnership is $2,000. The General Partner’s Performance Fee first Cumulative Net Position for the Partner’s Performance Fee is 20% of 17 Where a partnership, such as the Partnership distributions have occurred during the Acquisition if the gain is realized after the Acquisition Phase described herein, makes a distribution to the Phase. However generally, the contributed capital expires. Limited Partners, that distribution can include any that gives rise to a gain attributed to the Partnership 18 The assumption is, for purposes of this of the following: income, realized gains, and/or during the Acquisition Phase will be reinvested by example, that all Limited Partners investing in the return of capital. Income and gains can arise at any the General Partner. Conversely, the contributed time during the partnership’s life. Although income capital that gives rise to a gain attributed to the Partnership have received a 100 percent return of and gains occur after the initial investment phase Partnership after the Acquisition Phase has been their capital contributions. of a partnership, in the case of the Funds, such completed, will be distributed to a Limited Partner VerDate 11 $2,000 or $400. The General Partner calculate the 25 percent cushion years may be initiated by the General may draw 75% of the $400 fee or required before actual distributions can Partner. Any further extension must be $300. $100 or 25% of the draw be made to the General Partner.20 In the approved by the Limited Partners amount must be left in the event the General Partner receives a tax holding a majority of the Limited Partnership as a cushion.19 refund, the amount will be repaid by the Partnership interests. Neither the Year 2 The Cumulative Net Position General Partner to the Partnership to the General Partner nor the Partnership may for the Partnership at the end of Year extent a distribution has been made to acquire additional Partnership 2 has fallen to $1,000. The General such General Partner. investments at the time of an extension. Partner’s Performance Fee is 20% of To ensure that tax refunds are repaid, The purpose of the extension will be to $1,000 or $200. TCC is entitled to the General Partner will retain an allow the General Partner to liquidate draw $150, but since it has previously independent accounting firm to the Partnership’s existing investments, drawn $300, it must refund $150. calculate the tax liabilities and credits. distribute the cash proceeds received Year 3 The Cumulative Net Position If a tax payment is owed by the General from the liquidation to the Limited for the General Partner has fallen to Partner, it will appear as an asset (i.e., Partners, and terminate the Partnership. $500. The General Partner’s a receivable) on the Partnership’s Upon termination of the Partnership, Performance Fee now falls to $100 financial reports that are given to the all portfolio positions will be liquidated, (i.e., 20% of $500) with a permitted Limited Partners. Partnership expenses will be paid and draw of $75 and a cushion of $25. In addition, the tax distributions will distributions will be made (including Because the General Partner has be in the exact amount of the General any remaining portion of the General previously drawn $150 ($300 ¥ Partner’s tax liability. All funds received Partner’s Performance Fee). If all assets $150), it must make a refund to the in the distribution will be forwarded to cannot be converted into cash or if it Partnership of $75. the Service and no portion will be would be disadvantageous to liquidate Year 4 The Cumulative Net Position retained by either the General Partner or every asset, remaining assets may be for the Partnership is $900 at the end the Limited Partners. Therefore, there distributed in-kind, at the discretion of of Year 4. The General Partner’s will be no gain by the General Partner. the General Partner. The General Partner Performance Fee is 20% of $900 or Finally, TBFC notes that all of the will then receive a fractional portion of $180. The General Partner’s 75% Limited Partners were made aware of its fee, in-kind. To ensure that the draw on the Performance Fee equals the tax distribution feature of the General Partner will not select higher $135. However, since the General Partnership. TBFC states that this income-generating Partnership assets for Partner has previously drawn a total disclosure was made before the Limited itself, each Limited Partner, as well as of $75 ($300 ¥ $150 ¥ $75), it may Partners determined to commit capital the General Partner, will receive a now draw a Performance Fee of $60. to the Partnership. proportionate share of each Portfolio 13. The General Partner has been 14. The Partnership will terminate Company security that is distributed in- informed by its counsel that gains upon the earliest to occur of (a) the kind. realized by the Partnership will, to the complete distribution of its assets, (b) a 15. The following example illustrates extent that they are allocable to the vote in favor of termination by 75 the manner in which in-kind 21 General Partner’s Performance Fee percent of the Limited Partners, or (c) distributions will be made by the Account, be taxable to the General December 31, 2008. If it would be to the General Partner: Partner in the year gains are realized by financial benefit of the Limited Partners to extend the term of the Partnership Assume that there are only two Limited the Partnership, even though the Partners investing in the Partnership and that distribution of gains attributable to the beyond 2008, extensions of up to two each has received a full return of capital. General Partner will be deferred. Non-Plan A investor has a Partnership 20 With the exception of the General Partner, all interest worth $60 and the BF V Group Trust Therefore, to enable the individual Limited Partners will receive distributions of gains owners of the General Partner or its has a Partnership interest worth $40. when they are realized. (As noted previously, this The Partnership holds 100 shares of Bank affiliates (collectively, referred to as the could occur prior to the ending of the Acquisition X stock which it acquired for $5 per share. General Partner) to discharge their Phase for the Partnership.) For example, if at any time during the Partnership’s existence, a Portfolio Upon termination of the Partnership, Bank X obligations to state or federal taxing Company security is purchased for $1 million and stock is worth $7 per share. authorities, it is proposed that an sold by the General Partner for $3 million, a $2 The total unrealized gain attributable to amount sufficient to pay taxes million gain will be realized by the Partnership. Bank X stock is ($7¥$5) × 100 = $200. (representing approximately 5 percent The Limited Partners will own $1.6 million of the The General Partner’s Performance Fee is of the gains of the Partnership) be gain while the General Partner will own $400,000 equal to $200 × 20% = $40. of the gain (i.e., 20 percent of the Performance Fee). The General Partner receives $40 ÷ $7 = 5.7 distributed to the General Partner solely Both Plan and non-Plan Limited Partners will shares of Bank X stock. during the Partnership’s Acquisition receive an aggregate distribution of $1.6 million × Phase. The sale of the Portfolio which will be allocated among such Limited The non-Plan investor receives 60% 94.3 Partners. Depending on whether the Limited = 56.6 shares of Bank X stock. Company securities that gives rise to the Partner receiving a portion of the $1.6 million gain The BF V Group Trust receives 40% × 94.3 early distribution of such gains may is a taxable or non-taxable entity, the amount = 37.7 shares of Bank X stock. Therefore, the only occur in connection with a third allocated to the Limited Partner will be taxed. Plans investing in the BF V Group Trust party merger, acquisition or tender offer Although the $400,000 gain attributable to the share proportionately in the 37.7 shares of General Partner will be deferred, the Service will Bank X stock. and not through an exercise of view the General Partner as having received taxable discretion by the General Partner. income of $400,000. If the tax rate is 25 percent, the 16. In general, Partnership interests Such distributions will be charged General Partner will owe the Service $100,000. It will not be assignable, and no Limited is the $100,000 that the General Partner seeks to against the General Partner’s Partner may assign or otherwise Performance Fee Account and will obtain as a tax distribution. The General Partner’s remaining Performance Fee amount of $300,000 transfer, pledge or otherwise encumber reduce the balance that is used to will stay in the Partnership even though the any or all of its interest in the Limited Partners will receive their proportionate Partnership without the prior consent of 19 The assumption is again, for purposes of this share of the $1.6 million. example, that all Plans investing in the BF V Group 21 A vote of 75 percent of the Limited Partners to the General Partner. However, a Limited Trust have received a 100 percent return of their remove the General Partner will also result in the Partner may transfer its interest only capital contributions. termination of the Partnership. after extending to the Partnership and VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 Specifically, Section 732 requires that a Merrill Lynch & Co. to provide contributions to surplus made by each plan of demutualization be approved by investment banking services.) The Eligible Member’s in-force policies.33 In both the Director and a vote of the decision by the Director to approve a this regard, under Section 732, the policyholders. The Director may hold a demutualization plan under Section 732 Director was required to make a finding hearing for the purpose of receiving is subject to judicial review in the that the allocation methodology was fair comments on whether a plan should be Oregon courts. and equitable. approved and on any other matter 9. In addition to being approved by Certain Eligible Members received relating to the demutualization. After the Director, Standard represents that its Cash or Policy Credits in lieu of Holding the hearing, the Director will approve Demutualization Plan had to be Company Stock, which Cash or Policy the demutualization plan if he or she approved by its policyholders. In this Credits had a value equal to the Holding finds all of the following: 31 regard, Section 732 requires that the Company Stock the policyholders (a) The applicable provisions of ORS policyholders be provided with notice would otherwise have received, based 732.600 to 732.630, and other applicable of a meeting convened for the purpose on the price per share of the Holding provisions of the law, have been fully met. of voting on whether to approve the Company Stock in the IPO. Specifically, (b) The plan protects the rights of demutualization plan.32 Moreover, the an Eligible Member received Cash in policyholders. demutalization plan must be approved lieu of allocable Holding Company (c) The plan will be fair and equitable to by a vote of not less than a majority of Stock (a) if the owner of the policy was the members, and the plan will not prejudice the votes of the insurer’s policyholders known to Standard to be subject to a the interests of the members. voting thereon in person, by proxy or by (d) The allocation of consideration among bankruptcy proceeding, or (b) where the the Eligible Members is fair and equitable. mail. Eligible Member’s address for mailing (e) The converted stock insurer will have With respect to Standard, purposes, as shown on the records of capital or surplus, or any combination approximately 114,000 Eligible Standard, was located outside the thereof, that is required of a domestic stock Members were eligible to vote on the United States of America or was shown insurer on initial authorization to transact Demutualization Plan which occurred at on Standard’s records to be an address like kinds of insurance, and otherwise will be a special meeting on March 19, 1999. at which mail to such Eligible Member able to satisfy the requirements of this state Each Eligible Member was entitled to is undeliverable, or (c) where an Eligible for transacting its insurance business. one vote. Of the Eligible Members, Member, who had been allocated 99 (f) The plan will not substantially reduce the security of the policyholders and the 35,569 or 32.4 percent voted and 32,598 shares or less of Holding Company service to be rendered to the policyholders. or 91.7 percent of the votes cast were in Stock, made an affirmative election, on (g) If a stock holding or mutual holding favor of the demutualization. a form provided to such Eligible company is organized, the financial 10. Standard’s Demutualization Plan Member by Standard, to receive Cash condition of the stock holding company, the provided for Eligible Members to instead of Holding Company Stock. mutual holding company or any subsidiary receive Holding Company Stock, Cash An Eligible Member received Policy thereof will not jeopardize the financial or Policy Credits as consideration for Credits in lieu of Holding Company stability of the converted stock insurer. the termination of their membership Stock with respect any policy that was (h) The financial condition of the interests in the mutual company. (a) an individual retirement annuity converting mutual insurer will not be (Combinations of different forms of jeopardized by the conversion or contract within the meaning of section reorganization, and the conversion or consideration were not permitted.) For 408 of the Code, (b) a tax sheltered reorganization will not jeopardize the purposes of the demutualization, an annuity contract within the meaning of financial stability of the stock holding Eligible Member is any owner of one or section 403(b) of the Code, (c) an company, the mutual holding company or more policies of insurance, if the policy individual annuity contract that had any subsidiary thereof. was in force as of December 17, 1998, been issued pursuant to a plan qualified (i) The competence, experience and the record date for the plan of under section 401(a) of the Code integrity of those persons who will control conversion. This was the date that directly to the plan participant, or (d) an the operation of the converted stock insurer Standard’s Board of Directors adopted individual life insurance policy that had are not contrary to the interests of the Demutualization Plan. policyholders of the converted stock insurer been issued pursuant to a plan qualified and of the public in allowing the plan to Solely for purposes of calculating the under section 401(a) of the Code proceed. amount of consideration, each Eligible directly to the plan participant. (j) Implementation of the plan will protect Member was allocated (but not The decision to receive Holding the interests of the insurance-buying public. necessarily issued) a minimum of 52 Company Stock, Cash or Policy Credits (k) The activity is not subject to other shares of Holding Company Stock as by a Plan was made by one or more material and reasonable objections. soon as reasonably practicable after fiduciaries of such Plan which was (l) All modifications required by the April 21, 1999, the effective date of the independent of Standard and its Director have been made. demutualization. Any remaining affiliates. In addition, neither Standard Section 732 authorizes the Director to Holding Company Stock was allocated nor any of its affiliates exercised employ staff personnel and to engage substantially on the basis of the discretion or provided ‘‘investment outside consultants to assist the advice,’’ within the meaning of 29 CFR Commissioner in determining whether a 32 Under Oregon law, the notice of the 2510.3–21(c), with respect to each such demutualization plan meets the policyholder meeting must be mailed within 45 34 days of the Director’s order and at least 30 days acquisition. Further, no Eligible requirements of Section 732. (In the case prior to the meeting. Eligible Members must receive of the Standard demutualization, the two notices. The first notice pertains to the public 33 As noted above, Standard’s IPO resulted in the Director retained Ernst & Young to hearing and includes a summary of the plan of sale of 15,290,400 shares of Holding Company provide actuarial services, Sidley & demutualization and provides information Stock. An additional 18,310,836 shares were also regarding the right of the Eligible Member to allocated by Standard to Eligible Members. Austin to provide legal services and comment, either in person or in writing, on the 34 Consistent with section 732.600 to 732.630 of plan. The second notice relates to the meeting to Oregon Insurance Law, the Demutualization Plan 31 The Director held a public hearing regarding vote on the plan of demutualization and includes generally provides that the policyholder eligible to Standard’s demutualization on January 27, 1999 a full copy of the plan, a detailed explanation of the participate in the distribution of stock, cash or and approved the Demutualization Plan by order plan and its consequences, and an explanation of policy credits resulting from the Demutualization issued on February 12, 1999. the voting procedure. Continued VerDate 11 Member will pay any brokerage Institutions. As of May 31, 1999, necessary and appropriate to safeguard commissions or fees in connection with Northwestern Trust had assets under the interests of the Standard Plans. the receipt of stock. administration exceeding $3.5 billion. A Northwestern Trust notes that the 11. Standard’s Demutualization Plan majority of those assets consisted of Standard Plans were entitled to receive provided for the Holding Company to retirement plan assets. Northwestern consideration in the form of Holding establish a commission-free sales and Trust’s professional staff manages Company Stock because each of these purchase program. The Program ERISA programs and its ERISA clients Plans was allocated more than 99 commenced on February 24, 2000 and it are located in 15 states across the shares. Thus, Northwestern Trust states will continue until May 31, 2000. The United States. Northwestern Trust that it was not required to make an Program may be extended if the Board provides fiduciary services to a variety ‘‘election’’ with respect to the form of of Directors of the Holding Company of pension and welfare plans and it is consideration that was to be received by determines that the extension is experienced in connection with the the Standard Plans.35 Northwestern appropriate and in the best interest of acquisition, retention and disposition of Trust also states that it advised Standard the Holding Company and its employer securities. In addition, that the only Standard Plan for which a shareholders. Northwestern Trust is extensively distribution of Holding Company Stock Under the Program, each Eligible involved with non-qualified deferred would exceed the 10 percent limitation Member who received 99 or fewer compensation arrangements. To assist imposed by section 407(a)(2) of the Act shares of Holding Company Stock has Northwestern Trust in carrying out its was Standard’s Group Life Plan which been given the opportunity to sell, at independent fiduciary duties, it retained had no other assets. prevailing market prices, all shares of Dorsey & Whitney LLP as independent Northwestern Trust represents that such stock. Moreover, an Eligible legal counsel. the transactions were prudent and in the Member who received 99 or fewer Northwestern Trust represents that it best interests of the Standard Plans and shares of Holding Company Stock is is completely unrelated to Standard and their participants and beneficiaries permitted to purchase, at prevailing its affiliates. In this regard, because the consummation of the market prices, additional shares of Northwestern Trust states that both it transactions was conditioned upon Holding Company Stock required to and Standard have no common officers approval of Standard’s Eligible round-up the total number of shares to or directors nor does it have an Members, an overwhelming majority of 100. Under either the sales or purchase ownership interest in Standard or vice whom approved the Demutualization components of the Program, the Eligible versa. Plan on March 19, 1999, as well as other Member is not required to pay any Northwestern Trust also represents conditions set forth in the brokerage commissions or similar fees. that although it had no voting or Demutualization Plan. In addition, Also, Standard and its affiliates have not dispositive power over shares of Northwestern Trust states that its provided (and will not provide) Holding Company Stock other than determination that the transactions were ‘‘investment advice,’’ as defined in 29 pursuant to its Independent Fiduciary appropriate for the Standard Plans was CFR 2510.3–21(c). Agreement with Standard, it acted as a based upon its review of all of the facts 12. Northwestern Trust was appointed directed trustee or custodian to various and circumstances surrounding the by Standard to serve as the independent retirement or welfare plans that were transactions, including documentation fiduciary and, in so doing, to represent not sponsored by Standard or its and records prepared in connection the interests of the Standard Plans that affiliates. On a de minimus basis, with the transactions. Based upon this are identified in Representation 4. Northwestern Trust explains that it information, Northwestern Trust Northwestern Trust is a privately-owned made investments on behalf of these determined that approval of the trust company chartered by the State of plans in contracts issued by Standard. Demutualization Plan would be in the Washington and regulated by the State However, Northwestern Trust states that best interests of all of the Standard of Washington Department of Financial it received no revenues from these Plans and their participants and investments other than a trustee or beneficiaries. Accordingly, Plan is the ‘‘Owner’’ of the policy and that ‘‘The custodial fee from the investing plan. Northwestern Trust explains that it Owner of a Policy shall be shown on the Company’s As the independent fiduciary for the voted in favor of the Demutualization records.’’ Standard further represents that an Standard Plans, Northwestern Trust Plan and directed the appropriate insurance or annuity policy that provides benefits explains that it understood and fiduciaries of the Standard Plans to under an employee benefit plan, typically designates the employer that sponsors the plan, or acknowledged the duties, receive and hold title to the Holding a trustee acting on behalf of the plan, as the owner responsibilities and liabilities in acting Company Stock when issued. of the policy. In regard to insurance or annuity as a fiduciary for such Plans. In this 13. In connection with the disposition policies that designate the employer or trustee as respect, Northwestern Trust states that of Holding Company Stock that was owner of the policy, Standard represents that it was in accordance with the terms of its held by the Standard Plans, required under the foregoing provisions of Oregon Law and the Demutualization Plan to make Independent Fiduciary Agreement, it (a) Northwestern Trust directed that such distributions resulting from such Plan to the exercised its authority and shares be repurchased by the Holding employer or trustee as owner of the policy, except responsibility to vote on behalf of the Company as follows: as provided below. Standard Plans at the special meeting of (a) The Standard Defined In general, it is the Department’s view that, if an Contribution Plans. The Standard insurance policy (including an annuity contract) is Eligible Members on the proposal to purchased with assets of an employee benefit plan, approve the Demutualization Plan; (b) Defined Contribution Plan-Employees including participant contributions, and if there monitored, on behalf of the Standard and the Standard Defined Contribution exist any participants covered under the plan (as Plans, the holding of the Holding Plan-Agents received a total of 44,610 defined at 29 CFR 2510.3–3) at the time when shares of Holding Company Stock as a Standard incurred the obligation to distribute Company Stock; and (c) provided Holding Company Stock, Cash or policy credits, instructions with respect to the voting, result of the demutualization. The then such consideration would constitute an asset the continued holding and the of such plan. Under these circumstances, the disposition of Holding Company Stock 35 Indeed, the Independent Fiduciary Agreement appropriate plan fiduciaries must take all necessary held by all of the Standard Plans. requires that Northwestern Trust make an election steps to safeguard the assets of the plan in order to available under the Demutualization Plan with avoid engaging in a violation of the fiduciary Finally, Northwestern Trust asserts that respect to the form of consideration that is to be responsibility provisions of the Act. it would take all actions that were received by each of the Standard Plans. VerDate 11 Holding Company Stock held by these shares of Holding Company Stock by include a copy of the notice of proposed Standard Plans was repurchased by the each of the Standard Plans. Therefore, it exemption as published in the Federal Holding Company for cash in four equal has not requested administrative Register as well as a supplemental weekly installments occurring on exemptive relief from the Department.37 statement, as required pursuant to 29 November 4, 1999, November 10, 1999, 14. In summary, it is represented that CFR 2570.43(b)(2) which shall inform November 18, 1999 and November 24, the transactions satisfied or will satisfy interested persons of their right to 1999 at the closing market prices on the statutory criteria for an exemption comment on the proposed exemption. those dates. In this regard, on November under section 408(a) of the Act because: Comments with respect to the notice of 4, 1999, the Standard Defined (a) The Plan of Demutualization, proposed exemption are due within 44 Contribution Plans sold 11,152 shares of which was being implemented pursuant days after the date of publication of this Holding Company Stock to the Holding to stringent procedural and substantive pendency notice in the Federal Company for a closing price of $24.625 safeguards imposed under Oregon law Register. per share. On November 10, 1999, the and supervised by the Director, will not FOR FURTHER INFORMATION CONTACT: Ms. Standard Defined Contribution Plans require any ongoing involvement by the Jan D. Broady of the Department, sold another 11,152 shares of Holding Department. telephone (202) 219–8881. (This is not Company Stock to the Holding (b) One or more independent Plan a toll-free number.) Company for a closing price of $23.625 fiduciaries had an opportunity to per share. On November 18, 1999, the determine whether or not to vote to General Information Standard Defined Contribution Plans approve the terms of the The attention of interested persons is sold 11,153 shares of Holding Company Demutualization Plan and was solely directed to the following: Stock to the Holding Company at a responsible for all such decisions. (1) The fact that a transaction is the closing price of $25.50 per share. (c) The exemption allowed Eligible subject of an exemption under section Finally, on November 24, 1999, the Members that were Plans to acquire 408(a) of the Act and/or section Standard Defined Contribution Plans Holding Company Stock, Cash or Policy 4975(c)(2) of the Code does not relieve sold 11,153 shares of Holding Company Credits in exchange for their a fiduciary or other party in interest or Stock to the Holding Company at the membership interests in Standard and disqualified person from certain other closing price of $28.188 per share. neither Standard nor its affiliates (b) The Standard Defined Benefit provisions of the Act and/or the Code, exercised any discretion nor provided including any prohibited transaction Plans. The Standard Defined Benefit ‘‘investment advice’’ within the Plan-Employees and the Standard provisions to which the exemption does meaning of 29 CFR 2510.3–21(c) with not apply and the general fiduciary Defined Benefit-Agents received 26,127 respect to such acquisitions. shares and 4,389 shares, respectively, as responsibility provisions of section 404 (d) No Eligible Member paid any of the Act, which, among other things, a result of the demutualization. These brokerage commissions or fees in shares were repurchased by the Holding require a fiduciary to discharge his connection with such Eligible Member’s duties respecting the plan solely in the Company on November 4, 1999 at the receipt of Holding Company Stock, nor closing market price per share of interest of the participants and did (or will) an Eligible Member pay any beneficiaries of the plan and in a $24.625. brokerage commissions or fees with (c) The Standard Group Life Plan. In prudent fashion in accordance with respect to the implementation of the Standard’s demutualization, the section 404(a)(1)(b) of the Act; nor does Program. Standard Group Life Plan received it affect the requirement of section (e) Each Eligible Member that was a 29,562 shares of Holding Company 401(a) of the Code that the plan must Plan had an opportunity to comment on Stock.36 On November 4, 1999, 23,490 operate for the exclusive benefit of the shares of Holding Company Stock that the Demutualization Plan and to vote to employees of the employer maintaining were held by the Standard Group Life approve such Plan after receiving full the plan and their beneficiaries; Plan were repurchased by the Holding and complete disclosure of its terms. (2) Before an exemption may be Company at the closing market price of (f) The Director made an independent granted under section 408(a) of the Act $24.625 per share. On November 11, determination that the Demutualization and/or section 4975(c)(2) of the Code, 1999, the remaining 5,632 shares of Plan was in the interest of all of the Department must find that the Holding Company Stock that were held Standard’s policyholders, including exemption is administratively feasible, by the Standard Group Life Plan and Plans. in the interests of the plan and of its which had been transferred to a (g) The Plan of Demutualization did participants and beneficiaries, and voluntary beneficiary employee not change and will not change protective of the rights of participants association, were sold to the Holding premiums or reduce policy benefits, and beneficiaries of the plan; Company at the closing price of $23.562 values, guarantees or other policy (3) The proposed exemptions, if per share. obligations of Standard to its granted, will be supplemental to, and No commissions or other fees were policyholders or contractholders. not in derogation of, any other charged to the Standard Plans with Notice to Interested Persons provisions of the Act and/or the Code, respect to each repurchase transaction. including statutory or administrative Proceeds from the sale were deposited Standard will provide notice of the exemptions and transitional rules. with each Standard Plan and distributed proposed exemption to Eligible Furthermore, the fact that a transaction or allocated by Northwestern Trust. Members which are Plans within 14 is subject to an administrative or Standard represents that statutory days of the publication of the notice of statutory exemption is not dispositive of exemptive relief under section 408(e) of pendency in the Federal Register. Such whether the transaction is in fact a the Act will cover the repurchase of notice will be provided to interested prohibited transaction; and persons by first class mail and will (4) The proposed exemptions, if 36 As noted previously, it is believed that shares granted, will be subject to the express 37 of Holding Company Stock attributed to the The Department again expresses no opinion on condition that the material facts and Standard Disability Plan were determined not to be whether the sale of Holding Company Stock by any ‘‘plan assets’’ and thus, were distributed to of the Standard Plans described above satisfied the representations contained in each Standard. terms and conditions of section 408(e) of the Act. application are true and complete, and VerDate 11 VerDate 11 VerDate 11 NEWS MEDIA CONTACT: Telephone: (202) facility in accordance with the proposed kind of accident from any accident 314–6100. amendment would not (1) involve a previously analyzed. Individuals requesting specific significant increase in the probability or 3. The proposed changes do not involve a accommodation should contact Mrs. consequences of an accident previously significant reduction in a margin of safety. Barbara Bush at (202) 314–6220 by The reduction in the minimum evaluated; or (2) create the possibility of complement of equipment necessary for the Friday, May 26, 2000. a new or different kind of accident from operability of the movable incore detector FOR MORE INFORMATION CONTACT: Rhonda any accident previously evaluated; or system only impacts the monitoring and Underwood (202) 314–6065. (3) involve a significant reduction in a calibration functions of the system. Dated: May 19, 2000. margin of safety. As required by 10 CFR Reduction of the number of available moveable incore detector thimbles to the Rhonda Underwood, 50.91(a), the licensee has provided its analysis of the issue of no significant 50% level does not significantly degrade the Federal Register Liaison Officer. hazards consideration, which is ability of the system to measure core power [FR Doc. 00–13091 Filed 5–19–00; 2:58 pm] presented below: distributions. With less than 75% but greater BILLING CODE 7590±01±M than or equal to 50% of the detector thimbles 1. The proposed changes do not involve a available, core peaking factor measurement significant increase in the probability or uncertainties will be increased but will be consequences of an accident previously NUCLEAR REGULATORY compensated for by conservative evaluated. measurement uncertainty adjustments in the COMMISSION The movable incore detector system is Technical Specifications to ensure that [Docket No. 50±311] used only to provide confirmatory pertinent core design parameters are information on the neutron flux distribution maintained. Sufficient additional penalty is Public Service Electric and Gas of the core. This system does not provide any added to the power distribution automatic control functions or protective measurements such that this change does not Company; Notice of Consideration of functions for the operation of the plant. The Issuance of Amendment To Facility impact the safety margins that currently only accident that the movable incore exist. Also, the reduction of available Operating License, Proposed No detector system could be involved in is the detector thimbles has negligible impact on Significant Hazards Consideration breaching of the detector thimbles which is the quadrant power tilt and core average Determination, and Opportunity for a bounded by the small break loss of coolant axial power shape measurements and will Hearing accident (LOCA) analysis. As the proposed not adversely affect excore detector changes do not involve any changes to the calibration. Sufficient detector thimbles will The U.S. Nuclear Regulatory physical equipment or operation of the be available to ensure that no quadrant will Commission (the Commission) is system, there is no increase in the probability be unmonitored. considering issuance of an amendment of an accident previously evaluated. Based on the above, the proposed changes to Facility Operating License No. DPR– The movable incore detector system will not result in a reduction in the margin 75 issued to Public Service Electric and provides a monitoring function that is not of safety. Gas Company (the licensee), for used for accident mitigation. The small break The NRC staff has reviewed the operation of the Salem Nuclear LOCA analysis continues to bound potential licensee’s analysis and, based on this breaching of the system’s detector thimbles. review, it appears that the three Generating Station, Unit No. 2 (Salem With less than 75% but greater than or equal Unit No. 2), located in Salem County, to 50% of the detector thimbles available, standards of 10 CFR 50.92(c) are New Jersey. core peaking factor measurement satisfied. Therefore, the NRC staff The proposed amendment would uncertainties will be increased. This can proposes to determine that the modify the requirements contained in impact core peaking factors and as a result amendment request involves no the Salem Unit No. 2 Technical could affect the consequences of certain significant hazards consideration. Specifications regarding the operation of accidents. However, any changes in the core The Commission is seeking public the movable incore detector system. The peaking factors resulting from increased comments on this proposed proposed change would be a one-time measurement uncertainties will be determination. Any comments received change to allow use of the movable compensated for by conservative within 30 days after the date of measurement uncertainty adjustments in the publication of this notice will be incore detector system for measurement Technical Specifications to ensure that of core peaking factors with less than pertinent core design parameters are considered in making any final 75% and greater than or equal to 50% maintained. Sufficient additional penalty is determination. of the detector thimbles available. The added to the power distribution Normally, the Commission will not licensee has submitted this request in measurements such that this change will not issue the amendment until the response to degradation of the Salem impact the consequences of any accident expiration of the 30-day notice period. Unit No. 2 movable incore detector previously evaluated. However, should circumstances change system. There are currently 75.8% of the Therefore, the proposed changes will not during the notice period such that detector thimble locations available for involve a significant increase in the failure to act in a timely way would probability or consequences of an accident result, for example, in derating or use. The proposed changes would allow previously evaluated. continued operation of Salem Unit No. 2. The proposed changes do not create the shutdown of the facility, the 2 through the remainder of Cycle 11. possibility of a new or different kind of Commission may issue the license Before issuance of the proposed accident from any accident previously amendment before the expiration of the license amendment, the Commission analyzed. 30-day notice period, provided that its will have made findings required by the There are no changes to the physical plant final determination is that the Atomic Energy Act of 1954, as amended or operation of the movable incore systems amendment involves no significant (the Act) and the Commission’s as a result of the proposed changes. Since no hazards consideration. The final regulations. changes are being made to the way the determination will consider all public The Commission has made a system is operated and no changes are being and State comments received. Should made to the system equipment, no new proposed determination that the accidents or different accidents than the Commission take this action, it will amendment request involves no previously analyzed are introduced by the publish in the Federal Register a notice significant hazards consideration. Under proposed changes. of issuance and provide for opportunity the Commission’s regulations in 10 CFR Therefore, the proposed changes will not for a hearing after issuance. The 50.92, this means that operation of the create the possibility of a new or different Commission expects that the need to VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 Nasdaq proposes to amend Section such shares and confers upon the Staggered Board: Delaware Law 4.13(a) to eliminate a provision that the Nasdaq Board such authority. permits a corporation, either in its Board may remove a committee member Scaled Voting: Paragraph C of Article certificate of incorporation or in a only for refusal, failure, neglect, or Fourth contains a ‘‘scaled voting’’ stockholder-adopted by-law, to divide inability to discharge the committee provision. Pursuant to this provision, its board of directors into three classes, member’s duties. Removal of a beneficial owners of Nasdaq common with the term of office of one-third of committee member would still require a stock have their voting power capped. the directors expiring each year. A majority vote of the whole Board and Specifically, any person who benefically staggered or classified board of directors notice to the committee member. owns shares of common stock in excess provides for continuity of membership Nasdaq proposes to amend Section of five percent of the then-outstanding and limits an acquiror’s ability to effect 4.14(b), which concerns interested party shares of common stock (‘‘Excess a rapid change in control of a transactions, to permit the authorization Shares’’) will not be entitled or corporation and/or its management, or ratification of an interested party permitted to vote any such Excess since it will take at least two transaction by a majority of Shares. This provision is not, however, stockholder meetings, instead of one, for disinterested Directors, even if the applicable to: (1) the NASD or its majority control of the board to shift. number of such Directors does not affiliates until such time as NASD The Certificate contains such a constitute a quorum. The Section is beneficially owns five percent of less of provision. Under the amended further amended by eliminating a the outstanding shares of Nasdaq Certificate, Directors elected to the provision that excludes from common stock; or (2) any other person classified board may be removed only application of the Section any contracts approved by the Board for such an for cause and by affirmative vote of at or transactions among the NASD exemption before such person owns least 662⁄3% of the total voting power of companies. The amended Section will more than five percent of the the outstanding shares of capital stock not apply to contracts or transactions outstanding shares of Nasdaq common of Nasdaq entitled to vote generally in among stockholders. stock. The purpose of this latter the election of directors, voting together Article IX exemptive provision is to allow some as a single class. See also Article IV, flexibility should Nasdaq seek to enter The text of Section 9.1, which states Section 4.4, Bylaws. into a business combination in which it that the NASD shall be the sole Filling Vacancies on the Board and would want to utilize shares of common stockholder of Nasdaq, is deleted. The Newly-Created Directorship: Under stock in the transaction. The Nasdaq remainder of Article IX is renumbered Delaware Law, unless otherwise Board may not approve an exemption accordingly. References to a single provided in the certificate of for a registered broker or dealer or an stockholder throughout the By-Laws are incorporation or by-laws, (i) vacancies affiliate (with certain exceptions for amended to refer to ‘‘stockholders.’’ and newly-created directorships may be affiliates as defined in the provision) or filled by a majority of the directors then Article XI an individual or entity that is subject to in office, although less than a quorum, Currently, as sole stockholder of a statutory disqualification under or by a sole remaining director, or (ii) Nasdaq, the NASD may amend the Section 3(a)(39) of the Act. The Nasdaq if holders of any class or classes of stock Nasdaq By-Laws. Nasdaq proposes to Board may grant an exemption to any are entitled to elect one or more amend Section 11.1 to eliminate this other shareholder if the Board directors, vacancies and newly-created authority and provide that the Nasdaq determines that granting an exemption directorships of such class or classes By-Laws may be amended by an would: (1) not reasonably be expected to may be filled by a majority of the other affirmative vote of the holders of at least diminish the quality of, or public directors elected by such class or 662⁄3 percent of the voting power of the confidence in, The Nasdaq Stock Market classes. The Certificate vests the Board then outstanding stock entitled to vote, or the other operations of Nasdaq, on with the exclusive authority to fill voting together as a single class. As the ability to prevent fraudulent and vacancies on the Board and newly- under the current By-Laws, the Nasdaq manipulative acts and practices and on created directorships. Board also may amend the By-Laws. See investors and the public, and (2) Article Seventh also Article Eighth, Certificate. promote just and equitable principles of Limitations on Stockholder Actions Certificate trade, foster cooperation and coordination with persons engaged in Without Meetings: Unless otherwise Nasdaq is amending the Certificate to regulating, clearing, settling, processing provided in the certificate of conform it to the changes described information with respect to and incorporation, stockholders of a above,, as well as to make the following facilitating transactions in securities or Delaware corporation may take action changes. assist in the removal of impediments to without meetings, without prior notice Article Fourth or perfection of the mechanisms for a and without a vote if a consent or free and open market and a national consents in writing setting forth the Number of Shares: The Certificate action taken is signed by the holders of currently authorizes Nasdaq to issues market system. Article Fifth that number of shares that would be 2,000 shares of common stock. The required to authorize the taking of such authorization is increased to 330 million Board Size: Under Delaware Law, the action at a meeting at which all shares shares. number of directors must be fixed by, or were present. The Certificate prohibits Blank Check Preferred Stock: Under in the manner provided in, the by-laws stockholder action by written consent. Delaware Law, a certificate of unless the certificate of incorporation incorporation of a corporation can fixes the number of directors, in which Articles Eighth and Ninth authorize the issuance of shares of case a change in the number of directors Power of Board to Amend By-Laws: preferred stock, the terms of which are shall be made only by amendment to the Under Delaware Law, stockholders have not set forth in the certificate of certificate of incorporation. The the power to adopt, amend, or repeal by- incorporation but may be fixed by the Certificate vests the Board with the laws. However, the certificate of board of directors in the future. The exclusive authority to fix the number of incorporation can also confer this power Certificate authorizes the issuance of directors of Nasdaq. upon the directors. The Certificate vests VerDate 11 VerDate 11 II. Self-Regulatory Organization’s currently accepted time frame. The prior to the meeting, and the person Statement of the Purpose of, and company also has agreed to give the must be a record holder on the meeting Statutory Basis for, the Proposed Rule Exchange 10 days’ notice of the record date.5 Change date. 2. Basis In its filing with the Commission, the The coincidence of the record and The basis under the Exchange Act for Exchange included statements meeting date also raises the possibility this proposed rule change is the concerning the purpose of and basis for that a selling shareholder could give a requirement under Section 6(b)(5) of the the proposed rule change and discussed proxy and then sell the shares, with the Act 6 that an exchange have rules that any comments it received on the buyer also getting a proxy. This could are designed to prevent fraudulent and proposed rule change. The text of these lead to double voting. In order to manipulative acts and practices, to statements may be examined at the address this, both The Bank of New promote just and equitable principles of places specified in Item III below. The York as transfer agent (the ‘‘Transfer trade, to foster cooperation and Exchange has prepared summaries, set Agent’’) and Automatic Data Processing coordination with persons engaged in forth in Sections A, B and C below, of (‘‘ADP’’), the proxy agent for most regulating, clearing, settling, processing the most significant aspects of such member organizations, will institute information with respect to, and statements. procedures to monitor changes in the shareholder list between the date the facilitating transactions in securities, to A. Self-Regulatory Organization’s proxy material is originally mailed out remove impediments to and perfect the Statement of the Purpose of, and and the date of the meeting. These mechanism of a free and open market Statutory Basis for, the Proposed Rule procedures will be designed (i) to cancel and a national market system, and, in Change the votes of persons who submit proxies general, to protect investors and the public interest. 1. Purpose but sell their shares prior to the meeting date, and (ii) to facilitate voting by The purpose of the proposed rule B. Self-Regulatory Organization’s persons who purchase shares after the Statement on Burden on Competition change is to provide an interpretation time the proxy material is mailed out, under the Exchange’s rules to but before the meeting date. The second The proposed rule change does not accommodate the listing and trading of purpose of the proposed rule change is impose any burden on competition that UBS. This interpretation pertains to to accept these procedures as being in is not necessary or appropriate in UBS’s proxy solicitation and voting compliance with NYSE procedures. furtherance of the purposes of the procedures, and is similar to an Both the Transfer Agent and ADP will Exchange Act. interpretation that the Commission produce shareholder lists on the day 3 C. Self-Regulatory Organization’s approved in 1998 with respect to the designated for mailing the proxy Statement on Comments on the listing of the ordinary shares of material (approximately 30–45 days 4 Proposed Rule Change Received From DaimlerChrysler. prior to the meeting). The Transfer Members, Participants or Others Under Swiss law, only stockholders Agent’s list will reflect the names of who hold shares on the date of the registered holders and ADP’s list will The Exchange has not solicited, and stockholders meeting are entitled to reflect the names of beneficial owners. does not intend to solicit, comments on vote. Accordingly, the record date for Prior to the meeting date, the Transfer this proposed rule change. The voting at a stockholder meeting is the Agent and ADP will each produce a Exchange has not received any meeting date. In contrast, Exchange current shareholder list. If holders no unsolicited written comments from rules require 10 days’ notice of a record longer appear on the list, then votes members or other interested parties. date and 30 days between record and attributed to proxies submitted by them III. Solicitation of Comments meeting date. UBS will modify its will be cancelled. If new holders appear, Interested persons are invited to current practice to accommodate the proxy materials will be mailed to them submit written data, views and notice periods in the United States. In by the Transfer Agent, the case of arguments concerning the foregoing, Switzerland, there already are registered owners, and by ADP, in the procedures to distribute preliminary case of beneficial owners. including whether the proposed rule agendas and other information to The shareholder lists can be updated change is consistent with the Act. shareholders approximately one month periodically up until the date of the Persons making written submissions before the meeting. UBS has agreed to meeting. If practicable, proxy materials should file six copies thereof with the prepare and mail stockholder meeting will be mailed to any new holders. This Secretary, Securities and Exchange materials approximately 45 days prior to will be done on a best efforts basis. Such Commission, 450 Fifth Street, N.W., its meeting, permitting the solicitation best efforts may include electronic 5 notification and expedited delivery With respect to dividends, UBS’s record date of proxies in the Untied States in the also will be the date of the company’s annual service. The proxy materials will meeting (like most Swiss companies, UBS pays 3 See Securities Exchange Act Release No. 40597 describe voting procedures in detail. dividends annually.) This will make it impossible (October 23, 1998), 63 FR 58435 (October 30, 1998). Notices will be included advising of the to trade the stock ‘‘ex-dividend’’ on the Exchange That rule change also interpreted the Exchange’s automatic revocation of the proxy if the in the normal course. Accordingly, the Exchange rules to accommodate the form of DaimlerChrysler’s will use its existing flexibility under Exchange share certificates. The Exchange is not requesting holder sells stocks prior to the meeting. Rules 235 and 257 and Paragraph 703.02 of the approval of any interpretations related to UBS’s Finally, as a check and balance, the total Manual to trade UBS stock with ‘‘due bills’’ for the share certificates. vote cast in nominee name will not be period that the stock normally would trade ex- 4 The Exchange anticipates developing and filing permitted to exceed the total position so dividend. This is a process pursuant to which the with the Commission such generally applicable seller will receive the dividend, but is obligated to rules as are necessary to cover matters relating to held. pay the dividend to the buyer of the shares. This the trading of ordinary shares of non-U.S. In addition, UBS shareholders can process will be transparent to investors since due companies, thus making company specific rule vote in person at a shareholder’s bills net out in the clearing process. To avoid any filings such as this one unnecessary. Since UBS is meeting. Under Swiss law, a potential confusion as to the ‘‘ex-dividend date,’’ listing before the development work can be the Exchange will endeavor to transmit notices to finalized, however, the Exchange is requesting this shareholder must give the company member organizations well in advance of the company-specific approval, following the notice of his or her intent to vote in dividend declaration date. DaimlerChrysler model. person no later than three business days 6 15 U.S.C. 78f(b)(5). VerDate 11 Washington, D.C. 20549. Copies of the votes cast at the annual meeting to SMALL BUSINESS ADMINISTRATION submission, all subsequent accurately reflect the company’s amendments, all written statements shareholders at the time of the meeting. Reporting and Recordkeeping with respect to the proposed rule Indeed, the Commission approved a Requirements Under OMB Review change that are filed with the substantially similar interpretation in AGENCY: Small Business Administration. Commission, and all written 1998 to permit the NYSE to trade ACTION: Notice of reporting requirements communications relating to the ordinary shares of DaimlerChrysler.9 proposed rule change between the submitted for OMB review. Commission and any person, other than The Commission notes that the SUMMARY: Under the provisions of the those that may be withheld from the Exchange states that it anticipates Paperwork Reduction Act (44 U.S.C. public in accordance with the developing and filing generally Chapter 35), agencies are required to provisions of 5 U.S.C. 552, will be applicable rules related to the trading of submit proposed reporting and available for inspection and copying in ordinary shares of non-U.S. companies, recordkeeping requirements to OMB for the Commission’s Public Reference making this type of company-specific review and approval, and to publish a Section, 450 Fifth Street, N.W., rule filing unnecessary. The notice in the Federal Register notifying Washington, D.C. 20549. Copies of such Commission supports that goal, and the public that the agency has made filing will also be available for concurs that general rules are preferable such a submission. inspection and copying at the principal to a series of company-specific office of the Exchange. All submissions exemptions. DATES: Submit comments on or before should refer to File No. SR–NYSE–00– June 22, 2000. If you intend to comment The Exchange has requested that the 23 and should be submitted by June 13, but cannot prepare comments promptly, Commission approve the proposed rule 2000. please advise the OMB Reviewer and change prior to the thirtieth day after its the Agency Clearance Officer before the IV. Commission’s Findings and Order publication in the Federal Register. deadline. Granting Accelerated Approval of According to the Exchange, the trading COPIES: Request for clearance (OMB 83– Proposed Rule Change of UBS shares on the Exchange is 1), supporting statement, and other The Commission finds that the scheduled to commence on May 16, documents submitted to OMB for NYSE’s proposal to interpret the Manual 2000. The Exchange states that in light review may be obtained from the to accommodate the listing and trading of the significant trading interest in UBS Agency Clearance Officer. of UBS shares is consistent with the Act shares and the imminence of its listing ADDRESSES: Address all comments and the rules and regulations date, approving this rule as quickly as thereunder applicable to a national concerning this notice to: Agency possible will help eliminate uncertainty Clearance Officer, Jacqueline White, securities exchange.7 Specifically, the on the part of the market participants. Commission finds that the proposed Small Business Administration, 409 3rd The Exchange also states that Street, S.W., 5th Floor, Washington, rule change is consistent with Section DaimlerChrysler ordinary shares have 8 D.C. 20416; and OMB Reviewer, Office 6(b)(5) of the Act in that it will remove traded without difficulty on the impediments to and perfect the of Information and Regulatory Affairs, Exchange since their first listing. mechanism of a free and open market, Office of Management and Budget, New and will protect investors and the The Commission finds good cause for Executive Office Building, Washington, public interest, by enabling the NYSE to approving the proposed rule change D.C. 20503. serve as a market for shares of UBS prior to the thirtieth day after the date FOR FURTHER INFORMATION CONTACT: (rather than American depository of publication of notice of filing in the Jacqueline White, Agency Clearance receipts) while maintaining trading Federal Register. The Commission Officer, (202) 205–7044. standards that are substantially believes that it is necessary to approve SUPPLEMENTARY INFORMATION: equivalent to the NYSE’s existing the NYSE’s proposal on an accelerated Title: Amendments to License standards. basis to permit the public to begin to Application. The Commission believes that it is trade the newly issued UBS shares on Form No.: SBA Form-415C. reasonable for the NYSE to interpret the the NYSE without questions about how Frequency: On Occasion. Manual to accept UBS’s proxy UBS will conduct proxy voting. Description of Respondents: SBIC procedures. By mailing stockholder Investment Companies. It is Therefore Ordered, pursuant to meeting materials approximately 45 Annual Responses: 1,200. Section 19(b)(2) of the Act 10 that the days prior to its annual meeting, UBS Annual Burden: 300. will give shareholders the same type of proposed rule change (SR–NYSE–00– advance notification provided for in the 23) is hereby approved on an Jacqueline White, Manual. Moreover, UBS’s proxy accelerated basis. Chief, Administrative Information Branch. procedures will cancel proxies for For the Commission, by the Division of [FR Doc. 00–12925 Filed 5–22–00; 8:45 am] shares sold prior to the meeting, and Market Regulation, pursuant to delegated BILLING CODE 8025±01±U will facilitate voting by persons who authority.11 purchase shares during the month Margaret H. McFarland, leading up to the meeting. In that way, DEPARTMENT OF STATE the Exchange’s proxy procedures Deputy Secretary. regarding UBS appear to be [FR Doc. 00–12927 Filed 5–22–00; 8:45 am] [Public Notice #3310] substantially equivalent to the NYSE’s BILLING CODE 8010±01±M Shipping Coordinating Committee; existing standards, by permitting the Notice of Meeting 7 In approving this rule, the Commission has The Shipping Coordinating considered the proposed rule’s impact on 9 efficiency, competition and capital formation. 15 See note 3, supra. Committee will hold a meeting on June U.S.C. 78c(f). 10 15 U.S.C. 78s(b)(2). 16, 2000 from 2 pm to 5 pm to obtain 8 15 U.S.C. 78f(b)(5). 11 17 CFR 200.30–3(a)(12). public comment on issues to be VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 33. Robert H. Niederdeppe 42. David A. Ferguson 51. Anthony R. Miles Mr. Niederdeppe does not have 3 Mr. Ferguson does not have 3 years of Mr. Miles does not have sufficient years of experience driving a experience driving a commercial motor driving experience over the past 3 years commercial motor vehicle with his vehicle with his vision deficiency. under normal highway operating vision deficiency. 43. John V. Cascone conditions that would serve as an adequate predictor of future safe 34. Thomas E. Hammond, Sr. Mr. Cascone has no experience performance. operating a commercial motor vehicle Mr. Hammond does not have and therefore presented no evidence 52. David L. Burroughs sufficient driving experience over the from which the FMCSA can conclude past 3 years under normal highway that granting the exemption is likely to Mr. Burroughs does not have 3 years operating conditions that would serve as achieve a level of safety equal to that of experience driving a commercial an adequate predictor of future safe existing without the exemption. motor vehicle with his vision performance. deficiency. 44. John D. McCormick 35. Michael Dupell 53. John D. Prather, Jr. Mr. McCormick does not have 3 years Mr. Dupell does not have sufficient of experience driving a commercial Mr. Prather does not have sufficient driving experience over the past 3 years motor vehicle with his vision driving experience over the past 3 years under normal highway operating deficiency. under normal highway operating conditions that would serve as an conditions that would serve as an 45. Gary W. Lindsey, Jr. adequate predictor of future safe adequate predictor of future safe performance. Mr. Lindsey has no experience performance. 36. Kenneth L. Taylor operating a commercial motor vehicle and therefore presented no evidence 54. Eddie M. Brown Mr. Taylor does not have 3 years of from which the FMCSA can conclude Mr. Brown does not have sufficient experience driving a commercial motor that granting the exemption is likely to driving experience over the past 3 years vehicle with his vision deficiency. achieve a level of safety equal to that under normal highway operating 37. Marvin L. Muilenburg existing without the exemption. conditions that would serve as an 46. Mona J. Meyers adequate predictor of future safe Mr. Muilenburg does not have performance. sufficient driving experience over the Ms. Myers does not have 3 years past 3 years under normal highway recent experience driving a commercial 55. Thomas G. Danclovic operating conditions that would serve as motor vehicle with her vision Mr. Danclovic does not have an adequate predictor of future safe deficiency. sufficient driving experience over the performance. 47. Dorian N. Holladay past 3 years under normal highway 38. Gregory B. Roberts Mr. Holladay had three commercial operating conditions that would serve as an adequate predictor of future safe Mr. Roberts does not have sufficient motor vehicle speeding violations performance. driving experience over the past 3 years within a 3-year period while operating under normal highway operating a commercial motor vehicle and during 56. Kim A. Shaffer conditions that would serve as an the application process he received a adequate predictor of future safe fourth speeding violation in a Mr. Shaffer does not have sufficient performance. commercial motor vehicle. He does not driving experience over the past 3 years qualify since each applicant is allowed under normal highway operating 39. Abe A. Fehr only 2 citations. conditions that would serve as an adequate predictor of future safe Mr. Fehr does not have sufficient 48. Roger D. Duggins performance. driving experience over the past 3 years Mr. Duggins does not have sufficient under normal highway operating driving experience over the past 3 years 57. James H. Martin conditions that would serve as an under normal highway operating Mr. Martin does not have sufficient adequate predictor of future safe conditions that would serve as an performance. driving experience over the past 3 years adequate predictor of future safe under normal highway operating 40. Jerry L. Paulsen performance. conditions that would serve as an Mr. Paulsen does not have sufficient 49. Duane B. Coggin adequate predictor of future safe performance. driving experience over the past 3 years Mr. Coggin does not have sufficient under normal highway operating driving experience over the past 3 years 58. Joseph R. Maillet, Jr. conditions that would serve as an under normal highway operating adequate predictor of future safe conditions that would serve as an Mr. Maillet does not have sufficient performance. adequate predictor of future safe driving experience over the past 3 years performance. under normal highway operating 41. Timothy D. McDaniel conditions that would serve as an Mr. McDaniel has no experience 50. Morris R. Beebe adequate predictor of future safe operating a commercial motor vehicle Mr. Beebe does not have sufficient performance. and therefore presented no evidence driving experience over the past 3 years 59. Vincent J. Hayhurst from which the FMCSA can conclude under normal highway operating that granting the exemption is likely to conditions that would serve as an Mr. Hayhurst does not have 3 years of achieve a level of safety equal to that adequate predictor of future safe experience driving a commercial motor existing without the exemption. performance. vehicle with his vision deficiency. VerDate 11 60. David O. Caldwell 70. Raymond J. Misslich 80. Ambrosio E. Calles Mr. Caldwell does not have 3 years of Mr. Misslich does not have sufficient Mr. Calles does not have sufficient experience driving a commercial motor driving experience over the past 3 years driving experience over the past 3 years vehicle with his vision deficiency. under normal highway operating under normal highway operating 61. Kenneth G. Mallette conditions that would serve as an conditions that would serve as an adequate predictor of future safe adequate predictor of future safe Mr. Mallette does not have 3 years of performance. performance. experience driving a commercial motor vehicle with his vision deficiency. 71. Sherman R. Garrett 81. Arnold G. Patchin 62. Micheal L. Metivier Mr. Garrett does not have 3 years of Mr. Patchin does not have sufficient experience driving a commercial motor driving experience over the past 3 years Mr. Metivier has no experience vehicle with his vision deficiency. under normal highway operating operating a commercial motor vehicle conditions that would serve as an and therefore presented no evidence 72. Johnny L. Nesbitt, Jr. adequate predictor of future safe from which the FMCSA can conclude Mr. Nesbitt does not have sufficient performance. that granting the exemption is likely to driving experience over the past 3 years achieve a level of safety equal to that under normal highway operating 82. Steven M. Montalbo existing without the exemption. conditions that would serve as an Mr. Montalbo does not have sufficient 63. Chris W. Hageman adequate predictor of future safe driving experience over the past 3 years performance. Mr. Hageman does not have sufficient under normal highway operating driving experience over the past 3 years 73. David A. Christenson conditions that would serve as an under normal highway operating adequate predictor of future safe Mr. Christenson does not have performance. conditions that would serve as an sufficient driving experience over the adequate predictor of future safe past 3 years under normal highway 83. Leonard D. Berogan performance. operating conditions that would serve as Mr. Berogan has no experience 64. Kyle P. McGill an adequate predictor of future safe operating a commercial motor vehicle performance. Mr. McGill does not have sufficient and therefore presented no evidence driving experience over the past 3 years 74. Donald A. Verrill from which the FMCSA can conclude under normal highway operating that granting the exemption is likely to Mr. Verrill does not have sufficient conditions that would serve as an achieve a level of safety equal to that driving experience over the past 3 years adequate predictor of future safe existing without the exemption. under normal highway operating performance. conditions that would serve as an 84. Bobby G. Carr 65. Randall G. Henderson adequate predictor of future safe Mr. Carr does not have sufficient performance. Mr. Henderson does not have driving experience over the past 3 years sufficient driving experience over the 75. Dennis C. Madison, Sr. under normal highway operating past 3 years under normal highway conditions that would serve as an operating conditions that would serve as Mr. Madison does not have 3 years of experience driving a commercial motor adequate predictor of future safe an adequate predictor of future safe performance. performance. vehicle with his vision deficiency. 85. Edward C. Miller 66. Alonza V. Ferrell 76. Michael J. Sullivan Mr. Miller has no experience Mr. Ferrell does not have 3 years of Mr. Sullivan has no experience operating a commercial motor vehicle operating a commercial motor vehicle experience driving a commercial motor and therefore presented no evidence vehicle with his vision deficiency. and therefore presented no evidence from which the FMCSA can conclude from which the FMCSA can conclude 67. Kenneth W. Lyons that granting the exemption is likely to that granting the exemption is likely to achieve a level of safety equal to that Mr. Lyons does not have sufficient achieve a level of safety equal to that existing without the exemption. driving experience over the past 3 years existing without the exemption. under normal highway operating 77. Ronald W. Winslow 86. John E. Kramer conditions that would serve as an adequate predictor of future safe Mr. Winslow does not have sufficient Mr. Kramer does not have sufficient performance. driving experience over the past 3 years driving experience over the past 3 years under normal highway operating under normal highway operating 68. Howard G. Williams conditions that would serve as an conditions that would serve as an Mr. Williams does not have sufficient adequate predictor of future safe adequate predictor of future safe driving experience over the past 3 years performance. performance. under normal highway operating 78. Warren Streeter 87. Donald R. Good conditions that would serve as an adequate predictor of future safe Mr. Streeter does not have 3 years of Mr. Good does not have 3 years of performance. experience driving a commercial motor experience driving a commercial vehicle vehicle with his vision deficiency. with his vision deficiency. 69. Dana Quince 79. William J. Wilkins 88. Rocky D. Rubink Mr. Quince does not have 3 years of recent experience driving a commercial Mr. Wilkins does not have 3 years of Mr. Rubink does not have 3 years of motor vehicle with his vision experience driving a commercial vehicle experience driving a commercial vehicle deficiency. with his vision deficiency. with his vision deficiency. VerDate 11 89. Charles L. Croster 99. Carl D. Hopkins 108. Tommy L. McKnight Mr. Croster does not have sufficient Mr. Hopkins does not have sufficient Mr. McKnight does not have sufficient driving experience over the past 3 years driving experience over the past 3 years driving experience over the past 3 years under normal highway operating under normal highway operating under normal highway operating conditions that would serve as an conditions that would serve as an conditions that would serve as an adequate predictor of future safe adequate predictor of future safe adequate predictor of future safe performance. performance. performance. 90. Tony E. Parks 100. Darin P. Milton 109. Larry E. Dunn Mr. Parks does not have 3 years of Mr. Milton does not have sufficient Mr. Dunn does not have sufficient experience driving a commercial vehicle driving experience over the past 3 years driving experience over the past 3 years with his vision deficiency. under normal highway operating under normal highway operating conditions that would serve as an conditions that would serve as an 91. Steven G. Lee adequate predictor of future safe adequate predictor of future safe performance. performance. Mr. Lee does not have sufficient driving experience over the past 3 years 101. Brian H. Spencer 110. Melvin T. Bullock under normal highway operating Mr. Spencer does not have sufficient Mr. Bullock does not have sufficient conditions that would serve as an driving experience over the past 3 years driving experience over the past 3 years adequate predictor of future safe under normal highway operating under normal highway operating performance. conditions that would serve as an conditions that would serve as an 92. John R. Osborne adequate predictor of future safe adequate predictor of future safe performance. performance. Mr. Osborne does not have sufficient driving experience over the past 3 years 102. Fred A. Christopherson 111. Gerald L. Craig under normal highway operating Mr. Christopherson does not have 3 Mr. Craig does not have sufficient conditions that would serve as an years of experience driving a driving experience over the past 3 years adequate predictor of future safe commercial vehicle with his vision under normal highway operating performance. deficiency. conditions that would serve as an adequate predictor of future safe 93. James G. Binkley 103. David A. Feindel performance. Mr. Binkley does not have sufficient Mr. Feindel does not have sufficient 112. Lewis E. Armstrong driving experience over the past 3 years driving experience over the past 3 years under normal highway operating under normal highway operating Mr. Armstrong does not have conditions that would serve as an conditions that would serve as an sufficient driving experience over the adequate predictor of future safe adequate predictor of future safe past 3 years under normal highway performance. performance. operating conditions that would serve as an adequate predictor of future safe 104. Donald Thompson 94. James D. Raley performance. Mr. Thompson does not have Mr. Raley does not have 3 years of 113. Edwin J. DarDar experience driving a commercial vehicle sufficient driving experience over the with his vision deficiency. past 3 years under normal highway Mr. DarDar does not have sufficient operating conditions that would serve as driving experience over the past 3 years 95. John L. Casner an adequate predictor of future safe under normal highway operating Mr. Casner does not have 3 years of performance. conditions that would serve as an adequate predictor of future safe experience driving a commercial vehicle 105. Daniel Hollins with his vision deficiency. performance. Mr. Hollins does not have sufficient 96. Dennis J. Christensen driving experience over the past 3 years 114. David E. Miller under normal highway operating Mr. Miller does not have sufficient Mr. Christensen does not have conditions that would serve as an driving experience over the past 3 years sufficient driving experience over the adequate predictor of future safe under normal highway operating past 3 years under normal highway performance. conditions that would serve as an operating conditions that would serve as adequate predictor of future safe 106. Christopher J. Kane an adequate predictor of future safe performance. performance. Mr. Kane does not have sufficient 115. Wesley E. Jones 97. Charles F. Schmidt driving experience over the past 3 years under normal highway operating Mr. Jones does not have sufficient Mr. Schmidt does not have 3 years of conditions that would serve as an driving experience over the past 3 years experience driving a commercial vehicle adequate predictor of future safe under normal highway operating with his vision deficiency. performance. conditions that would serve as an adequate predictor of future safe 98. Linda L. Billings 107. Caroleah Baker performance. Ms. Billings does not have sufficient Ms. Baker does not have sufficient driving experience over the past 3 years driving experience over the past 3 years 116. David W. Smith under normal highway operating under normal highway operating Mr. Smith does not have sufficient conditions that would serve as an conditions that would serve as an driving experience over the past 3 years adequate predictor of future safe adequate predictor of future safe under normal highway operating performance. performance. conditions that would serve as an VerDate 11 VerDate 11 ACTION: Notice of petitions and intent to Office’s database at: http:// that he needs in order to operate a grant applications for exemption; www.access.gpo.gov/nara. commercial vehicle.’’ request for comments. Creation of New Agency Mr. Allen has driven tractor-trailer combination vehicles for 14 years, SUMMARY: This notice announces the On December 9, 1999, the President accumulating over 2 million miles. He FMCSA’s preliminary determination to signed the Motor Carrier Safety holds an Arkansas Class A CDL. His grant the applications of 63 individuals Improvement Act of 1999 (Public Law official driving record shows no for an exemption from the vision 106–159, 113 Stat. 1748). The new accidents or convictions of moving requirements in the Federal Motor statute established the Federal Motor violations in a CMV for the past 3 years. Carrier Safety Regulations (FMCSRs). Carrier Safety Administration in the Granting the exemptions will enable Department of Transportation. On 2. Charles Leon Baney these individuals to qualify as drivers of January 4, 2000, the Secretary rescinded Mr. Charles Leon Baney, 61, has commercial motor vehicles (CMVs) in the authority previously delegated to the amblyopia in his right eye. His best interstate commerce without meeting Office of Motor Carrier Safety (OMCS) corrected visual acuity is 20/20 in his the vision standard prescribed in 49 (65 FR 220). This authority is now left eye and 20/400 in the right eye. He CFR 391.41(b)(10). delegated to the FMCSA. was examined in 1999 and his DATES: Comments must be received on The motor carrier functions of the optometrist stated, ‘‘My clinical or before June 22, 2000. OMCS’ Resource Centers and Division impression is that Mr. Baney’s vision is (i.e., State) Offices have been transferred ADDRESSES: Your written, signed sufficient to perform the driving tasks to FMCSA Service Centers and FMCSA comments must refer to the docket required to operate a commercial Division Offices, respectively. number at the top of this document, and vehicle.’’ Rulemaking, enforcement, and other you must submit the comments to the activities of the Office of Motor Carrier Mr. Baney has driven straight trucks Docket Clerk, U.S. DOT Dockets, Room Safety while part of the FHWA, and for 5 years, accumulating 60,000 miles; PL–401, 400 Seventh Street, SW., while operating independently of the tractor-trailer combination vehicles for 6 Washington, DC 20590–0001. All FHWA, will be continued by the years, accumulating over 540,000 miles; comments will be available for FMCSA. The redelegation will cause no and buses for 2 years, accumulating over examination at the above address changes in the motor carrier functions 4,000 miles. He holds an Illinois CDL. between 9 a.m. and 5 p.m., e.t., Monday and operations previously handled by His official driving record shows no through Friday, except Federal holidays. the FHWA or the OMCS. For the time accidents or convictions of moving Those desiring notification of receipt of being, all phone numbers and addresses violations in a CMV for the past 3 years. comments must include a self- are unchanged. addressed, stamped envelope or 3. Walter F. Blair postcard. Background Mr. Walter F. Blair, 63, has been blind FOR FURTHER INFORMATION CONTACT: For Sixty-three individuals have in his left eye since the age of 5 due to information about the vision requested an exemption from the vision trauma. The visual acuity in his right exemptions in this notice, Ms. Sandra requirement in 49 CFR 391.41(b)(10), eye is 20/20, uncorrected. He was Zywokarte, Office of Bus and Truck which applies to drivers of CMVs in examined in 1999 by an optometrist Standards and Operations, (202) 366– interstate commerce. Under 49 U.S.C. who stated, ‘‘In my medical opinion, 2987; for information about legal issues 31315 and 31136(e), the FMCSA (and this person has sufficient vision to related to this notice, Ms. Judith previously the FHWA) may grant an perform the driving tasks required to Rutledge, Office of the Chief Counsel, exemption for a renewable 2-year period operate a commercial vehicle.’’ (202) 366–2519, FMCSA, Department of if it finds ‘‘such exemption would likely Mr. Blair has driven straight trucks for Transportation, 400 Seventh Street, achieve a level of safety that is 31 years, accumulating 620,000 miles. SW., Washington, DC 20590. Office equivalent to, or greater than, the level He holds a Tennessee Class B CDL. His hours are from 7:45 a.m. to 4:15 p.m., that would be achieved absent such official driving record shows no e.t., Monday through Friday, except exemption.’’ Accordingly, the FMCSA accidents or convictions of moving Federal holidays. has evaluated each of the 63 exemption violations in a CMV during the past 3 SUPPLEMENTARY INFORMATION: requests on its merits, as required by 49 years. U.S.C. 31315 and 31136(e), and Electronic Access preliminarily determined that 4. Jullie A. Bolster Internet users may access all exempting these 63 applicants from the Ms. Jullie A. Bolster, 50, has had comments received by the U.S. DOT vision requirement in 49 CFR diffuse haze and corneal scarring due to Dockets, Room PL–401, by using the 391.41(b)(10) is likely to achieve a level severe keratitis in her left eye since universal resource locator (URL): http:/ of safety equal to, or greater than, the 1995. Her best corrected visual acuity is /dms.dot.gov. It is available 24 hours level that would be achieved without 20/20 in her right eye and 20/200 in her each day, 365 days each year. Please the exemption. left eye. She was examined in 1999 by follow the instructions online for more Qualifications of Applicants an ophthalmologist who stated, ‘‘I feel at information and help. this time she has sufficient vision to An electronic copy of this document 1. Elijah Allen, Jr. perform driving tasks required to may be downloaded using a modem and Mr. Elijah Allen, 36, has amblyopia in operate a commercial vehicle.’’ suitable communications software from his left eye. His best corrected visual Ms. Bolster has driven tractor-trailer the Government Printing Office’s acuity is 20/20 in the right eye and 20/ combination vehicles for over 6.5 years, Electronic Bulletin Board Service at 400 in the left eye. He was examined in accumulating over 260,000 miles. She (202) 512–1661. Internet users may 1999 by an ophthalmologist who stated, holds a Montana Class A CDL. Her reach the Office of the Federal Register’s ‘‘In my opinion, because of his current official driving record shows no home page at: http://www.nara.gov/ driving record, I believe he has accidents or convictions of moving fedreg and the Government Printing sufficient vision to perform the tasks violations in a CMV for the last 3 years. VerDate 11 5. Gary Bryan Mr. Calderon has driven a straight 1999, and his optometrist stated, ‘‘At Mr. Gary Bryan, 51, has had an ocular truck for 4 years and has accumulated this time his vision is stable and in my toxoplasmosis scar in his right eye since 180,000 miles of driving. He holds an opinion sufficient to perform the tasks childhood. His best corrected visual Ohio Class A CDL. His official driving required to operate a commercial acuity is 20/20 in the left eye and 20/ record shows no accidents or vehicle.’’ Mr. Corwin has driven straight trucks 400 in the right eye. He was examined convictions of moving violations in a for 25 years, accumulating over 1.2 in 1999 by an optometrist who stated, CMV in the last 3 years. million miles. He holds a Idaho CDL. ‘‘His vision is sufficient to perform the 9. Ronald Lee Carpenter His official driving record shows no driving tasks required to operate a Mr. Ronald Lee Carpenter, 56, has accidents and no convictions of moving commercial vehicle.’’ amblyopia in his left eye. His best violations in a CMV during the past 3 Mr. Bryan has driven straight trucks corrected visual acuity is 20/20 in his years. for 10 years, accumulating 250,000 right eye and 20/100 in his left eye. He miles and tractor-trailer combination was examined in 1999 by his 13. Adam D. Craig vehicles for 15 years, accumulating optometrist who stated, ‘‘In my opinion, Mr. Adam D. Craig, 56, has macular 525,000 miles. He holds a Montana Mr. Carpenter has the visual skills to degeneration in his left eye. His best Class A CDL. His official driving record perform the driving tasks required to corrected visual acuity is 20/20 in his shows no accidents and no convictions operate a commercial vehicle.’’ right eye and 20/200 in his left eye. of moving violations in a CMV for the Mr. Carpenter has driven tractor- According to a 1999 examination, his last 3 years. trailer combination vehicles for 20 ophthalmologist stated, ‘‘It is my 6. Timothy John Bryant years, totaling 200,000 miles. He holds medical opinion that due to the an Oklahoma CDL. His official driving excellent vision in the right eye and his Mr. Timothy John Bryant, 42, has had record shows no accidents and no full visual fields in both eyes, that Mr. optic nerve damage in his left eye since convictions of any moving violations in Craig should have no restrictions to a birth. His best corrected vision is 20/20 a CMV during the past 3 years. commercial vehicle license.’’ in his right eye and 20/200 in his left Mr. Craig has driven straight trucks eye. He was examined in 1999 by an 10. Charles Casey Chapman for 16 years and tractor-trailer ophthalmologist who stated, ‘‘I feel that Mr. Charles Casey Chapman, 30, has combination vehicles for 18 years, Mr. Bryant’s vision is adequate to reduced vision in his right eye due to accumulating over 1.4 million miles. He operate a commercial vehicle.’’ trauma at the age of 10. His best holds an Indiana Class A CDL. His Mr. Bryant has operated straight corrected visual acuity is 20/20 in the official driving record for the last 3 trucks for 10 years, accumulating left eye and 20/200 in the right eye. He years shows no accidents or convictions 500,000 miles and tractor-trailer was examined in 1999 by an optometrist of moving violations in a CMV. combination vehicles for 4 years, who stated, ‘‘should be able to drive a accumulating over 260,000 miles. He truck because condition has existed over 14. Eric L. Dawson, III holds a Florida Class A CDL. His official 18 yr. [sic] with no problems.’’ Mr. Eric L. Dawson, 55, has had a driving history shows no accidents or Mr. Chapman has driven straight corneal scar secondary to herpes zoster convictions of moving violations in a trucks for 7 years, accumulating 560,000 in his left eye since 1986. His best CMV for the last 3 years. miles. He holds a North Carolina Class corrected visual acuity is 20/20 in his 7. Thomas A. Burke B CDL. His official driving record shows right eye and 20/80 in his left eye. He no accidents or convictions of moving was examined in 1999, and his Mr. Thomas A. Burke, 56, has violations in a CMV for the last 3 years. ophthalmologist stated that, in her amblyopia in his left eye. His best medical opinion, Mr. Dawson has corrected visual acuity is 20/20 in the 11. Milton Coleman sufficient vision to perform the driving right eye and 20/100 in the left eye. He Mr. Milton Coleman, 52, has been tasks required to operate a commercial was examined in 1999 by an blind in his right eye since the age of 3 vehicle. ophthalmologist who stated, ‘‘In view of due to an injury. His best corrected Mr. Dawson has driven straight trucks his driving record and experience and visual acuity in his left eye is 20/20. He for 38 years and tractor-trailer the fact that nothing has changed, that was examined in 1999 by an optometrist combination vehicles for 25 years, his vision is stable, I feel that he is who stated, ‘‘I feel Mr. Coleman can accumulating over 1.6 million miles. He definitely safe to qualify to continue safely operate a commercial vehicle if holds a North Carolina CDL. His official driving a commercial vehicle.’’ he utilizes a compensatory head turn driving record shows no accidents or Mr. Burke has driven tractor-trailer toward R [sic] shoulder to widen his convictions for moving violations in a combination vehicles for 20 years, effective visual field.’’ CMV for the last 3 years. accumulating over 425,000 miles. He Mr. Coleman has driven tractor-trailer holds a Michigan Class A CDL. His combination vehicles for 8 years, 15. Richard L. Derick official driving record shows no accumulating 4 million miles. He holds Mr. Richard L. Derick, 46, has accidents and no convictions of moving a California Class A CDL. His official amblyopia in his left eye. His best violations in a CMV for the last 3 years. driving record shows one accident. No corrected visual acuity is 20/20 in the right eye and 20/400 in the left eye. He 8. Monty Glenn Calderon injury was involved and no citations were issued to either party. The driving was examined in 1999 by an optometrist Mr. Monty Glenn Calderon, 34, has record shows no convictions of moving who stated, ‘‘I do not feel that the amblyopia in his right eye. His best violations in a CMV for the last 3 years. central visual condition in his left eye corrected visual acuity is 20/20 in his will significantly detract from his ability left eye and 20/400 in his right eye. 12. David Earl Corwin to safely drive a commercial vehicle, if According to a 1999 examination, his Mr. David Earl Corwin, 51, has been at all.’’ ophthalmologist stated, ‘‘Mr. Calderon blind in his left eye since childhood. Mr. Derick has driven straight trucks should be able to operate a commercial His best corrected visual acuity is 20/20 for 4 years, accumulating 120,000 miles vehicle.’’ in his right eye. He was examined in and tractor-trailer combination vehicles VerDate 11 VerDate 11 Mr. Hall has driven straight trucks for 29. Roger Louis Jacobson who stated, ‘‘In my opinion, applicant 12 years, accumulating 432,000 miles Mr. Roger Louis Jacobson, 72, suffered has sufficient vision to perform the and tractor-trailer combination vehicles permanent, stable visual loss in his right driving tasks required to operate a for 10 years, accumulating 540,000 eye as the result of an accident in 1968. commercial vehicle.’’ miles. He holds a Texas Class A CDL. His best corrected visual acuity is 20/20 Mr. Kibler has driven straight trucks His official driving record shows no in the left eye and light perception in for 29 years, accumulating 667,000 accidents and no convictions of moving the right eye. He was examined in 1999 miles. He holds a Delaware Class B CDL. violations in a CMV for the last 3 years. by an ophthalmologist who stated, ‘‘Mr. His official driving record shows no accidents or convictions of moving 26. Sherman William Hawk, Jr. Jacobson’s long standing visual acuity and performance as a monocular driver violations in a CMV during the last 3 Mr. Sherman William Hawk, Jr., 48, more than qualifies him to operate a years. has a long-standing retinal scar in his commercial motor vehicle throughout 33. James Alonzo Kneece left eye. His best corrected visual acuity the United States.’’ is 20/20 in his right eye and 20/150 in Mr. Jacobson has driven straight Mr. James Alonzo Kneece, 67, has had his left eye. He was examined in 1999 trucks for 4 years, accumulating 4,800 poor vision in his left eye due to injury by an optometrist who stated, ‘‘In my miles and tractor-trailer combination since childhood. He has optic nerve professional opinion, Mr. Hawk vehicles for 49 years, accumulating over damage in that eye and scarring of the possesses sufficient vision to perform 4 million miles. He holds an Arizona retina in the centrally located area. His the driving tasks required to operate a Class A CDL. His official driving record best corrected visual acuity is 20/20 in commercial vehicle.’’ shows no accidents or convictions of the right eye and 20/400 in the left eye. moving violations in a CMV for the last He was examined by an ophthalmologist Mr. Hawk has driven straight trucks 3 years. in 1999 who stated, ‘‘I think because of for 13 years, accumulating over 800,000 his lifelong adaptation to the poor 30. Robert C. Jeffres miles and tractor-trailer combination vision in the left eye, he is qualified to vehicles for 10 years, accumulating Mr. Robert C. Jeffres, 58, has been operate a commercial vehicle.’’ 600,000 miles. He holds a Maryland blind in his left eye due to injury since Mr. Kneece has driven straight trucks Class AM CDL. His official driving 1991. His best corrected visual acuity is for 2 years, accumulating 120,000 miles record shows no accidents and no 20/15 in the right eye. He was examined and tractor-trailer combination vehicles convictions of moving violations in a by an optometrist in 1999 who stated, for 40 years, accumulating 3.6 million CMV for the last 3 years. ‘‘In my medical opinion Robert Jeffres miles. He holds a Georgia Class A CDL. has sufficient vision to perform the 27. Daniel J. Hillman His official driving record shows no driving tasks required to operate a accidents and no convictions of moving Mr. Daniel J. Hillman, 56, has a commercial vehicle.’’ violations in a CMV for the last 3 years. Mr. Jeffres has driven straight trucks history of retinal disease which has for 41 years, accumulating 205,000 34. Ronnie L. LeMasters caused a significant loss of visual acuity miles and tractor-trailer combination in the right eye. His best corrected Mr. Ronnie L. LeMasters, 48, has vehicles for 30 years, accumulating 2.4 vision is 20/25–3 in the left eye and 20/ amblyopia in his left eye. His best million miles. He holds a Wyoming 70 in the right eye. He was examined in corrected visual acuity is 20/20 in the Class A CDL. His official driving record 1999 by an optometrist who stated, ‘‘I right eye and 20/400 in the left eye. He shows no accidents or convictions of feel Daniel Hillman is visually capable was examined in 1999, and his moving violations in a CMV for the last optometrist stated, ‘‘Mr. LeMasters of performing well as a commercial 3 years. driver.’’ congenital amblyopia is stable and should not affect his ability to drive a Mr. Hillman has driven tractor-trailer 31. Alfred C. Jewell, Jr. commercial vehicle.’’ combination vehicles for 28 years, Mr. Alfred C. Jewell, Jr., 45, has accumulating 2.8 million miles. He amblyopia in his right eye. His best Mr. LeMasters has driven straight holds a Washington Class A CDL. His corrected visual acuity is 20/20+ in the trucks for 26 years, accumulating more official driving record shows no left eye and 20/100¥ in the right eye. than 545,000 miles. He holds a West accidents or convictions of moving He was examined in 1999 by an Virginia CDL. His official driving record violations in a CMV for the last 3 years. optometrist who stated, ‘‘This patient shows no accidents or convictions for has been driving commercial vehicles moving violations in a CMV for the last 28. Gordon William Howell all of his adult life. There have been no 3 years. Mr. Gordon William Howell, 45, has visual decreases during that time. I feel 35. Samuel Joseph Long that for this individual, the vision is been blind in his right eye for the last Mr. Samuel Joseph Long, 33, has been 10 years. His best visual acuity in his sufficient.’’ Mr. Jewell has driven tractor-trailer blind in his right eye since 1971. His left eye is 20/20 uncorrected. He was combination vehicles for 27 years, uncorrected vision in his left eye is 20/ examined by an ophthalmologist in accumulating over 3.7 million miles. He 15. He was examined by an 1999 who stated, ‘‘He has been driving holds a Wyoming Class A CDL. His ophthalmologist in 1999 who stated, ‘‘It commercial last 12 yr [sic] so it is my official driving record shows no is my opinion that Mr. Long’s vision is opinion he has sufficient vision to do accidents or convictions of moving sufficient to perform the driving tasks so.’’ violations in a CMV for the last 3 years. required to operate a commercial Mr. Howell has driven tractor-trailer vehicle.’’ combination vehicles for 22 years, 32. Anton R. Kibler Mr. Long has driven straight trucks for accumulating more than 330,000 miles. Mr. Anton R. Kibler, 46, has 6 years and a total of 360,000 miles. He He holds a Washington Class A CDL. amblyopia in his right eye. His best holds a Florida Class D license. His His official driving record shows no corrected vision is 20/20 in his left eye official driving record shows no accidents or convictions of moving and 20/100+ in his right eye. He was accidents or convictions of moving violations in a CMV for the last 3 years. examined by an optometrist in 1999 violations in a CMV for the last 3 years. VerDate 11 36. Steven G. Luther Mr. O’Neal has driven tractor-trailer accumulating 205,000 miles. He holds a Mr. Steven G. Luther, 47, has a combination vehicles for 20 years, Colorado Class A CDL. His official diagnosis of ocular histoplasmosis in his accumulating over 800,000 miles. He driving record shows one accident and right eye. His visual acuity is 20/20 in holds an Indiana CDL. His official no convictions of moving violations in the left eye and 20/200 in the right eye. driving record shows no accidents or a CMV for the last 3 years. There were He was examined by an ophthalmologist convictions of moving violations in a no injuries in the accident and no in 1999 who stated, ‘‘I think also that he CMV during the past 3 years. citations were issued to Mr. Potter. The driver of the other vehicle involved has sufficient vision to perform the 40. Dewey Owens, Jr. received a citation for careless driving. driving tasks required to operate a Mr. Dewey Owens, Jr., 75, has worn commercial vehicle.’’ a prosthesis in his right eye for at least 43. Gregory Martin Preves Mr. Luther has driven straight trucks 13 years since his current optometrist Mr. Gregory Martin Preves, 47, has for 25 years, accumulating 837,500 has been treating him. His best corrected worn a prosthesis in his right eye since miles and tractor-trailer combination visual acuity is 20/20 in his left eye. He he was 20 years old. The visual acuity vehicles for 8 years, accumulating 8,000 was examined in 1999, and his in his left eye is 20/20, corrected and miles. He holds an Iowa Class A CDL. optometrist stated, ‘‘I feel that Mr. uncorrected. He was examined in 1999 His official driving record shows no Owens certainly has sufficient vision to by an optometrist who stated, ‘‘Mr. accidents or convictions of moving continue to operate a commercial Preves definitely has sufficient vision to violations in a CMV during the past 3 vehicle as he had demonstrated for all perform the tasks required to operate a years. the years that I have known him.’’ commercial vehicle.’’ 37. Lewis V. McNeice Mr. Owens has driven tractor-trailer Mr. Preves has driven straight trucks combination vehicles of over 50 years and tractor-trailer combination vehicles Mr. Lewis V. McNeice, 52, has been and has accumulated over 5.5 million for 9 years, accumulating approximately monocular since his right eye was miles. He holds an Alabama Class AM 450,000 miles. He holds a Georgia Class removed approximately 34 years ago. CDL. His official driving record shows A CDL. His official driving record shows His best corrected visual acuity in his no accidents or convictions of moving no accidents and no convictions of left eye is 20/15. He was examined by violations in a CMV for the last 3 years. moving violations in a CMV for the last his optometrist in 1999 who stated, ‘‘I 3 years. believe Mr. McNeice has sufficient 41. Richard E. Perry vision to drive commercially.’’ Mr. Richard E. Perry, 47, suffered 44. James M. Rafferty Mr. McNeice has driven straight trauma to the left eye as a child, leaving Mr. James M. Rafferty, 38, has been trucks for 34 years and tractor-trailer him with severely reduced vision in that blind in his right eye since 1974 due to combination vehicles for 25 years for a eye. His best visual acuity is 20/20 in trauma. His best corrected visual acuity total of over 3.1 million miles. He holds the right eye (uncorrected) and count is 20/15 in his right eye. He was a Texas CDL. His official driving record fingers in the left. He was examined in examined in 1999 by an for the last 3 years shows no accidents 1999, and his ophthalmologist stated, ‘‘I ophthalmologist who stated, ‘‘In my or convictions of moving violations in a certify, in my opinion, that his [Mr. opinion, Mr. Rafferty has sufficient CMV. Perry’s] vision is sufficient to perform visual function to perform the driving 38. Barry B. Morgan the driving test required to operate a tasks required to operate a commercial commercial vehicle.’’ vehicle.’’ Mr. Barry B. Morgan, 57, has Mr. Perry has driven straight trucks Mr. Rafferty has driven straight trucks amblyopia in his left eye. His best for 3 years, accumulating 75,000 miles for 15 years, accumulating more than corrected visual acuity is 20/15 in his and tractor-trailer combination vehicles 1.2 million miles; tractor-trailer right eye and 20/300 in his left eye. He for 20 years, accumulating 2.5 million combination vehicles for 2 years, was examined in 1999 by an optometrist miles. He holds a California CDL. His accumulating 10,000 miles; and buses who stated, ‘‘My impression of Mr. official driving record shows no for 1 year, accumulating 5,000 miles. He Morgan is that he is intelligent, alert, convictions of moving violations in a holds a New Hampshire Class A–MC and thoughtful, and that he is capable, CMV in the last 3 years. He was CDL. His official driving record shows with his vision, of operating a involved in one accident in a CMV in no accidents and no convictions of commercial vehicle.’’ the last 3 years. In the accident the other moving violations in a CMV for the last Mr. Morgan has driven straight trucks driver involved was charged with an 3 years. and tractor-trailer combination vehicles unsafe lane change. Mr. Perry was not 45. Paul C. Reagle, Sr. for 6 years, accumulating 33,600 miles. charged with any violation. He holds a Washington Class B CDL. His Mr. Paul C. Reagle, 64, has age-related official driving record shows no 42. Douglas McArthur Potter macular changes in his left eye, causing accidents or convictions of moving Mr. Douglas McArthur Potter, 58, decreased vision. His best corrected violations in a CMV for the last 3 years. suffered a retinal detachment in his left visual acuity is 20/30 in the right eye eye in August 1995. His best corrected and 20/100 in the left eye. He was 39. Richard O’Neal, Jr. visual acuity is 20/20 in the right eye examined in 1999 by his Mr. Richard O’Neal, 68, has been and hand motion in the left eye. He was ophthalmologist who stated, ‘‘I support blind in his right eye due to injury since examined in 1999 by an Mr. Reagle’s application for continued approximately 1969. His best corrected ophthalmologist who stated, ‘‘I see no use of a commercial drivers license and visual acuity in his left eye is 20/20. He reason why his vision would preclude any questions should be directed to my was examined in 1999, and his him from operating a commercial Mays Landing office.’’ ophthalmologist stated, ‘‘it is my vehicle.’’ Mr. Reagle has driven straight trucks medical opinion that he has sufficient Mr. Potter has driven tractor-trailer for 10 years and 200,000 miles; tractor- vision to perform the driving task combination vehicles for 30 years, trailer combination vehicles for 44 years required to operate a commercial accumulating 2.4 million miles and and 2.8 million miles; and buses for 30 vehicle.’’ straight trucks for 41 years, years totaling 600,000 miles. He holds a VerDate 11 CDL from New Jersey. His official approximately 10 years. His visual vehicles for 11 years, accumulating driving record shows no accidents or acuity is 20/20 in the left eye and 20/ 627,000 miles. He holds an Ohio Class convictions of moving violations in a 300 in the right eye. He was examined A CDL. His official driving record shows CMV for the past 3 years. in 1999 by an optometrist who stated, ‘‘I no accidents and no convictions of believe that Mr. Sears can certainly see moving violations in a CMV for the last 46. Glenn E. Robbins well enough to continue driving in a 3 years. Mr. Glen E. Robbins, 55, has been commercial vehicle.’’ blind in his right eye since an Mr. Sears has driven tractor-trailer 53. Jesse M. Sikes automobile accident in 1963. His best combination vehicles for 16 years, Mr. Jesse M. Sikes, 61, has been blind corrected visual acuity is 20/20 in the accumulating 1.6 million miles and in his right eye since the age of 8 due left eye. He was examined in 1999 by an straight trucks for 2 years, accumulating to injury. His best corrected visual ophthalmologist who stated, ‘‘I hereby 200,000 miles. He holds a Texas Class acuity is 20/20 in the left eye. He was certify that Mr. Robbins has sufficient A CDL. His official driving record shows examined by an optometrist in 1999 vision to perform the duties of his work no accidents or convictions of moving who stated, ‘‘In my opinion Mr. Sikes in a commercial motor vehicle in a violations in a CMV for the last 3 years. can safely operate a commercial vehicle normal manner without endangering as well now as he has for the last several himself or the general public.’’ 50. Garry R. Setters years.’’ Mr. Robbins has driven straight trucks Mr. Garry R. Setters, 45, has Mr. Sikes has driven straight trucks for 5 years, accumulating 350,000 miles amblyopia in his right eye. His best and tractor-trailer combination vehicles and tractor-trailer combination vehicles corrected visual acuity is 20/20 in the for 30 years, accumulating 1.5 million for 29 years, accumulating 2.9 million left eye and 20/60 in the right eye. He miles. He holds a Wyoming Class A miles. He holds a Wyoming Class ATX was examined in 1999 by an CDL. His official driving record shows CDL. His official driving record shows ophthalmologist who stated, ‘‘This no accidents or convictions of moving no accidents and no convictions of patient has mild amblyopia of the right violations in a CMV for the last 3 years. moving violations in a CMV for the last eye and, in my medical opinion, his 54. Harold A. Sleesman 3 years. vision is sufficient to perform his driving task with a commercial Mr. Harold A. Sleesman, 68, has 47. Daniel Salinas vehicle.’’ scarring in the central retina of the left Mr. Daniel Salinas, 43, has amblyopia Mr. Setters has driven a straight truck eye which has been present since in his left eye. His best corrected visual for 22 years, accumulating 770,000 childhood. His best corrected visual acuity is 20/15 in the right eye and 20/ miles. He holds a Kentucky Class DA acuity is 20/20 in the right eye and 400 in the left eye. He was examined in License. His official driving record count fingers in the left eye. He was 1999 by an optometrist who stated, shows no accidents or convictions of examined by an optometrist in 1999 ‘‘Daniel has sufficient vision to continue moving violations in a CMV for the last who stated, ‘‘Based on the above to perform the driving tasks required to 3 years. findings, it is my opinion that Mr. operate a commercial vehicle.’’ Sleesman should have no trouble Mr. Salinas has driven straight trucks 51. Hoyt M. Shamblin continuing to perform the tasks required for 26 years, accumulating 2.6 million Mr. Hoyt M. Shamblin, 41, has had a in operating a commercial vehicle.’’ miles and tractor-trailer combination corneal scar in his right eye due to Mr. Sleesman has driven straight vehicles for 15 years, accumulating 1.7 injury since age 5. His best corrected trucks for 26 years, accumulating million miles. He holds an Oregon Class visual acuity is 20/20 (-1) in his left eye 910,000 miles. He holds an Indiana A CDL. His official driving record shows and 20/200 in his right eye. He was Class A–NT CDL. His official driving no accidents and no convictions of a examined in 1999 by an optometrist record shows no accidents or moving violation in a CMV for the last who stated, ‘‘It is my opinion that Mr. convictions of moving violations in a 3 years. Shamblin has the ability to safely CMV for the last 3 years. operate a commercial vehicle for the 55. James E. Smith 48. Salvador Sarmiento tasks described necessary for his present Mr. Salvador Sarmiento, 49, has employment.’’ Mr. James E. Smith, 43, has amblyopia amblyopia in the right eye. His best Mr. Shamblin has driven straight in his left eye. His best corrected visual corrected visual acuity is 20/20 in the trucks for 5 years, accumulating 130,000 acuity is 20/20 in his right eye and 20/ left eye and 20/80 in the right eye. He miles. He holds a Georgia Class BM 80 in his left eye. He was examined in was examined in 1999 by an optometrist license. His official driving record 1999, and his optometrist stated, ‘‘Mr. who stated, ‘‘His ability to operate a shows no accidents or convictions of Smith is able to be a safe commercial commercial [vehicle] is not moving violations in a CMV for the last driver and is no threat on the road.’’ compromised with his ocular 3 years. Mr. Smith has driven both straight condition.’’ trucks and tractor-trailer combination Mr. Sarmiento has driven tractor- 52. Lee Russell Sidwell vehicles for 17 years, accumulating trailer combination vehicles for 29 Mr. Lee Russell Sidwell, 37, has approximately 415,000 miles. He holds years, accumulating 870,000 miles and amblyopia in his left eye. His best a Missouri CDL. His official driving straight trucks for 5 years, accumulating corrected visual acuity is 20/15 in the record shows no accidents or 90,000 miles. He holds a Texas Class A right eye and 20/60 in the left eye. He convictions of moving violations in a CDL. His official driving record shows was examined in 1999 by an optometrist CMV in the last 3 years. no accidents and no convictions of who stated, ‘‘This letter certifies that in 56. Daniel A. Sohn moving violations in a CMV in the last my medical opinion Lee Sidwell has 3 years. sufficient vision to perform the driving Mr. Daniel A. Sohn, 44, has tasks required to operate a commercial congenital decreased visual acuity in his 49. Wayne Richard Sears vehicle.’’ right eye. His best corrected visual Mr. Wayne Richard Sears, 39, has had Mr. Sidwell has driven both straight acuity is 20/20 in the left eye and 20/ a macular scar in his right eye for trucks and tractor-trailer combination 70 in the right eye. He was examined in VerDate 11 1999 by an optometrist who stated, ‘‘My violations in a CMV during the past 3 commercial vehicle and has been doing medical opinion is that he certainly has years. this in the past with this level of sufficient vision to perform the driving vision.’’ 60. Jeffrey D. Wilson tasks required to operate a commercial Mr. Young has driven straight trucks vehicle.’’ Mr. Jeffrey D. Wilson, 23, has been for 16 years, accumulating 400,000 Mr. Sohn has driven straight trucks blind in his right eye since birth as the miles and tractor-trailer combination and tractor-trailer combination vehicles result of optic nerve pits. His best vehicles for 10 years, accumulating for 14 years, accumulating 1.6 million corrected vision is 20/15 in his left eye. 150,000 miles. He holds an Indiana miles. He holds a Wisconsin Class He was examined by an optometrist in Class A CDL. His official driving record ABCDM CDL. His official driving record 1999 who stated, ‘‘It is my opinion that shows no accidents and no convictions shows no accidents and no convictions Mr. Jeffrey Wilson has sufficient vision of moving violations in a CMV for the of moving violations in a CMV for the to be able to safely operate a commercial last 3 years. last 3 years. vehicle and should be granted an exemption from the Federal vision Basis for Preliminary Determination To 57. Denney Vern Traylor standard.’’ Grant Exemptions Mr. Denney Vern Traylor, 42, has Mr. Wilson has driven tractor-trailer Independent studies support the amblyopia in his left eye. His visual combination vehicles for 4 years, principle that past driving performance acuity is 20/20 in the right eye and 20/ accumulating 400,000 miles. He holds a is a reliable indicator of an individual’s 200 in the left eye. He was examined by Colorado Class A CDL. His official future safety record. The studies are an ophthalmologist in 1999 who stated, driving record shows no accidents and filed in FHWA Docket No. FHWA–97– ‘‘Based on my examination of his eyes, no convictions of moving violations in 2625 and discussed at 63 FR 1524, 1525 it is my opinion that he has sufficient a CMV for the last 3 years. (January 9, 1998). We believe we can vision to operate a commercial vehicle.’’ 61. Joseph F. Wood properly apply the principle to Mr. Traylor has driven tractor-trailer monocular drivers because data from combination vehicles for 14 years, Mr. Joseph F. Wood, 29, has the vision waiver program clearly accumulating over 1.3 million miles. He amblyopia in his left eye. His best demonstrate the driving performance of holds a California Class AM CDL. His corrected visual acuity is 20/20 in his monocular drivers in the program is official driving record shows no right eye and 20/60 in his left eye. He better than that of all CMV drivers accidents and 1 conviction for a moving was examined in 1999, and his collectively. (See 61 FR 13338, March violation in a CMV during the last 3 optometrist stated, ‘‘I certify that in my 26, 1996.) That monocular drivers in the years. The conviction was for failure to opinion, Joseph Wood’s vision is waiver program demonstrated their obey a traffic sign. sufficient to perform the driving tasks ability to drive safely supports a required to operate a commercial 58. Noel Stuart Wangerin conclusion that other monocular vehicle.’’ drivers, with qualifications similar to Mr. Noel Stuart Wangerin, 63, has Mr. Wood has driven straight trucks those required by the waiver program, been blind in his left eye since 1941 due for 6 years, accumulating approximately can also adapt to their vision deficiency to injury. His best corrected visual 300,000 miles. He holds a Mississippi and operate safely. acuity is 20/20 in his right eye. He was CDL. His official driving record shows examined in 1999 by an optometrist no accidents or convictions of moving The 63 applicants have qualifications who stated, ‘‘Mr. Wangerin has 20/20 violations in a CMV for the past 3 years. similar to those possessed by drivers in vision which is sufficient to perform the the waiver program. Their experience 62. William E. Woodhouse driving tasks required to operate a and safe driving record operating CMVs commercial vehicle.’’ Mr. William E. Woodhouse, 41, demonstrate that they have adapted Mr. Wangerin has driven straight sustained a corneal ulcer on his right their driving skills to accommodate trucks for 7 years, accumulating 140,000 eye in June 1992. His best corrected their vision deficiency. Since past miles and tractor-trailer combination visual acuity is 20/400, pinholing to 20/ driving records are reliable precursors of vehicles for 25 years, accumulating 2.0 200 in the right eye and 20/20 in the left the future, there is no reason to expect million miles. He holds an Illinois Class eye uncorrected. He was examined in these individuals to drive less safely A CDL. His official driving record shows 1999 by an ophthalmologist who stated, after receiving their exemptions. Indeed, no accidents or convictions of moving ‘‘My medical opinion is that he has there is every reason to expect at least violations in a CMV for the last 3 years. sufficient vision to perform the driving the same level of safety, if not a greater tasks required to operate a commercial level, because the applicants can have 59. Brian W. Whitmer vehicle.’’ their exemptions revoked if they Mr. Brian W. Whitmer, 43, has Mr. Woodhouse has driven tractor- compile an unsafe driving record. amblyopia in his right eye. His best trailer combination vehicles for 11 For these reasons, the FMCSA corrected visual acuity is 20/20 in his years, accumulating over 1.3 million believes exempting the individuals from left eye and 20/200 in his right eye. He miles. He holds an Illinois Class A CDL. 49 CFR 391.41(b)(10) is likely to achieve was examined in 1999 by his His official driving record shows no a level of safety equal to, or greater than, optometrist who stated, ‘‘Since he has accidents and no convictions of moving the level that would be achieved been a successful commercial driver for violations in a CMV for the last 3 years. without the exemption as long as vision many years, it is my opinion that he has in their better eye continues to meet the sufficient vision to continue performing 63. Rick A. Young standard specified in 391.41(b)(10). As a commercial driving tasks.’’ Mr. Rick A. Young, 39, has been blind condition of the exemption, therefore, Mr. Whitmer has driven tractor-trailer in his left eye since 1982 due to injury. the FMCSA proposes to impose combination vehicles for 4 years and 10 The visual acuity in his right eye is 20/ requirements on the individuals similar months, totaling approximately 300,000 20. He was examined in 1999 by an to the grandfathering provisions in 49 miles. He holds an Ohio CDL. His ophthalmologist who stated, ‘‘I feel he CFR 391.64(b) applied to drivers who official driving record shows no has sufficient vision to perform the participated in the agency’s former accidents or convictions of moving driving tasks required to operate a vision waiver program. VerDate 11 These requirements are as follows: (1) Authority: 49 U.S.C. 322, 31136 and 31315; appropriate docket number (e.g., Waiver That each individual be physically 49 CFR 1.73. Petition Docket Number 1999–5184) and examined every year (a) by an Issued on: May 15, 2000. must be submitted to the Docket Clerk, ophthalmologist or optometrist who Julie Anna Cirillo, DOT Docket Management Facility, attests that vision in the better eye meets Acting Deputy Administrator, Federal Motor Room PL–401 (Plaza Level), 400 7th the standard in 49 CFR 391.41(b)(10), Carrier Safety Administration. Street, S.W., Washington, D.C. 20590. and (b) by a medical examiner who [FR Doc. 00–12930 Filed 5–22–00; 8:45 am] Communications received within 30 attests the individual is otherwise BILLING CODE 4910±22±P days of the date of this notice will be physically qualified under 49 CFR considered by FRA before final action is 391.41; (2) that each individual provide taken. Comments received after that a copy of the ophthalmologist’s or DEPARTMENT OF TRANSPORTATION date will be considered as far as optometrist’s report to the medical practicable. All written communications examiner at the time of the annual Federal Railroad Administration concerning these proceedings are medical examination; and (3) that each available for examination during regular individual provide a copy of the annual Petition for Waiver of Compliance business hours (9:00 a.m.–5:00 p.m.) at medical certification to his or her In accordance with Part 211 of Title the above facility. All documents in the employer for retention in its driver 49 Code of Federal Regulations (CFR), public docket are also available for qualification file or keep a copy in his notice is hereby given that the Federal inspection and copying on the Internet or her driver qualification file if he or Railroad Administration (FRA) received at the docket facility’s web site at she becomes self-employed. The driver a request for a waiver of compliance http://dms.dot.gov. must also have a copy of the with provisions of the Hours of Service certification when driving so it may be Issued in Washington, D.C. on May 18, Law (108 Stat. 888, Pub. L. 103–272, 49 2000. presented to a duly authorized Federal, U.S.C. 21102(b)). The Hours of Service State, or local enforcement official. Grady C. Cothen, Jr., Law currently makes it unlawful for a Deputy Associate Administrator for Safety In accordance with 49 U.S.C. 31315 railroad to require specified employees Standards and Program Development. and 31136(e), the proposed exemption to remain on duty in excess of 12 hours. [FR Doc. 00–12916 Filed 5–22–00; 8:45 am] for each person will be valid for 2 years However, the Hours of Service Law BILLING CODE 4910±06±P unless revoked earlier by the FMCSA. contains a provision permitting a The exemption will be revoked if: (1) railroad, which employs not more than The person fails to comply with the 15 employees subject to the statute, to DEPARTMENT OF TRANSPORTATION terms and conditions of the exemption; seek an exemption from the 12 hour (2) the exemption has resulted in a limitation. Federal Railroad Administration lower level of safety than was maintained before it was granted; or (3) Apalachicola Northern Railroad Petition for Waiver of Compliance continuation of the exemption would Company (AN) not be consistent with the goals and (Waiver Petition Docket No. FRA–1999– In accordance with Part 211 of Title objectives of 49 U.S.C. 31315 and 31136. 5184) 49 Code of Federal Regulations (CFR), If the exemption is effective at the end The AN seeks an exemption so that it notice is hereby given that the Federal of the 2-year period, the person may may permit certain employees to remain Railroad Administration (FRA) received apply to the FMCSA for a renewal under on duty not more than 16 hours in any a request for continuation of a waiver of procedures in effect at that time. 24-hour period. The AN requests a one compliance with provisions of the Hours of Service Law (108 Stat. 888, Request for Comments hour extension to the maximum limit of twelve hours total on-duty time for Pub. L. 103–272, 49 U.S.C. 21102(b)). In accordance with 49 U.S.C. 31315 covered service employees. The request The Hours of Service Law currently and 31136(e), the FMCSA is requesting is made due to changing operational makes it unlawful for a railroad to public comment from all interested needs. The AN currently operates on 96 require specified employees to remain persons on the exemption petitions and miles of track in the State of Florida. on duty in excess of 12 hours. However, the matters discussed in this notice. All The petitioner indicates that granting the Hours of Service Law contains a comments received before the close of the exemption is in the public interest provision permitting a railroad, which business on the closing date indicated and will not adversely affect safety. employs not more than 15 employees above will be considered and will be Additionally, the petitioner asserts it subject to the statute, to seek an available for examination in the docket employs not more than 15 employees exemption from the 12 hour limitation. room at the above address. Comments and has demonstrated good cause for Carolina Rail Services, Incorporated received after the closing date will be granting this exemption. (CRS) filed in the docket and will be Interested parties are invited to considered to the extent practicable, but participate in these proceedings by [Waiver Petition Docket No. FRA–1998– the FMCSA may issue exemptions from submitting written views, data, or 4566] the vision requirement to the 63 comments. FRA does not anticipate CRS seeks continuation of a applicants and publish in the Federal scheduling a public hearing in previously issued exemption so that it Register a notice of final determination connection with these proceedings since may permit certain employees to remain at any time after the close of the the facts do not appear to warrant a on duty not more than 16 hours in any comment period. In addition to late hearing. If any interested party desires 24-hour period. CRS states that it is not comments, the FMCSA will also an opportunity for oral comment, they its intention to employ a train crew over continue to file in the docket relevant should notify FRA, in writing, before 12 hours per day under normal information which becomes available the end of the comment period and circumstances, but this exemption, if after the closing date. Interested persons specify the basis for their request. granted, would help its operation if should continue to examine the docket All communications concerning these unusual operating conditions are for new material. proceedings should identify the encountered. CRS provides intra-port VerDate 11 VerDate 11 All communications concerning these operating conditions are encountered. and update previously issued Safety proceedings should identify the The YRC provides service on over 40 Advisory 99–03 which addressed the appropriate docket number (e.g., Waiver miles of trackage located in York securement of floor beam cross- Petition Docket Number 2000–7094) and County, Pennsylvania, with its members on RoadRailer trailers. See 64 must be submitted to the Docket Clerk, headquarters in York, Pennsylvania. FR 61377 (November 10, 1999). FRA is DOT Docket Management Facility, The petitioner indicates that granting issuing this revised Safety Advisory to Room PL–401 (Plaza Level), 400 7th the exemption is in the public interest address the securement of lift rods on Street, S.W., Washington, D.C. 20590. and will not adversely affect safety. RoadRailer trailers in order to prevent Communications received within 45 Additionally, the petitioner asserts it the highway tandem wheels on these days of the date of this notice will be employs not more than 15 employees trailers from falling to the rails on considered by FRA before final action is that are subject to the statue and has moving trains. This Safety Advisory also taken. Comments received after that demonstrated good cause for granting provides updated information regarding date will be considered as far as this exemption. the actions being taken within the practicable. All written communications Interested parties are invited to industry regarding the securement of concerning these proceedings are participate in these proceedings by floor beam cross-members and lift rods available for examination during regular submitting written views, data, or on this equipment. business hours (9:00 a.m.–5:00 p.m.) at comments. FRA does not anticipate FOR FURTHER INFORMATION CONTACT: Gary the above facility. All documents in the scheduling a public hearing in Fairbanks, Mechanical Engineer, Motive public docket are also available for connection with these proceedings since Power and Equipment Division, Office inspection and copying on the Internet the facts do not appear to warrant a of Safety Assurance and Compliance, at the docket facility’s web site at http:/ hearing. If any interested party desires FRA, 400 Seventh Street, SW, RRS–14, /dms.dot.gov. an opportunity for oral comment, they Mail Stop 25, Washington, DC 20590 Issued in Washington, DC, on May 18, should notify FRA, in writing, before (Telephone 202–493–6322/ Fax 202– 2000. the end of the comment period and 493–6230) specify the basis for their request. Grady C. Cothen, Jr., SUPPLEMENTARY INFORMATION: In All communications concerning these Deputy Associate Administrator for Safety November of 1999, FRA issued Safety proceedings should identify the Standards and Program Development. Advisory 99–03 based on its discovery appropriate docket number (e.g., Waiver [FR Doc. 00–12918 Filed 5–22–00; 8:45 am] that several RoadRailer trailers Petition Docket Number 2000–7064) and BILLING CODE 4910±06±P operated by Triple Crown Services must be submitted to the Docket Clerk, (Triple Crown) had experienced failures DOT Docket Management Facility, of floor beam cross-members. See 64 FR Room PL–401 (Plaza Level), 400 7th DEPARTMENT OF TRANSPORTATION 61377. The cross beams connect the Street, S.W., Washington, D.C. 20590. highway tandem wheel set to the body Communications received within 45 Federal Railroad Administration of the trailer via slide rails. The failure days of the date of this notice will be of the cross beams allows the weight of Petition for Waiver of Compliance considered by FRA before final action is the tandem wheel set to deflect the slide taken. Comments received after that In accordance with Part 211 of Title rails to the point where the highway date will be considered as far as 49, Code of Federal Regulations (CFR), tires contact the rail. Prior to the practicable. All written communications notice is hereby given that the Federal issuance of Safety Advisory 99–03, FRA concerning these proceedings are Railroad Administration (FRA) received notified Wabash National Incorporated available for examination during regular a request for a waiver of compliance (Wabash), the manufacturer of business hours (9:00 a.m.–5:00 p.m.) at with provisions of the Hours of Service RoadRailer equipment, and requested the above facility. All documents in the Law (108 Stat. 888, Pub. L. 103–272, 49 that Wabash randomly inspect trailers at public docket are also available for U.S.C. 21102(b)). The Hours of Service the Fort Wayne, Indiana, Triple Crown inspection and copying on the Internet Law currently makes it unlawful for a facility. Representatives of Wabash, at the docket facility’s web site at http:/ railroad to require specified employees Triple Crown, the Federal Highway /dms.dot.gov. to remain on duty in excess of 12 hours. Administration (FHWA), and FRA However, the Hours of Service Law Issued in Washington, DC on May 18, conducted a series of inspections at this contains a provision permitting a 2000. facility in October of 1999. The cross- railroad, which employs not more than Grady C. Cothen, Jr., member defects found during these 15 employees subject to the statute, to Deputy Associate Administrator for Safety inspections could be classified into four seek an exemption from the 12 hour Standards and Program Development. categories: limitation. [FR Doc. 00–12917 Filed 5–22–00; 8:45 am] 1. A weld crack at the slide rail to I- BILLING CODE 4910±06±P beam cross-member; York Railway Company (YRC) 2. A crack in the cross-member I-beam [Waiver Petition Docket No. FRA–2000– flange (which usually starts at the end 7064] DEPARTMENT OF TRANSPORTATION of a weld); The YRC seeks an exemption so that 3. A crack which has progressed into it may permit train crew employees to Federal Railroad Administration the web of the I-beam from the flange; remain on duty not more than 16 hours or Notice of Safety Advisory on in any 24-hour period to provide coal 4. A cross-member broken into two RoadRailer Trailers train deliveries to a consignee located in pieces. Spring Grove, Pennsylvania. The YRC AGENCY: Federal Railroad The practice of attaching the tandem further states that it is not its intention Administration (FRA), DOT. wheel set slide rails to the trailer body to employ a train crew over 12 hours per ACTION: Notice of safety advisory. by welding to floor cross-member I- day under normal circumstances, but beam flanges has been the accepted this exemption, if continued, would SUMMARY: FRA is issuing Safety method of highway trailer fabrication help its operation if other unusual Advisory 99–03A in order to modify for many years. This method is VerDate 11 VerDate 11 DEPARTMENT OF TRANSPORTATION Total Burden Hours: 20 Hours. ACTION: List of applications delayed Summary: MARAD is conducting a more than 180 days. Maritime Administration program evaluation of the MSP and VISA programs and seeks to collect SUMMARY: In accordance with the Agency Recordkeeping/Reporting empirical information from various requirements of 49 U.S.C. 5117(c), RSPA Requirements Under Emergency maritime- and transportation-related Review by the Office of Management is publishing the following list of entities and other Federal agencies exemption applications that have been and Budget (OMB) relating to the impact of the MSP and in process for 180 days or more. The the VISA programs on DOD sealift The Department of Transportation reason(s) for delay and the expected capability and the U.S. merchant fleet. (DOT), Maritime Administration completion date for action on each (MARAD) has submitted the following The evaluation seeks to determine the contribution of the MSP/VISA to the application is provided in association public information collection request to achievement of DOT’s and MARAD’s with each identified application. the Office of Management and Budget national security goals. This evaluation (OMB) for emergency review and FOR FURTHER INFORMATION CONTACT: J. is part of DOT’s implementation of the clearance in accordance with the Suzanne Hedgepeth, Director, Office of Government Performance and Results Paperwork Reduction Act of 1995 (PRA) Hazardous Materials, Exemptions and Act (GRPA). The information received (P.L. 104–13, 44 U.S.C. Chapter 35). Approvals, Research and Special will be used by MARAD personnel as OMB approval has been requested by Programs Administration, U.S. part of the evaluation to identify and June 12, 2000. A copy of this Department of Transportation, 400 evaluate the causal relationship between information collection request, with Seventh Street, SW, Washington, DC MSP/VISA and the DOT/MARAD applicable supporting documentation, national security goals. 20590–0001, (202) 366–4535. may be obtained by contacting Raymond Burden Statement: According to the Key to ‘‘Reasons for Delay’’ R. Barberesi, Director, Office of Sealift PRA, persons are not required to Support, MAR–630, Room 7307, respond to a collection of information 1. Awaiting additional information from Maritime Administration, 400 Seventh unless it displays a valid OMB control applicant Street, SW., Washington, DC 20590, number. Note that this information telephone number: 202–366–2323 or fax 2. Extensive public comment under collection has not yet received an OMB review 202–493–2180. Comments and control number. It is estimated that the questions about the request listed below time required to complete this 3. Application is technically complex should be directed to the Office of information collection averages and is of significant impact or Information and Regulatory Affairs, approximately 1 hour per response, precedent-setting and requires Attn: OMB Desk Officer for the including the time to review extensive analysis Department of Transportation, Office of instructions, search existing data 4. Staff review delayed by other priority Management and Budget, Room 10102, resources, gather the data needed, and issues or volume of exemption Washington, DC 20503. complete the information collection. Agency: Maritime Administration. applications Dated: May 16, 2000. Date: Comments must be submitted Meaning of Application Number Joel C. Richard, on or before June 12, 2000. Suffixes Title: Evaluation of the Maritime Secretary, Maritime Administration. Security Program (MSP) and the [FR Doc. 00–12875 Filed 5–22–00; 8:45 am] N—New application Voluntary Intermodal Sealift Agreement BILLING CODE 4910±81±P M—Modification request (VISA) Program. OMB Number: 2133–New. PM—Party to application with Frequency: One-Time. DEPARTMENT OF TRANSPORTATION modification request Affected Public: Vessel Operators, Issued in Washington, DC, on May 17, Research and Special Programs Shippers, Maritime Labor Entities, DOD 2000. Administration and other Federal agencies and affected J. Suzanne Hedgepeth, parties in the maritime and Office of Hazardous Materials Safety; Director, Office of Hazardous Materials, transportation industries. Notice of Delays in Processing of Exemptions and Approvals. Number of Respondents: 20 Exemption Applications Respondents. Estimated Time Per Respondent: 1 AGENCY: Research and Special Programs Hour. Administration, DOT. NEW EXEMPTION APPLICATIONS Reason for Estimated date Application No. Applicant delay of completion 11862±N ...... The BOC Group, Murray Hill, NJ ...... 4 ...... 6/30/2000 11927±N ...... Alaska Marine Lines, Inc., Seattle, WA ...... 4 ...... 6/30/2000 12125±N ...... Mayo Foundation, Rochester, MN ...... 4 ...... 6/30/2000 12142±N ...... Aristech Chemical Corp., Pittsburgh, PA ...... 4 ...... 6/30/2000 12148±N ...... Eastman Kodak Company, Rochester, NY ...... 4 ...... 6/30/2000 12158±N ...... Hickson Corporation, Conley, GA ...... 4 ...... 6/30/2000 12181±N ...... Aristech, Pittsburgh, PA ...... 4 ...... 6/30/2000 12205±N ...... Independent Chemical Corp., Glendale, NY ...... 4 ...... 6/30/2000 12248±N ...... Ciba Specialty Chemicals Corp., High Point, NC ...... 4 ...... 6/30/2000 12277±N ...... The Indian Sugar & General Engineering Corp. ISGE, Haryana, IX ...... 4 ...... 6/30/2000 12281±N ...... ABS Group, Inc., Houston, TX ...... 4 ...... 6/30/2000 VerDate 11 NEW EXEMPTION APPLICATIONSÐContinued Reason for Estimated date Application No. Applicant delay of completion 12290±N ...... Savage Industries, Inc., Pottstown, PA ...... 4 ...... 6/30/2000 12292±N ...... Westway Trading Corporation, New Orleans, LA ...... 4 ...... 6/30/2000 12307±N ...... Kern County Dept. of Weights & Measures, Bakersfield, CA ...... 4 ...... 6/30/2000 12325±N ...... Lifeline Technologies, Inc., Sharon Hill, PA ...... 4 ...... 6/30/2000 12332±N ...... Automotive Occupant Restraints Council, Lexington, KY ...... 4 ...... 6/30/2000 12339±N ...... BOC Gases, Murray Hill, NJ ...... 4 ...... 6/30/2000 12341±N ...... Space Systems/Loral, Palo Alto, CA ...... 4 ...... 7/31/2000 12343±N ...... City Machine & Welding, Inc. of Amarillo, Amarillo, TX ...... 1 ...... 7/31/2000 12350±N ...... BAC Technologies, Ltd., West Liberty, OH ...... 4 ...... 7/31/2000 12351±N ...... Nalco/Exxon Energy Chemicals, L.P., Freeport, TX ...... 4 ...... 7/31/2000 12353±N ...... Monson Companies, South Portland, ME ...... 4 ...... 7/31/2000 12355±N ...... Union Tank Car Company, East Chicago, IN ...... 4 ...... 7/31/2000 12356±N ...... Memorial Healthcare System, Pembroke Pines, FL ...... 4 ...... 7/31/2000 12368±N ...... Occidental Chemical Corp., Dallas, TX ...... 4 ...... 7/31/2000 12370±N ...... Eurotainer US, Inc., Somerset, NJ ...... 4 ...... 6/30/2000 12379±N ...... Western Farm Service, Inc., Walnut Grove, CA ...... 4 ...... 7/31/2000 12381±N ...... Ideal Chemical & Supply Co., Memphis, TN ...... 4 ...... 7/31/2000 12392±N ...... Consani Engineering, Elsies River, SA ...... 1 ...... 7/31/2000 7277±M ...... Structural Composites Industries, Pomona, CA ...... 4 ...... 6/30/2000 8308±M ...... Tradewind Enterprises, Inc., Hillsboro, OR ...... 4 ...... 6/30/2000 8556±M ...... Gardner Cryogenics, LeHigh Valley, PA ...... 4 ...... 6/30/2000 9266±M ...... ERMEWA, Inc., Houston, TX ...... 4 ...... 6/30/2000 10656±M ...... Conf. of Radiation Control Program Directors, Inc., Frankfort, KY ...... 4 ...... 6/30/2000 10672±M ...... Burlington Packaging, Inc., Brooklyn, NY ...... 4 ...... 6/30/2000 10921±M ...... The Procter & Gamble Company, Cincinnati, OH ...... 1 ...... 6/30/2000 10977±M ...... Federal Industries Corporation Plymouth, MN ...... 4 ...... 6/30/2000 11406±M ...... Conf. of Radiation Control Program Directors, Inc., Frankfort, KY ...... 4 ...... 7/31/2000 11537±M ...... JCI Jones Chemicals, Inc., Milford, VA ...... 4 ...... 7/31/2000 11769±M ...... Great Western Chemical Company, Portland, OR ...... 4 ...... 7/31/2000 11769±M ...... Great Western Chemical Company, Portland, OR ...... 4 ...... 7/31/2000 11769±M ...... Hydrite Chemical Company, Brookfield, WI ...... 4 ...... 7/31/2000 11798±M ...... Air Products and Chemicals, Inc., Allentown, PA ...... 1, 4 ...... 7/31/2000 12074±M ...... Van Hool NV, B±2500 Lier Koningshooikt, BG ...... 1 ...... 7/31/2000 12132±M ...... Carleton Technologies, Inc., Orchard Park, NY ...... 4 ...... 7/31/2000 12178±M ...... STC Technologies, Inc., Bethlehem, PA ...... 1 ...... 7/31/2000 [FR Doc. 00–12870 Filed 5–22–00; 8:45 am] the applications described herein. This Comments should refer to the BILLING CODE 4910±60±M notice is abbreviated to expedite application number and be submitted in docketing and public notice. Because triplicate. If confirmation of receipt of the sections affected, modes of comments is desired, include a self- DEPARTMENT OF TRANSPORTATION transportation, and the nature of addressed stamped postcard showing application have been shown in earlier the exemption number. Research and Special Programs Federal Register publications, they are Administration not repeated here. Requests for FOR FURTHER INFORMATION CONTACT: modifications of exemptions (e.g. to Copies of the applications are available Office of Hazardous Materials Safety; provide for additional hazardous for inspection in the Records Center, Notice of Applications for Modification materials, packaging design changes, Nassif Building, 400 7th Street SW, of Exemption additional mode of transportation, etc.) Washington, DC or at http:// AGENCY: Research and Special Programs are described in footnotes to the dms.dot.gov. Administration, DOT. application number. Application This notice of receipt of applications numbers with the suffix ‘‘M’’ denote a ACTION: List of Applications for for modification of exemptions is modification request. These Modification of Exemptions. published in accordance with Part 107 applications have been separated from of the Federal hazardous materials SUMMARY: In accordance with the the new applications for exemptions to facilitate processing. transportation law (49 U.S.C. 5117(b); procedures governing the application 49 CFR 1.53(b)). for, and the processing of, exemptions DATES: Comments must be received on from the Department of Transportation’s or before June 7, 2000. Issued in Washington, DC, on May 16, Hazardous Materials Regulations (49 ADDRESS COMMENTS TO: Records Center, 2000. CFR part 107, subpart B), notice is Research and Special Programs J. Suzanne Hedgepeth, hereby given that the Office of Administration, U.S. Department of Director, Office of Hazardous Materials, Hazardous Materials Safety has received Transportation, Washington, DC 20590. Exemptions and Approvals. VerDate 11 Modification Application Docket No. Applicant of exemp- No. tion 8299±M ...... Pacific Scientific, Duarte, CA (See Footnoote 1) ...... 8299 10555±M ...... Pacific Scientific HTL/KIN±Tech Division, Durate, CA (See Footnote 2) ...... 10555 11761±M ...... Vulcan Chemicals, Birmingham, AL (See Footnote 3) ...... 11761 11826±M ...... Spectra Gases, Inc., Branchburg, NJ (See Footnote 4) ...... 11826 12378±M ..... RSPA±1999±6568 Federal Express, Memphis, TN (See Footnote 5) ...... 12378 12447±M ..... RSPA±2000±7236 Akzo Nobel Coatings, Inc., Norcross, GA (See Footnote 6) ...... 12447 12448±M ..... RSPA±2000±7244 Onyx Environmental Services, L.L.C., Flanders, NJ (See Footnote 7) ...... 12448 1 To modify the exemption to increase the service life limit to 24 years of the non-DOT specification pressure vessels for the transportation of certain Division 2.2 compressed gases. 2 To modify the exemption to allow for the transportation of an additional Division 2.2 material in an alternative non-DOT specification cylinder. 3 To modify the exemption to eliminate the marking requirements of certain DOT specification and AAR specification tank cars containing a res- idue of Class 8 materials. 4 To modify the exemption to authorize additional Division 2.2 materials transported in DOT±3AL aluminum cylinders. 5 To modify the exemption to indicate applicability to companies under subcontract operating under exclusive use for Federal Express for the transportation in commerce of dry ice by cargo aircraft only. 6 To reissue the exemption originally issued on an emergency basis authorizing the use of hazard warning labels that do not conform with the specifications in the HMR. 7 To reissue the exemption originally issued on an emergency basis for the transportation of anhydrous ammonia in DOT specification cylinders. [FR Doc. 00–12871 Filed 5–22–00; 8:45am] CFR part 107, subpart B), notice is comments is desired, include a self- BILLING CODE 4910±60±M hereby given that the Office of addressed stamped postcard showing Hazardous Materials Safety has received the exemption application number. the applications described herein. Each FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION mode of transportation for which a Copies of the applications (See Docket particular exemption is requested is Number) are available for inspection at Research and Special Programs indicated by a number in the ‘‘Nature of the New Docket Management Facility, Administration Application’’ portion of the table below PF–401, at the U.S. Department of as follows: 1—Motor vehicle, 2—Rail Office of Hazardous Materials Safety; Transportation, Nassif Building, 400 7th freight, 3—Cargo vessel, 4—Cargo Notice of Applications for Exemptions Street, SW, Washington, DC 20590 or at aircraft only, 5—Passenger-carrying http://dms.dot.gov. AGENCY: Research and Special Programs aircraft. This notice of receipt of applications Administration, DOT. DATES: Comments must be received on for new exemptions is published in accordance with Part 107 of the Federal ACTION: List of applicants for or before June 22, 2000. exemptions. ADDRESS COMMENTS TO: Records Center, hazardous materials transportation law Research and Special Programs (49 U.S.C. 5117(b); 49 CFR 1.53(b)). SUMMARY: In accordance with the Administration, U.S. Department of Issued in Washington, DC, on May 12, procedures governing the application Transportation, Washington, DC 20590. 2000. for, and the processing of, exemptions Comments should refer to the J. Suzanne Hedgepeth, from the Department of Transportation’s application number and be submitted in Director, Office of Hazardous Materials, Hazardous Materials Regulations (49 triplicate. If confirmation of receipt of Exemptions and Approvals. NEW EXEMPTIONS Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof 12452±N ...... RSPA±00±7237 CA Dept. of Health 49 CFR 173.196, 178.609 To authorize the transportation in commerce Services, Berkeley, of biological specimens classed as infec- CA. tious substance (Etiologic agent) in spe- cially designed packagings inside me- chanical freezers. (mode 1) 12454±N ...... RSPA±00±7322 Ethyl Corp., Rich- 49 CFR 180.509(1), To authorize an alternative testing method mond, VA. 180.509(e). for DOT class 105 tank cars for use in transporting various classes of hazardous materials. (mode 2) 12455±N ...... RSPA±00±7320 United States Marine, 49 CFR 173.34(e) ...... To authorize an alternative testing period for Safety Association, 3A, 3AA and 3AL compressed gas cyl- Philadelphia, PA. inders installed in marine inflatable life- rafts undergoing required annual service at a United States Coast Guard approved inflatable liferaft service facility. (modes 1, 2, 3, 4) VerDate 11 NEW EXEMPTIONSÐContinued Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof 12457±N ...... RSPA±00±7371 Arch Chemicals, Inc., 49 CFR 172.101(i)(3) Col. To authorize the transportation in commerce Norwalk, CN. 8C. of dry calcium hypochlorite mixture, Divi- sion 5.1, in DOT specification flexible in- termediate bulk containers. (mode 1) 12460±N ...... RSPA±00±7355 M&M Service Com- 49 CFR 173.315(k) ...... To authorize the interstate transportation in pany, Carinville, IL. commerce of a non-DOT specification tank built to MC 330 or MC 331 specifica- tions for use in transporting propane, Divi- sion 2.1. (mode 1) [FR Doc. 00–12872 Filed 5–23–00; 8:45 am] DEPARTMENT OF VETERANS opinions, with personal identifiers BILLING CODE 4910±60±M AFFAIRS deleted, may be obtained by contacting the VA official named above. Summary of Precedent Opinions of the General Counsel New Precedent Opinions VAOPGCPREC 01–2000 DEPARTMENT OF THE TREASURY AGENCY: Department of Veterans Affairs. ACTION: Notice. Question Presented Federal Law Enforcement Training a. Is the last sentence of 38 CFR Center SUMMARY: The Department of Veterans 3.272(h) consistent with 38 U.S.C. Affairs (VA) is publishing a summary of 1503(a)(3) in providing that expenses of Notice of Meeting legal interpretations issued by the a veteran’s last illness paid by a Department’s General Counsel involving surviving spouse subsequent to the AGENCY: Federal Law Enforcement veterans’ benefits under laws veteran’s death, but prior to the date of Training Center, Treasury. administered by VA. These entitlement to improved death pension, interpretations are considered ACTION: Notice of meeting. may not be excluded from countable precedential by VA and will be followed income for the purpose of determining by VA officials and employees in future SUMMARY: The Advisory Committee to death pension entitlement? claim matters. The summary is b. If so: (1) What is the basis for the the National Center for State and Local published to provide the public, and, in Law Enforcement Training at the differing treatment accorded by section particular, veterans’ benefit claimants 3.272(h) to expenses paid prior to the Federal Law Enforcement Training and their representatives, with notice of Center will meet on June 7, 2000. The date of death and those paid after the VA’s interpretation regarding the legal date of death but before the date of agenda for this meeting includes matter at issue. remarks by the Committee Co-Chairs, entitlement; and, (2) does Congress’ FOR FURTHER INFORMATION CONTACT: Jane intent in enacting Pub. L. No. 98–369 to Karen Wehner, Deputy Assistant L. Lehman, Chief, Law Library, Secretary (LE), Department of the limit retroactive payments of pension in Department of Veterans Affairs, 810 the case of claimants who file claims Treasury, and Mary Lou Leary, Acting Vermont Avenue, NW., Washington, DC more than 45 days after the date of a Assistant Attorney General, Office of 20420, (202) 273–6558. veteran’s death provide an adequate Justice Programs, Department of Justice; SUPPLEMENTARY INFORMATION: VA basis for prohibiting consideration of progress reports on initiatives and regulations at 38 CFR 2.6(e)(9) and expenses in determining prospective training programs; and presentations on 14.507 authorize the Department’s entitlement for the period following the collaborative programs presented by the General Counsel to issue written legal date of claim? National Center. opinions having precedential effect in adjudications and appeals involving Held ADDRESSES: James J. Rowley Training veterans’ benefits under laws a. The last sentence of 38 CFR Center, 9200 Powder Mill Road, Laurel, administered by VA. The General 3.272(h) is inconsistent with 38 U.S.C. Maryland. Counsel’s interpretations on legal 1503(a)(3) in providing that expenses of FOR FURTHER INFORMATION CONTACT: matters, contained in such opinions, are a veteran’s last illness paid by the Hobart M. Henson, Director, National conclusive as to all VA officials and veteran’s surviving spouse subsequent Center for State and Local Law employees not only in the matter at to the veteran’s death, but prior to the Enforcement Training, Federal Law issue but also in future adjudications date of the surviving spouse’s Enforcement Training Center, Glynco, and appeals, in the absence of a change entitlement to death pension, may not GA 31524, 912–267–2322. in controlling statute or regulation or a be deducted from countable income for superseding written legal opinion of the the purpose of determining entitlement Dated: May 17, 2000. General Counsel. to improved death pension. VA may not Hobart M. Henson, VA publishes summaries of such rely upon the last sentence of 38 CFR Director, National Center for State and Local opinions in order to provide the public 3.272(h) as a basis for denying a death Law Enforcement Training. with notice of those interpretations of pension claim or reducing the amount [FR Doc. 00–12886 Filed 5–22–00; 8:45 am] the General Counsel that must be of benefits payable. BILLING CODE 4810±32±P followed in future benefit matters and to b. (1) There is no basis for the assist veterans’ benefit claimants and differing treatment currently accorded their representatives in the prosecution under 38 CFR 3.272(h) for expenses of of benefit claims. The full text of such a veteran’s last illness paid prior to the VerDate 11 VerDate 11 Corrections Federal Register Vol. 65, No. 100 Tuesday, May 23, 2000 This section of the FEDERAL REGISTER ninth line, ‘‘2,100 (953 kg)’’ should read January 27, 2000, make the following contains editorial corrections of previously ‘‘2,100 lb (953 kg)’’. corrections: published Presidential, Rule, Proposed Rule, 3. On page 25885, in the second 1. On page 4379, in the second and Notice documents. These corrections are column, in section IV, in paragraph column, in the eighth paragraph, prepared by the Office of the Federal C(4), in the first line, ‘‘the area between Register. Agency prepared corrections are 45°20′15″N.lat.’’ should read ‘‘the area remove the duplicated text under the issued as signed documents and appear in between 45°03′50″N.lat. and heading ‘‘Commercial Hazardous Waste the appropriate document categories ° ′ ″ Combustor’’. elsewhere in the issue. 45 20 15 N.lat.’’. 4. On the same page, in the third §444.12 [Corrected] column, in the same section, in the same paragraph, in the third line, 2. On page 4382, in the table, in the DEPARTMENT OF COMMERCE ‘‘October 1–December 31, 2000:’’ should fourth column, the entry under ‘‘ASTM’’ read ‘‘(b) October 1–December 31, in the third line, ‘‘2972-93(A)’’ should National Oceanic and Atmospheric 2000:’’. read ‘‘D2972-93(A)’’. Administration [FR Doc. C0–11108 Filed 5–22–00; 8:45 am] [FR Doc. C0–2019 Filed 5–22–00; 8:45 am] 50 CFR Parts 600 and 660 BILLING CODE 1505±01±D BILLING CODE 1505±01±D [Docket No. 991223347±9347; I.D. 042600B] ENVIRONMENTAL PROTECTION DEPARTMENT OF THE INTERIOR Fisheries Off West Coast States and in AGENCY Bureau of Indian Affairs the Western Pacific; Pacific Coast 40 CFR Part 444 Groundfish Fishery; Trip Limit Indian Gaming Adjustments [FRL-6503-6] Correction Correction RIN 2040-AC23 In rule document 00–11108 beginning Effluent Limitations Guidelines, In notice document 00–12321 on page 25881 in the issue of Thursday, Pretreatment Standards, and New appearing on page 31189 in the issue of May 4, 2000, make the following Source Performance Standards for the Tuesday, May 16, 2000 make the corrections: Commercial Hazardous Waste following correction: 1. On page 25882, in the first column, Combustor Subcategory of the Waste In the third column, in the fourth line in the first paragraph, in the fourth line, Combustors Point Source Category from the bottom,‘‘Levin’’ should read ‘‘1,000 (454 kg)’’ should read ‘‘1,000 lb ‘‘Kevin’’. (454 kg)’’. Correction 2. On the same page, in the third In rule document 00–2019 beginning [FR Doc. C0–12321 Filed 5–22–00; 8:45 am] column, in the second paragraph, in the on page 4360 in the issue of Thursday, BILLING CODE 1505±01±D VerDate 11 Part II Department of Defense Department of the Army, Corps of Engineers 33 CFR Part 334 United States Marine Corps Restricted Area, New River, North Carolina, and Vicinity; Proposed Rule VerDate 11 DEPARTMENT OF DEFENSE Engineers, Wilmington District, at 910– sector and, therefore, is not a Federal 251–4467. private sector mandate and is not Department of the Army, Corps of SUPPLEMENTARY INFORMATION: Pursuant subject to the requirements of Section Engineers to its authorities in Section 7 of the 202 or 205 of the Unfunded Mandates Rivers and Harbors Act of 1917 (40 Stat Act. We have also found under Section 33 CFR Part 334 266; 33 U.S.C. 1) and Chapter XIX, of 203 of the Act, that small Governments the Army Appropriations Act of 1919 will not be significantly and uniquely United States Marine Corps Restricted (40 Stat 892 U.S.C.3) the Corps proposes affected by this rulemaking. Area, New River, NC, and Vicinity to amend the restricted area regulations List of Subjects in 33 CFR Part 334 AGENCY: U.S. Army Corps of Engineers, in 33 CFR Part 334.400. DoD. Procedural Requirements Marine Safety, Navigation (water), Transportation, Waterways. ACTION: Notice of proposed rulemaking a. Review Under Executive Order 12866 and request for comments. For the reasons set out in the This proposed rule is issued with preamble, the Corps proposes to amend respect to a military function of the SUMMARY: The Corps of Engineers is 33 CFR Part 334, as follows: proposing to amend the regulations Defense Department and the provisions which establish restricted areas in the of Executive Order 12866 do not apply. PART 334ÐDANGER ZONE AND waters of New River, North Carolina, b. Review Under the Regulatory RESTRICTED AREA REGULATIONS and vicinity to include restricted areas Flexibility Act for United States Marine Corps 1. The authority citation for Part 334 Waterborne Refueling Training These proposed rules have been continues to read as follows: Operation in the Morgan Bay Sector, reviewed under the Regulatory Flexibility Act (Pub. L. 96–354), which Authority: 40 Stat. 266 (33 U.S.C. 1) and Farnell Bay Sector, and Grey Point 40 Stat. 892 (33 U.S.C. 3) Sector. Refueling operations would requires the preparation of a regulatory flexibility analysis for any regulation occur approximately fourteen times a 2. Section 334.440 would be amended that will have a significant economic year. Small craft would be refueled with by adding paragraph (c)(6) to read as impact on a substantial number of small unleaded gasoline or diesel fuel from a follows: entities (i.e., small businesses and small tactical bulk refueling system loaded Governments). The Corps expects that § 334.440 New River, N.C., and vicinity; onto a floating platform or vessel. The the economic impact of the Marine Corps firing ranges, purpose is for the Marine Corps to gain establishment of this restricted area * * * * * proficiency in refueling operations and would have practically no impact on the associated activities in riverine (c) * * * public, no anticipated navigational environments. The restricted area (6) No person shall enter or remain hazard or interference with existing within a 2 acre area surrounding a currently serves as a firing range; but waterway traffic and accordingly, waterborne refueling training operation, there are no provisions for refueling certifies that this proposal if adopted, operations. The changes to the will have no significant economic in either the Grey Point Sector, Farnell regulation are necessary to safeguard impact on small entities. Bay Sector, or Morgan Bay Sector as Marine Corps vessels, ribbon bridges, described in paragraph (b) of this and United States Government facilities c. Review Under the National section, for the duration of the training from sabotage and other subversive acts, Environmental Policy Act operation after a notice to conduct a accidents, or other incidents of similar An environmental assessment has waterborne refueling training operation nature. These changes are also necessary been prepared for this action. We have has been published in the local notice to protect the public from potentially concluded, based on the minor nature of to mariners and has been broadcast over hazardous conditions which may exist the proposed additional restricted area the Marine Band radio network. The 2 as a result of the Marine Corps use of regulations, that this action, if adopted, acre area surrounding a waterborne the area. will not have a significant impact to the refueling training operation will be DATES: Written comments must be quality of the human environment, and patrolled and persons and vessels shall submitted on or before June 22, 2000. preparation of an environmental impact clear the area under patrol upon being statement is not required. The warned by the surface patrol craft. ADDRESSES: U.S. Army Corps of environmental assessment may be Engineers, ATTN: CECW–OR, 20 * * * * * reviewed at the District Office listed at Massachusetts Avenue, NW, Dated: May 9, 2000. the end of FOR FURTHER INFORMATION Washington, D. C. 20314–1000 Charles M. Hess, CONTACT, above. FOR FURTHER INFORMATION CONTACT: Mr. Chief, Operations Division, Office of Deputy Frank Torbett, Headquarters Regulatory d. Unfunded Mandates Act Commanding General for Civil Works. Branch, Washington, D.C. at (202) 761– This proposed rule does not impose [FR Doc. 00–12764 Filed 5–22–00; 8:45 am] 1787, or Mr. Ernie Jahnke, Corps of an enforceable duty among the private BILLING CODE 3710±92±U VerDate 11 Part III Department of Defense General Services Administration National Aeronautics and Space Administration 48 CFR Part 17 Federal Acquisition Regulation; Executive Agent; Proposed Rule VerDate 11 DEPARTMENT OF DEFENSE ACTION: Withdrawal of proposed rule. SUPPLEMENTARY INFORMATION: A. Background GENERAL SERVICES SUMMARY: The Civilian Agency ADMINISTRATION Acquisition Council and the Defense The rule which was published in the Acquisition Regulations Council Federal Register at 64 FR 44100, August NATIONAL AERONAUTICS AND (Councils) agreed to withdraw FAR case 12, 1999, proposed amending FAR part SPACE ADMINISTRATION 99–004, Executive Agent, because it is 17 to add another example of an no longer necessary. The proposed rule interagency acquisition that is not 48 CFR Part 17 was published in the Federal Register at subject to the Economy Act. This rule is 64 FR 44100, August 12, 1999. being withdrawn because it is no longer [FAR Case 99±004] necessary. FOR FURTHER INFORMATION CONTACT: The RIN 9000±AI42 FAR Secretariat, Room 4035, GS List of Subjects in 48 CFR Part 17 Federal Acquisition Regulation; Building, Washington, DC 20405, (202) Government procurement. Executive Agent 501–4755 for information pertaining to status or publication schedules. For Dated: May 17, 2000. AGENCIES: Department of Defense (DoD), clarification of content, contact Mr. Edward C. Loeb, General Services Administration (GSA), Ralph De Stefano, Procurement Analyst, Director, Federal Acquisition Policy Division. and National Aeronautics and Space at (202) 501–1758. Please cite FAR case [FR Doc. 00–12868 Filed 5–22–00; 8:45 am] Administration (NASA). 99–004, withdrawal. BILLING CODE 6820±EP±U VerDate 11 Reader Aids Federal Register Vol. 65, No. 100 Tuesday, May 23, 2000 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR 1001...... 32010 Proclamations: 1005...... 32010 Presidential Documents 7297...... 25821 1006...... 32010 Executive orders and proclamations 523±5227 7298...... 25823 1007...... 32010 The United States Government Manual 523±5227 7299...... 25825 1126...... 32010 7300...... 25827 1131...... 32010 Other Services 7301...... 26113 1135...... 32010 1205...... 25236 523±4534 7302...... 26117 Electronic and on-line services (voice) 1220...... 30832 Privacy Act Compilation 523±3187 7303...... 26481 7304...... 30335 1436...... 30345 Public Laws Update Service (numbers, dates, etc.) 523±6641 7305...... 30827 1710...... 31246 523±5229 TTY for the deaf-and-hard-of-hearing 7306...... 30829 1951...... 31248 7307...... 31071 Proposed Rules: ELECTRONIC RESEARCH 7308...... 31783 319...... 30365 7309...... 32047 360...... 31289 World Wide Web Administrative Orders: 930...... 32044 Full text of the daily Federal Register, CFR and other Notice of May 18, 958...... 30920 publications: 2000 ...... 32005 1220...... 30922 1240...... 30924 http://www.access.gpo.gov/nara Executive Orders: January 19, 1917 1710...... 31289 Federal Register information and research tools, including Public (Revoked by 9 CFR Inspection List, indexes, and links to GPO Access: PL07444)...... 30429 http://www.nara.gov/fedreg 10977 (See EO Proposed Rules: 77...... 25292 13154) ...... 26479 E-mail 94...... 31290 11478 (Amended by 590...... 26148 PENS (Public Law Electronic Notification Service) is an E-mail EO 13152)...... 26115 service for notification of recently enacted Public Laws. To 12871 (Amended by 10 CFR subscribe, send E-mail to EO 13156)...... 31785 72...... 25241 [email protected] 12983 (See EO 420...... 25265 13156) ...... 31785 with the text message: 810...... 26278 12985 (See EO Ch. XVIII ...... 30833 subscribe PUBLAWS-L your name 13154) ...... 26479 13047 (See Notice of Proposed Rules: Use [email protected] only to subscribe or unsubscribe to 32...... 26148 May 18, 2000)...... 32005 PENS. We cannot respond to specific inquiries. 50...... 30550, 31837 13149 (See Proc. 76...... 30018 Reference questions. Send questions and comments about the 7308) ...... 31783 Ch. 1 ...... 26772 Federal Register system to: 13151...... 25619 431...... 30929 [email protected] 13152...... 26115 13153...... 26475 The Federal Register staff cannot interpret specific documents or 11 CFR 13154...... 26479 regulations. Proposed Rules: 13155...... 30521 104...... 25672, 31787 13156...... 31785 111...... 31787 FEDERAL REGISTER PAGES AND DATE, MAY 5 CFR 12 CFR 25233±25434...... 1 351...... 25623 361...... 31250 25435±25622...... 2 532 ...... 26119, 26120, 30821 563...... 30527 25623±25828...... 3 630...... 26483 1201...... 25623 563c ...... 30527 25829±26116...... 4 563g...... 30527 26117±26480...... 5 7 CFR 614...... 26278 26481±26730...... 8 2...... 31245 707...... 32010 26731±26940...... 9 47...... 29941 716...... 31722 29941±30334...... 10 210...... 26904, 31371 741...... 31722 30335±30520...... 11 220...... 26904 790...... 25266 30521±30828...... 12 245...... 31427 900...... 25267 30829±31072...... 15 301 ...... 26487, 30337, 31245 917...... 25267 31073±31244...... 16 400...... 29941 940...... 25267 31245±31426...... 17 945...... 25625 1735...... 26731 31427±31782...... 18 959...... 29942 Proposed Rules: 981...... 25233 35...... 31962 31783±32006...... 19 985...... 30341, 32007 207...... 31962 32007±33246...... 22 989...... 30525 346...... 31962 33247±33428...... 23 993...... 29945 533...... 31962 VerDate 11-MAY-2000 17:53 May 22, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\23MYCU.LOC pfrm11 PsN: 23MYCU ii Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Reader Aids 611...... 26776 122...... 31263 917...... 29949 117...... 30885 900...... 25676, 26518 159...... 31261 948...... 26130 122...... 30885 917...... 26518 162...... 33254 123...... 30885 926...... 26518 174...... 31261 31 CFR 124...... 30885 940...... 25676 560...... 25642 125...... 30885 20 CFR 944...... 26518 Proposed Rules: 131...... 31682 950...... 25676, 26518 404...... 31800 10...... 30375 141...... 25982 952...... 26518 Proposed Rules: 142...... 25982 955...... 25676 217...... 30366 32 CFR 143...... 25982 956...... 25676 335...... 26161 Ch. XXIX...... 30542 144...... 30885 961...... 26518 403...... 30037 701...... 31456 180 ...... 25647, 25652, 25655, 980...... 26518 25660, 25857, 25860, 29963, 21 CFR 727...... 26748 767...... 31079 30543, 33260 13 CFR 228...... 31492 10...... 25440 Proposed Rules: 121...... 30836 261...... 31096, 32214 13...... 25440 701...... 31505 124...... 33249 14...... 25440 228...... 30545 15...... 25440 33 CFR 270...... 39885 14 CFR 271 ...... 26750, 26755, 29973, 25...... 30352 100 ...... 25446, 25644, 31083, 25...... 25435 29981 177...... 26744 31086, 33255 39 ...... 25278, 25280, 25281, 300...... 30482, 31821 178...... 26129, 26746 110 ...... 31083, 31086, 31091, 25437, 25627, 25829, 25833, 444...... 33423 203...... 25639 32023, 33255 26121, 26122, 26124, 26735, 721...... 30912 205...... 25639 117 ...... 25446, 25645, 25646, 26738, 30527, 30529, 30532, Proposed Rules: 510...... 25641 29954, 30881, 31478 30534, 30536, 30538, 30539, 51...... 31858, 33268 522...... 26747 155...... 31806 30863, 30865, 30874, 31253, 52 ...... 26792, 30045, 30387, 884...... 31454 165 ...... 26489, 26750, 29954, 31255, 31256, 31259, 32011, 31120, 31297, 31507, 32057, 1301...... 30541 30883, 30884, 31086, 31091, 32013, 32015,32016, 32018, 33280 Proposed Rules: 31479, 31813, 32023, 33255, 32021 61...... 26932 2...... 26789 33258 71 ...... 25439, 25440, 26126, 16...... 26162 62...... 25460 26128, 30541, 30876, 30877, Proposed Rules: 63...... 26544 25...... 30366 117...... 30043, 30938 30878, 30879, 32023, 33250 900...... 26162 81...... 30045, 31859 91...... 31214, 31798 165 ...... 25458, 25980, 30376, 141...... 25894, 30194 95...... 26740 22 CFR 31293 142...... 25894, 30194 167...... 31856 239...... 26544 97 ...... 25838, 25842, 31427, Proposed Rules: 334...... 33426 31798 706...... 30369 271...... 26802, 30046 300 ...... 25292, 26803, 30489, 121...... 26128 34 CFR Proposed Rules: 23 CFR 31864, 32058 23...... 30936 450...... 31803 674...... 26136 403...... 26550 39 ...... 25694, 25696, 25892, 668...... 25441 Proposed Rules: 430...... 31120 100...... 26464 26149, 26152, 26781, 26783, 771...... 31803 41 CFR 30019, 30021, 30023, 30025, 104...... 26464 101±43...... 31218 30028, 30031, 30033, 30553, 24 CFR 106...... 26464 102±36...... 31218 84...... 30498 110...... 26464 31109, 31113, 31291, 31837, Ch. 301 ...... 31824 31839 583...... 30822 300...... 30314 Proposed Rules: 71 ...... 25455, 25456, 25457, 905...... 25445 36 CFR 60±1...... 26088 26154, 26155, 26156, 26157, Proposed Rules: 60±2...... 26088 26158, 26160, 26785, 26786, 2003...... 32240 327...... 26136 26787, 26788, 30036, 30678, 3280...... 31778 Proposed Rules: 42 CFR 1253...... 26542 31504, 32046, 32047 3282...... 31778 414...... 25664 294...... 30276, 30288 15 CFR 25 CFR Proposed Rules: 37 CFR 9...... 25894 902...... 31430 Proposed Rules: 405...... 31124 Proposed Rules: Proposed Rules: 38...... 26728 412...... 26282 201...... 25894, 33266 301...... 30555 413...... 26282 26 CFR 202...... 26162 922...... 31634, 32048 485...... 26282 1 ...... 31073, 31078, 31805, 16 CFR 39 CFR 1001...... 32060 32152 1003...... 25460 305...... 30351 31...... 32152 20...... 29955 Proposed Rules: 48...... 26488 111...... 26750, 31815 43 CFR 307...... 26534 Proposed Rules: 952...... 32026 4...... 25449 310...... 26161 1 ...... 26542, 31115, 31118, 913...... 31265 Proposed Rules: 31841, 31853 Proposed Rules: 2930...... 31234 17 CFR 111 ...... 26792, 31118, 31506 27 3800...... 31234 4...... 25980 8340...... 31234 40 CFR 231...... 25843 275...... 31079 8370...... 31234 241...... 25843 Proposed Rules: 9...... 25982, 26491 8560...... 31234 270...... 25630 9...... 31853 22...... 30885 9260...... 31234 271...... 25843 52 ...... 29956, 29959, 30355, 29 CFR 44 CFR Proposed Rules: 30358, 31093, 31267, 31480, 240...... 26534 4022...... 30880 31482, 31485, 31489, 32028, 64...... 30545 4044...... 30880 32030, 32033, 33259 Proposed Rules: 19 CFR Proposed Rules: 60...... 32033 206...... 31129 12...... 33251 1910...... 33263 62...... 25447 19...... 31260 63...... 26491 45 CFR 24...... 31261 30 CFR 70...... 32035 Proposed Rules: 101...... 31262 250...... 25284 81...... 29959 1159...... 31864 VerDate 11-MAY-2000 17:53 May 22, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\23MYCU.LOC pfrm11 PsN: 23MYCU Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Reader Aids iii 46 CFR 235...... 32040 1852...... 32069 32...... 30772 32...... 31806 241...... 32040 5433...... 31131 222...... 25670, 31500 515...... 26506 252...... 32041 5452...... 31131 223...... 25670, 31500 520...... 26506 1516...... 31498 300...... 30014 49 CFR 530...... 26506 1552...... 31498 600 ...... 25881, 31283, 31430, 535...... 26506 1804...... 31101 173...... 30914 33423 Proposed Rules 1806...... 31101 178...... 30914 622 ...... 30362, 30547, 31827, 520...... 31130 1815...... 30012, 31101 209...... 33262 31831 1819...... 30012 230...... 33262 648 ...... 25887, 30548, 31836, 47 CFR 1823...... 31101 391...... 25285 32042 1...... 29985, 31270 1832...... 31101 552...... 30680 654...... 31831 11...... 29985 1845...... 31101 571...... 30680, 30915 660 ...... 25881, 26138, 31283, 22...... 25451 1852...... 30012 585...... 30680 33423 24...... 25452 Proposed Rules: 595...... 30680 679 ...... 25290, 25671, 30549, 54...... 25864, 26513 2...... 30311 619...... 31803 31103, 31104, 31105, 31107, 73 ...... 25450, 25453, 25669, 11...... 30311 622...... 31803 31288 25865, 29985, 30547, 31100, 15...... 30311 Proposed Rules: Proposed Rules: 31101, 31498 17...... 33428 350...... 26166, 32070 10...... 26664 74...... 29985 23...... 30311 359...... 25540 13...... 26664 79...... 26757 32...... 25614 390 ...... 25540, 26166, 32070 17 ...... 26664, 30048, 30941, Proposed Rules: 42...... 30311 394 ...... 25540, 26166, 32070 30951, 31298, 31870, 33283 64...... 33281 52...... 25614 395 ...... 25540, 26166, 32070 23...... 26664 73 ...... 25463, 25697, 25865, 209...... 32065 398 ...... 25540, 26166, 32070 224...... 26167 30046, 30047, 30558, 31130, 215...... 32066 538...... 26805 622...... 31132, 31507 31131 223...... 32065 635...... 26876 1503...... 25899 50 CFR 660...... 31871 48 CFR 1552...... 25899 17 ...... 25867, 26438, 26762 679...... 30559, 32070 219...... 30191 1803...... 32069 21...... 30918 697...... 25698 VerDate 11-MAY-2000 17:53 May 22, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\23MYCU.LOC pfrm11 PsN: 23MYCU iv Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Reader Aids REMINDERS Spain; Spanish Pure application review comments due by 6-2-00; The items in this list were Breed horses; process; comments due published 5-3-00 editorially compiled as an aid comments due by 6-2- by 6-1-00; published 4-17- FEDERAL HOUSING to Federal Register users. 00; published 4-3-00 00 FINANCE BOARD Inclusion or exclusion from AGRICULTURE ENERGY DEPARTMENT Federal home loan bank this list has no legal DEPARTMENT Energy Efficiency and system: significance. Food Safety and Inspection Renewable Energy Office Acquired member assets, Service Consumer products; energy core mission activities, Egg products inspection; fee conservation program: and investments and RULES GOING INTO increase; comments due by Fluorescent lamp ballastsÐ advances; comments due EFFECT MAY 23, 2000 6-1-00; published 5-5-00 Energy conservation by 6-2-00; published 5-3- ARCHITECTURAL AND standards; comments 00 ENVIRONMENTAL TRANSPORTATION due by 5-30-00; FEDERAL TRADE PROTECTION AGENCY BARRIERS COMPLIANCE published 3-15-00 COMMISSION Air quality implementation BOARD ENVIRONMENTAL Telemarketing sales rules; plans; approval and Electronic and information PROTECTION AGENCY comments due by 5-30-00; promulgation; various technology accessibility Air programs; approval and published 5-5-00 States: standards; comments due promulgation; State plans GENERAL SERVICES California; published 3-24-00 by 5-30-00; published 3-31- for designated facilities and ADMINISTRATION Pesticides; tolerances in food, 00 pollutants: Federal Acquisition Regulation animal feeds, and raw COMMERCE DEPARTMENT Oklahoma; comments due (FAR): agricultural commodities: National Oceanic and by 6-1-00; published 5-2- Competitive negotiated Vinclozolin; published 5-23- Atmospheric Administration 00 acquisitions; discussion 00 Fishery conservation and Clean Air Act: requirements; comments SMALL BUSINESS management: Accidental release due by 6-2-00; published ADMINISTRATION Atlantic coastal fisheries prevention requirements; 4-3-00 Small business size standards: cooperative risk management Procurement integrity 8(a) business development/ managementÐ programs; distribution of rewrite; comments due by off-site consequence small disadvantaged Atlantic Coast horseshoe 5-30-00; published 3-29- analysis information; business status crab; comments due by 00 comments due by 5-30- determinations; published 6-2-00; published 5-3-00 HOUSING AND URBAN 00; published 4-27-00 5-23-00 Caribbean, Gulf, and South DEVELOPMENT Hazardous waste: TRANSPORTATION Atlantic fisheriesÐ DEPARTMENT Project XL program; site- DEPARTMENT Gulf of Mexico and South Mortgage and loan insurance specific projectsÐ Federal Aviation Atlantic coastal programs: Administration migratory pelagic Minnesota; comments due Title I Property Improvement by 5-30-00; published Air traffic operating and flight resources; comments and Manufactured Home 5-8-00 rules, etc.: due by 5-31-00; Loan Insurance programs Pesticides; tolerances in food, and Title I lender/Title II Special visual flight rules; published 5-16-00 animal feeds, and raw mortgagee approval published 3-24-00 Ocean and coastal resource management: agricultural commodities: requirements; comments Airworthiness directives: due by 5-30-00; published Coastal Zone Management Fenthion, etc.; comments Airbus; published 4-18-00 3-30-00 Act Federal consistency due by 5-30-00; published Eurocopter France; regulations; comments 3-31-00 Public and Indian housing: published 4-18-00 due by 5-30-00; published Superfund program: Public housing agency TREASURY DEPARTMENT 4-14-00 National oil and hazardous plans; poverty deconcentration and Customs Service COMMERCE DEPARTMENT substances contingency planÐ public housing integration Inspection, search, and Patent and Trademark Office (``One America''); seizure: National priorities list Patent cases: update; comments due comments due by 6-1-00; Controlled substances; Twenty-year patent term; by 5-31-00; published published 4-17-00 summary forfeiture; patent term adjustment; 5-1-00 INTERIOR DEPARTMENT published 5-23-00 implementation; comments FEDERAL Fish and Wildlife Service Merchandise, special classes: due by 5-30-00; published COMMUNICATIONS Endangered and threatened 3-31-00 Softwood lumber shipments COMMISSION species: from Canada; published DEFENSE DEPARTMENT Radio stations; table of 5-23-00 San Diego ambrosia; Federal Acquisition Regulation assignments: comments due by 5-30- (FAR): Tennessee and Alabama; 00; published 3-30-00 COMMENTS DUE NEXT Competitive negotiated comments due by 5-30- Migratory bird hunting: WEEK acquisitions; discussion 00; published 4-19-00 Seasons, limits, and requirements; comments Texas; comments due by 5- shooting hours; AGRICULTURE due by 6-2-00; published 30-00; published 4-19-00 establishment, etc.; DEPARTMENT 4-3-00 Various States; comments comments due by 6-2-00; Animal and Plant Health Procurement integrity due by 5-30-00; published published 4-25-00 Inspection Service rewrite; comments due by 4-19-00 INTERIOR DEPARTMENT 5-30-00; published 3-29- Exportation and importation of FEDERAL ELECTION 00 Surface Mining Reclamation animals and animal COMMISSION and Enforcement Office products: EDUCATION DEPARTMENT Reports by political Permanent program and Horses from contagious Grants: committees: abandoned mine land equine meritis (CEM)- Direct grant programs; Election cycle reporting by reclamation plan affected countriesÐ discretionary grants; authorized committees; submissions: VerDate 11-MAY-2000 17:53 May 22, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\23MYCU.LOC pfrm11 PsN: 23MYCU Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Reader Aids v Maryland; comments due by comments due by 5-30- Procedure and administration: index.html. Some laws may 5-30-00; published 4-28- 00; published 4-28-00 Corporate tax shelter not yet be available. 00 TRANSPORTATION registration; cross- JUSTICE DEPARTMENT DEPARTMENT reference; comments due H.R. 434/P.L. 106±200 Immigration and Federal Aviation by 5-31-00; published 3-2- Trade and Development Act of Naturalization Service Administration 00 2000 (May 18, 2000; 114 Nationality: Airworthiness directives: Investors in potentially Stat. 251) abusive tax shelters; Naturalization grants; Bell; comments due by 5- requirements to maintain S. 1744/P.L. 106±201 revocation; comments due 30-00; published 3-30-00 list; cross-reference; by 5-30-00; published 3- To amend the Endangered Bombardier; comments due comments due by 5-31- 31-00 Species Act of 1973 to by 5-30-00; published 4- 00; published 3-2-00 provide that certain species JUSTICE DEPARTMENT 28-00 VETERANS AFFAIRS conservation reports shall Clean Air Act: Eurocopter France; DEPARTMENT continue to be required to be comments due by 5-30- Accidental release Vocational rehabilitation and submitted. (May 18, 2000; 114 00; published 3-28-00 prevention requirements; education: Stat. 307) risk management General Electric Co.; Veterans educationÐ S. 2323/P.L. 106±202 programs; distribution of comments due by 6-2-00; Flight-training programs; off-site consequence published 4-3-00 Worker Economic Opportunity information collection; analysis information; McDonnell Douglas; Act (May 18, 2000; 114 Stat. comments due by 6-2- comments due by 5-30- comments due by 6-1-00; 308) 00; published 4-3-00 00; published 4-27-00 published 4-17-00 Last List May 10, 2000 NATIONAL AERONAUTICS New Piper Aircraft, Inc.; AND SPACE comments due by 6-2-00; LIST OF PUBLIC LAWS ADMINISTRATION published 3-30-00 Federal Acquisition Regulation TREASURY DEPARTMENT This is a continuing list of Public Laws Electronic (FAR): Customs Service public bills from the current Notification Service session of Congress which (PENS) Competitive negotiated Organization and functions; have become Federal laws. It acquisitions; discussion field organizations, ports of may be used in conjunction requirements; comments entry, etc.: with ``P L U S'' (Public Laws PENS is a free electronic mail due by 6-2-00; published Milwaukee and Racine, WI; 4-3-00 Update Service) on 202±523± notification service of newly ports consolidation; 6641. This list is also Procurement integrity enacted public laws. To comments due by 5-30- available online at http:// rewrite; comments due by subscribe, go to www.gsa.gov/ 00; published 3-28-00 www.nara.gov/fedreg. 5-30-00; published 3-29- archives/publaws-l.html or TREASURY DEPARTMENT send E-mail to 00 The text of laws is not Internal Revenue Service [email protected] with TRANSPORTATION published in the Federal Income taxes: the following text message: DEPARTMENT Register but may be ordered Tax shelter disclosure Coast Guard in ``slip law'' (individual SUBSCRIBE PUBLAWS-L statements; cross- pamphlet) form from the Ports and waterways safety: Your Name. reference; comments due Superintendent of Documents, OPSAIL 2000, New York by 5-31-00; published 3-2- U.S. Government Printing Note: This service is strictly Harbor, NY; safety zones; 00 Office, Washington, DC 20402 for E-mail notification of new comments due by 5-31- Tax-exempt organizations; (phone, 202±512±1808). The laws. The text of laws is not 00; published 5-17-00 taxation of income from text will also be made available through this service. Regattas and marine parades: corporate sponsorship; available on the Internet from PENS cannot respond to Eighth Coast Guard District comments due by 5-30- GPO Access at http:// specific inquiries sent to this annual marine events; 00; published 3-1-00 www.access.gpo.gov/nara/ address. VerDate 11-MAY-2000 17:53 May 22, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\23MYCU.LOC pfrm11 PsN: 23MYCU